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Returns and exchange

The consumer has the right to refuse one or more of the ordered goods within 14 days of receipt of the order in the event that the goods are in the form in which they were delivered, if packed - its packaging has not been opened (the packaging of the shipment can be opened) and the integrity of any seals and labels intended to establish the unpacking or use of the goods has not been violated.

If defective goods are found within 24 hours of receipt and if the goods and packaging are in good condition, Erider- undertakes to replace them with new ones in accordance with the manufacturer's warranty conditions or to refund the amount deposited for the goods in accordance with article 55 of the Consumer Protection Act as from the date on which the consumer has exercised his right of withdrawal. After this period, or in the event of damage to the commercial appearance or packaging of the goods, the repair of the goods shall be borne by the repairers specified in the warranty card.

Transport and other costs of returning the goods are at the expense of the customer. In the event of non-conformity of the goods with the basic characteristics indicated on the page, the Erider shall refund the amount deposited for the goods by the consumer only by bank transfer, including the transport costs charged for the acquisition of the goods in accordance with Article 59 paragraph 3 of the Consumer Protection Act and within 14 days of receipt of the goods and the undamaged commercial appearance of the goods and packaging

Standard form for exercising the right of withdrawal for online purchases.

Article no. 50. (Supp. - State Gazette, no. 105 of 2006, amended in Issue 41 of 2007, suppl. 27 of 2013, amended in Issue 61 of 2014, in force from 25.07.2014) The consumer shall have the right to withdraw from the distance contract or from the off-premises contract without giving any reason, without being liable for compensation or penalty and without paying any costs, except for the costs provided for in Article 54(3) and Article 55, within 14 days from the date of:

1. conclusion of the contract – in the case of a contract for services;

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

(a) where the consumer has ordered multiple goods in a single order which are delivered separately, from the date on which the consumer or a third party other than the carrier and nominated by the consumer takes delivery of the last goods;

(b) in the case of the delivery of goods which consist of multiple lots or parts, from the date on which the consumer or a third party other than the carrier and nominated by the consumer accepts the last lot or part;

(c) in the case of contracts for the regular delivery of goods, which takes place over a specified period of time, from the date on which the consumer or a third party other than the carrier and nominated by the consumer accepts the first delivery;

3. the conclusion of the contract – in contracts for the supply of water, gas or electricity, where these are not offered for sale packaged in a limited volume or a specified quantity, and in contracts for the supply of district heating and of digital content which is not supplied in a tangible medium.
Art. 51. (Am. - State Gazette, no. 64 of 2007, art. 18 of 2011, art. 61 of 2014, in force from 25.07.2014) (1) Where the trader has not provided the consumer with information on his right of withdrawal from the contract under Art. 47, para 1, item 8, the consumer has the right to withdraw from the distance or off-premises contract within one year and 14 days from the date referred to in Art. 50.

(2) Where the trader has provided the consumer with the information on the right of withdrawal within one year from the date referred to in Art. 50, the consumer has the right to withdraw from the 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 .
Art. 52. (Am. - State Gazette, no. 61 of 2014, , in force from 25.07.2014 (1) Where the consumer wishes to withdraw from the distance or off-premises contract, he shall inform the trader of his decision before the expiry of the period referred to in Article 50.

(2) In order to exercise his right of withdrawal, the consumer may use the standard withdrawal form according to Appendix 6 or state, unequivocally, in another way, his decision to withdraw from the contract.

(3) The consumer has exercised his right of withdrawal from the distance contract or the off-premises contract if he has sent a notice to the trader of the exercise of his right of withdrawal before the expiry of the period referred to in Article 50, and where the trader has not provided information on the right of withdrawal in accordance with the period referred to in Article 51.

(4) To exercise the right of withdrawal, the trader may give the consumer the choice of completing and submitting electronically via the trader's website the standard withdrawal form as set out in Annex 6 or another unambiguous application. In such cases, the trader shall immediately send the consumer an acknowledgement of receipt of his withdrawal on a durable medium.

(5) The burden of proof for the exercise of the right to withdraw from the distance contract or the off-premises contract shall be borne by the consumer.
Art. 53. (Am. - State Gazette, no. 64 of 2007, art. 61 of 2014, in force from 25.07.2014) The exercise of the right of withdrawal shall terminate the obligations of the parties to perform the distance contract or the off-premises contract, or in cases where the consumer has made an offer to conclude a distance contract or an off-premises contract.
Art. 54. (Am. - State Gazette, no. 61 of 2014, in force from 25.07.2014 (1) Where the consumer has exercised his right to withdraw from the distance contract or the off-premises contract, the trader shall refund all sums received from the consumer, including the delivery costs, without undue delay and not later than 14 days from the date on which he was notified of the consumer's decision to withdraw from the contract pursuant to Art. 52.

(2) The trader shall reimburse the sums received using the same means of payment used by the consumer in the original transaction, unless the consumer has expressly agreed to the use of another means of payment and provided that there is no cost to the consumer.

(3) The trader shall not be obliged to reimburse the additional costs of delivery of the goods where the consumer has expressly chosen a method of delivery of the goods other than the cheapest type of standard delivery offered by the trader.

(4) In the case of a contract of sale where the trader has not offered to collect the goods himself, he may withhold payment of the consumer's sums referred to in paragraph (1), until he has received the goods or until the consumer has produced proof that he has sent the goods back, whichever is the earlier.
Art. 54а. (New - SG, issue no. 27 of 2013) In the case of a distance contract concluded by telephone, the contract shall enter into force and the consumer shall be bound by the offer from the day on which the provider has received the consumer's consent in writing.
Art. 55. (Am. - State Gazette, no. 64 of 2007, art. 61 of 2014, in force from 25.07.2014) (1) Where the consumer exercises his right to withdraw from the distance contract or the off-premises contract and where the trader has not offered to collect the goods himself, the consumer shall send or hand over the goods back to the trader or to a person authorised by him without undue delay and not later than 14 days from the date on which the consumer has notified the trader of his decision to withdraw from the contract under Article 52. The deadline shall be deemed to have been met if the consumer sends or delivers the goods back to the trader before the expiry of the 14-day period.

(2) The consumer shall pay only the direct costs of returning the goods under par. (1) except where the trader has agreed to pay them or where the trader has not notified the consumer that the costs of returning the goods are to be paid by the consumer.

(3) In the case of an off-premises contract where the goods were delivered to the consumer's home at the time the contract was concluded, the trader shall collect the goods at his own expense if the nature of the goods is such that they cannot be returned in the usual way by post.

(4) The consumer shall be liable only for the diminished value of the goods caused by testing them other than as necessary to ascertain their nature, characteristics and proper functioning. The consumer shall not be liable for the reduced value of the goods where the trader has not informed him of his right of withdrawal under Art. 47(1)(8)

(5) Where the consumer exercises his right of withdrawal after having made a request under Art. 48(3) or Art. 49(9), he shall pay to the trader the proportionate amount of what was actually provided to him up to the time at which the consumer notified the trader of the exercise of the right of withdrawal.

(6) The proportionate amount referred to in paragraph 5 to be paid by the consumer to the trader shall be calculated on the basis of the final price agreed in the contract. If the final price is excessive, the pro rata amount shall be calculated on the basis of the market value of what was actually provided.

(7) Where the consumer exercises his right of withdrawal, he shall not be liable for the costs of:

1. the provision of services or for the supply of water, gas or electricity, where these are not offered for sale packaged in a limited volume or in a specific quantity, or for district heating, in whole or in part, carried out during the withdrawal period, where:

a) the trader has not provided information pursuant to Article 47, para. 1, item 8 or 10, or

(b) the consumer has not expressly requested that performance of the contract commence during the period for exercising the right of withdrawal pursuant to Art. 48, para. 3.and Art. 49 para. 9, or

2. the supply in whole or in part of digital content which is not supplied on a tangible medium, where:

a) the consumer has not given his express prior consent to commence performance of the contract before the expiry of the 14-day period referred to in Art. 50, or

(b) the consumer has not confirmed that he is aware that, by giving his consent to the commencement of performance of the contract, he will forfeit his right to withdraw from the contract, or

(c) the trader has not provided confirmation of the consumer's express prior consent and acceptance of the commencement of performance of the contract in accordance with Art. 48(2) or 49(8).

(8) The consumer is not responsible for exercising the right of withdrawal, except in the cases under para. 1, 2, 4 and 5 and Art. 54, para. 3.
Art. 56. (Am. - State Gazette, no. 61 of 2014, in force from 25.07.2014) (1) Where the consumer exercises his right of withdrawal from the distance contract or the off-premises contract, any supplementary contract shall be terminated automatically without the consumer being liable for any costs, compensation and/or penalties, except for the costs provided for in Art. 54, para.3 and Art. 55.

(2) The provision of par. 1 shall not apply in respect of Article 28 of the Consumer Credit Act.
Art. 57. (Rec. - State Gazette, no. 105 of 2006, new, no. 61 of 2014, in force from 25.07.2014)

The provisions of Art. 50 – 56 on the consumer's right of withdrawal from the distance or off-premises contract shall not apply to contracts:

1. for the provision of services where the service has been fully provided and its performance has commenced with the consumer's express prior consent and confirmation that he knows that he will lose his right of withdrawal once the contract has been fully performed by the trader;

2. for the delivery 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 delivery of goods made to the consumer's order or according to his individual requirements;

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

5. for the delivery of sealed goods which have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection;

6. for the delivery of goods which, having been delivered, have by their nature become mixed with other goods from which they cannot be separated;

7. for the supply of alcoholic beverages, the price of which was agreed at the time of the conclusion of the contract of sale, where delivery can be effected not earlier than 30 days from the conclusion of the contract, and the actual value of which depends on market fluctuations beyond the control of the trader;

8. where the consumer has expressly requested the trader to visit him at his home in order to carry out urgent repair or maintenance work; where, during such a visit, the trader provides services in addition to those requested by the consumer or delivers goods other than spare parts necessary to carry out the repair or maintenance, the right of withdrawal shall apply to those additional services or goods;

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

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

11. concluded during a public tender;

12. for the supply of accommodation services not intended for living purposes, the transport of goods, the hiring out of cars, catering services or the provision of services relating 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 in a tangible medium, where performance has commenced with the express consent of the consumer, who has acknowledged that he is aware that he will thereby lose his right of withdrawal.

The commercial guarantee does not affect the rights of consumers arising from the Consumer Protection Act (Art. 112-115):

:

Art. 112. (1) In the event of non-conformity of the consumer goods with the contract of sale, the consumer shall have the right to make a claim by requesting the seller to bring the goods into conformity with the contract of sale. In this case, the consumer may choose between repairing the goods or replacing them with new ones, unless this is impossible or the method of compensation chosen is disproportionate compared to the other.

(2) A way of compensating the consumer shall be deemed disproportionate if its use imposes costs on the seller which are unreasonable in comparison with the other way of compensating, taking into account:

1. стойността на потребителската стока, ако нямаше липса на несъответствие;
2. значимостта на несъответствието;
3. възможността да се предложи на потребителя друг начин на обезщетяване, който не е свързан със значителни неудобства за него.

Art. 113. (1) (new - SG, issue no. 18 of 2011) Where the consumer goods do not conform to the contract of sale, the seller shall be obliged to bring them into conformity with the contract of sale.

(2) (Previous art. 1 - SG, no. 18 of 2011) Bringing the consumer goods into conformity with the contract of sale must be carried out within one month from the date of the complaint by the consumer.
(3) (Previous art. 2, amended - State Gazette, no. 18 of 2011) After the expiry of the period referred to in paragraph 2, the consumer shall have the right to cancel the contract and be refunded the amount paid or to request a reduction in the price of the consumer goods in accordance with Article 114
(4) (Previous art. 3 - SG, no. 18 of 2011) Bringing the consumer goods into conformity with the contract of sale shall be free of charge for the consumer. He shall not be liable for the cost of dispatch of the consumer goods or for the materials and labour involved in their repair, and shall not be subject to any significant inconvenience.
(5) (Previous art. 4 - SG, no. 18 of 2011) The consumer may also claim compensation for damages suffered as a result of the non-compliance.

Art. 114. (1) In case of non-conformity of the consumer goods with the contract of sale and where the consumer is not satisfied with the resolution of the complaint under Article 113, he shall have the right to choose between one of the following options:

1. cancellation of the contract and refund of the amount paid by him;
2. reduction of the price.
(2) The consumer may not claim a refund of the amount paid or a reduction in the price of the goods where the trader agrees to replace the consumer goods with new goods or to repair the goods within one month of the consumer making the claim.
(3) The trader shall be obliged to satisfy a request for cancellation of the contract and to refund the amount paid by the consumer where, having satisfied three consumer complaints by repairing the same goods within the guarantee period referred to in Art. 115, there is a subsequent occurrence of non-conformity of the goods with the contract of sale.
(4) The consumer may not claim cancellation of the contract if the non-conformity of the consumer goods with the contract is insignificant.

Art. 115. (1) The consumer may exercise his right under this section within two years from the date of delivery of the consumer goods.

(2) The term under Art. 1 shall cease to run during the time necessary for the consumer goods to be repaired or replaced or for the seller and the consumer to reach an agreement to resolve the dispute.
(3) The exercise of the consumer's right under subsection para 1. shall be subject to the provisions of paragraph 1 shall not be subject to any time limit for bringing a claim other than the time limit referred to in para. 1.

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