Gersim Denies Liability for Product It Imports and Distributes
My Xiaomi Mi 11 Lite 5G EEA phone, purchased from Vodafone Romania, had lower specifications than advertised. Gersim, as the official Xiaomi importer in Romania , denied any responsibility , stating that it does not deal with end consumers, despite the Consumer Code and European directives imposing specific obligations on those who place the product on the market.
🔍 Documented violations :
Directive 2019/771/EU, art. 4-6: importers are jointly liable for the conformity of the goods.
Violation of the Romanian Consumer Code (art. 16-20) and European regulations on distribution chain liability.
Violation of Directive 2005/29/EC : refusal of assistance without legal basis = unfair and aggressive behaviour .
⚖️ EU case law in support :
C-32/12, Duarte Hueros: even those who are not the direct seller may be responsible for remedies in the event of defects.
Court of Justice, C-497/13 (Froukje Faber): the consumer has the right to assert discrepancies against any actor in the commercial chain.
Gersim acts as an official importer only for commercial advantages, but refuses any obligation under European law. Serious incorrectness.