Determining and updating the general terms and conditions in a contract
 

The general terms and conditions are previously specified contractual conditions for multiple contracts, which one party proposes to the other, when signing a contract.

 

Who drafts and who accepts the general terms and conditions?

The general terms and conditions are unilaterally drafted clauses, proposed by the trader/supplier when signing multiple similar (template) contracts with different persons and become mandatory, only if accepted in writing by the buyer/consumer.

 

What are the main characteristics of the general terms and conditions?

The establishment of the general terms and conditions must precede the signing of the contract, since these are the conditions, applicable to many potential future proposals for signing a contract. Тhe general terms and conditions refer to similar contracts and contain clauses with abstract wording, which do not apply to the specific features of the subject matter of the contract, but rather to the typical characteristics of the contract, including the subject matters of all the contracts of the respective type.

 

What are the contents of the general terms and conditions for E-commerce?

The strict contents of the general terms and conditions are not legally regulated, as art. 9 of the Electronic Commerce Act (ECA) stipulates that the service provider must provide the service beneficiary, with the general terms and conditions and the content of the contract in a manner, allowing their storage and reproduction.

Yet, the Commission for Consumer Protection with the support of the Bulgarian Web Association have prepared a template of general terms and conditions for the provision of online services. Тhe relevant information can be found here.

 

How are the general terms and conditions accepted?

When concluding a contract, based on general terms and conditions with a consumer, the general terms and conditions bind the consumer, only if these have been provided and he has agreed to them:

  • Consumer's consent to the general terms and conditions is evidenced by his signature.
  • The trader must provide the consumer with a copy of the general terms and conditions, signed by the trader.
  • The burden of proof for consumer’s consent to the general terms and conditions and their receipt, when signing the contract, shall lie with the trader.
  • The clause for the acceptance of the general terms and conditions of the contract and declaring that these have been received by consumer, included in the individual contracts, is not a proof of the actual acceptance of the general terms and conditions and the receipt of a copy by the consumer.

The terms and conditions also apply for e-commerce.

 

How are the general terms and conditions updated?

The trader must notify the consumer of any amendment to the general terms and conditions under the contract signed, within 7 days, after the occurrence of such an amendment, at the specified telephone number, email or mailing address.

This gives rise to the options that, if the consumer disagrees to the amendments to the general terms and conditions, she/he may withdraw from the contract, without citing any specific reason and without having to pay any compensation or indemnity, or to continue to be bound by and perform the contract, under the general terms and conditions, applicable prior to the amendment.

In order to exercise his right to withdraw from the contract, the consumer must send to the trader a written notice within one month after receipt of message from the trader.

 

Important to know

Important to know
The consumer cannot withdraw from the contract, when the amendment to the general terms and conditions is the result of an order or ruling of the competent authorities.

 

The amendments to the general terms and conditions are considered valid, when the consumer has been duly notified thereof and has failed to exercise his right to withdraw from the contract.

The trader is obliged to establish the fact of notification of the consumer of the amendment to the general terms and conditions (e.g., receipt of delivery of the letter, confirmation of the delivery of an electronic document, etc.).

 

For more information

For more information

For more information, please visit the website of the Commission for Consumer Protection.

 

Related documents
 
 
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8, Slavyanska Str., Sofia 1052, Bulgaria
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phone: +359 2 940 7001

fax: +359 2 987 2190
 
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