Consumer’s Reader: You do not have the right to refuse a product purchased online, in which cases and what can be done?

The publication is based on material on the website of the Bulgarian National Association "Active Users" (BNAAP)

When trying to return an item purchased online, have you heard the phrases:

"You cannot return the product because it has been tried!"

"It was not returned in its original packaging and therefore we refuse to accept it back!"

"There is no law that makes me accept unwrapped product!"

"You owe us a 20% penalty if you've tried the product, but off the price without the discount!"

"You have waived your right of withdrawal, you cannot return the juicer!"

All of these arguments are illegal and should not stop you from filing a complaint with the trader.

The right of withdrawal is guaranteed to the consumer in the Consumer Protection Law

And have you read the General Terms and Conditions on the traders’ websites before buying something or subscribing to a service? Our advice and that of BNAAP is to do it. Often you can find clauses there that are null and void because the Consumer Protection Act does NOT allow such clauses.

For example, if it says that the consumer must return the product, packaged in a way that ensures its good appearance and necessarily with an option for inspection, otherwise the trader can refuse to accept the rejected product, such a clause is void.

The trader has no grounds to refuse the return of a product purchased online if the consumer has notified him within 14 days of the purchase.

Did you know that the merchant is obliged to inform you in advance that in case of refusal, you, the consumer, bear the costs of return, and this should be written in the general terms and conditions - another reason to consider them. If he has not described it and also if he has informed you that he bears the cost, it is not your obligation.

Pre-negotiating a penalty when trying the product is also illegal!

It is normal to test an appliance at home to see if it is functioning properly. This cannot be a reason for the trader not to refund you in full if you have declared the refusal within 14 days. But a lot depends on how the product is tested. The law says the trial must be as "necessary," but it doesn't define what that means.

However, there are cases where the user does not have the right to opt out of purchasing

Of course there are cases where you cannot return an item. These are products that for hygienic reasons cannot be returned such as cosmetics, products with a short shelf life such as food, personalized in a special order  for you products, goods or services which price depends on fluctuations in the financial market, bulk goods that are were mixed with others and thus became unusable, newspapers and periodicals, etc., which are listed in Art. 57 of the Consumer Protection Act of Bulgaria.

What can be done when you are in an unclear hypothesis of the law?

If you find yourself in a situation that is not well explained by the law, for example, you tried a product, it did not meet your expectations of functioning, but the merchant claims that you wasted it and refuses to accept it or insists on not compensating you for the value . Either you purchased a product that falls within the scope of the opt-outs, or it is not very clear whether it falls within them.

In all such cases, it is necessary to contact the merchant and make an attempt to negotiate. It is necessary to submit a verbal or written complaint in its communication channels. Find out beforehand how and where this can be done in the General Terms and Conditions.

One way is to file a complaint with our Alternative Dispute Resolution Center (ADR) NAIS. ADR is a procedure that helps the parties to find a solution when it is not clear who is in the right and who is not. Participation in such a procedure is voluntary, but if the trader is solid, cares about his customers and is willing to go that last distance to make his customer happy, to listen to her dissatisfaction after the purchase, he should agree to negotiate .

At the NAIS ADR Center, complaints are submitted quickly and easily on our online platform. The trader decides whether to choose direct negotiations with his customer or to go straight to mediation, where an impartial and neutral third party is involved to help resolve the dispute.

Follow the news on nais.bg for more news in the field of alternative dispute resolution.

Published on 03.05.2024 Back to news