Updated last 26.03.2021
Consumer Sale Agreeement
What is a sale contract?
The consumer sale agreement within the meaning of the Consumer Protection Act is a contract, by virtue of which the trader transfers or agrees to transfer the ownership of goods to the consumer, and the consumer pays or agrees to pay the price for such goods, including contracts, concerning goods and services at the same time.
Some key terms in a sale contract are:
- Consumer is every natural person, acquiring goods or using services, which are not intended for the performance of commercial or professional activity and every natural person, which – as a party to a contract under the Consumer Protection Act,acts outside its commercial or professional activity.
- Trader is every natural person or legal entity, who sells or offers for sale goods, provides services or concludes a contract with a consumer as part of his commercial or professional activity in the public or private sector, as well as every person, acting on his behalf and at his expense.
- Consumer goods is every movable material property, with the exception of second-hand items – subject matter of a public sale, when the consumer was able to take part in the sale.
Upon signing of the sale contract, the trader is obliged to ensure the supply of the goods to the consumer. Тhe goods should be handed-over to the consumer within 30 days witout unreasonable delay, unless otherwise provided in the contract. If the trader fails to deliver and hand-over the goods within the agreed period of time or within 30 days, the consumer may request the delivery to be effected by an additionally agreed deadline, depending on the relevant circumstances.
If the delivery cannot be executed by the additionally agreed deadline, the consumer may terminate the contract and request the refunding of the amount paid under the sale contract. Тhe consumer may not provide additional time for the delivery, in the following cases:
- When the trader has refused to deliver the goods; or
- The delivery of the goods within the agreed delivery period is of major significance for the consumer; or
- The consumer has notified the trader, prior to concluding the contract, that it is important that the delivery is executed on a specific date or not later than a specific date.
In case of cancellation/termination of the sale contract, the vendor shall refund to the consumer without any undue delay all amounts, paid under the agreement, and the consumer may claim compensation or indemnity.
What is the significance of the conformity of the goods delivered with the concluded sale contract?
If you are receiving a delivery, you can check the conformity of the goods, delivered to you. Please, keep in mind that the seller is responsible for any non-conformity of the consumer goods with the sale contract, existing at the moment of delivery of the goods or occurring in a period of up to two years after its delivery, even if he had not been aware of such non-conformity. The Seller is responsible for the non-conformity of the consumer goods with the sale agreement and when the goods are assembled or installed by the consumer, but the non-conformity is due to wrong assembly or installation instructions. In order to be in conformity with the sale contract, the consumer goods must:
- Have all the characteristics, established by the contractual parties, and be fit for the usual use, for which the consumer goods of that type are used;
- Meet the description, provided by the seller in the form of a sample or model;
- Be fit for the special use, required by the consumer, provided that she/he has notified the seller of his requirement, when concluding the contract and it was accepted by seller;
- Have all the usual qualities aspects and characteristics of the goods of that type.
Any non-conformity of consumer goods with the sale contract, manifested within 6 months  after the delivery of the goods, is assumed to have existed upon its delivery, unless it is proven that the-conformity is due to the nature of the goods/the non-conformity.
|Important to know|
The consumer cannot dispute the conformity for consumer goods with the sale contract, when:
The consumer shall not be bound by:
- Agreements/contracts, concluded with a seller, waving/limiting seller’s responsibility for the non-conformity of consumer goods with the sale contract;
- Agreements, in which the consumer states that he is aware of the lack of conformity of consumer goods with the sale contract prior to its conclusion, without indicating the nature of the non-conformity (e.g., the transaction will not be valid, if the seller forces the buyer to waive his legal rights).
What is a commercial warranty?
Commercial warranty is any obligation, undertaken by the trader or the manufacturer to the consumer, to refund the amount paid or to replace or repair the goods, or to provide other services, related to the goods, if they fail to meet the specifications or other requirements, not-related to the conformity of the goods to the sale contract.
What are the requirements, applicable to the commercial warranty?
The commercial warranty is provided to the consumer. Тhe statement for the provision of commercial warranty must always contain information on:
- Consumers’ rights, arising from the warranty, as well as that the commercial warranty does not prejudice consumers’ rights in case of non-conformity of the consumer goods to the sale contract (See section“What is the importance of conformity of the goods delivered with the concluded sale agreement?”);
- The contents and scope of the commercial warranty;
- The substantial elements, required for its application, and in particular: the methods of filing claims; period of the commercial warranty; territorial scope of the commercial warranty; name and address of the person, providing the commercial warranty; name and address of the person, to whom the commercial warranty must be submitted, if that person is different from the person, providing the commercial warranty;
- The information must be clear, understandable and readable, and it must be provided in Bulgarian language.
|Important to know|
The consumer may refer to the warranty, even if it does not meet one of the aforementioned requirements.
Claim options (contract cancellation, price discount, product replacement, repairs)
What is a claim?
In case of non-conformity of consumer goods with the sale contract the consumer may file a complaint, requesting the seller to ensure conformity of the goods with the sale contract.
Upon filing a complaint for goods, the consumer may request refunding of the amount paid (contract cancellation), replacement of the product for another product, corresponding to the relevant agreements, a price discount or free-of-charge repairs, unless this is impossible or the selected compensation method is disproportionate , compared to the others.
The consumer may file a complaint for the goods, whether or not the trader has provided commercial warranty for the goods or services.
If the manufacturer or the trader has provided commercial warranty for the goods and the complaint is satisfied through replacement of the goods for others, corresponding to the relevant agreements/contracts, the trader must provide the consumer with the original warranty conditions. For example, if the claim is satisfied through repairing the goods, the performed repairs are reflected in the warranty card and the warranty period is extended with the duration of the repairs.
How to file a claim?
The claim is filed with the trader or an authorized third-party and may be either verbal or written. When filing a claim, the consumer should indicate the subject matter of the claim, the preferred method of satisfying the claim, the claimed amount, respectively, contact details and in all cases – the documents, based on which the claim is initiated:
- Payment receipt or invoice;
- Reports, acts or other documents, evidencing the non-conformity of the goods or services with the agreements/contract;
- Other documents, evidencing the justification and amount of the claim.
The claim for the consumer goods may be filed within two years of the delivery of the goods, not later, however, than two months of discovering the non-conformity with the agreement/contract. This period shall be suspended during the time, necessary for repairing or replacing the consumer goods or for achievement of an agreement between the seller and the consumer, thus settling the dispute.
What are the main rights and obligations of the consumer and the trader?
The consumer goods must be brought into conformity with the sale contract within one month after filing the claim. After the expiration of that period, the consumer may cancel the contract and request refunding of the amount paid or a respective discount on the price of the consumer goods.
The consumer may not request refunding of the amount paid or a discount on the price of the goods, if the trader agrees to replace the consumer goods for new or to repair the respective product within one month of filing the claim.
The trader must satisfy a request for contract cancellation and refund the amount, paid by the consumer, if, after satisfying three claims by the consumer, by repairs of one and the same product within the warranty period, another non-conformity of the goods with the sale contract occurs. It is important to note that a request for contract cancellation cannot be filed, if the non-conformity for consumer goods with the contract is not substantial.
If the trader has provided a commercial warranty of the goods and the period of the warranty is longer than the periods of filing the claim, the claim may be filed by the expiration date of the commercial warranty.
The trader must keep a register of the filed claims. When a complaint is filed, the trader or his authorized representatives should always list such a complaint in the register. The trader issues a document to the consumer, which indicates the date and number of registration of the claim in the register, the type of goods and a signature of the person, who has received the claim.
A template for sample register of claims can be found here.
The acceptance of claims shall take place during the working hours at the shop/site, where the goods were purchased or the service ordered, at the registered office of the trader or another place, specified by the trader. Тhe claim may also be filed at any of the retail sites of the trader in Bulgaria, where similar commercial activity, as the one performed in the original shop/site, where the goods were purchased, is exercised. Тhe right of choice of the place to file the claim is entirely within consumer’s discretion. When the trader satisfies the claim, she/he shall issue a relevant act in two counterparts always providing one to the consumer.
|For more information|
For useful advise regarding online sales, please follow this link.
|Important to know|
|The Law on provision of digital content and digital services and for sale of goods (promulgated SG, issue 21/2021) will enter in effect from 1 January 2022. It will regulate and lay down the requirements regarding the contracts and agreements for sale of goods, executed between sellers and consumers, and more specifically the requirements regarding the goods’ conformity, the remedies for protection of the consumers in case of non-conformity, the manner and conditions for use of these protection remedies and trade warranties. Until the end of 2021 these matters will continue to be regulated by the Consumer Protection Act.|
 With the entry in effect of the Law on provision of digital contents and digital services and for sale of goods from 1 January 2022 the term is changed to 1 year.
 A consumer compensation method is considered excessive/disproportionate, if its use requires expenses for the seller, which – compared to the other method of compensation would be unreasonable. For that assessment, taking into consideration the values of the consumer goods, in the absence of non-conformity, the significance of the non-conformity and the possibility to offer the consumer another method of compensation, not related to significant inconvenience for the consumer.