Guarantees and returns – Bulgaria
Affected by Brexit?
How long is the legal guarantee for new and second-hand goods?
The duration is 2 years for new and second-hand goods.
If the product is defective, who is responsible for putting things right?
The seller, even for purchases made through an internet platform. However, the platform may have agreed to act as an intermediary so check the terms and conditions.
By when must the consumer notify the seller of a defect?
The consumer has 2 months in which to notify the seller of a defect in a product.
Who has to prove the presence/absence of a defect and how long do they have to do this?
The seller must prove that the item was not defective for the first 6 months after the delivery of the product ("reversal of burden of proof"). After this time the consumer must prove that it was defective.
Is there a third party testing body that can help to provide proof?
The consumer can ask a repair shop for an expert opinion, but it might not be accepted by the seller. In the event of a court procedure, the judge may accept the opinion of the consumer's expert or ask for an independent expert opinion.
What remedies is the consumer entitled to free of charge? Is there a deadline for implementing the solution?
There is a "hierarchy of remedies":
- Firstly, repair or replacement according to the consumer's wishes - free of charge
- Secondly, refund or reduction of the purchase price, if the seller does not grant the one-month legal deadline of the application of the guarantee.
Is the repaired/replaced product covered by a new guarantee?
No, the legal guarantee is extended by the amount of time necessary for the repair or replacement of the product.
Can the consumer take action against the importer or any intermediary in the supply chain up to and including the producer?
No, the consumer cannot make a claim against the importer or any other intermediary.
If no amicable solution can be found, what is the deadline for taking the case to court?
The prescription period is 2 years from delivery of the goods, unless there is a suspension of the statutory limitation period.
Are any other legal guarantees laid down in national law coexisting with the legal conformity guarantee?
There is a guarantee for construction work for between 5 and 10 years.
Who is responsible for application of the warranty?
The party offering the warranty, be it the seller, the producer or a third party guarantor. Always refer to the documentation provided.
On average, how long is a commercial warranty?
1 to 5 years, but it depends on the kind of product concerned. More expensive goods usually have a longer warranty which often applies to specific parts of the product.
Is it free of charge?
Not necessarily. The trader can fix the conditions, so it can be free of charge or offered against payment.
Does it have to be confirmed in writing?
The seller has to provide the commercial warranty in a written document or in a durable and accessible format.
What information is required?
The content of the warranty, including all essential elements such as duration, price and geographical coverage, details of the company offering it and a reminder of the legal guarantee.