If you are a company that needs adequate legal support in the field of consumer law, such as promotions, advertising, commercial practices and other matters, then you are in the right place.
Consumer law is a unit that deals with the relations between individuals, in their capacity as consumers of goods and services, and traders who offer such. The normative act regulating these relations is the Consumer Protection Act. The state body that monitors compliance with legal requirements and their proper implementation is the Consumer Protection Commission / CPC /.
Subject to significant control by the CPC are the clauses of general conditions generated by traders, and more specific on whether they contain unequal moments. An unequal clause in a contract concluded with a consumer is a stipulation to the detriment of the consumer which does not meet the requirement of good faith and leads to a significant imbalance between the rights and obligations of the trader or supplier and the consumer; releases from liability or limits the liability of the manufacturer, trader or supplier arising from law in the event of death or personal injury to the consumer caused by the action or omission of the trader or supplier; excludes or restricts the rights of the consumer, arising by law, in relation to the trader or supplier or another person in case of full or partial non-performance or incorrect performance of contractual obligations. Еxcluding the possibility of set-off an obligation to the trader or supplier with another counterclaim that he has against him; Obligation for the consumer in case of non-fulfillment of his obligations to compensation or penalty and other clauses imposing similar conditions. Unfair clauses in the contract are void, unless agreed individually.
Another topic of interest to the CPC is that of unfair commercial practice. According to the CPA, a commercial practice is unfair if it contradicts the requirement of good faith and professional competence and if it changes or may significantly change the economic behavior of the average consumer who’s affected or targeted.
Most often, the Commission appoints an inspection due to a signal or complaint, as well as in self-referral. If it deems that a violation has been committed, the CPC issues an act for establishing an administrative penalty under the terms and conditions provided in LAPV/ Law on Administrative Penalties and Violations /. In case the act is confirmed, a penal decree is issued to impose a penalty – a fine.
Ivanchov & Partners Law Firm offers the following in the field of consumer law:
– Legal assistance regarding preparation of General Terms and Conditions, distance contracts;
– Support regarding complaints from consumers;
– Representation before the Consumer Protection Commission, as well as before Bulgarian courts;
– Assistance in negotiations for out-of-court settlement of a dispute, incl. concluding an agreement;
– Statements and analyzes in connection claims for damages from defective goods.
– Assistance in initiatives related to advertising, promotions, commercial practices, etc.
– Comprehensive support regarding consumer law.
If you want us to help you resolve legal issues regarding consumers law, contact us at + 359 2 995 09 08 or by email: firstname.lastname@example.org