Warranty

WARRANTY.

The commercial guarantee does not affect the rights of consumers arising from the provisions of Chapter Four "Complaints" of the LAW ON THE PROVISION OF DIGITAL CONTENT AND DIGITAL SERVICES AND THE SALE OF GOODS.

Irrespective of the trade guarantee, the trader is responsible for the lack of conformity of the consumer goods with the contract of sale, according to the conditions of art. You can also get acquainted with the specific legal texts at

return of products.

DEAR CLIENTS,

In respect of respecting your rights and observing the Consumer Law, it is important for us to know that according to:

Art. 112 (1) In case of non-compliance of the consumer goods with the sales contract, the consumer has the right to file a claim by asking the seller to translate the goods in accordance with the sales contract. In this case, the consumer can choose between repairing the product or replacing it with a new one, unless this is impossible or the method of compensation chosen by him is disproportionate to the other.

(2) It is considered that a method of compensation to the consumer is disproportionate if its use imposes a cost on the seller, who is unreasonable in comparison with the other mode of compensation, taking into account:

    the value of the consumer good if there was no lack of conformity;
    the importance of non-compliance;
    the opportunity to offer the consumer another way of compensation that does not involve significant inconvenience to the consumer.

Art. 113 (1) Where the consumer goods do not comply with the sales contract, the seller shall be obliged to bring them into conformity with the sales contract.

(2) The adjustment of the consumer goods in accordance with the sales contract must be made within one month from the submission of the complaint by the consumer.

(3) After the expiration of the term under para. 2, the consumer has the right to cancel the contract and to be reimbursed to him or to request a reduction of the price of the consumer goods according to Art. 114

(4) Bringing consumer goods into conformity with the sales contract is free of charge to the consumer. It owes no expense to the shipment of consumer goods or materials and labor associated with its repair and should not incur significant inconvenience.

(5) The consumer may also claim compensation for the damage suffered as a result of the non-compliance.

Art. 114 (1) In case of non-compliance of the consumer goods with the sales contract and when the consumer is not satisfied with the resolution of the claim under Art. 113, he has the right to choose from one of the following options:

    Termination of the contract and reimbursement of the amount paid by it;
    Price Reduction.

(2) The consumer may not claim a refund or a reduction in the price of the goods when the trader agrees to replace the consumer goods with a new one or to repair the goods within one month from the filing of the complaint by the consumer.

(3) The trader shall be obliged to satisfy a request for termination of the contract and to recover the amount paid by the consumer when, after having satisfied three claims of the consumer by performing repair of the same goods, within the term of the guarantee under Art. 115, there is a subsequent occurrence of non-conformity of the goods with the sales contract.

(4) The consumer may not claim the termination of the contract if the non-compliance of the consumer goods with the contract is negligible.

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

(2) The term under para. 1 ceases to run for the time necessary to repair or replace the consumer good or to reach an agreement between the seller and the consumer to resolve the dispute.

(3) The exercise of the consumer's right under para. 1 shall not be bound by any other term for filing a claim other than the term under para. 1.

Art. 119 (1) The application for the provision of a commercial guarantee shall contain obligatory information on:

    Consumer rights arising from the guarantee under Art. 112-115, and clearly states that the commercial guarantee does not affect the consumer rights arising from the guarantee under Art. 112-115, and more specifically that regardless of the commercial guarantee the seller is responsible for the lack of conformity of the consumer goods with the contract of sale under the guarantee under Art. 112 - 115;
    The contents and scope of the commercial guarantee;
    The essential elements necessary for its implementation, in particular: the ways in which claims can be made; term of the commercial guarantee; territorial scope of the commercial guarantee; the name and address of the person providing the commercial guarantee and the name and address of the person to whom the commercial guarantee may be lodged, where that person is different from the person providing the commercial guarantee.

(2) In case the commercial guarantee is provided by a manufacturer who does not have a representative on the territory of the country, and in the application for providing a commercial guarantee there is no information under para. 1, item 1, this information shall be provided to the consumer in an appropriate manner by the seller.

(3) The information under para. 1 should be clear, comprehensible and easy to read. The information must be provided in Bulgarian.

In accordance with the Consumer Protection Act and European Directive 1999/44 / EC, the manufacturer provides a two-year warranty on the product manufactured by him.

Due to the high quality of the certified certified materials used in its own production or by proven manufacturers and 20 years of experience in the development and production of upholstered furniture, Yambol Commerce Ltd. provides the full commercial guarantee to its customers.

THE WARRANTY COVERS

    All products manufactured by Yambol Commerce Ltd. under the brand name NEW HOME, which in the warranty period under normal use showed hidden production defects.
    Difference of the purchased product with the individual labeled model. Discrepancy between the sizes of the purchased product and the previously mentioned ones by more than 3% in width, length and thickness.
    A mismatch that occurred during the operation during the warranty period, resulting in irreversible elastic deformation of the interior of the sofa by more than 2 centimeters from the straight line, the outermost line of the missing element, and is the result of normal operation.

NO WARRANTY COVERED

    Defects caused by misuse of the purchased product as noted in the warranty card and instruction manual.
    Defects caused by the customer due to careless transport or misuse.
    Defects resulting from external influences, mechanical damage, increased humidity, repair attempts, etc. caused by the client or third parties.
    Defects resulting from prolonged storage, cleaning of the product with abrasive or unsuitable preparations, from pets, etc.
    Discrepancies resulting from storage or use under unnatural conditions of contamination or moisture.
    The expected deformation of the exterior due to the natural effect of the operation over time.
    Visual changes in the decorative and backrests with granular or fluffy pads due to natural operation and removable at home.
    When the client is unable to provide the necessary documents for filing a claim.

If necessary, Yambol Commerce Ltd. offers post-warranty repair of all its furniture, the service is paid by the customer according to the manufacturer's price list.

ACCORDING TO THE LAW ON THE PROVISION OF DIGITAL CONTENT AND DIGITAL SERVICES AND ON THE SALE OF GOODS

Art. 33. (1) When the goods do not meet the individual requirements for conformity with the contract, the objective requirements for conformity and the requirements for assembly or installation of the goods, the consumer shall have the right:

1. to file a complaint, asking the seller to bring the goods in compliance;

2. to receive a proportional reduction of the price;

3. to terminate the contract.

(2) In the cases under par. 1, item 1, the consumer may choose between repair or replacement of the goods, unless this proves impossible or would lead to disproportionately high costs for the seller, taking into account all the circumstances of the case, including:

1. the value that the goods would have had if there had been no lack of conformity;

2. the significance of the non-compliance, and

3. the possibility to provide the other means of protection to the consumer without significant inconvenience to the consumer.

(3) The seller may refuse to bring the goods in compliance if the repair and replacement are impossible or if they would lead to disproportionately high costs for it, taking into account all the circumstances, including those under para. 2, items 1 and 2;

(4) The consumer has the right to proportionally reduce the price or to cancel the contract of sale in the following cases:

1. the seller has not performed repair or replacement of the goods according to art. 34, para. 1 and 2 or, when applicable, has not performed repair or replacement according to art. 34, para. 3 and para. 4 or the seller has refused to bring the goods in compliance with para. 3;

2. there is a discrepancy despite the actions taken by the seller to bring the goods in compliance; in case of non-conformity of durable goods and goods containing digital elements, the seller has the right to make a second attempt to bring the goods in compliance within the warranty period under Art. 31;

3. the non-compliance is so serious as to justify an immediate reduction in the price or cancellation of the contract of sale, or

4. the seller has stated or it is clear from the circumstances that the seller will not bring the goods into conformity within a reasonable time or without significant inconvenience to the consumer.

(5) The consumer has no right to terminate the contract if the discrepancy is insignificant. The burden of proving that the non-conformity is insignificant is borne by the seller.

(6) The consumer has the right to refuse the payment of the remaining part of the price or of part of the price until the seller fulfills his obligations for bringing the goods in compliance.

Art. 34. (1) The repair or replacement of the goods shall be carried out free of charge within a reasonable term, as of notifying the seller by the consumer of the non-conformity and without significant inconvenience to the consumer, taking into account the nature of the goods and the purpose for which they were needed. of the user.

(2) For goods other than goods containing digital elements, the repair or replacement of the goods shall be carried out free of charge within one month from the notification of the seller by the consumer of the non-conformity and without significant inconvenience to the consumer, taking into account the nature of the goods and the purpose for which they were needed by the consumer.

(3) When the non-conformity is eliminated by repair or replacement of the goods, the consumer shall make the goods available to the seller. When exchanging goods, the seller takes the replaced goods back from the consumer at his own expense.

(4) Where the repair requires the dismantling of the goods which were installed in accordance with their nature and purpose before the non-conformity occurred, or where those goods are to be replaced, the seller's obligation to repair or replace the goods includes the dismantling of the goods which do not correspond, and the installation of replacement goods or repaired goods, or bearing the costs of dismantling and installing the goods.

(5) The consumer does not owe payment for the usual use of the replaced goods for the time before their replacement.

Art. 35. The reduction in price is proportional to the difference between the value of the goods received by the consumer and the value that the goods would have had in the absence of non-conformity.

Art. 36. (1) The consumer shall exercise his right to terminate the contract through an application to the seller, by which he shall notify him of his decision to terminate the contract of sale.

(2) When the non-conformity refers only to some of the goods, delivered according to the contract of sale, and there is a ground for annulment of the contract according to art. 33, the consumer has the right to terminate the contract of sale only in respect of those non-conforming goods, as well as in respect of all other goods which he has acquired together with the non-conforming goods, if it cannot reasonably be expected that the consumer will agree to keep only the goods that correspond.

(3) When the consumer terminates the contract of sale in whole or in part only in respect of some of the goods delivered under the contract of sale, the consumer shall return these goods to the seller without undue delay and no later than 14 days from the date has notified the seller of its decision to terminate the contract of sale. The deadline is considered met if the consumer has returned or sent the goods back to the seller before the expiry of the 14-day period. All costs for returning the goods, incl. Shipping of the goods are at the expense of the seller.

(4) The seller shall refund to the consumer the price paid for the goods after their receipt or upon presentation of proof by the consumer for their sending to the seller. The seller is obliged to refund the amounts received using the same means of payment used by the consumer in the initial transaction, unless the consumer has expressly agreed to use another means of payment and provided that this does not involve costs for the consumer.

Art. 41. The user has the right to file a complaint for:

1. non-provision of the digital content or the digital service according to art. 16;

2. inconsistency of the digital content or the digital service according to art. 17 and 18 to align digital content or digital service;

3. non-conformity of the goods, incl. of the goods containing digital elements, according to art. 33 - 36.

Art. 42. (1) The consumer has the right to file a claim for the goods, incl. of goods containing digital elements, regardless of whether the manufacturer or seller has provided a commercial guarantee for them.

(2) When the producer or the trader has provided a commercial guarantee for the goods, incl. of the goods containing digital elements, and the alignment of the goods is carried out by replacement, the seller is obliged to keep the consumer's original warranty conditions. When the claim is satisfied by repairing the goods, the repairs are reflected in the warranty card and the repair period is added to the warranty period.

Art. 43. (1) The complaint of digital content or digital service shall be presented to the trader or to a person authorized by him. Complaints about goods, incl. of goods containing digital elements shall be presented to the seller or to a person authorized by him.

(2) The complaint shall be submitted orally or in writing.

(3) When filing a complaint, the consumer shall indicate the subject of the complaint, his preferred way of satisfying the complaint, respectively the amount of the claimed amount, and a contact address.

(4) When submitting a complaint, the consumer shall obligatorily apply the documents on which the claim is based:

1. receipt, invoice or document certifying the payment;

2. protocols, acts or other documents establishing the non-conformity of the digital content or the digital service or of the goods, incl. of goods containing digital elements;

3. other documents establishing the claim on grounds and amount.

Art. 45. (1) The reclamation of the goods may be filed up to two years, as of the delivery of the goods.

(2) Complaints of goods containing digital elements may be filed within:

1. two years from the delivery of the goods and the provision of the digital content or digital service, where the contract of sale provides for a one-off provision of digital content or digital service;

2. two years from the delivery of the goods and the commencement of the continuous provision of the digital content or digital service, where the sales contract provides for the continuous provision of the digital content or digital service within a certain period of time;

3. the period of time during which the digital content or digital service must be provided / provided, according to the sales contract, when the contract provides for continuous provision of digital content or digital service for a period longer than two years.

(3) The term under par. 1 and 2 shall cease to run during the time necessary for bringing the goods, incl. of goods containing digital elements in accordance.

(4) If the producer or the seller has provided a commercial guarantee for the goods and the term of the guarantee is longer than the terms for filing a claim under para. 1 and 2, the claim may be filed until the expiration of the commercial guarantee under the conditions specified therein.

Art. 46. ​​Traders providing digital content and digital services and sellers of goods, incl. of goods containing digital elements are obliged to accept consumer complaints if they are submitted in a timely manner.