The development of modern technologies has led to a change in the way of concluding a contract for many different services. There was a need to build a legal framework in order to optimize the process of concluding and operating the contract for distance sales.

In the Republic of Bulgaria, the institution of this type of contract is regulated in the Consumer Protection Act, as well as in various European directives (Directive 2011/83/EU of the European Parliament and of the Council of October 25, 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC)

The main characteristic of the distance contract is that it covers all cases where a contract is concluded between a trader and a consumer within an organized system of distance sales or for the provision of services at a distance, using exclusively one or more means of communication from distance (such as mail order, Internet, telephone or fax) to the moment of conclusion of the contract, including the conclusion of the contract. This definition should also cover cases where the consumer visits the commercial establishment only for the purpose of gathering information about the goods or services and subsequently negotiates and concludes the contract at a distance. The contract is concluded between the trader and the consumer. Distance sales contracts are: sales contracts; service contracts; contracts for the supply of electricity, gas, water, heating.

Content of the contract

The distance contract should contain mandatory details, and the information should be presented in a clear, understandable and user-friendly way. In the event that the contract does not meet these requirements, the trader is subject to property sanctions due to an administrative violation committed according to the provisions of the Civil Code. From the information specified in the contract, the following must be visible: the main characteristics of the goods or services; the merchant’s identity (trade name, address, telephone number, email); the final price of the goods or services including all taxes; where applicable, the terms of payment, delivery, performance, the time in which the trader undertakes to deliver the goods or perform the service, and the trader’s intended way of dealing with complaints. In the decision of the European Court in case C 380/19, the methods for resolving disputes when concluding a distance contract. According to the decision, a trader who makes available on his website the general terms and conditions of sales or service contracts, but does not conclude contracts with consumers through that website, is obliged to include in those general terms and conditions information about the structure or structures for alternative dispute resolution, within whose jurisdiction it falls when it engages or is required to resort to that structure or structures for the resolution of consumer disputes, or in this regard it is sufficient that the said trader either includes this information in other documents available on this website or in other sections of the same, or to provide the specified information to the user when concluding the contract, to which the specified general conditions apply, by means of a different document.

On e-commerce websites, merchants must indicate in a clear and legible manner at the latest when starting the ordering process whether there are restrictions on the delivery of the goods and what means of payment are accepted.

In the future, an ever greater increase in the number of contracts concluded at a distance is expected. VP solutions can prepare all necessary documents and texts for you. In addition, our team offers highly qualified staff who, depending on your site and the offered goods, can prepare general rules, conditions for the protection of personal data, use of cookies, description of connections with social networks and much more. Let’s work together!

Author: V.Zh.

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