Legal service
Consumer relations assistance and representation
Defense before ANPC, warranties, unfair terms and e-commerce
We provide comprehensive assistance in managing relations with consumers and with the National Authority for Consumer Protection (ANPC), from audits and the challenging of sanctions to the review of the contractual framework and internal procedures.
Assistance during ANPC audits
Participation in the audit
Assistance during inspections carried out by ANPC commissioners at the company’s headquarters or points of sale. The lawyer’s presence ensures that the company’s rights are observed and that responses are accurate and complete.
Preparation of documents and clarifications
Review of documents requested by ANPC before submission, and drafting of responses to audit documents.
Handling of findings
Analysis of inspection reports and imposed measures, and identification of options for challenge.
Challenging ANPC sanctions
Challenging minutes of sanctions
Filing contravention complaints against fines imposed by ANPC, arguing the lack of merit or disproportionality of the sanction.
Challenging complementary measures
Challenging obligations to withdraw products, cease commercial practices or publish decisions — where such measures are disproportionate or unlawful.
Court representation
Representation in administrative litigation generated by ANPC acts, before the district courts (for contravention complaints) and before the administrative-litigation tribunals.
Conformity guarantees and commercial warranties
Legal conformity guarantee
Defense of the company in consumer actions regarding products non-conforming with the contract: defects, lack of promised qualities, non-correspondence with the description or sample. Management of the hierarchy of remedies (repair, replacement, price reduction, rescission).
Commercial (voluntary) warranty
Disputes over the interpretation and enforcement of commercial warranties offered by the producer or seller. Distinction between the legal guarantee and the commercial warranty.
Defective products (producer liability)
Defense of the company in actions regarding liability for defective products, including proof of conformity at the time of placing on the market.
Unfair commercial practices and misleading advertising
Misleading advertising
Defense of the company in actions or sanctions concerning commercial communications deemed misleading (ads, product descriptions, website presentations, promotional materials).
Aggressive commercial practices
Challenging findings concerning sales practices deemed aggressive (forced sales, unjustified pressure, exploitation of consumer vulnerability).
Misleading omissions
Management of situations where the company is sanctioned for failing to provide essential information to the consumer.
Unfair contract terms
Defense in actions to establish the unfair character
Representation in litigation initiated by individual consumers or protection associations against clauses in the company’s contracts.
Preventive analysis
Review of standard contracts to identify and remove clauses that risk being declared unfair, before a consumer or ANPC challenges them.
E-commerce and distance contracts
Right of withdrawal (14 days)
Management of disputes over the exercise of the consumer’s right of withdrawal (deadlines, conditions, exceptions, refund of the price).
Pre-contractual information
Defense against actions or sanctions for failure to provide mandatory information before the conclusion of the distance contract.
Delivery and risk of loss
Disputes over non-delivery, late delivery or damage to products in transit, in the context of specific rules on transfer of risk to the consumer.
Online platforms and marketplaces
Liability of platform operators towards consumers purchasing products from third-party sellers.
Review of the contractual framework with consumers
Analysis of contractual clauses
Review of standard contracts, general terms and conditions, order forms and delivery notes to identify potentially unfair clauses.
Drafting of terms and conditions (T&C)
Terms and conditions for websites, e-commerce platforms and mobile apps, compliant with e-commerce legislation, right of withdrawal, mandatory pre-contractual information, and GDPR.
Return and warranty policies
Drafting clear policies, compliant with the consumer’s right of withdrawal within 14 days (for distance contracts) and the rules on the legal conformity guarantee.
Mandatory pre-contractual information
Verification that all information required by law is provided to the consumer before the conclusion of the contract: trader identity, product characteristics, total price, right of withdrawal, warranties.
Internal procedures and training
Complaints handling procedure
Creation of a clear internal workflow for receiving, recording, analyzing and resolving customer complaints. A swift, professional response prevents escalation.
Customer relations team training
Training of staff interacting with consumers on consumer rights, the company’s legal obligations and the proper handling of conflict situations.
Do you have a situation you would like to discuss?
Contact us for a preliminary assessment. We analyze the case together and outline the options available to you.
Schedule a consultation