LGP North Macedonia / News / FREQUENT AGREEMENTS




In times of pandemic conditions, distance contracts and contracts concluded outside the premises of traders, are frequent ways of buying and selling goods and services in order to prevent the spread of the virus COVID - 19. This approach of sales in the Republic of North Macedonia is regulated by Consumer Protection Law (Official Gazette of RSM no. 38/04 ... 140/18), the Trade Law (Official Gazette of RSM no. 16/04 ... 77/21) and the Law on Electronic Commerce (Official Gazette of RNM no. 133/07 ... 31/20). 

According to the legislative in North Macedonia, these agreements are legal acts concluded between a trader and a consumer, without the physical presence of the contracting parties, while using several ways of distance communication,such as: 

  • Phone sales
  • ТV sales
  • Catalog sales
  • Electronic sales
  • Correspondent sales 

The essential elements of these contracts, such as the prior notification / informing of the consumers are separately included in separate article of the Law on Consumer Protection, where every trader is obliged to provide information about their services or products, such as: 

  • Main characteristics of the services and products;
  • The company identity;
  • Company seat, phone number, fax and e-mail;
  • Geographic address, if the company seat is different in case of filing complaints about the products;
  • Total price of the services or the products;
  • Expenses for use the communication tool;
  • Way of payment, delivery and execution;
  • Conditions of withdrawal, deadlines and the procedure;
  • Notification about the expenses for returning the products;
  • Obligation to pay reasonable expanses, if the right of withdrawal is used; 

If these contracts are concluded by electronic means where the consumer is obliged to pay before placing his order, in addition to the above information, the trader is obliged to inform the consumer about the main characteristics of the goods and the total price of the order. Namely, if the sending of the order is through activation of a button or a similar option, the trader is obliged to mark it easily legible with the words: "order with payment obligation" or a notification that is not ambiguous and clearly indicates that the order imposes a payment obligation.