Not every purchase can be returned within 14 days: your legal options when a product disappoints

You buy a pair of shoes and, once home, realise the size is wrong. A vacuum cleaner stops working after a few weeks. Or you receive a parcel you ordered online and change your mind. In all 3 cases, the question seems the same: “Can I take it back?” However, the law in the Republic of Moldova gives a different answer in each case.

For a product in good condition that does not suit you, Law No. 105/2003 on Consumer Protection gives you the right to exchange it within 14 days, subject to conditions and a list of exceptions. For a defective product, you have the right to free repair or replacement and, in certain cases, a price reduction or a refund. For a purchase made at a distance or outside a shop, the Civil Code allows you to withdraw from the contract within 14 days without giving a reason, subject to its own exceptions.

So, “14 days” does not mean a general right to return anything and get your money back immediately. It all starts with a simple question: which situation are you in?

These mechanisms are not interchangeable. A product excluded from exchange because you do not like it is still covered if it is defective. And withdrawal has its own exceptions, which differ from the list that applies to exchanges.

1. The product is fine, but does not suit you: the right to exchange

Under Art. 26(1) of Law No. 105/2003, consumers may ask the seller, “at the retail outlet where the product was purchased, within 14 days”, to replace a non-food product of satisfactory quality with a similar product if it does not suit them “in terms of shape, dimensions, model, size or colour” or if, for other reasons, they cannot use it for its intended purpose. If the products have different prices, the difference is recalculated. The rule is also explained on the Consumer Protection Inspectorate’s page.

Under para. (3) of the same article, the request must be granted if all the following conditions are met:

• the product has not been used;

• it has not lost its consumer qualities;

• there is proof that it was purchased from that seller;

• the product is not on the list of exceptions in the annex to the law.

A refund comes only as a second option. If the product needed for the exchange is unavailable, you may terminate the contract, and the seller is required to refund its value (Art. 26(2)).

Example: the shoes are too small

You bought shoes from a shop, tried them on at home and found they were too small. If they have not been worn, are in the same condition as when purchased and you have a receipt or other proof of purchase, you can ask for a different size within 14 days. If the shop does not have your size, you can ask for a refund. If you have already worn them outside, the condition that the product must not have been used is no longer met.

Things are different if the sole comes unglued after 2 weeks of ordinary wear. That is no longer an exchange because the product does not suit you, but a potentially non-conforming product (Chapter 3).

2. Which products cannot be exchanged

The annex to Law No. 105/2003 lists 15 categories of non-food products of satisfactory quality that “cannot be returned or exchanged for a similar product”:

1. Jewellery (items made of precious metals, with precious stones, made of precious metals and set with semi-precious and synthetic stones, and cut precious stones).

2. Garments and knitted items (underwear, bed linen and hosiery).

3. Personal hygiene items (toothbrushes, combs, hair clips, curlers, tweezers, manual or electric razors and other items intended for personal care).

4. Perfumery and cosmetic products.

5. Textile goods (cotton and cotton-type, linen and linen-type, wool and wool-type, silk and silk-type fabrics, ribbons, edging tape, etc.).

6. Cables (electrical conduits, cables, cords).

7. Construction and finishing materials and other goods sold by the metre (linoleum, film, carpeting, etc.).

8. Products and materials made of polymer plastics that come into contact with food, including disposable items (tableware and kitchen accessories), packaging, and items for storing and transporting food (jerrycans, cans, bottles, barrels).

9. Household chemicals, pesticides and agrochemical preparations.

10. Furniture for social use (suites and sets).

11. Cars and motorcycles, trailers and units, mobile equipment for small-scale agricultural work, recreational boats and other watercraft for social use.

12. Complex household technical goods for which warranty periods are established (household appliances, radio-electronic equipment, calculating and copying equipment, photographic and cinematographic equipment, landline and mobile phones and fax machines, electric musical instruments, gas-powered equipment and devices).

13. Products for the prevention and treatment of certain illnesses at home (public health and hygiene items made of metal, rubber, textiles and other materials, medical instruments, devices and equipment, oral hygiene products, eyeglass lenses, childcare items and medicines).

14. Toys.

15. Intimate products for adults.

The exception applies only to products in good condition that you want to exchange because you do not like them or they do not fit. It does not allow a shop to refuse a complaint about a defective product. A broken television or phone is covered by the rules on non-conformity, even if it cannot be exchanged simply because you changed your mind.

Example: the phone works, but you no longer like it

You bought a phone from a shop. It works well, but you would have preferred a different colour. Item 12 of the annex explicitly mentions “landline and mobile phones”, so the shop is not required to exchange it. If, however, the phone does not charge, switches itself off or lacks the characteristics stated in the description, you are entitled to the remedies set out in Chapter 3.

If you ordered the phone online, also check your right to withdraw from the contract in Chapter 6. The list in the annex to Law No. 105/2003 applies to exchanges, not withdrawals, which have their own exceptions under Art. 1065 of the Civil Code.

A shop can offer more than the law requires: an exchange for any reason, a refund or a voucher. The law allows sellers to offer consumers more favourable conditions (Art. 24(12)). Read the returns policy before buying and keep a written copy, for example a screenshot of the website or the wording on the receipt. Such a commercial offer cannot take away your statutory rights.

3. The product is defective: what can you ask for?

The seller is liable for “any non-conformity that existed at the time the product was delivered” (Art. 20(1)). In short, a product is non-conforming if it does not comply with the contract: its description, quality, functionality, agreed accessories or the qualities normally expected of products of the same type (Art. 17).

The first step is to bring the product into conformity, free of charge. You can choose between repair and replacement, unless your chosen option is impossible or disproportionate (Art. 20(3)). Disproportionate means it would impose unreasonable costs on the seller compared with the other option, taking into account the product’s value, the significance of the defect and the inconvenience to you (para. 5).

“Free of charge” has a broad meaning. The law includes “postal, transport, handling, diagnostic, expert assessment, dismantling, installation, labour, materials used and packaging costs” (para. 4). Only new parts may be fitted during repairs (para. 9).

Heavy or bulky products. If the product weighs more than 10 kg or its height and circumference together exceed 200 cm, the seller must arrange its transport to the seller, using their own resources, within the locality where the store is located, as well as from the locality where you live. If they do not, you can transport the product yourself, and the seller will reimburse your reasonable expenses upon presentation of supporting documents (Art. 20 para. 4).

Household appliances. For household electrical products, upon a justified request, the seller must provide you with a similar product free of charge within 3 days for the duration of the repair, covering the transport costs (Art. 20 para. 24).

When you can ask for a price reduction or your money back

Under Art. 20 para. (17), you can ask for an appropriate price reduction or a refund by terminating the contract in any of these cases:

• the seller did not complete the repair or replacement, or did not do so under the conditions and within the time limit set by law;

• the seller refused to bring the product into conformity because repair and replacement are impossible or disproportionately costly;

• the same lack of conformity recurs despite the seller's efforts to remedy it;

• the lack of conformity is so serious that it directly justifies a price reduction or immediate termination of the contract;

• the seller stated that they would not remedy the product within a reasonable time or without significant inconvenience to you, or this is clear from the circumstances.

The price reduction is proportional to the decrease in the product's value and is established by agreement between both parties (para. 18). You cannot get your money back by terminating the contract if the lack of conformity is minor, meaning that it does not substantially affect the product's use. However, the burden of proving that the defect is minor lies with the seller, not you (para. 19).

Termination is effected by making a statement to the seller (para. 20). During the warranty period, for defects that are not your fault, the price reduction or refund must be made within no more than 14 calendar days of filing the complaint, or within the time limit specified in the contract (para. 23). If you terminate the contract, you return the product at the seller's expense, and the seller refunds your money upon receiving the product or proof that you have sent it (para. 27).

For second-hand products, you cannot ask for a replacement (para. 16), but the other remedies remain available.

4. How long can a repair take, and what document must you receive

Repair or replacement must be carried out within a reasonable time, agreed in writing by both parties, and without significant inconvenience to you. The time limit cannot exceed 14 calendar days from the date on which you notified the seller of the defect and handed over the product, as recorded in a handover document (Art. 20 para. 8 and Art. 9 letter j).

An extension is a strict exception. Under the same para. (8), the time limit may be extended by no more than 14 days, only with your consent and only for goods whose repair or replacement requires the import of parts or similar products. A simple “please wait a little longer,” without a reason and without your consent, is not a legal extension.

When the seller keeps your product, they must give you “written proof containing identifying details of the seller and the product being held, as well as the time limit for resolving the complaint” (Art. 20 para. 11). Ask for the document to also state:

• the date of handover;

• the reported defect, described in your own words;

• the accessories handed over and the product's external condition;

• the remedy requested: repair or replacement.

Photograph the product and its serial number before handing it over, and keep a signed copy. The time the product spends being repaired extends the warranty period accordingly (Art. 23 para. 12).

Do not confuse the 2 separate 14-day time limits: the one for requesting an exchange of a product in good condition (Art. 26) and the maximum time for repairing a defective product (Art. 20).

5. The legal warranty and the commercial warranty are not the same thing

The legal guarantee of conformity is provided by law and costs nothing. It is the seller's obligation to bring the product into conformity, including through repair, replacement or a refund (Art. 1). A commercial warranty is an additional commitment by the seller or manufacturer, set out in the warranty certificate or in advertising (Art. 1 and Art. 24).

The commercial warranty adds to your legal rights; it does not replace them. The warranty certificate must clearly state that your rights under the law are not affected (Art. 24 para. 4), and clauses agreed before a defect occurs that limit these rights are null and void (para. 9).

The specific time limits are set out in Art. 23:

• 2 years from delivery. The seller is liable for any lack of conformity that existed at delivery and is identified within this period. If the commercial warranty is longer, liability extends for its duration (para. 1).

• Less, if the service life is shorter. For products with a service life of less than 2 years, the time limit is reduced to that service life (para. 2).

• 30 days from the date of sale for products that are not durable goods (para. 3). The law defines “durable goods” as complex technical products made up of parts and subassemblies that can be repaired and maintained (Art. 1).

• At least 1 year for second-hand products. For second-hand products, the seller and consumer may agree on a shorter period than 2 years, but not less than 1 year (para. 4).

• 2 months to report the defect. You must inform the seller no later than 2 months after the date on which you identified the lack of conformity (para. 5).

• Presumption during the first year. A lack of conformity identified during the first year after delivery is presumed to have existed at delivery, unless proven otherwise (para. 6). In practice, you do not have to prove that the defect was “there from the factory.”

• Seasonal products. For footwear, clothing or furs bought before the season, the time limit runs from the start of the season: from 1 October for winter and from 1 April for summer (para. 10).

The warranty does not cover every kind of damage. If the seller claims that the defect arose through your fault, they must prove this through a technical assessment (Art. 25 para. 3; details in Chapter 9). And a separately sold “extended warranty” is a commercial warranty: check exactly what it adds to the 2 years provided by law.

6. You bought online: the right of withdrawal

For distance contracts, such as orders placed online or by phone, and for contracts negotiated away from business premises, the Civil Code gives you the right to withdraw from the contract without citing a defect (Art. 1059).

The time limit. It is 14 days (Art. 1060 para. 1). For the sale of goods, it runs from the day on which you, or a person designated by you other than the courier, take physical possession of the goods. Special rules apply: if a single order includes several goods delivered separately, the time limit runs from receipt of the last item; if goods are delivered in several lots or pieces, it runs from receipt of the last lot or piece; for regular deliveries, it runs from receipt of the first item. You can also withdraw before delivery (para. 2). If you bought several goods under the same contract, withdrawal applies to all of them unless you agreed otherwise with the seller (para. 4).

If the seller did not inform you of your right of withdrawal, the time limit is extended by up to 12 months (Art. 1061).

Not every product viewed online is bought at a distance. If you reserved it online but completed the purchase in a store, what matters is how the contract was actually concluded.

Notice. You can use the standard withdrawal form or any other unequivocal statement (Art. 1062). Send it in writing and keep proof. Do not rely solely on the fact that you did not collect the parcel.

Return. If the seller has not offered to collect the goods, you must send them back “without undue delay and no later than 14 days” from the date on which you informed the seller of your withdrawal. The deadline is met if you send the goods before it expires (Art. 1064 para. 1). This is a second, separate time limit from the one for giving notice.

Who pays for transport. You are responsible only for the direct costs of returning the goods, unless the seller agreed to pay them or did not inform you that you would have to pay them. The seller's administrative, handling or storage costs are not included (Art. 1064 para. 2). Do not confuse this with the return of a defective product, for which you pay no transport costs (Chapter 3).

Money back. The seller refunds all amounts paid, including, where applicable, the delivery cost, without undue delay and no later than 14 days from the date on which they were informed of the withdrawal. The refund is made using the same payment method you used, unless you explicitly agreed otherwise (art. 1057). The seller is not required to refund the additional cost if you explicitly chose a more expensive delivery option than the standard one (art. 1063 para. 1). If the seller did not offer to collect the goods, they may withhold the refund until they receive the product or proof that you sent it, whichever comes first (art. 1063 para. 2).

Can you open the box? Yes. You may handle and inspect the goods as much as necessary to establish their nature, characteristics and functioning, “in the same way as you would be allowed to do in a commercial space”. You are liable only for any decrease in value caused by handling that goes beyond this purpose, and the seller may deduct that decrease from the refund. Damage to the packaging caused by simply opening it does not justify compensation if similar products are usually displayed in the shop without packaging (art. 1064 paras. 4 and 5).

7. Which online purchases cannot be withdrawn from

Article 1065 of the Civil Code exempts the following, among others, from the right of withdrawal:

• goods that are not prefabricated, but are made according to your individual choices, or are clearly personalised;

• goods that may deteriorate or expire rapidly;

• sealed goods that cannot be returned for health protection or hygiene reasons and that you have unsealed;

• goods that, after delivery, are inseparably mixed with other items;

• sealed audio or video recordings and sealed computer software that have been unsealed after delivery;

• newspapers, magazines and other periodical publications, except for subscriptions;

• contracts concluded at a public auction;

• accommodation services for purposes other than residential use, transport of goods, car rental, catering or leisure services, if a specific date or period for performance has been set;

• services that have been fully performed, if performance began with your express consent and you confirmed that you would thereby lose your right of withdrawal;

• digital content not supplied on a tangible medium, if its supply began with your express consent and you confirmed that you would lose your right of withdrawal.

The exception to the right of withdrawal does not mean that the seller is not liable for a defective product.

Example: made-to-order furniture

You ordered a wardrobe online, made to your measurements. If you change your mind after delivery, you cannot withdraw from the contract because the goods were made according to your choices (art. 1065 para. 1(c)). However, if the wardrobe has different dimensions from those agreed, this is a conformity issue. A contract for products made to the consumer’s specifications is still a sales contract within the meaning of Law No. 105/2003 (art. 2 para. 3), so you are entitled to the remedies under art. 20.

8. Which documents and evidence to keep

1. The cash receipt, invoice or other proof of purchase. The seller is required to provide it to you (art. 9(f)).

2. Order confirmation and proof of delivery for online purchases.

3. The warranty certificate, if one was issued.

4. Screenshots showing the product description, price and return conditions.

5. Photos or video recordings of the defect.

6. The complaint and proof that it was received.

7. Handover documents, diagnostic reports, expert assessments and repair records.

For an exchange, the law requires “proof” that you bought the product from that seller, not necessarily the receipt. The purchase date may be established on the basis of the receipt, another document or other means of evidence, including witness statements (art. 23 para. 11). A bank statement shows the payment, but usually not which product was purchased, so keep documents that complement one another.

9. How to write a complaint to the store

During the warranty period, the complaint must first be submitted to the seller, together with a copy of the receipt or another purchase document, including the warranty certificate (art. 25 paras. 1 and 2). The seller is required to receive, register and examine the complaint (art. 9(g)) and resolve it within no more than 14 calendar days from the date you notified them of the defect and handed over the product (art. 9(j)).

If the seller refuses on the grounds that the defect arose through your fault, and you disagree, they must prove this through a technical assessment. The assessment must be carried out by a competent third party authorised under the law or, with your consent and only if no such third party exists or can carry out the assessment within a reasonable time, by a service centre authorised by the manufacturer. Within no more than 14 days of the complaint, the seller must notify you in writing that they have requested an assessment and identify who will carry it out. Otherwise, they are required to grant your request. You may take part in the assessment in person or through a representative (art. 25 paras. 3–5).

The refusal must be given in writing. If the seller does not respond within the time limit, their silence is considered an implied refusal (art. 25 para. 6).

A good complaint separates 3 things: what happened, what evidence supports it and what exactly you are asking for. “I want my money back” is not enough.

Sample complaint for a non-conforming product

To: [seller’s legal name, address]

From: [first name, surname, address, telephone, email]

Complaint regarding product non-conformity

On [date], I purchased from you the following product: [name, model, serial number], for [amount] lei, as shown by the attached [cash receipt / invoice].

On [date], I discovered the following problem: [specific description of the defect].

Pursuant to art. 20 of Law No. 105/2003 on Consumer Protection, I request that the product be [repaired / replaced] free of charge. Please register the complaint, provide me with written proof that you have received the product, stating the resolution time limit, and send me your response in writing within the time limit set by law.

Attached: [copy of receipt, warranty certificate, photos].

Date, signature.

For withdrawal from an online order, the letter is simpler: your details, the order number and date, the date you received the product and a clear statement, for example: “I hereby notify you of my withdrawal from the sales contract for the product [name], ordered on [date], pursuant to art. 1060 of the Civil Code.” You do not have to explain the reason or invent a defect.

If you submit the complaint in person, ask for a copy bearing a registration number or the signature of the person who received it. If you send it, choose a method that preserves proof: registered mail with acknowledgment of receipt or an email to the company’s official address.

10. If the store refuses: where to turn

If you disagree with the seller’s response or have received a refusal, including an implied refusal, you may contact the consumer protection authorities or the court. Attach the seller’s response or, in the case of an implied refusal, proof that you submitted the complaint (art. 25 para. 7).

Non-food products: ISSPNPC. The State Inspectorate for the Supervision of Non-Food Products and Consumer Protection accepts petitions, according to its official page:

• by email, at secretariat@isspnpc.gov.md, only with a qualified electronic signature, for example through the MSign service. Electronic petitions without such a signature will not be examined;

• by post, at the address: MD-2012, mun. Chișinău, 78 Vasile Alecsandri St.;

• at the Inspectorate’s One-Stop Shop, at the same address.

The Inspectorate’s telephone number, according to its contact page, is 022 51 51 51. Under art. 75 para. (1) of the Administrative Code, as quoted by the Inspectorate, a petition must include: your first name and surname, home address (and email address if you want a reply by that means), the name of the authority, the subject and grounds of the petition, and your signature. Attach the complaint to the store, the response received or proof of sending, and the purchase documents.

Food. For food products, inspections are carried out by the National Food Safety Agency (ANSA). For non-compliant food and pharmaceutical products, the law allows you to choose directly between replacement and a refund (art. 20 para. 21).

Financial services. For loans, insurance, payment services and other financial services, the competent authority is the National Commission for Financial Markets (CNPF). From 25 October 2025, under Law No. 189/2025, you must first submit a complaint to the provider, which has 15 working days to respond. Failure to respond within this time limit is considered an implied refusal. Only then can you submit a petition to the CNPF, accompanied by proof of the initial complaint, or take the matter to court.

Court. Contacting an authority does not automatically guarantee that you will recover your money. Depending on the circumstances, a dispute with a trader may be resolved in court under civil procedure.

Before you leave the store

• Do you know the legal identity of the seller—the name on the receipt, not just the name of the social media page?

• Did you receive a receipt or other proof of purchase?

• What features and accessories did you agree on, and where are they recorded?

• Did you receive a warranty certificate, and what does it add beyond the 2 years provided by law?

• How do you report a defect, and where do you hand in the product?

• For online orders: what are the conditions for withdrawal, and how much does return shipping cost?

The most useful rule is not “everything can be returned within 14 days,” but choosing the right remedy: an exchange for a product that is in good condition but does not suit you, a remedy for a defective product, or withdrawal from a distance purchase. Keeping evidence and filing a complaint on time matter just as much as the right you invoke.

The examples in this guide are hypothetical. This text is for informational purposes and does not replace legal advice for a specific case.