Law Amending And Supplementing The Law On Consumer Protection

Original Language Title: Закон за изменение и допълнение на Закона за защита на потребителите

Read the untranslated law here: http://parliament.bg/bg/laws/ID/14654/

Name of law law amending and supplementing the law on consumer protection bill name a bill amending and supplementing the law on consumer protection adopted 10/07/2014 number/year Official Gazette 61/2014 Decree No 178

On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria

I DECLARE:

To be published in the Official Gazette the law amending and supplementing the law on consumer protection adopted by the HLIÌ National Assembly on 10 July 2014.

Issued in Sofia on 23 July 2014.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice: Zinaida Zlatanova

LAW

to amend the Consumer Protection Act (promulgated, SG. 99 of 2005; amend., SG. 30, 51, 53, 59, 105 and 108 of 2006, issue 31, 41, 59 and 64 of 2007 and 36/102 by 2008, issue 23, 42 and 82 from 2009, issue 15, 18 and 97 from 2010. , PC. 18 of 2011, issue. 38 and 56 by 2012 and St. 15, 27 and 30 of 2013)

§ 1. Article 4 is amended as follows:

"Art. 4. (1) before the consumer is bound by a contract or by a proposal for concluding a contract other than a contract from a distance or off-premises contract, the trader shall provide the consumer, in a clear and comprehensible manner, the following information, unless it is clear from the context or of the nature and character of the product or service:

1. main characteristics of the goods or services in accordance with the means of communication and the nature of the goods or services, including information on the composition, packaging and instructions for use, maintenance and fittings;

2. the merchant's name, seat and address of management, his telephone number, and email address and website, if any;

3. the final price of the goods or services including all taxes and fees, or where because of the nature of the goods or services the price cannot be calculated in advance within reasonable limits — the way of its calculation; where applicable, the final price of goods or services shall include all additional costs for transportation, delivery or postal charges, and when these costs cannot be calculated in advance in reasonable limits, stating the fact that such additional charges may be payable;

4. where applicable, indicate the conditions for payment, delivery, performance, the date on which the trader undertakes to deliver the goods or perform the service provided by the merchant, and ways of dealing with complaints;

5. reminder of the availability of legal guarantee of conformity of the goods with the contract of sale and, where applicable, for the presence of post-warranty service and commercial guarantees, if such are submitted and any conditions on them;

6. the term of the contract, where applicable, or in the event that the contract is open ended or it is provided for automatic renewal clause and the conditions for its termination;

7. where applicable, indicate the functionality, including the applicable measures for the technical protection of digital content;

8. where applicable, indicate any relevant interoperability of digital content with certain types of hardware and software, which are known to the seller or that can reasonably be expected to have known him;

9. availability of the goods or service;

10. the dangers associated with normal use, use, or maintenance of the goods or service;

11. terms of use of the good or service, the impact it has on other goods and services in the event of joint use or use;

12. shelf life of the product-where applicable.

(2) the information referred to in para. 1 is an integral part of the contract.

(3) the burden of proof for compliance with the obligation to provide information under para. 1 rests with the trader.

(4) the provisions of para. 1 shall also apply to contracts for the supply of water, gas or electricity, when these goods are offered for sale, packed in a limited volume or a certain quantity, as well as contracts for heating and for digital content, which is not delivered on a physical medium. "

§ 2. In art. 5, al. 2, after the word "full" shall be inserted "legible, clear".

§ 3. In art. 19, para. 4, the words "in the commercial site the announced selling" are replaced by "selling".

§ 4. In chapter IV, title of section I shall be replaced by the following: "off-premises Contracts and contracts from a distance".

§ 5. Article 43 shall be amended as follows:

"Art. 43. the provisions of this section are intended to ensure the protection of consumers in the conclusion of contracts away from business premises and distance contracts. "

§ 6. Article 44 is amended as follows:

"Art. 44. e off-premises Contract any contract between a merchant and a consumer:

1. awarded in simultaneous physical presence of the trader and the consumer at a place other than the premises of the trader;

2. where the user has made a proposal to conclude a contract under the same conditions as those referred to in item 1;

3. concluded in the trader's premises or through the use of means of distance communication, immediately after he made a personal and individual contact with the user at a place other than the premises of the trader, when simultaneous physical presence of the trader and the consumer;

4. the contract during a trip organized by the merchant for the purpose or effect of the sale or promotion of goods or services to the consumer. "

§ 7. Article 45 shall be replaced by the following:

"Art. 45. e distance contract: any contract concluded between a trader and a consumer as part of an organised system for the distance selling or providing services at a distance without the simultaneous physical presence of the trader and the consumer, through the exclusive use of one or more means of distance communication up to the conclusion of the Treaty, including at the time of conclusion of the contract. "

§ 8. Article 46 shall be amended as follows:

"Art. 46. the provisions of art. 4 of this section shall not apply to contracts:

1. for social services, including social housing, childcare and support of families and persons permanently or temporarily in need, including providing assistance in long-term care;

2. the health services provided by health professionals to patients in order to assess, maintain or restore their State of health, including the Administration, the implementation of medical regulations and the provision of medicinal products and medical devices;

3. gambling activities that involve bets with material value in games of chance, lotteries, games in casinos and betting transactions;

4. for financial services;

5. the acquisition or transfer of immovable property or for the establishment, acquisition or transfer of restricted real rights over immovable property;

6. for the construction of new buildings, major reconstruction of existing buildings and renting homes for residential use;

7. for travel with total price;

8. for the timeshare right to use property, contracts for long-term holiday products, resale and exchange contracts and;

9. the person performing public functions, which by law is required to be independent and impartial and providing comprehensive legal information, ensure that the user enters into the contract after careful consideration and after he met with his legal character and significance;

10. for the supply of foodstuffs, beverages or other goods for current consumption in the household, which are delivered by the salesperson at frequent and regular supplies to home, dwelling or workplace;

11. Services for the carriage of passengers, with the exception of the provisions of art. 49, para. 2, art. 62 and 62 in (e);

12. concluded by automatic vending machines or automated commercial premises;

13. concluded with telecommunications operators through public telephones for the use of these phones, or concluded for the purposes of a single user connecting by phone, Internet or fax. "

§ 9. Article 47 shall be amended as follows:

"Art. 47. (1) before the consumer is bound by a contract from a distance or off-premises contract, or of such a proposal on the conclusion of the contract, the trader shall provide the consumer, in a clear and comprehensible manner, the following information:

1. main characteristics of the goods or services in accordance with the means of communication and the nature of the goods or services;

2. name of the trader;

3. seat and address of management of the merchant, his telephone number, as well as his e-mail address and website, if any, for the user to make contact quickly and to communicate effectively with the merchant; where applicable, indicate the name/the name of the merchant, the seat and address of management, on whose behalf he is acting;

4. the address of the place where the trader carries on his business, and when applicable, the address of the place where the trader on whose behalf he operates, carries on its business activities, of which the user may send any complaints – where the registered office and Head Office of the merchant do not match with those referred to in paragraph 3;


5. the final price of the goods or services including all taxes and fees, or where because of the nature of the goods or services the price cannot be calculated in advance within reasonable limits — the way of its calculation; where applicable, the final price of goods or services shall include all additional costs for transportation, delivery or postal charges, and when these costs cannot be calculated in advance in reasonable limits, stating the fact that such additional charges may be payable; in the case of an open-ended contract or a contract containing the subscription, the price shall include all costs for the invoice period; When these contracts provide for billing at the fixed tariff in the final price include all monthly expenses; When the total amount of costs cannot be calculated in advance in reasonable limits, provide information on the manner of calculating the cost;

6. the cost of using the means of distance communication for the conclusion of the contract, when these costs are calculated on a basis other than the basic tariff;

7. terms of payment, delivery, performance, the date on which the trader undertakes to deliver the goods or perform the services, and when applicable, the means of the trader's handling of complaints of customers;

8. when the user has the right to withdraw from the Treaty, an indication of the conditions, the time limit and the manner of its exercise in accordance with art. 52, para. 1 and 2; the trader is obliged to provide the user and the standard form for exercising the right of withdrawal;

9. where applicable, indicate the fact that the consumer has to bear the costs of returning the goods in the event of exercise of the right of withdrawal; in respect of distance contracts, their nature is such that, if the goods cannot be returned by mail customarily is given for their return;

10. indication in the event that the consumer exercises his right of withdrawal after having made a request under art. 48, para. 3 or art. 49, para. 9 that is bound to pay the trader cost under art. 55, para. 5 and 6 set out within reasonable limits;

11. when it is not provided for a right of withdrawal pursuant to art. 57, the trader informs the user that there is no right of refusal or, where applicable, an indication of the circumstances in which the user loses his right of withdrawal from the contract;

12. reminder of the availability of legal guarantee of conformity of the goods with the contract of sale;

13. where applicable, indicate the presence of an opportunity to help the user after the sale, the presence of post-warranty service and the commercial guarantee, as well as the conditions of them;

14. where applicable, indicate whether there are codes of good commercial practice, where can be found and how a copy may be obtained by them;

15. duration of the contract, where applicable, or in the event that the contract is open ended or it is provided for automatic renewal clause – the conditions for its termination;

16. where applicable, indicate the minimum period for which the user has obligations under the Treaty;

17. where applicable, indicate whether it is necessary to provide deposits or other financial guarantees, which are to be paid or given by the user at the request of the trader and the conditions on them;

18. where applicable, indicate the functionality of digital content, including technical protection measures applicable;

19. where applicable, indicate any relevant interoperability of digital content with certain types of hardware and software, which are known to the seller or that can reasonably be expected to have known him;

20. where applicable, indicate the possible use of extrajudicial procedures for the settlement of disputes and for compensation, in which the trader involved, and the conditions of access to them.

(2) the provisions of paragraphs 1 and 2. 1 shall also apply to contracts for the supply of water, gas or electricity when they are offered for sale, packed in a limited volume or a certain quantity, and contracts for heating or for digital content, which is not delivered on a physical medium.

(3) in the case of public auctions the information under para. 1, item 2 – 4 may be replaced with the appropriate information for the person performing the auction.

(4) the information referred to in para. 1, item 8 – 10 may be given by the standard instructions for exercising the right of withdrawal in accordance with Annex 7. The trader has failed to fulfil its obligation to provide information under para. 1, item 8 – 10, if the user has provided a duly completed standard instructions for exercising the right of withdrawal.

(5) the information referred to in para. 1 is an integral part of the contract from a distance or off-premises contract and cannot be changed, unless the parties to the Treaty expressly agree otherwise.

(6) if the dealer fails to comply with the requirements for providing information on additional costs or other costs referred to in paragraph 1. 1, item 5, or for the cost of returning the goods referred to in paragraph 1. 1, item 9, the user does not owe these costs.

(7) the information in the contract of sale at a distance and off-premises contract shall be provided to the Bulgarian language.

(8) the burden of proof for compliance with the obligation to provide information under para. 1 from the trader. "

§ 10. In chapter four, the name "section II distance sales contract" shall be deleted.

§ 11. Article 48 is replaced by the following:

"Art. 48. (1) an off-premises contract, the trader provide the consumer the information referred to in art. 47, para. 1 on paper or if the user has agreed – on another durable medium. The information must be legible, written in clear and understandable language.

(2) the merchant is obliged to provide the user with a copy of the signed contract or confirmation of the contract on paper or if the user has agreed – on another durable medium. In contracts for the provision of digital content, which is not delivered on a physical medium, the trader provides confirmation of express prior consent and acceptance by the user of starting performance of the contract before the expiry of the period for exercising the right of withdrawal from the Treaty.

(3) where the user wants the provision of services or the supply of water, gas or electricity when they are offered for sale, packed in a limited volume or in a specified quantity, or the supply of heating to begin before expiry of the time limit for exercising the right of withdrawal away from business premises provided for in art. 50, the trader is obliged to require the user to make an explicit request of durable medium. "

§ 12. Article 49 shall be amended as follows:

"Art. 49. (1) in distance contracts, the trader shall provide the information referred to in art. 47, para. 1 the user or made available to the user in an appropriate manner according to the means of distance communication in clear and understandable language. When information is provided on a durable medium, it must be legibly written.

(2) in the distance contract which is concluded by electronic means via the Internet site and which provides for an obligation for the consumer to make payment, the Merchant provides the user information under art. 47, para. 1, item 1, 5, 15 and 16 in a clear and obvious way next to the button, through which the user makes your order. The dealer is obliged to ensure that when a user makes his order expressly confirms that the order is linked to a payment obligation on his part. If the execution of an order is associated with activation of a button or a similar function on the button or on the similar function be written legible only the words "order with a payment obligation" or other relevant unambiguous wording, from which it is clear that the execution of order leads to a payment obligation on the part of the user.

(3) where a dealer fails to comply with the requirements of para. 2, the user is not bound by the contract or order.

(4) on the Web pages for e-commerce merchants indicate in a clear and legible way, at the latest at the start of the process of ordering if there are restrictions on the supply of goods and what means of payment are accepted.

(5) where a contract is concluded through the use of means of distance communication which is with limited space or time for the submission of information, the trader shall provide the means of communication used before the conclusion of the contract at least the pre-contractual information under art. 47, para. 1, item 1, 2, 5, 8 and 15. The dealer gives the user the other information under art. 47, para. 1 in an appropriate manner in accordance with para. 1.

(6) where a trader uses a phone call to the consumer with a view to concluding a distance contract, except for the information referred to in para. 5 at the beginning of the conversation, the trader shall be presented to the user with their name and, where applicable, the name of the person on whose behalf it carries out the call, as well as the commercial purpose of the call.

(7) upon the conclusion of the distance contract on the phone the dealer is obliged to confirm the proposal to the consumer of durable medium. The user is bound by the proposal only after sign it or after he sent his written consent to the adoption of the proposal.


(8) the trader provide the consumer of durable medium confirming the contract within a reasonable time after the conclusion of the contract at a distance or at the latest at the time of delivery of the goods, or before the execution of the service. The confirmation from the trader must contain all the information referred to in art. 47, para. 1, unless the trader has communicated this information to the user on a durable medium before the conclusion of the contract at a distance and under contracts for the provision of digital content, which is not delivered on a physical medium – confirmation of express prior consent and acceptance by the user of starting performance of the contract before the expiry of the period for exercising the right of withdrawal from the Treaty.

(9) where the user wants the provision of services or the supply of water, gas or electricity when they are offered for sale, packed in a limited volume or in a specified quantity, or the supply of heating to begin before expiry of the time limit for exercising the right of withdrawal under art. 50, the trader is obliged to require the user to make an explicit request.

(10) the burden of proof of compliance with the requirements of paragraphs 1 and 2. 1-9 from the trader. "

§ 13. Article 50 is amended as follows:

"Art. 50. the user is entitled to withdraw from the contract at a distance or off-premises contract, without giving any reason, without penalty and without compensation or payment of any costs, with the exception of expenditure provided for in art. 54, para. 3 and art. 55, within 14 days from the date of:

1. conclusion of contract – the contract for services;

2. acceptance of the goods by the consumer or a third party other than the carrier and indicated by the consumer – in a contract of sale, or:

(a)) when the user has ordered many goods with an order that is shipped separately from the date on which the user or third party other than the carrier and indicated by the consumer acceptance of the final product;

(b)) in the delivery of goods, which consists of multiple lots or parts from the date on which the user or third party other than the carrier and indicated by the consumer adoption of the latest batch or part;

in) in contracts for a regular supply of goods, carried out over a period of time from the date on which the user or third party other than the carrier and indicated by the consumer acceptance of the first product;

3. conclusion of contract – under contracts for the supply of water, gas or electricity when they are offered for sale, packed in a limited volume or a certain amount, and under contracts for the supply of heating and of digital content, which is not delivered on a physical medium. "

§ 14. Article 51 shall be replaced by the following:

"Art. 51. (1) where the trader has not provided information on the consumer's right of withdrawal under art. 47, para. 1.8, user shall be entitled to withdraw from the contract at a distance or off-premises contract within one year and 14 days from the date referred to in art. 50.

(2) where the trader provide the user with information about the right of withdrawal within one year of the date referred to in article 1. 50, the consumer shall be entitled to withdraw from the contract at a distance or off-premises contract within 14 days from the date of receipt of the information referred to in art. 47, para. 1, item 8.

§ 15. Article 52 shall be amended as follows:

"Art. 52. (1) when a user wants to withdraw from the contract at a distance or off-premises contract, he shall inform the trader of his decision before the expiry of the time limit under art. 50. (2) to exercise his right of withdrawal, the user can use the standard withdrawal form according to annex No 6 or otherwise unequivocally said his decision to withdraw from the Treaty.

(3) the consumer has exercised his right of withdrawal from a distance or off-premises contract, if the trader sent a message for the exercise of the right of withdrawal before the expiry of the time limit under art. 50, and when the trader has not provided information about the right of withdrawal, in the period under art. 51. (4) for exercising the right of withdrawal the trader can provide the user with a choice to fill in and send electronically through the website of the merchant standard withdrawal form according to annex No 6 or other unambiguous application. In these cases, the dealer must immediately send the user an acknowledgement of receipt of the refusal of his durable medium.

(5) the burden of proof for exercising the right of withdrawal from a distance or off-premises contract shall be borne by the user. "

§ 16. Article 53 shall be amended as follows:

"Art. 53. the exercise of the right of withdrawal shall terminate the obligations of the parties to implement the Treaty from a distance or off-premises contract, or in cases where the user has made a proposal to conclude a contract from a distance or off-premises contract. "

§ 17. Article 54 shall be amended as follows:

"Art. 54. (1) where the consumer has exercised his right of withdrawal from a distance or off-premises contract, the trader shall reimburse any payment received by the user, including the cost of delivery, without undue delay and no later than 14 days from the date on which it was notified of the decision of the consumer to withdraw from the contract pursuant to art. 52.

(2) the merchant is obliged to reimburse the sums received, using the same payment instrument used by the user during the initial transaction, unless the user has given his explicit consent for the use of other means of payment, and provided that it is not linked to the costs to the user.

(3) the trader has no obligation to refund the additional costs of delivery of the goods when the user explicitly chose the way of delivery of the goods, other than the cheapest kind of standard delivery offered by the merchant.

(4) when a contract of sale, where the seller has offered to pick up the goods alone, he can keep the payment of amounts to the consumer under para. 1, until you receive the goods or as long as the user does not submit evidence that the goods sent back, depending on which of the two happened earlier. "

§ 18. Article 55 shall be amended as follows:

"Art. 55. (1) where the consumer exercises his right of withdrawal from a distance or off-premises contract and when the dealer has not proposed to collect the goods himself, the user must send or deliver the goods back to the dealer or the authorized person without undue delay and no later than 14 days from the date on which the user is advised of the trader of his decision to withdraw from the Treaty under art. 52. The deadline is deemed met if the user send or deliver the goods back to the seller before the expiry of the 14 day period.

(2) the user shall pay only the direct costs of returning the goods under para. 1 with the exception of the cases when the trader has agreed to pay them, or if the trader has not informed him that the cost of returning the goods shall be paid by the user.

(3) an off-premises contract, when the goods have been delivered to the home of the user at the time of conclusion of the contract, the trader is obliged to pick up the goods at his own expense, if the nature of the goods is such that it does not allow them to be returned to ordinary way in the mail.

(4) the user shall be liable only for the reduced value of the goods caused by testing them, other than what is necessary to establish the nature, characteristics and good performance. The user is not responsible for the reduced value of the goods when the trader has not informed him of the right of withdrawal under art. 47, para. 1, item 8.

(5) When the consumer exercises his right of withdrawal after having made a request under art. 48, para. 3 or art. 49, para. 9, he shall pay the proportionate amount of the trader what actually has been granted until such time as the user has informed the merchant of exercising the right of withdrawal.

(6) the proportional amount of the Al. 5, which the user must pay the Merchant shall be calculated on the basis of final price agreed in the contract. If the final price is excessively high, the proportional amount is calculated on the basis of the market value of what has actually been delivered.

(7) When the consumer exercises his right of withdrawal, he does not owe costs for:

1. the provision of services or for the supply of water, gas or electricity when they are offered for sale, packed in a limited volume or in a specified quantity or for heating, in whole or in part, performed during the withdrawal period, when:

a) trader has not provided information in accordance with art. 47, para. 1, item 8 or 10, or

(b)) the user expressly requested the performance of the contract to commence during the period for exercising the right of withdrawal pursuant to art. 48, para. 3 and art. 49, para. 9, or

2. all or part of the delivery of digital content, which is not delivered on a physical medium, where:

a) the consumer has not given his express prior consent for starting the execution of the contract before the expiry of the 14-day time limit under art. 50, or

(b)) the user has confirmed that knows that giving consent for starting the execution of the contract, you will lose your right of withdrawal, or

at the dealer) has not provided the confirmation of express prior consent and acceptance by the user to initiate the implementation of the contract pursuant to art. 48, para. 2 or art. 49, para. 8.

(8) the user shall not be liable for exercising the right of withdrawal, except in the cases referred to in para. 1, 2, 4 and 5 and article. 54, para. 3. "

§ 19. Article 56 shall be amended as follows:


"Art. 56. (1) where the consumer exercises his right of withdrawal from a distance or off-premises contract, any additional agreement will terminate automatically, without the user owes any costs, damages and/or penalties, with the exception of expenditure provided for in art. 54, para. 3 and art. 55.

(2) the provisions of para. 1 shall not apply in respect of art. 28 of the law on consumer credit. "

§ 20. New art. 57:

"Art. 57. the provisions of art. 50-56 for the consumer's right of withdrawal from the Treaty by distance or off-premises contract shall not apply to contracts:

1. for the provision of services, in which the service is provided completely and its implementation has begun with the express prior consent of the user and an acknowledgement on his part that he knows he will lose his right of withdrawal once the agreement is implemented fully by the trader;

2. for the supply of goods or services whose price depends on fluctuations in the financial market which cannot be controlled by the trader and which may occur during the period for exercising the right of withdrawal;

3. for the supply of goods made to the order of the user or in accordance with his individual requirements;

4. for the supply of goods which, because of its very nature, can impair the quality or have a short shelf life;

5. delivery of sealed goods that are printed after their delivery and cannot be returned for hygiene reasons or protection of health;

6. delivery of the goods after they have been delivered and due to their nature are mixed with other goods, of which cannot be separated;

7. for the supply of alcoholic beverages, whose price is agreed upon conclusion of the contract of sale in which delivery may be carried out not earlier than 30 days from the conclusion of the contract, and whose actual value depends on fluctuations in the market which cannot be controlled by the trader;

8. when the user is explicitly asked the salesperson to visit him at his home for the purpose of carrying out urgent repair or maintenance activities; When such a visit, the trader shall provide other services in addition to those requested by the user, or deliver goods other than replacement parts necessary for carrying out the repair or maintenance, the right of withdrawal shall apply to those additional services or goods;

9. for the supply of sealed audio recordings or video recordings or computer software sealed that are printed after delivery;

10. for the supply of newspapers, periodicals or magazines with the exception of subscription contracts for the supply of such publications;

11. concluded during the public tender;

12. for the provision of facilities for accommodation, which do not live, transport of goods, car rental, dining services or the provision of services related to leisure activities, if the contract provides for a specific date or period of performance;

13. for the provision of digital content, which is not delivered on a physical medium, where implementation has started with the express consent of the user, who has confirmed that he knows he will thus lose his right of withdrawal. "

§ 21. Article 58 shall be amended as follows:

"Art. 58. (1) it is prohibited to supply and sale by the conclusion of distance contracts for the sale of medicinal products subject to medical prescription.

(2) the requirements of food law, in respect of the production and marketing of foodstuffs in the country also apply to distance contracts for the supply of foods other than those referred to in art. 46, item 10.

§ 22. Article 59 shall be amended as follows:

"Art. 59. (1) where a contract from a distance or off-premises contract is the law of a Member State of the European Union, the rights of the consumer under this Act may not be restricted.

(2) the user may not be deprived of the protection that is provided by the legislation of a Member State of the European Union establishing the requirements of Directive 2011/83/EC of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304/64 of 22 November 2011), hereinafter referred to as "the directive 2011/83/EU" when the contract from a distance or off-premises contract has a close link with the territory of that Member State. A close link with the territory of this Member State is present when any of the following conditions is true:

1. the contract is concluded in the Member State of the European Union, where the consumer has his habitual residence;

2. the dealer directs its activity to the territory of a Member State of the European Union, where the consumer has his habitual residence;

3. the contract was preceded by a proposal from advertising or made in that Member State, and of the actions performed by the user, necessary for the conclusion of the contract;

4. the contract is concluded in the Member State of the European Union, by a user during the journey or stay proposed or organized by merchant aimed, directly or indirectly, to promote the conclusion of the contract.

(3) any contractual clause which the user waives rights conferred under this law is invalid. "

§ 23. New art. 60:

"Art. 60. The Commission for the protection of users, consumers and traders informed about their rights and obligations in respect of distance contracts and off-premises contracts. "

§ 24. Article 61 shall be replaced by the following:

"Art. 61. the Commission for the protection of consumers encourages traders who are responsible for the application of codes of good practice, to inform users of the existence of such codes and for their content. "

§ 25. In chapter IV, the current section III became section II.

§ 26. (A) article 61 is amended as follows:

"Art. 61. (1) the provisions of art. 62-64 (e) aim to protect consumers and shall apply to sales contracts, distance contracts, negotiated away from business premises and digital content contracts concluded between the trader and the consumer.

(2) the provisions of art. 63 – 66 shall not apply to contracts from a distance and off-premises contracts. "

§ 27. Article 62 is amended as follows:

"Art. 62. (1) the supply of goods shall be prohibited, as well as the water, gas, electricity, heating, digital content or the provision of services to the user without a fee, on request.

(2) in the case of delivery of goods, as well as the water, gas, electricity, heating, digital content or provision of services ordered by user, he is not obliged to restore the product and not pay for the product or service of the one who sent it or provided.

(3) the absence of a reply from the user regarding the delivery of goods and services under para. 1 shall not be deemed to have agreed. "

§ 28. Create art. 62 in-62 (e):

"Art. 62. it shall be prohibited to the levying of traders of charges payable by the consumer for the use of a means of payment in excess of the costs incurred by the dealer for the use of the same tender.

Art. 62. (1) where a trader uses a phone line to connect to it in connection with the contract, the user shall pay the cost of the call, without additional charge, in accordance with the requirements of Regulation No. 1 of 2010 for rules of use, distribution, and primary and secondary procedures provide for use, and withdrawal of reservation numbers, addresses and names (official GAZETTE, no. 64 by 2010; amend. , PC. 12 of 2011, issue. 74 by 2012 and St. 28 by 2014).

(2) in the event that the dealer is načislil the user an additional fee in connection with the service provided, he shall be obliged to reimburse the consumer unduly accumulated charge.

(3) the provisions of para. 1 does not deprive the providers of telecommunication services from their right to charge such conversations.

Art. 62 (1) before the consumer is bound by any credit agreement or offer to contract, the trader shall obtain explicit consent for any additional payment that exceeds the agreed price by the trader's main contractual obligation.

(2) where the trader has not obtained the express consent of the user in the Al. 1, but has accepted it, therefore, that the user has rejected proposals drawn up by the merchant in advance, which are related to a payment obligation and were not requested by the user, he has the right of it paid additional amounts to be recovered.

(3) the burden of proof for the explicit consent of the user to make additional payments shall be borne by the seller. "

§ 29. In art. 66, para. 2, paragraph 4, after the word "or" is added "his".

§ 30. Article 67 shall be repealed.

§ 31. In chapter IV, former section IV becomes section III.

§ 32. In art. 68 (b) make the following amendments and additions:

1. The current text becomes paragraph 1.

2. a para. 2:

"(2) the provisions of this section shall apply in respect of all the goods or services, including immovable property, rights and obligations."

§ 33. In art. 68 (d) is hereby amended as follows:

1. In paragraph 8. 1 the words "related to the supply of goods or services" shall be replaced by ' from the trader to the consumer ".

2. in the Al. 2, the words "certain particularly vulnerable categories of users" are replaced by "clearly identifiable group of consumers, especially vulnerable to commercial practice or to the product or service covered by the commercial practice".


§ 34. In art. 68 e, para. 2, item 6, the words ' full name, ID number and permanent address and the name of natural persons, the single identification code, address and legal form of legal entities "shall be replaced by ' the name, permanent address and the name, address of management of legal persons".

§ 35. In art. 68, al. 4 item 2 is amended as follows:

"2. the salesperson's name and permanent address of individuals, and the name, address of management – of legal persons, and, if necessary, address, the name, the name of the merchant, respectively, on whose behalf the Act;".

§ 36. In art. 68 (g) the following amendments and supplements shall be made:

1. Point 11 is replaced by the following:

11. using editorial material in the media in the framework of the campaign, funded by the salesperson to promote sales of a product or service, without specifying the content of the material, or using the images or sounds that can be clearly identified by the user; ".

2. In paragraph 14, after the words "to recover the paid amount," capital "is added.

§ 37. In art. 68 k is hereby amended as follows:

1. point 2 shall be replaced by the following:

"2. the conduct of the visits by the trader to the consumer's home ignoring the consumer's request, the trader to leave the premises or not to come back again, except in cases provided for by law for the performance of the contractual obligation;".

2. In paragraph 3, the words "of art. 49 of this law "and the comma after them are deleted.

3. In paragraph 6, the words "except in the cases under art. 59, para. 2 ' shall be deleted.

§ 38. Art is created. 68 m:

"Art. 68 meters (1) the user has the right to break the contract with the trader concluded as a result of the unfair trade practices, and to claim for damages under ordinary law, where, for an order prohibiting the application of unfair trade practice of the Commission for the protection of consumers has a judgment of the Supreme Administrative Court, which confirmed the order, which has not been challenged in the timeframe or the complaint against her was withdrawn.

(2) the final decision of the Supreme Administrative Court, which confirmed an order for the prohibition of the application of unfair trade practice of the Commission for the protection of the consumer under this section, there are binding on the civil court regarding whether the warrant is valid and legitimate. Binding on the civil court as a valid and legitimate and have the order prohibiting the application of unfair trade practice of the Commission for the protection of consumers, which is not challenged or the complaint against her was withdrawn.

(3) the right to claim compensation shall be extinguished within 5 years of the entry into force of the decision of the Supreme Administrative Court, the order of the Commission for the protection of consumers when it is not challenged, or from the date on which the complaint against her was withdrawn.

(4) the Commission for the protection of consumers has published on its website effective decisions of the Supreme Administrative Court, which confirmed the orders prohibiting the application of an unfair commercial practice or the order when it has not been challenged in the timeframe or the complaint against her was withdrawn. "

§ 39. In art. 69 following amendments and supplements shall be made:

1. In paragraph 8. 2 anywhere in items 1 and 2, the words ' European Community ' shall be replaced by ' European Union '.

2. a para. 4:

"(4) the Goods within the meaning of this section is the product of work, which is intended for consumption in normal or foreseeable conditions could be used by the user, even if it is not designed for it, and that is delivered or made available on the conduct of commercial activity, whether in return for payment or free of charge offers and whether new, used or reconditioned."

§ 40. In art. 76 following amendments and supplements shall be made:

1. a new paragraph 2:

2. Enter the credentials of the product referred to in paragraph 1, in the documents issued to distributors involved in the chain of distribution of the goods; ".

2. The current paragraph 2 becomes paragraph 3.

§ 41. In art. 80 the following modifications are made:

1. In paragraph 1 the word "permit" shall be replaced by "and the available documents, giving".

2. in paragraph 3 the word "necessary" is replaced by "and documentation required".

§ 42. In art. 82 following amendments and supplements shall be made:

1. In paragraph 8. 1:

(a) in item 3) add "and in respect of the manufacture, placing on the market and use of certain dangerous substances, preparations and articles in compliance with the requirements of Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the registration, evaluation, authorisation and restriction of chemicals (REACH), establishing a European Chemicals Agency amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396/1 of 29 May 2007) , hereinafter referred to as "Commission Regulation (EC) No 1907/2006;

(b)) shall be item 5 and 6:

"5. The Ministry of environment and water – on the implementation of the requirements of Regulation (EC) No 1907/2006;

6. an Executive Agency "General Labour Inspectorate" to the Minister of labour and social policy – in compliance with the requirements of Regulation (EC) No 1907/2006.

2. in the Al. 2 the words "para. 1, 2, 3 and 4 "shall be replaced by" para. 1, 2-6.

3. in the Al. 4 in the text before item 1 the words "para. 1, 2, 3 and 4 "shall be replaced by" para. 1, 2-6.

§ 43. In Chapter five, section II to create art. 103, 103 (b) and 103 in:

"Art. 103. The provisions of this section are intended to ensure the protection of consumers in the provision of goods, transfer of risk, the conformity of the goods with the contract of sale, the warranty for the goods provided under this Act, and the commercial guarantees.

Art. 103 (b). (1) the merchant is obliged to deliver the goods as delivered them to the consumer, without undue delay, not later than 30 days after the conclusion of the contract, unless the parties have agreed otherwise.

(2) when the dealer fails to deliver and forward the goods within the time limit specified in the contract, or within the time limit referred to in paragraph 1. 1, the user requires the delivery and transfer of the goods to be carried out in an additional specified period depending on the circumstances. If the dealer fails to deliver the goods and forward in this additional fixed period, the user has the right to break the contract.

(3) the provisions of para. 2 shall not apply to contracts of sale where:

1. the dealer has refused to deliver the goods, or

2. the delivery of the goods within the agreed delivery period is essential for the consumer, taking into account all the circumstances at the conclusion of the contract, or

3. the user has notified the merchant before the conclusion of the contract, it is essential that the supply to be made on a specific date or no later than a particular date.

(4) If in cases under para. 3 the trader does not deliver the goods within the agreed and forward with the consumer, or within the time limit referred to in paragraph 1. 1, the user has the right to immediately break the Treaty.

(5) upon cancellation of a contract of sale the merchant is obliged to reimburse the user without undue delay any amounts paid under the contract.

(6) upon cancellation of a contract of sale under para. 2-4 the user can claim for damages or penalty under ordinary law.

Art. 103. (1) the contracts under which the trader sends goods to the user, the risk of loss or damage to the goods shall pass to the user at the moment the user or a third party other than the carrier, take over the goods.

(2) when the user has chosen a carrier and has awarded to transport goods, but the user selected carrier is not among the carriers proposed by the trader, the risk passes on to the consumer in the transfer of the goods to the carrier chosen by him. In case of loss or damage, the user may claim for compensation or a penalty towards the carrier. "

§ 44. In art. 104, para. 2, the words ' European Community ' shall be replaced by ' European Union '.

§ 45. In art. 114 following amendments and supplements shall be made:

1. a new paragraph. 3:

"(3) the merchant is required to satisfy the request for cancellation of the contract and to recover the amount paid by the user, when after three meet returns to the user by performing a repair of the same commodity, within the period of guarantee referred to in art. 115, there is a subsequent occurrence of non-conformity of the goods with the contract of sale. "

2. The current paragraph. 3 it al. 4.

§ 46. In art. 117 following amendments and supplements shall be made:

1. Paragraph 1 shall be amended as follows:

(1) commercial guarantee means any commitment entered into by the trader or producer to the consumer, in addition to its obligation under this law to ensure compliance of the product with the contract of sale, to recover the amount paid or to replace or repair the product, or to provide other services associated with the goods, when it does not correspond to the specifications or any other requirements, non-conformity of the goods with the contract of sale referred to in the application for the grant of a guarantee or in the relevant advertising, made at the time of conclusion or before conclusion of the contract. "

2. in the Al. 2 creates a second sentence: "the implementation of the commitments entered into by the dealer's obligations with the commercial guarantee is not related to the costs for the consumer."

§ 47. In art. 127 following amendments and supplements shall be made:

1. In paragraph 8. 3 Add "as the user is issued a document containing the date, number, under which the claim is recorded in the register, the type of goods and the signature of the person who accepted the claim".


2. in the Al. 4 creating a new second sentence: "the complaint may be filed in any of the outlets on the territory of the country in which such commercial activity as in the site where the product was purchased, and the current second sentence becomes the third sentence.

§ 48. In art. 130, para. the words "European Community" shall be replaced by ' European Union ' and the word ' Community ' is replaced by ' the Union '.

§ 49. In art. 134, para. 1, the words ' European Community ' shall be replaced by ' European Union '.

§ 50. In art. 144, para. 2, paragraph 1 the word "termination" is replaced by "change".

§ 51. Create art. 147 a and 147 b:

"Art. 147. (1) upon conclusion of a contract under the terms and conditions of user general terms and conditions are binding for the user only if they have been submitted, and he has agreed with them.

(2) user consent with the general terms and conditions shall be attested by his signature.

(3) the dealer or authorised agent is obliged to forward a signed copy from him of the terms and conditions of the user.

(4) the burden of proof of the opinion expressed by the user consent with the general terms and conditions and their receipt at the time of signing the Treaty lies with the trader.

(5) a consent Clause in the General conditions of the contract and Declaration of their receipt by the consumer, included in the individual contracts, is not evidence of actual acceptance of the general terms and conditions and receive a copy of the user.

Art. 147 (b). (1) the merchant is obliged to notify the user of any changes in the terms and conditions in the contract within 7 days from the onset of this circumstance referred to him by phone, email or postal address.

(2) when does not agree with the amendments to the General conditions, the user may withdraw from the contract without giving any reason and without due compensation or a penalty, or to continue to perform it under the terms and conditions before the amendment.

(3) the consumer exercises his right under paragraph 1. 2 by sending a written notice to the dealer within one month of receipt of the communication referred to in para. 1. (4) the amendments to the general terms and conditions are binding for the user, when the user is notified of them under the terms of paragraphs 1 and 2. 1 and has not exercised its right under paragraph 1. 2 and 3.

(5) the trader is required to establish the fact of the notification to the user for modification in the terms and conditions. "

§ 52. In art. 148 following amendments and supplements shall be made:

1. The current text becomes paragraph 1 and in paragraph 4, after the words "referred to in paragraph 1" shall be inserted "or al. 4. "

2. Al are created. 2, 3 and 4:

"(2) where the legal Act provided for a public authority to approve terms and conditions of contracts with customers and subsequent amendments to them, they shall be forwarded to the Commission for the protection of consumers for an opinion on the existence of unfair terms. The State authority shall approve the terms and conditions of contracts with customers only if the consumer protection Commission has approved the terms and conditions and after it considers that they do not contain unfair terms within the meaning of this chapter.

(3) where the legal act is not provided for a public authority to approve terms and conditions of contracts with customers for financial services and the subsequent amendments to them, they are sent by the merchant to consumer protection Commission for approval.

(4) where the Commission for consumer protection considers that the terms and conditions contain unfair terms within the meaning of this chapter, it shall provide the trader with a 14-day period of notification to remove them. "

§ 53. In art. 166, item 1 the words "section III" shall be replaced by the "II" section.

§ 54. In art. 170 the following modifications are made:

1. Paragraph 1 shall be amended as follows:

(1) a representative Association of users is that which meets the following conditions:

1. aims the protection of consumer rights;

2. is registered as a non-profit organization for public benefit within the meaning of the law of non-profit legal entities;

3. is an activity carried out for the protection of consumers in the last one year;

4. have at least one functioning reception area to providing advice and information to consumers in the country;

5. keep up-to-date website;

6. carry out effectively at least 4 of the following community activities to protect the interests of users, such as:

a) brought actions for protection of the collective interests of consumers;

b) issue magazines and specialized publications on consumer issues;

c) assist to resolve consumer disputes;

d) carries out information activities and/or campaigns in the field of consumer protection;

e) carries out educational activities and/or campaigns in the field of consumer protection;

is carried out tests and comparative) studies of the goods and services offered on the Bulgarian market;

(g)) has functioning reception for providing advice and information to consumers at least one third of the regional cities of the country. "

2. in the Al. 2 the words "Minister of economy, energy and tourism" are replaced with "Minister of economy and energy".

§ 55. In art. 170 (a) is hereby amended as follows:

1. Paragraph 1 shall be amended as follows:

' (1) in order to be recognised as representative within the meaning of art. 170, para. 1 consumer associations submitted to the Minister of economy and energy application accompanied by:

1. judgment for registration;

2. certificate of good standing issued by the Court of registration;

3. a certificate from the central register of non-profit legal entities to carry out the activity of the Ministry of Justice;

4. the current Constitution;

5. a statement by the members of the management bodies of the Association, to satisfy the requirements of art. 167, para. (2);

6. annual report on the activities carried out and the results achieved for the protection of the rights and interests of consumers in the previous year;

7. information on the functioning of the reception area providing advice and information to users in the country with the specified address, opening hours, contact phones and name of the person responsible for the admissions;

8. information about the email address on the website of the Association;

9. the information referred to in art. 170, para. 1, item 6 in accordance with the activities carried out by the Association. "

2. in the Al. 2, first sentence, the words "para. 1, item 1 – 4 and 8 "are replaced by" para. 1, item 1 – 5 "in the second sentence the words" para. 1, item 5 – 7 ' shall be replaced by "para. 1, item 6-9 ".

3. in the Al. 3 the words "Minister of economy, energy and tourism" are replaced by "the Minister of economy and energy".

§ 56. In art. 170 (b) is hereby amended as follows:

1. In paragraph 8. 1 the words "Minister of economy, energy and tourism" are replaced with "Minister of economy and energy".

2. in the Al. 2, the words "of one month" shall be replaced by the words "two months" and the words "Ministry of economy, energy and tourism" are replaced by "the Ministry of economy and energy".

3. in the Al. 4, the words "Ministry of economy, energy and tourism" are replaced by "the Ministry of economy and energy".

§ 57. In art. 170 (d) is hereby amended as follows:

1. Paragraph 1 shall be amended as follows:

"(1) the representative associations of users submit an application to the Minister of economy and energy to initiate a new procedure for the recognition of associations of users of representative three months prior to the expiry of the order in art. 170 (b), para. 3. the application shall be accompanied by the information and documents referred to in art. 170 a, para. 1. "

2. in the Al. 2 the words "Minister of economy, energy and tourism" are replaced by "the Minister of economy and energy".

§ 58. In art. 170 e is hereby amended as follows:

1. In paragraph 8. 1 the words "Minister of economy, energy and tourism" are replaced with "Minister of economy and energy".

2. in the Al. 3:

and in the text) before item 1 the words "the Minister of economy, energy and tourism" are replaced by "the Minister of economy and energy";

b) in paragraph 3 the words "item 8" are replaced by "item 5".

§ 59. In art. 173 following amendments and supplements shall be made:

1. In paragraph 8. 1 the words "Minister of economy, energy and tourism" are replaced with "Minister of economy and energy".

2. in the Al. 3 the words "Minister of economy, energy and tourism" are replaced with "Minister of economy and energy", and the words "Deputy Minister of economy, energy and tourism" are replaced by "Deputy Minister of economy and energy".

3. in the Al. 4, the words "Ministry of economy, energy and tourism" are replaced by "the Ministry of economy and energy".

4. in the Al. 5 and 6, the words "the Minister of economy, energy and tourism" are replaced with "Minister of economy and energy".

5. a para. 7:

"(7) in the meetings of the National Council for the protection of consumers can take part and representatives of associations of users of art. 168, para. 1, associations of traders and manufacturers and representatives of other ministries, departments and regulatory authorities in relation to consumer protection and are not members of the Council, depending on the subjects provided for discussion on the agenda of the meeting. "

§ 60. In art. 178 following amendments and supplements shall be made:

1. Paragraph 2 shall be replaced by the following:

(2) Complaints, alerts and proposals shall be submitted to the Commission for the protection of consumers in writing on paper or electronically. "

2. a new paragraph. 3: "(3) the notice of appeal shall contain:

1. name of the authority to which the complaint is made;

2. the name, postal and/or email address of the complainant;

3. against whom the complaint is lodged, indicating the name/the name of the merchant or business premises, as well as its registered or head office;

4. complaints and requests of the appellant;


5. the signature of the person who filed it, when it is filed on paper, or to his authorised representative; in the event that the complaint is submitted by proxy, the proxy shall apply; in the event that the complaint is submitted by electronic means, it is not required to be signed with an electronic signature;

6. evidence that the applicant had – a copy of the receipts, invoices, contracts, and other, which based its claim. "

3. The current paragraph. 3 it al. and 4 shall be replaced by the following:

"(4) if the appeal does not comply with the requirements of para. 3, the Commission shall notify the applicant within 7 days of receipt of the complaint and do not initiate proceedings on consideration to the Elimination of irregularities. "

4. a para. 5: "(5) alerts and suggestions of the users must comply with the requirements of para. 3, s. 1-5. "

5. The current paragraph. 4 it al. 6.

§ 61. In art. 183 following amendments and supplements shall be made:

1. In paragraph 8. 2 the words "Minister of economy, energy and tourism" are replaced by "the Minister of economy and energy".

2. Al are created. 3-6:

"(3) in the case of consumer disputes in the field of energy, telecommunications, transport and financial sector includes the Conciliation Commission President, and in his absence – Vice President, defined by the relevant regulatory or supervisory authority, a representative of the Commission for the protection of consumers and a representative of the Association of traders, interbranch organisations or House of traders from the sector concerned, in accordance with the purpose of the request. The last two are determined by the President of the Conciliation Commission from the approved list under art. 182, para. 2 according to the purpose of the request.

(4) the Commission for the protection of consumers and associations of traders, interbranch organisations or House of traders from the sector concerned, in accordance with the subject matter of the request under paragraph 1. 1 offer for inclusion in the list under art. 182, para. 2 at least three representatives, possessing the appropriate qualifications.

(5) If a Conciliation Commission under para. 1 could not be created due to lack of traders ' Association, professional organization or Association of traders in the relevant sector, which offer representatives, conciliation proceedings are heard by the President and two representatives of the Commission for the protection of consumers, as defined by the order of al. 1.

(6) disputes between payment service providers and users of payment services, as well as between electronic money issuers and their customers, in connection with the implementation of the law on payment services and payment systems, the regulations on the implementation of Regulation (EC) no 924/2009 of the European Parliament and of the Council of 16 September 2009 on cross-border payments in the community and repealing Council Regulation (EC) No 2560/2001 (OJ , L 266/11 from 9 October 2009) and Regulation (EC) no 260/2012 to the European Parliament and of the Council of 14 March 2012 for the establishment of technical and business requirements for credit transfers and direct debits in euro and amending Regulation (EC) no 924/2009 (OJ L 94/22 of 30 March 2012) are handled by the Conciliation Commission for payment disputes under Chapter eight section II of the law on payment services and payment systems. "

§ 62. Art is created. 183:

"Art. 183. The cost of the salaries of the members of the conciliation committees under this section shall be borne by the authority, respectively, from consumer associations and associations of traders, interbranch organisations or House of traders who have identified them. "

§ 63. In art. 185 words ' Minister of economy, energy and tourism "are replaced by" the Minister of economy and energy "and add" and the work of mediators under art. 182, para. 3. "

§ 64. In art. 186, para. 2 is hereby amended as follows:

1. In paragraph 1, the words "section I" contract concluded away from business premises ", section II" contract for sale from a distance "and section IV" shall be replaced by "section I" and off-premises Contracts negotiated at a distance "and section III".

2. In point 10:

a) (b) shall be replaced by the following:

"(b)) Directive 83/2011/EU;"

(b)), the letter ' (d) ' shall be replaced by the following:

"(d)) directive 2010/13/EC of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (audiovisual media services directive) (OJ L 95/1 from 15 April 2010);"

c) letter "and" is repealed.

§ 65. In art. 191 following amendments and supplements shall be made:

1. In paragraph 8. 3 the words "section III" shall be replaced by the "II" section.

2. a para. 5:

"(5) the Commission for the protection of consumers is a market surveillance authority under art. 18 of Regulation (EC) no 1007/2011 of the European Parliament and of the Council of 27 September 2011 on textile names and related labelling and marking of textile products in terms of their fibre content and repealing Council Directive 73/44/EEC and directives 96/73/EC and 2008/121/EC of the European Parliament and of the Council (OJ , L 272/1 of 18 October 2011), hereinafter referred to as "Commission Regulation (EU) no 1007/2011", and shall control compliance with the requirements of that regulation. "

§ 66. Art is created. 194:

"Art. 194. (1) the consumer protection Commission shall coordinate at the national level the activity of the administrative bodies concerned with consumer protection.

(2) leaders and officials of the inspection bodies relevant to consumer rights, are obliged to cooperate with and assist the Commission on consumer protection in the exercise of its powers. "

§ 67. In art. 197 words "from 300 to 1500 EUR ' shall be replaced by ' of 500 to 3000 BGN" and finally "is added on a case by case basis".

§ 68. New art. 202:

"Art. 202. For infringement of the provisions of art. 147 a and 147 b of individuals having a fine, while the sole traders and legal persons – the penalty at a rate of 1000 to 5000 LEVs. "

§ 69. Article 204 shall be amended as follows:

"Art. 204. For failure to meet the obligations to provide information of the user under art. 47, para. 1-3, 5-7, art. 48 and 49 of individuals having a fine of 100 to 1000 BGN, and for sole traders and legal persons – penalty payment, in the amount of 500 to 3000 BGN. on a case by case basis. "

§ 70. In art. 205 words "art. 51 ' shall be replaced by "art. 58, para. 1. "

§ 71. Article 206 shall be amended as follows:

"Art. 206. For infringement of the provisions of art. 52, para. 4, art. 54, para. 1 and 2, art. 55, para. 3, art. in 62, art. 62 d, para. 2 and art. 62 e of individuals having a fine of 100 to 1000 BGN, and for sole traders and legal persons – penalty payment, in the amount of 500 to 3000 BGN. on a case by case basis. "

§ 72. In art. 207 following amendments and supplements shall be made:

1. In paragraph 8. 1 the words "art. 55, para. 1 "shall be replaced by" art. 50 "and after the words" distance contract "insert" or off-premises contract ".

2. paragraph 2 is repealed.

§ 73. Article 208 shall be amended as follows:

"Art. 208. For the supply of goods, as well as water, gas, electricity, heating, digital content or provide services to a user without a fee, on request, in violation of art. 62, para. 1 of individuals having a fine, while the sole traders and legal persons – the penalty at a rate of 1000 to 3000 pounds. "

§ 74. Article 210 shall be repealed.

§ 75. In art. (a) the words "210 500 to 10 000 ' shall be replaced by" 1000 to 30 000 LEVs. ".

§ 76. In art. 210 (b), the words "1000 up to 15, 000 ' shall be replaced by ' 2,000 to 50,000 EUR.

§ 77. In art. 210 in the words "1000 to 10 000 ' shall be replaced by" 3000 to 50,000 EUR.

§ 78. In art. 222 (a) after the words "art. 113 "is added" and art. 114, para. 3 "and finally" is added on a case by case basis ".

§ 79. Art is created. 225 (b):

"Art. 225 b. economic operator within the meaning of Regulation (EC) no 1007/2011 that does not meet its obligations under art. 15 of the regulation, imposed a fine in the amount from 500 to 1500 EUR or penalty payment in the amount of 1000 to 3000 pounds. "

§ 80. In art. 233 Al is created. 4:

"(4) the Acts for the establishment of administrative offences and criminal provisions within the meaning of the law for the administrative offences and sanctions, as well as the individual administrative acts for the purposes of the administrative code may be served on any person, which is located in the premises and in civil or employment relationships with the person against whom they are issued."

§ 81. In the additional provisions the following amendments and additions:

1. paragraph 1 (a) shall be replaced by the following: "§ 1 (a). In the conflict between the provisions of chapter IV, section III and the provisions of European Union law or the national legislation establishing requirements of European Union law, which contain special provisions on unfair commercial practices, subject to the provisions of European Union law or the national legislation establishing requirements of European Union law, for these specific aspects of unfair commercial practices. "

2. paragraph 1 (b) shall be replaced by the following:

"§ 1 (b). In the conflict between the provisions of chapter IV, section III and the provisions of any other law, which does not implement the requirements of European Union law, which provide for more stringent requirements concerning unfair business-to-consumer commercial practices, this Act applies. "

3. paragraph 1 shall be established in, 1 d, 1E, 1F, 1 g, 1 h and 1 and:

"§ 1 in. The provision of art. 4 for contracts other than contract from a distance or off-premises contract, and of chapter IV, section I shall apply to contracts concluded between a trader and a consumer, including the contracts for the supply of water, gas, electricity or heating, as well as provided by public service providers, in so far as the goods and services are provided on a contract basis.


§ 1 (d). In a conflict between the provisions of art. 4 or the provisions of chapter IV, section I and the provisions of European Union law or provisions transposing in the Bulgarian legislation requirements of European Union law, governing specific sectors of the economy, be subject to the provisions of European Union law or the provisions of the Bulgarian legislation establishing requirements of European Union law for these specific sectors.

§ 1 (e). In terms of sales contracts, distance contracts and off-premises contracts traders can offer consumers contractual conditions that provide a higher level of protection than that provided for in art. 4, in chapter IV, section I, and in Chapter five, section II.

§ 1. Requirements for the provision of information under art. 4 and chapter IV, section I complete the requirements for the provision of information under the law for the provision of services and the law on electronic commerce. In a conflict between the provisions of the law for electronic commerce or the law for the provision of services and the provisions of art. 4 and of chapter IV, section I on the contents and ways of providing information to users, the provisions of art. 4 and chapter IV, section I.

§ 1 (g). The provisions of art. 10, 11 and 12 of the law on electronic commerce shall apply regardless of the provisions of art. 49.

§ 1 z. The provisions of art. 62 in-62 (e) shall apply to sales contracts, service contracts and contracts for the supply of water, gas, electricity, heating or for digital content.

§ 1 and. The provisions of art. 103 (b) and 103 in apply to contracts of sale. They do not apply to contracts for the supply of water, gas or electricity, when not being offered for sale, packed in a limited volume or in a specified quantity, for heating or for digital content, which is not delivered on a physical medium. "

4. In paragraph 13:

a) in item 5, the words ' European Community ' shall be replaced by ' European Union ';

b) point 12 shall be replaced by the following:

"12." financial service "e any service relating to banking, lending, insurance, personal pension, investment or payment.";

in section 13) shall be replaced by the following:

"13." Goods "is movable tangible property, with the exception of property sold in enforcement or through other measures of empowered by law enforcement bodies and belongings abandoned or forfeited to the State, announced for sale by State authorities. Goods and water, gas and electricity when offered for sale, packed in a limited volume or in specified quantity. ";

d) in item 25, the words "the decision to purchase a product or service, after he met with them, leading to the decision" shall be replaced by "an informed decision, leading to a commercial decision making";

(e)) including 30 words ' decision to purchase the product or service, after having met with her ' shall be replaced by "informed decision";

is the 32) to create the second and third sentences: "Such media are for example paper, data storage devices with USB interface, CD-ROM drives, DVD drives, memory cards, hard drives of computers, e-mail and others. For durable medium shall be considered and the Internet sites that satisfy the following conditions: the site allows the user to keep the information received, the information can be preserved over a long enough period of time and the dealer, provided the information is not able to change it. ";

(g)) be established e.g. 33-43:

"33." Goods made to the order of the user "are goods which are not made in advance, and are made on the basis of individual choice or decision of a user.

34. "sales contract" is the contract under which the trader transfers or undertakes to transfer ownership of the goods to the consumer, and the consumer pays or promises to pay the price for them, including contracts, having as its object both goods and services.

35. the "service contract" is the contract other than a contract of sale under which the dealer provides or promises to provide a service to the user, and the user pays or promises to pay the price for it.

36. "Additional agreement" means a contract under which the consumer acquires goods or services in connection with a distance contract or an off-premises contract, as these goods and services are provided by the trader or by a third party on the basis of agreement between the third party and the trader.

37. "commercial entity" is the immovable object for the retail industry, in which the trader carries out constant operations, or any moving object for the retail trade, in which the dealer activities.

38. "digital content" means data that is produced and delivered in digital form, such as computer games, antivirus programs, applications, movies, music, texts, e-books, newspapers, magazines, online games or software, database, Internet betting sites and others, whether they are available via download or transmit in real time, by means of physical media or by any other means.

39. "functionality of digital content" are different ways in which it can be used as digital content tracking user behavior; and the absence or presence of technical limitations, such as the protection through digital rights management or regional coding and more.

40. "interoperability of digital content" is information on standard hardware and software environment, which is compatible with digital content, such as the operating system; the required version and some hardware.

41. "means of distance communication ' means any means which, without the simultaneous physical presence of the trader and the consumer, may be used for the conclusion of a contract between the parties, addressed and unaddressed printed matter, standard letter, advertising in the press with a coupon for an order, a catalog, phone (with or without human intervention), radio, television, videotext, Videophone, sms message, e-mail, computer, Internet , fax, mail order.

42. "Public auction" is a method of sale where goods or services are offered by the trader to the consumer who is present or has the opportunity to personally attend the auction, through the procedure of transparent, competitive bidding, led by the auctioneer, as the winning auction participant is obliged to purchase the goods or services.

43. "tender" is a custom device and/or set of procedures agreed between the payment service user and the payment service provider and used by the payment service user in order to carry out the payment order.

5. In paragraph 13 (a):

a) point 3 shall be repealed;

(b)) section 4 amended as follows:

"4. the directive 2011/83/EC of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council;"

in section 5) is repealed.

§ 82. Annex No 6 is created to art. 47, para. 1, item 8 and art. 52, para. 2 and 4:

' Annex No 6 to art. 47, para. 1, item 8 and art. 52, para. 2 and 4

Standard form for exercising the right of withdrawal:

(please fill in and send this form only if you wish to opt out of the Treaty)

-Up to (the name of the merchant, his geographical address, and where applicable, fax number and e-mail address are filled in by the salesperson):

– With this info/notify * I/we refuse from the from me/us * contract for the purchase of the following goods */provision of the following service *

– Ordered a */received on the

– Name of the user (s)

-Address of the user (s)

– The Signature of the user (s) (only if this form is paper)

– Дата

------------------------------------------------------

* Delete as appropriate. "

§ 83. Annex 7 shall be set to art. 47, para. 4:

"Annex 7 to the art. 47, para. 4

Information on the exercise of the right of withdrawal

Standard guidelines for refusal:

I. Right of withdrawal from a distance or off-premises.

II. You have the right to cancel this contract, without specifying reasons within 14 days.

III. The withdrawal period is 14 days from the date (date to be filled in according to the types of contract referred to in paragraph 1, the letters "a", "b", "c", "d" or "e" from the instructions for completion).

To exercise the right of withdrawal, you must inform us (your name, geographical address and if you have any, phone number, fax and email address under item 2 of the instructions for completion) and for his decision to opt out of the contract with the unambiguous application (for example, a letter sent by mail, fax or e-mail).

You can use the applications standard withdrawal form, but this is not required.

(provides a choice of option for notification to the merchant by the consumer when exercising the right of withdrawal in accordance with the options set out in item 3 of the instructions for completion).

To keep the time limit for refusal of the Treaty, it is sufficient to send your message on the exercise of the right of withdrawal before the expiry of the time limit for refusal of the Treaty.

IV. Effect of the refusal.


If you cancel this contract, we will reimburse all payments that we have received from you, including delivery costs (excluding additional costs related to the chosen shipping method other than the cheapest standard delivery method offered by the US) without undue delay and in any event not later than 14 days from the date on which you inform us of Your decision to refuse this Treaty. Will perform the recovery by using the same payment instrument used in the original transaction unless You explicitly agree to another way; in any case, this recovery will not be associated with no cost to you. (when a contract of sale, which are not offered to put the goods in case of cancellation shall be made in the text referred to in paragraph 4 of the guidelines for the filling).

In cases where the user has received the goods in connection with the contract (may be added the corresponding text under item 5, the letters "a", "b" or "c" from the instructions for completion).

In the contracts for the provision of services or for the supply of water, gas, electric power, when they are offered for sale, packed in a limited volume or a certain amount, or for heating (add the text referred to in paragraph 6 of the guidelines for the filling).

Instructions for filling:

1. complete one of the following phrases in quotation marks:

a) in contracts for services or for the supply of water, gas or electricity when they are offered for sale, packed in a limited volume or in a specified quantity, for heating or for digital content, which is not delivered on a physical medium: "the date on which the contract has been concluded.";

(b)) in the contract of sale: "the date on which you or a third party other than the carrier and indicated by you, you are logged into possession of the goods. ';

in the Treaty) in which the user orders a lot of goods with an order that is shipped separately: "the date on which you or a third party other than the carrier and indicated by you, you are logged in last item.";

(d)), in accordance with the contract that supplied goods which consist of multiple lots or parts: "the date on which you or a third party other than the carrier and indicated by you, you are logged onto the last batch or part.";

(e)) in a contract for regular delivery of goods for a certain period of time, "the date on which you or a third party other than the carrier and indicated by you, you are logged onto the first commodity."

2. Fill in your name, geographical address and if you have any, phone number, fax and email address.

3. If you enable the user to electronically fill in and submit information about their refusal of the contract on your website, fill in the following:

"You can also fill in and submit electronically the standard form for refusal or other unambiguous waiver application on our website (add the Internet address). If you use this option, we will promptly send you a durable medium (e.g. by e-mail) message for confirmation of receipt of the refusal. "

4. in the case of a contract of sale, which are not offered to put the goods in case of cancellation, please fill in the following: "we are entitled to postpone the recovery of payments until receipt of the goods back or until you provide us evidence that you have sent back the goods, depending on which of the two events has occurred earlier."

5. If the user has received the goods in connection with the Treaty:

(a) add:

– "We will pick up the goods, or

"We expect to send or to return the goods to us or ... (add name and geographical address, where applicable, of the person authorised by you to receive goods) without undue delay and in any event not later than 14 days after the day on which you have informed us about the refusal of this Treaty.

The time limit shall be considered to have been observed if you send us back the goods before the expiry of the 14-day period. ";

(b) add:

"We take the cost of returning the goods. ';

"You have to take the direct cost of returning the goods. ';

– If the distance contract offer not to take the costs of returning the goods and the goods by reason of their nature cannot be returned by mail customarily: "you will have to take the direct cost of returning the merchandise _ _ _ _ _ _ EUR (add the amount). "or, if the costs of returning the goods cannot be calculated in advance within reasonable limits:" you have to take the direct costs for returning the goods. The cost is expected to exceed approximately _ _ _ _ _ _ EUR (add the amount). ", or

– If the contract outside the commercial nature of the subject goods does not allow them to be returned by mail customarily and if they have been delivered in the home of the user at the time of conclusion of the contract: "you'll get the goods on our behalf.", and

(c) add: "you are responsible only for reducing the value of the goods as a result of their testing, other than what is necessary in order to establish their nature, characteristics and good performance."

6. in contracts for the provision of services or for the supply of water, gas, electric power, when they are offered for sale, packed in a limited volume or in a specified quantity or for heating, add the following: "If you are asked for the provision of services or the supply of water/gas/electricity/heating (delete as appropriate) to start during the withdrawal period , you will pay us the amount that is proportional to the present, in which you informed us that exercise his right of withdrawal from the contract, in relation to the total amount of the contract. "

§ 84. In other texts of the law the words "Ministry of economy, energy and tourism", "Minister of economy, energy and tourism and Minister of economy, energy and tourism" shall be replaced respectively with "the Ministry of economy and energy", "Minister of economy and energy and the Minister of economy and energy".

Transitional and final provisions

§ 85. Pending legal proceedings, formed by 13 June 2014, pursuant to art. 46, 52, 59 and completed in the previous row.

§ 86. In the consumer credit Act (promulgated, SG. 18 of 2010; amend., SG. 58 of 2010, issue 91 by 2012, issue 30 by 2013 and 35 from 2014) make the following amendments and additions:

1. In art. 5 create al. 14:

(14) the creditor or, where applicable, the credit intermediary, there are obligations under art. 8, al. 2-5, before the consumer is bound by a proposal or contract of consumer credit, which provides for the deferred payment or another way to discharge the obligations arising from the original contract of consumer credit, which is already a failure, if a settlement is reached on the relationship without going to court and proposed to the user conditions are not less favourable than those in the original contract for consumer credit. "

2. In art. 18, al. 1, the words "for user information contained in the register" shall be replaced by "to" database consulted.

3. In art. 31 the number "47" shall be replaced by "50".

4. in annex No. 2 to the art. 5, al. 2, part IV, paragraph 4, first column, the words "and the information contained herein for you" are deleted.

5. In annex 3 to the art. 8, al. 2:

(a) the name of the application) shall be amended as follows: "annex 3 to art. 5, al. 14 and art. 8, al. 2

Standard European form for information on overdraft contracts and contracts under art. 5, al. 14 ";

(b)) in part IV, paragraph 2, first column, the words "and the information contained herein for you ' shall be deleted;

in) a new part V:

"Part V. Additional information is available on contracts under art. 5, al. 14:



1. Guidelines for the size, number, frequency and dates of payments to be made and if applicable for the type of loan, the procedure for their distribution.





You have to pay the following:

(A representative example of the repayment schedule, stating the amount, number and frequency of payments to be made, which must be paid by the user)









2. The total amount you have to pay.

3. Early repayment of the loan.

You have the right at any time to pay off all or part of early your obligations under a credit agreement.





 









Where relevant for the type of credit:

The creditor is entitled to compensation for early repayment of the loan.





(Determining the amount of compensation (the method of its calculation in accordance with article 32, para. 4)











 

“;

d) current part V part VI and in point (b) paragraph 4 shall be established:





4. where applicable for the overdraft facility:

Language in which the pre-contractual information is provided and the information contained in the contract.





The information and the terms of the contract will be submitted to the (language specific).

With your consent, we intend to communicate (specific language/languages) for the duration of the credit agreement.











 

“;

(e)) in the instructions for completing the annex 3:

AA) create new item 14-16:


14. in part V, paragraph 1 States the creditor the amount, number, frequency and dates of the instalments payable by the user. When the space provided on the form to fill out that data is not enough, the creditor shall indicate them in a separate sheet, which shall form an integral part of this form by the appointed place on the form specifically states that repayments are in accordance with the annex.

15. in part V, paragraph 2, the creditor shall indicate the amount of the total amount of credit and total cost of the credit to the consumer.

16. in part V, paragraph 3 the lender stating that the consumer shall be entitled at any time to discharge fully or partially his obligations under a credit agreement. The creditor States and the method of determining the compensation, which is entitled to receive upon early repayment of the loan in accordance with the conditions under art. 27. ";

BB) previous p. 14, 15, 16, 17 and 18 shall become item 17, 18, 19, 20 and 21 and the words "part V" shall be replaced by the words "part VI";

CC) creates t. 22:

"22. in part VI, point b, paragraph 4, the creditor shall indicate the language in which the pre-contractual information is provided, as well as the information contained in the Treaty. ';

yy) the current item 19 shall be renumbered item 23 and in her words "part V" shall be replaced by the words "part VI".

6. Everywhere in the law the words "Minister of economy, energy and tourism" are replaced with "Minister of economy and energy".

§ 87. In the postal services Act (promulgated, SG. 64 since 2000; amend., SG. 112 of 2001 and 45/76 of 2002, no. 26 of 2003, issue 19, 88, 99 and 105 by 2005, issue 34, 37 and 86 of 2006 and 41/2007 109, 109/2008 No. 35 , 87 and 93 from 2009, PCs. 101 and 102 from 2010, PC. 105 by 2011, issue. 38 by 2012.) in art. 21 the following modifications are made:

1. In paragraph 8. 5 the word "coordination" shall be replaced by "approval".

2. in the Al. 6 and 7 the word "coordination" shall be replaced by "approval".

3. in the Al. 9 the word "agreed" is replaced by "approved".

§ 88. Electronic Communications Act (promulgated, SG. 41 since 2007; amend., SG. 109 (2007), no. 36, 43 and 69 since 2008, issue 17, 35, 37, 42, 45, 82, 89 and 93 from 2009, issue 12, 17, 27 and 97 2010/2011 105, no. 38, 44 and 82 by 2012. , PC. 15, 27, 28, 52, 66 and 70 from 2013 and St. 11 and 53 of 2014) in art. 232 is amended as follows:

1. In paragraph 8. 1 the word "coordination" shall be replaced by "approval".

2. in the Al. 4 the word "reconcile" is replaced with "approve".

3. in the Al. 5 the word "coordination" shall be replaced by "approval".

§ 89. In the provision of financial services from a distance (official SG. 105 of 2006; amend., SG. 23 and 82 of 2009) in art. 12, al. 6 the words "upon termination of credit agreements on the basis of" there shall be substituted: "in the cases referred to in" and the number "157" shall be replaced by "161 k".

§ 90. In the law on protection from the harmful effects of chemical substances and mixtures (promulgated, SG. 10 of 2000; amend., SG. 91 of 2002, 86/114 and 2003/100 and 101 from 2005, issue 30, 34, 80 and 95 from 2006, 53/82 and from 2007, 110/2008, 63/98 and by 2010. , PC. 84 by 2012.) art. 7A is hereby repealed.

§ 91. The law shall enter into force on the day of its publication in the Official Gazette.

The law was adopted by the 42-Otto National Assembly on 10 July 2014 and is stamped with the official seal of the National Assembly.

President of the National Assembly: Mihail Mikov

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