The seller must deliver goods which are in conformity with the contract of sale to the consumer.

The seller is liable to the consumer for any lack of conformity which exists at the time when the consumer goods are delivered or becomes apparent within 2 years as from the delivery of the goods, even if the seller was not aware of the lack of conformity.

Conformity of consumer goods with the contract of sale

To be in conformity with the contract of sale, consumer goods must:

1. possess the qualities set out by the parties to the contract and be fit for the purposes for which goods of the same type are normally used;

2. comply with the description given by the seller as a sample or model;

3. be fit for any particular purpose for which the consumer requires them and which they made known to the seller at the time of conclusion of the contract and which the seller has accepted;

4. show the quality and performance which are normal in goods of the same type, and which the consumer can reasonably expect, given the nature of the goods and taking into account any public statements regarding the specific characteristics of the goods made about them by the seller, the producer or its representative, particularly in advertising or on labelling.

Any lack of conformity of the consumer goods with the contract of sale which becomes apparent within 6 months of delivery of the goods is presumed to have existed at the time of delivery unless it is proved that the lack of conformity is due to the nature of the goods or the nature of the lack of conformity.

The consumer cannot challenge the conformity of the consumer goods with the contract of sale where:

1. on the date when the contract was concluded, the consumer was aware, or could not reasonably be unaware of, the lack of conformity;

2. the lack of conformity has its origin in materials supplied by the consumer.

Lack of conformity of consumer goods with the contract of sale

The seller may be held liable for any lack of conformity of the consumer goods with the contract of sale resulting from incorrect installation of the consumer goods if the contract provides for installation of the goods by the seller or under its responsibility.

The seller may also be held liable for any lack of conformity of the consumer goods with the contract of sale if the goods are installed by the consumer and the lack of conformity is due to a shortcoming in the installation instructions.

In the event of a lack of conformity of the consumer goods with the contract of sale, the consumer is entitled to make a claim by requiring that the seller bring the goods into conformity with this contract of sale. In this case, the consumer may choose between having the goods repaired or replaced, unless this is impossible or the chosen remedy is disproportionate.

Bringing goods into conformity with the contract of sale

Where consumer goods do not comply with the contract of sale, the seller is obliged to bring them into conformity with the contract of sale.

Consumer goods must be brought into conformity with the contract of sale no later than 1 month after the consumer has made the claim.

After the expiry of the 1-month period, the consumer is entitled to terminate the contract and be reimbursed the amount paid or to request a reduction in the price of the consumer goods.

Bringing the consumer goods into conformity with the contract of sale is free of charge for the consumer. The consumer must not incur any costs for dispatching the consumer goods or the labour and material costs, and must not suffer significant inconvenience.

The consumer may also claim compensation for damages suffered as a result of the lack of compliance.

Where the consumer goods are not in conformity with the contract of sale and where the consumer is not satisfied with the resolution of their claim, they have the right to choose one of the following options:

1. termination of the contract and reimbursement of the amount paid;

2. reduction in the price.

Where the trader has agreed to replace the consumer goods or repair them within 1 month after the complaint was made, the consumer is not entitled to claim reimbursement of the amount paid or a reduction in the price of the goods.

The trader must satisfy a request to terminate the contract and reimburse the amount paid where, after the trader has acted on three claims by the consumer for repairing the same goods, another lack of conformity of the goods with the contract of sale is detected within the span of the 2-year period above.

A commercial guarantee means any undertaking by the trader or producer to the consumer, in addition to its legal obligation relating to the guarantee of conformity of the goods with the contract of sale, to reimburse the price paid or to replace, repair or service the goods in any other way if they do not meet the specifications or any other requirements not relating to the conformity of the goods with the contract of sale.

A commercial guarantee is binding on the person providing it under the conditions laid down in the commercial guarantee statement and the associated advertising. The fulfilment of the obligations assumed by the trader within the framework of the commercial guarantee does not entail costs for the consumer.

A consumer guarantee is made available to the consumer in writing or in another durable medium available and accessible to them.

Validity period of the guarantee

Consumers may exercise their right to make a claim and request the repair of any malfunctions within 2 years of the delivery of the consumer goods.

This period does not run during the time necessary for the repair or replacement of the consumer goods, or for the time necessary for the seller and the consumer to settle any disputes.

A seller liable for the lack of conformity of the consumer goods is entitled to claim damages from the person that caused the lack of conformity where the seller has direct or indirect contractual relations with this person, or against the producer, where the latter is responsible for the lack of conformity of the goods. Any contractual provision that limits or precludes the rights of the trader stated above is necessarily null and void.

Commercial guarantee statement

A commercial guarantee statement must include information concerning:

1. consumer rights: it must state clearly that the commercial guarantee does not affect consumer rights, more specifically that the seller is liable for any lack of conformity of the consumer goods with the contract of sale without prejudice to the commercial guarantee;

2. the content and scope of the commercial guarantee;

3. the essential elements necessary for its use, in particular: the methods of making claims; the validity period of the commercial guarantee; the territories in which the commercial guarantee is recognised; the name and address of the person providing the commercial guarantee and the name and address of the person before which a claim under the commercial guarantee may be made, where the latter is not the same person as the former.

Where the commercial guarantee is provided by a producer not represented in the territory of Bulgaria and the commercial guarantee statement lacks information on consumer rights, this information must be provided to consumers by the relevant seller(s) in an appropriate manner.

All information included in the commercial guarantee statement must be clear, readily understood and easy to read. The information must be provided in Bulgarian.

Consumers are entitled to make claims with respect to any lack of conformity of their goods (including second-hand goods) with the contract of sale in the event that they identify a lack of conformity with the contract of sale upon delivery or initial inspection, or during the storage, installation, testing or operation of the goods.

Consumers are entitled to make claims with respect to goods or services regardless of whether the producer or trader has provided a commercial guarantee for these.

Where the producer or trader has indeed provided a commercial guarantee for the goods and acts on the claim by replacing them with goods that correspond to the contract of sale, the trader must adhere to the terms set out in the commercial guarantee provided to the consumer. Where a claim is made and repairs of the goods prove necessary, the completed repairs are detailed in the guarantee statement and the repair period is added to the validity period of the guarantee.

Making a claim

A claim may be submitted to the trader or to a person authorised by the trader either in writing or orally.

When drafting a claim, the consumer must specify its subject, the manner in which they wish to see the claim satisfied or, respectively, the amount claimed as compensation and their contact address.

When submitting a complaint, the consumer must enclose the following specific supporting documents with it:

1. a receipt or invoice;

2. written statements, memoranda or other documents establishing the lack of conformity of the goods or services with the contract of sale;

3.other documents setting out the grounds for the claim and its amount.

Period for making a claim

Claims in respect of consumer goods may be made no later than 2 years after the time of delivery of the goods and certainly no later than 2 months after a lack of conformity with the contract of sale has been established. Claims in respect of services may be made no later than 14 days after the lack of conformity of the service with the contract of sale has been established.

This period does not run during the time necessary for the repair of the consumer goods or for the time necessary for the seller and the consumer to settle any disputes.

If the trader has provided a commercial guarantee for the goods and the validity period of the guarantee is longer than the period for making the claim, the claim may be made within the validity period of the commercial guarantee.

Trader obligations where a claim is made

Where a claim is made in a timely fashion, the trader or a person authorised by it is under an obligation to handle it.

The trader must keep a register of the claims made to it and to the persons authorised by it.

Where a claim has been made, the trader or a person authorised by it must enter the details relating to the claim in the register and issue the consumer with a document stating the date, the claim’s reference number in the register and the type of goods. The document must also bear the signature of the person handling the claim.

Claims may be handled during the entirety of the working hours of the sales outlet at which the goods have been purchased or from which they were ordered. They may also be handled at the registered office of the trader or another place designated by it. In addition, a claim may be made at any of the trader’s sales outlets in the territory of Bulgaria whose commercial activity is similar to that of the outlet at which the goods were purchased. The consumer is fully entitled to choose the place at which they wish to make claim.

Where the trader grants a claim, it must issue a statement to that effect. The statement is drawn up in duplicate and one copy of it remains with the consumer.

Resolution of disputes between consumers and traders

The European Consumer Centre, an organisation reporting to the Bulgarian Consumer Protection Commission, is tasked with assisting consumers in the event of any disputes that may arise between them and traders owing to the implementation of Regulation (EU) 2018/302 of the European Parliament and of the Council of 28 February 2018 on addressing unjustified geo-blocking and other forms of discrimination based on customers’ nationality, place of residence or place of establishment within the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC’.

Key concepts

Product means all movables, even though incorporated into another movable or into an immovable, including the following agricultural products and raw materials which have not undergone initial processing or treatment: products of the soil, products and raw materials derived from stock-farming, hunting and fishing. Electricity is also considered a product.

Producer means the manufacturer of a finished product, the producer of any raw material or the manufacturer of a component part and any person who, by putting its name, trade mark or other distinguishing feature on the product presents itself as its producer.
Any person who imports into the European Union a product for sale, hire, leasing or any form of distribution across the European Union in the course of its business is deemed to be a producer.

A distributor or trader means any person that is not the producer and puts a product into circulation.. A product is put into circulation when the producer has handed it over voluntarily. A product may only be put into circulation once.

Compensation and types of damage

Compensation may be claimed for damage causing:

1. death or personal injuries to a natural person;

2. damage to, or destruction of, any item of property other than the defective product itself, with a lower threshold of BGN 1 000, provided that the item of property is ordinarily intended for private use and was used in line with its intended purpose by the injured person.

Defective products

A product is defective when it does not provide the safety which a person is entitled to expect, taking all circumstances relating to the following into account:

1. the presentation of the product with respect to the following parameters: quality, quantity, name, type, composition, origin, durability, distinctive features, normal and possible use of the product, product advertising and the information provided in this advertising; and

2. the date when the product was put into circulation.

A product cannot be considered defective for the sole reason that a better product is subsequently put into circulation.

Producer liability

The producer is liable for damage caused by a defect in its product, regardless of whether or not it caused the defect. The producer is liable for the defect even where the product was produced in compliance with existing standards and good practices or was put into circulation following a decision by an administrative authority.

Where the producer or importer of the product into the European Union cannot be identified, all distributors or traders of the product are held liable.
The distributor or trader cannot have the injured person hold another person outside the Republic of Bulgaria liable.

Where two or more persons are liable for the same damage, they are jointly and severally liable.

In the event of damage caused by a defective product incorporated into another product, the producer of the component part and the person that installed it are jointly and severally liable.

The producer cannot be held liable where it is proved:

1. that it did not put the product into circulation; or

2. that, having regard to the circumstances, it is probable that the defect which caused the damage did not exist on the date when it put the product into circulation or that this defect came into being afterwards; or

3. that the product was neither manufactured by it for sale or any form of distribution for an economic purpose or manufactured or distributed by it in the course of its business; or

4. that the defect is due to compliance of the product with mandatory regulations issued by the public authorities; or

5. that the state of scientific and technical knowledge at the date when it put the product into circulation was not such as to enable the existence of the defect to be discovered.

Disallowance or reduction of producer liability

The liability of the producer may be disallowed or reduced when the damage is caused both by a defect in the product and by a fault of the injured person or any person for whom the injured person is responsible.

The liability of the producer may not be reduced when the damage is caused both by a defect in the product and by an act or omission of a third party.

Action for damage

An action for damage caused by a defective product may be brought no later than 3 years after the date on which the applicant became or was to become aware of this damage, the defect and the identity of the producer.

Once the action is brought before the court, the burden of proof with respect to the damage, the defect and the cause-and-effect relationship that obtains between these rests on the applicant. The action is brought either before the court responsible for the territory in which the producer’s seat / registered office is located or the applicant has their current address.

It is the relevant district court that has jurisdiction.

Where other persons have also suffered damage due to a particular defective product, a ‘collective action’ may be brought. Importantly, collective actions are brought before provincial courts. A consumer’s entitlement to compensation for damages lapses 10 years after the date on which the producer put the product that caused the damage into circulation.

The alternative resolution of disputes arising between consumers and traders constitutes an out-of-court conciliation procedure in which parties participate on a voluntary basis. Dedicated conciliation committees provide alternative resolution of disputes services.

These conciliation committees may be sectoral or general, depending on the subject matter that they handle and the region in which they operate.

Main advantages:

- Аlternative resolution of disputes does not entail costs for the parties. The only fees payable are those for representation, expert reports, expert translation/interpretation, etc., but none of these are mandatory;

- Аlternative resolution of disputes procedures are concluded promptly, i.e. within 90 days, with a conciliation proposal.

An alternative resolution of disputes procedure begins after an application has been submitted using one of the following channels:

- the Conciliation Committee section on the website of the Consumer Protection Commission;

- by fax, post or in person at the head office of the Consumer Protection Commission or one of its local offices;

 - the Online Dispute Resolution (ODR) platform.

Where a dispute is dealt with by a general conciliation committee, the conciliation procedure takes place at the committee in whose territory the consumer has their permanent address.

Conciliation procedures falling within the scope of sectoral conciliation committees take place in Sofia. Where an application is submitted by a consumer who does not have their permanent address in the Republic of Bulgaria or is received via the ODR platform, the conciliation procedure takes place in Sofia.

The parties to a dispute are not required to be present since conciliation committees deal with disputes during in camera meetings and on the basis of documents, evidence, expert reports and opinions provided by the parties. Where strictly necessary, the relevant general or sectoral conciliation committee may require the parties to be heard with a view to clarifying facts and circumstances of significance to the proper resolution of the dispute.

A dispute is dealt with on the merits no later than 90 days after the periods for receiving all documents and observations and conducting the inquiry have elapsed. For cases of factual or legal complexity, the period above may be extended by 20 working days.

No later than 2 weeks after it has examined the substance of a dispute, the relevant conciliation committee draws up and adopts a conciliation proposal, which it then sends to the parties.

Each party to the dispute is entitled to receive the proposal and to either accept or reject it. The proposal is considered formally accepted when a written statement to that effect is sent to the relevant general or sectoral conciliation committee within 10 days of the proposal’s receipt. Where both parties accept a proposal, it becomes binding on them.

Disputes for which a conciliation proposal has been drawn up are not re-examined, regardless of whether the parties have accepted the proposal.