The e-commerce market in Moldova is experiencing a boom. Entering marketplaces or launching an online store seems like a simple step, but from a legal perspective, it is a fully-fledged business activity regulated by strict norms.
Many entrepreneurs ignore the requirements of the Law on Electronic Commerce (No. 284/2004) and the Law on Consumer Protection, leading to fines from the State Inspectorate for Supervision of Non-Food Products and Consumer Protection (ISSPNPC).
1. Public Offer: Your Main Contract
A website or social media page listing products and prices is legally a "storefront." You are obligated to publish a "Terms and Conditions" document (Public Offer), which the customer accepts at the moment of ordering.
What the offer must strictly contain:
- Full legal details of the seller (IDNO, legal address);
- Clear description of the ordering and payment process;
- Delivery terms and, critically, the product return procedure;
- Personal data processing policy (GDPR).
2. Right of Return: The 14-Day Rule
According to Law No. 105/2003, regarding distance selling, the buyer has the right to return a product of proper quality within 14 days without providing reasons.
Important nuance: If you have not informed the buyer of this right in writing (e.g., in the receipt or offer), the return period is automatically extended to 12 months.
Exceptions include digital content (if downloading has started), perishable goods, and custom-made items.
3. Social Media Trade and Dropshipping
Trading via Instagram ("price in DM") without registering a legal form constitutes illegal entrepreneurial activity. Even for reselling goods from marketplaces like AliExpress, it is necessary to:
- Register a form of activity (LLC or Independent Activity);
- Issue a fiscal receipt (electronic e-Bon is permitted);
- Ensure warranty obligations to the Moldovan buyer, even if the supplier is in China.
4. Electronic Payments
Accepting payments on a personal card (P2P) for commercial goods is prohibited by tax legislation. It is necessary to connect internet acquiring services or use corporate wallets integrated with the e-Factura system.
Lawyer's Summary
Transparency is the best protection. Having a correct public offer and adhering to return deadlines reduces the risk of consumer extremism and inspections by supervisory authorities.