Online Shopping Practices

Online shopping is part of the everyday life of more and more users. In this type of trade, a contract for the purchase and sale of goods or services from a distance is concluded, which are maintained by persons other than the trader.

The following commercial transactions, or contracts for them, are not considered distance sales: a commercial service performed at the commercial site; a reservation via the Internet or telephone; cases in which the customer has used a website with information about the trader and the goods offered by him; commercial services concluded via email.

 

When purchasing a product or service online by an individual, his rights depend entirely on his personal agreement with the seller.
Before the purchase, the customer has the right to request and receive the following information:

name and address of the seller;

main characteristics of the goods or service;

price of the goods or service with taxes and fees included in it;

delivery costs;

validity period of the offer;

terms of payment, delivery, performance;

date of delivery of the goods or performance of the service;

methods for considering complaints and claims;

possibility of canceling the order.

 

The Consumer Protection Act / ZP / introduces the obligation in Bulgaria that the information in contracts provided on online sales sites and other methods of distance trading be in Bulgarian. A clause for the choice of applicable law other than Bulgarian law could not circumvent this obligation, as in this way the consumer would be deprived of the protection granted to him by the law of the country in which he lives or resides.

 

The law distinguishes between contractual and pre-contractual information, as described in detail in the provisions of Directive 2011 / 83 / EU on consumer rights. This information must be provided by the trader when making an offer. The law does not specify whether pre-contractual information for sales aimed at Bulgarian consumers must always be in Bulgarian.

 

The customer has the right to cancel the order within 14 days from the moment of concluding a purchase or service contract. In these circumstances, he does not owe any compensation, penalties or other costs except for those incurred for returning the goods. The customer must be informed of this right by the trader. In case the trader fails to inform the customer, the period within which the latter may withdraw from the contract is extended to one year and fourteen days. The seller is obliged to return the money within 14 days, using the payment method used by the customer for the initial transaction.
The withdrawal from a purchase or service is inadmissible in the following cases:

 

when the service is provided after confirmation by the consumer;

in the case of the delivery of goods or services whose price depends on fluctuations in the financial market even if the price changes occur within the period for exercising the right to withdraw from the service;

for the delivery of goods made to order by the consumer according to his individual requirements;

for the delivery of goods which, due to their nature, may deteriorate in quality or have a short shelf life;

in the case of the delivery of packaged goods which have been unsealed after delivery and cannot be returned for hygiene reasons or for the purpose of protecting the health of consumers;

in the case of the delivery of goods which, after being delivered, due to their nature have been mixed with other goods from which they cannot be separated. separated;

in the case of the supply of alcoholic beverages, the price of which is agreed upon at the conclusion of the sales contract, where the delivery can be made within a period not earlier than 30 days from the conclusion of the contract and the actual value of which depends on market fluctuations;

when the consumer has explicitly requested the trader to visit him at his home in order to carry out urgent repair or maintenance work. It is important to bear in mind the following: where the trader provides additional services other than those requested by the consumer, or spare parts other than those necessary for carrying out the repair or maintenance, the right of withdrawal applies to the additional services or spare parts;

in the case of the supply of sealed sound or video recordings or sealed computer software that have been unsealed afterdelivery;

in the delivery of newspapers, periodicals or magazines, with the exception of a subscription contract for the delivery of such;

for goods and services concluded during a public auction;

in the provision of accommodation services that are not for the purpose of living, transport of goods, car rental, catering services or the provision of services related to entertainment activities, if the contract provides for specific dates or a period for performance;

in the provision of digital content that is not delivered on a tangible medium, when the performance has begun with the express consent of the consumer, who has confirmed that he knows that in this way he will lose his right of withdrawal.

 

You can exercise your right of complaint in the event of any problems. Complaints can be made within 2 years from the date of purchase, but not after – later than 2 months from the discovery of the defect or lack of conformity. There is a presumption that defects that appeared within 6 months from the date of delivery of the goods existed at the time of their purchase – i.e. the seller is the one who must prove the opposite.

 

The above information applies only to professional traders, but not to private individuals selling personal items on auction sites. When shopping, for example, on Ebay, you cannot demand compliance with your consumer rights or seek protection in the same way.

 

This article examines some aspects of the topic and does not represent full analysis of the problem. 

Author: Petya Stoevska, Dr. Sc