The current legal framework on consumer protection is set forth by the Consumer Protection Law (the “CPL”) effective as of June 10, 2006. The consumer protection rules applicable in Bulgaria are equivalent to the EU rules since the governing CPL implements on national level Directive 98/6/EC, Directive 97/55/EC, Directive 85/577/EEC, Directive 97/7/EC, Directive 2001/95/EC, Directive 1999/44/EC, Directive 85/374/EEC, Directive 93/13/EEC, Directive 94/47/EC, Directive 98/27/EC, Directive 2005/29/EC.

In general, the CPL aims to ensure protection of the fundamental consumer rights, namely the right to information regarding the goods and services, to protection against the risks of goods and services that are hazardous to consumers' life, health or property, to protection of consumers’ economic interests with regard to unfair commercial practices and methods of sale, unfair contractual terms, and provision of guarantees associated with consumer goods, to indemnification for damages caused by defective goods, etc. The CPL has further introduces the principle that the rights granted to consumers may not be restricted. Any stipulation which excludes or restricts consumer rights a priori shall be void. Any waiver of rights granted to consumers under the CPL shall be also void.

The CPL defines consumer as any individual who acquires goods or uses services for purposes that do not fall within the sphere of his or her commercial or professional activity, and any individual who, as a party to a contract under the CPL, acts in a capacity other than his or her commercial or professional capacity.

Pursuant to the CPL prior to the sale of a goods or the provision of a service, the merchant is obliged to provide consumers with adequate information enabling them to make their choice, including all characteristics of the goods or service, such as composition, packaging, instructions for use, assembly and maintenance, price, quantity, method of payment, dangers related to the customary use, maintenance, usage conditions, guarantee terms and conditions, shelf-life. The merchant is obliged to provide this information in writing in Bulgarian or in another appropriate manner which enables its perception by the consumer.

Under the CPL the merchant shall offer consumers products labeled in Bulgarian language only or in other language including in Bulgarian, with the exception of cases where the compulsory content of the label may be provided by using common symbols such as pictographs and other signs, or through use of designations of origin of the goods that are universally known. 

In conformity with the EU rules the CPL provides explicit requirement regarding the instruction for use of the goods as well as regarding indication of goods/services prices. Indication of prices is regulated by the CPL in details. Some of the requirements include: (i) the price of the goods shall be displayed in advance in a clearly visible place and in immediate proximity to the goods; (ii) the selling price of the goods offered in catalogues must be indicated in proximity to its photo or description; (iii) the selling price and the unit price of goods must be unambiguous, easily intelligible, clear and not deceiving the consumers; (iv) the prices of the goods must be in Bulgarian leva and shall be indicated per unit of measurement or per single unit of quantity; etc.

Any good that could be used if certain technical knowledge is available or that contains dangerous substances or the use whereof presupposes possession of special skills or compliance with special safety requirements, shall be accompanied by instructions for use prepared by the producer.

The CPL further provides for special requirements regarding the contracts concluded outside the business premises and the distance contracts. Pursuant to the statutory provisions a contract concluded outside the business premises shall be a contract between a merchant and a consumer for supply of goods or services which is concluded during a visit by the merchant to the consumer's place of work, home or to the home of another consumer, where the visit does not take place at the express request of the consumer, or a contract concluded during an excursion organized by the trader away from the business premises thereof. In such cases, the merchant is obliged to inform the consumer of his or her right to cancel the contract, stating the name and the address of the merchant and the manner of exercising said right. The consumer shall have the right to cancel in writing any contract concluded outside the business premises without compensation or penalty by giving the trader a notice of cancellation within a period of seven days as of the day of receipt of the information referred to above.

A distance contract shall be any contract concluded on the basis of an offer by a supplier to a consumer as part of an organized distance-sales or service-provision scheme without the simultaneous physical presence of the parties during the period from the date on which the offer is made up to the time at which the contract is concluded, where means of distance communication such as printed matter, catalogues, telephone, facsimile, etc are used. The CPL explicitly stipulates that the following means of distance communication shall require the consumer's prior consent: (i) automated calling systems without human intervention; (ii) fax machines; (iii) electronic mail.  Prior to conclusion of any distance contract, the supplier shall provide the consumers with information regarding the name and address of the supplier, the main characteristics of the goods or services, their price including all taxes and fees, the arrangements for payment, delivery or performance of the contract, the consumer's right of withdrawal from the contract and the conditions whereunder the goods may be returned or the service may be declined, etc. The law prohibits the supplier to accept payment in advance, except subject to the explicit consent of the consumer. In accordance with the CPL, the consumer shall have the right to withdraw from a distance contract without compensation or penalty and without giving any reason within a period of seven working days, as of the date of receipt of the goods or conclusion of the contract, whereas in the cases of distance contract for financial services the consumer may exercise the right to withdraw a within a period of fourteen days.

Producers of goods and service providers are obliged to offer only safe goods and services to consumers, whereas a safe goods or service shall be any good or service which, under normal and reasonably foreseeable conditions of use, including duration of use, putting into service, installation and maintenance, does not present any risk to consumers' health and life or if such risk is minimal, compatible with the use of the goods or service and is considered to be acceptable and consistent with a high level of consumer protection. A good or service shall be considered to be safe in respect of the risks and risk categories covered by Bulgarian standards transposing European standards, as published by the European Commission in the Official Journal of the European Union.

The CPL regulates the consumer goods warranties as well.  In conformity with the EU legislation, the Bulgarian statute provides that if the consumer goods do not corresponded to the agreement and such discrepancy becomes apparent within six months of delivery, it is presumed that it existed at the time of delivery, unless it is proven that the lack of conformity is due to the nature of the goods or to the nature of the lack of conformity. The consumer shall be entitled to make a complaint regardless of whether the producer or trader has provided a warranty for said goods or services. In terms of timing, the complaints might be made within two years after delivery of the goods but not later than two months after finding the discrepancy, whereas complaints in respect of services may be addressed within fourteen days after finding of the discrepancy. If a warranty has been provided to the consumer and the duration of the said warranty exceeds the periods of limitation provided above the complaint may be made during the warranty period.

The CPL also regulates the liability of producers, distributors and traders for any damage caused by a defective product produced or supplied by them.

The competent coordination and implementation authority in the field of consumer protection is the Minister of Economy, Energy and Tourism, where the controlling authority is the Commission on Consumer Protection with the Minister of Economy, Energy and Tourism, which has head office in Sofia and regional units throughout the territory of the country. Further, the National Consumer Protection Council is the competent an advisory body with the Minister of Economy, Energy and Tourism.