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firms to maintain the same record-keeping in relation to their transac-
tions concluded with the suppliers.
Inertia Selling and Payment by Card
Unlike the Former Regulation, provisions on inertia selling and
payment by card have not been included in the New Regulation. Inertia
selling is regulated under Article 7 of the Law in a broad scope, and in
such a way so as to include all consumer transactions. The said article
exempts the consumer from the provision of any consideration in cases
of unsolicited supply, the absence of a response, or the use of the goods
or services not constituting consent for the conclusion of a contract;
whereas, under the Former Regulation, use by the consumer was
deemed to be consent.
The omission of the provision on payment by card is due to the fact
that the Law foresees issuance of a specific regulation for payment by
card.
Evaluation
While e-commerce is playing a larger part in consumers’ daily
lives day by day, the New Regulation aims to ensure that consumers
are fully aware of their rights prior to the conclusion of distance con-
tracts, especially in terms of the right of withdrawal. It strengthens
consumers’ positions by placing the suppliers under the burden of
proof with respect to prior information, and setting forth specific sanc-
tions for failure to inform consumers. It extends the time constraints
relating to the exercise of the right of withdrawal, and shortens the
period for the performance of the contract. It should be also stated that
the New Regulation is considerably compatible with the current
European Union legislation in terms of consumer protection.
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