Instead of real consumer protection, Bulgaria has seen for years a complete fiasco. In most cases, people do not take any measures to stand up for their rights regarding retail traders, because they know that they cannot rely on any institutional support. Those few who still choose to seek assistance from the Commission for Consumer Protection, quickly learn that the commission is not there to protect people, but to treat them worse off than the traders themselves. Previous rulers from GERB party, who allegedly promised a European-style development for Bulgaria, decided a year ago that the most disadvantaged in the current situation are businesses and made a two-fold decrease of the penalty for companies that do not comply with the warranty conditions of the products they sell. It turns out that the Law on the protection of consumers in Bulgaria in fact is one for the protection of merchants, branch organisations and service stations.
But all this is about to change and this time – radically. And not because the current government has realized the need for reform or consumer organizations have put pressure on it. The reason is quite different and insurmountable for the Bulgarian politicians – and it comes from Brussels. This is because the country is obliged to introduce, without any national considerations, the European Directive 2011/83/EU on Consumer Rights, which is asking for significant changes to the regulations. The package in the near future will be approved by the Council of Ministers, so that in the autumn Bulgaria’s Parliament may vote on the new texts of the Law on consumer protection, which should come into force before 13 June 2014.
In practice, the Directive incorporates all the old rules in this area, and aims to clarify and enhance consumer rights in the Community. It identifies what information must be included in the contracts between buyers and sellers, what the options are for a consumer to refuse to purchase, to get full servicing or replace the item for a new one, as well as specify the delivery time for goods and many others. Outside the scope of the new provisions remain only the contracts for social, financial and transportation services, healthcare, travel, gambling activities, delivery of food and beverages, as well as real estate services.
At expense of that, the now proposed legal texts provide a brand new consumer protection in contracts concluded by telephone. In recent years, it has been this loophole that many people were tricked by different providers and operators. In the future, however, traders will have to present themselves to consumers with their commercial rather than legal entity name and communicate the purpose of the call. Moreover, no commitment or proposal for concluding a contract will be binding for the consumer if the contract is not signed on paper. Now all too often people a fooled by polite callers and their bombastic offers, while the more gullible citizens and those without much experience are bound to sign a new two-year contract, for example, for a telephone, television or something else.
Now, the law will regulate the so-called agreements made remotely or ones carried out off the trader’s premises. Generally it comes to shopping on Internet in which traders have to give customers clear information about the address and identity of the company, the product characteristics and the exact value, including any additional charges, postage and cost of courier services. Upon conclusion of contracts by electronic and online payment all contractual information must be displayed next to the button by which the user makes his request. The regulation also introduces the obligation for an early announcement as to whether there are restrictions on the supply of goods and which means of payment are accepted. Traders will be obliged to require an explicit confirmation from the clients is they are aware of an obligation to pay. The users will be bound by the contract or the order, if the they have confirmed that they know about it and the explicit confirmation will be considered as a condition for the validity of the remotely-signed contracts concluded electronically.
No less important is that the delivery of the goods within the agreed deadline will now be taken for granted. If there is a delay, the consumer will be entitled to terminate the contract and recover the full value paid for the product. Furthermore, the trader will take full responsibility for the goods to reach the customer in perfect condition and the promised quality.
The BANKER
