Online Store Terms and Conditions in Bulgaria: Legal Requirements and Risks

As of 24 September 2026, the principal framework includes the Bulgarian Consumer Protection Act, the Electronic Commerce Act, the Act on the Provision of Digital Content and Digital Services and the Sale of Goods, the General Data Protection Regulation (GDPR) and applicable European Union consumer law. 

Terms and Conditions bind a consumer where they have been provided to the consumer and the consumer has agreed to them. Under Article 147a of the Consumer Protection Act, the burden of proving acceptance and receipt rests with the trader, while a contractual declaration stating that the consumer has received and accepted the Terms and Conditions does not, by itself, prove their actual acceptance and receipt. 

In electronic commerce, Article 9 of the Electronic Commerce Act requires the Terms and Conditions and contractual content to be made available in a manner that allows them to be stored and reproduced. The online contracting process should therefore enable the consumer to retain the applicable text and enable the trader to establish reliably which version applied to and was accepted for a particular order. A changeable webpage without reliable version history creates a significant evidential risk. 

In practice, each order should be technically linked to the specific version of the Terms and Conditions that applied at the time. This can be achieved through document versioning, retention of the applicable text and a record of the affirmative action by which the consumer accepted it. 

Where placing an order creates an obligation to pay, the consumer must, immediately before submitting the order, be shown clearly and prominently the essential information required by Article 49(2) of the Consumer Protection Act, including the main characteristics, total price and, where applicable, the duration of the contract and the minimum duration of the consumer's obligations. 

If the order is placed by activating a button or a similar function, that button must be labelled with the equivalent of "order with obligation to pay" or another equally unambiguous formulation showing that activating it creates a payment obligation. In determining compliance, the wording displayed on the button or similar function itself is decisive rather than information appearing elsewhere on the webpage. If this requirement is not met, the consumer is not bound by the contract or order. 

Additional paid products or services require the consumer's express consent. Where the trader uses a pre-selected paid option that the consumer must reject to avoid the extra charge, the consumer is entitled to reimbursement of the additional amount. The trader bears the burden of proving that express consent was obtained. 

After the contract has been concluded, the trader must provide confirmation on a durable medium within a reasonable period and no later than delivery of the goods or before performance of the service begins. The confirmation must contain the required pre-contractual information unless that information was already provided on a durable medium. 

As a general rule, a consumer may withdraw from a distance contract within 14 days without giving a reason. For service contracts, the period begins when the contract is concluded. For sales of goods, it generally begins when the goods are received. Specific rules apply to digital content not supplied on a tangible medium. 

The trader must provide advance information on the conditions, time limit and procedure for exercising the right of withdrawal, together with the model withdrawal form. Where the required information on the withdrawal right is not provided, the withdrawal period may be extended for up to one year after the expiry of the original 14-day period. If the information is subsequently provided within that additional year, the consumer has 14 days from receiving it. 

Where the withdrawal right is validly exercised, the trader must reimburse the payments received, including the standard delivery cost, without undue delay and no later than 14 days after being informed of the withdrawal. The refund must generally be made using the same payment method unless the consumer expressly agrees otherwise and incurs no cost as a result. The trader is not required to reimburse additional delivery costs resulting from the consumer's choice of a more expensive delivery method than the cheapest standard option offered. 

For sales of goods, the trader may withhold reimbursement until the goods have been returned or until the consumer provides evidence that they have been sent back, whichever occurs first. The consumer generally bears the direct cost of returning the goods only if the trader informed the consumer of that cost in advance. 

The consumer may be liable for diminished value resulting from handling beyond what is necessary to establish the nature, characteristics and proper functioning of the goods. This rule is distinct from the statutory exceptions where no withdrawal right exists. 

The exceptions to the 14-day right of withdrawal are prescribed by Article 57 of the Consumer Protection Act and cannot be expanded through a trader's Terms and Conditions. 

Relevant exceptions include goods made to the consumer's specifications or clearly personalised, goods liable to deteriorate or expire rapidly, and certain sealed goods which, after being unsealed following delivery, are not suitable for return due to health protection or hygiene reasons. 

The hygiene exception must be interpreted restrictively. In Decision No. 363 of 17 January 2019 in Commercial Case No. 1900/2018, the Bulgarian Supreme Court of Cassation held that the exception concerns goods which, by their nature and intended use, become entirely unsuitable for reuse by another consumer after being unsealed for health or hygiene reasons. A trader cannot therefore remove the statutory withdrawal right merely by labelling an ordinary product as a "hygiene item" in its Terms and Conditions. 

For digital content not supplied on a tangible medium, the withdrawal right may be lost where performance begins after the statutory requirements have been satisfied, including the consumer's express prior consent and acknowledgment that the right of withdrawal will be lost once performance begins. 

As of 24 September 2026, the principal Bulgarian regime governing conformity of goods, digital content and digital services is contained in the Act on the Provision of Digital Content and Digital Services and the Sale of Goods. An online store's Terms and Conditions should not present the consumer's statutory rights as if they were a voluntary guarantee offered by the trader. 

For goods, a consumer may submit a conformity complaint within the statutory two-year period following delivery. For digital content and digital services, the applicable periods depend on whether the contract provides for a single act of supply or continuous supply, with continuous supply potentially subject to the conformity obligation throughout the contractual period. 

A commercial guarantee is an additional undertaking given by a seller or manufacturer. It does not replace or restrict the consumer's statutory remedies for lack of conformity. A commercial guarantee statement must make clear that the consumer's statutory remedies remain unaffected. 

For complaints concerning goods, the seller must maintain a complaints register. The complaint is entered in the register and the consumer must receive a document stating the date, registration number, type of goods and signature of the person who accepted the complaint. The legislation also provides for complaints to be accepted through the seller's website where the goods were ordered online. 

Terms and Conditions should not impose additional procedural barriers that make the exercise of statutory consumer rights more difficult than permitted by law. 

An unfair term is a contractual provision which, contrary to the requirement of good faith and to the detriment of the consumer, causes a significant imbalance in the parties' rights and obligations. The Bulgarian regime is contained in Articles 143 to 146 of the Consumer Protection Act. 

Particular care is required with clauses granting the trader excessively broad rights to change the price or other material terms unilaterally, restricting statutory liability, placing disproportionate obstacles on the exercise of consumer rights or granting unilateral rights to the trader without corresponding protection for the consumer. Whether a specific provision is unfair depends on its wording, contractual context and any applicable statutory exceptions. 

An arbitration clause between a trader and a consumer referring a consumer dispute to arbitration outside the statutory alternative consumer dispute resolution framework is invalid. Consumer court proceedings are also subject to the special jurisdiction rules under Article 113 of the Bulgarian Code of Civil Procedure. 

Consumer terms must be drafted in clear and unambiguous language. Where the meaning of a term is doubtful, it is generally interpreted in the manner most favourable to the consumer. The invalidity of an unfair term does not automatically invalidate the entire contract where the contract can continue to operate without that term. 

Acceptance of Terms and Conditions does not automatically constitute consent to every processing operation involving personal data. Each processing activity must have an appropriate legal basis under the GDPR. 

Personal data necessary for entering into and performing an order may be processed under Article 6(1)(b) GDPR to the extent that the processing is necessary for performance of a contract with the individual or for taking steps at the individual's request before entering into the contract. Consent should not artificially be used for processing whose actual legal basis is contractual necessity. 

Bulgarian electronic commerce rules require prior consent before unsolicited commercial communications are sent by email to consumers. Cookies and similar technologies require a separate assessment under the applicable rules and, where consent is required, that consent should not be bundled with acceptance of the Terms and Conditions. 

Information concerning personal data processing must be presented transparently and accessibly in accordance with the GDPR. In practice, an online store will normally provide this information through a separate Privacy Policy identifying the purposes and legal bases of processing, categories of recipients, applicable retention periods or criteria and the rights available to data subjects. 

An online marketplace must provide additional pre-contractual information, including information on the main parameters determining the ranking of offers and whether the third-party seller is a trader. Where the third party is not a trader, consumers must be informed that EU consumer protection rights do not apply to their contract with that person. 

For subscription models, the Terms and Conditions and pre-contractual information should clearly state the price and billing frequency, the duration of the contract and, for indefinite or automatically renewable contracts, the conditions for termination. The contractual wording should correspond to the actual process through which the consumer purchases and manages the subscription. 

For fintech services, payment services and crypto-asset activities, Terms and Conditions cannot substitute for any applicable authorisation, licensing or registration requirement. Crypto-asset activities may fall within Regulation (EU) 2023/1114 on Markets in Crypto-Assets (MiCA) and the Bulgarian Markets in Crypto-Assets Act, together with other applicable sector-specific legislation. 

The Bulgarian Consumer Protection Commission has supervisory and enforcement powers concerning breaches of consumer legislation, including requirements relating to pre-contractual information, distance contracts, withdrawal rights, unfair commercial practices and other obligations applicable to online traders. 

The amount and legal basis of any sanction depend on the specific infringement. There is therefore no single penalty applicable to every defect in an online store's Terms and Conditions or checkout process. 

For widespread infringements or widespread infringements with a Union dimension falling within the conditions of Regulation (EU) 2017/2394 and the relevant coordinated enforcement procedure, Article 203 of the Consumer Protection Act provides for a pecuniary sanction that may reach 4 per cent of the turnover determined under the applicable statutory provision. Where the necessary turnover information is unavailable, the statutory maximum may reach EUR 2,000,000. This is not a general maximum penalty for every online consumer law infringement and applies only where the statutory conditions for the relevant category of infringement are met. 

A legal review of an online store should cover the contractual documentation, the user interface and the technical logic of the ordering process. Legally accurate Terms and Conditions do not cure a violation embedded in the actual checkout flow. 

The website should provide the required identification and pre-contractual information about the trader. Before an order is submitted, the consumer should be shown the information required for the relevant goods or services, the total price, additional charges and applicable contractual terms. The final ordering button must itself clearly indicate that submitting the order creates an obligation to pay. 

Acceptance of the Terms and Conditions should result from a clear affirmative action by the consumer and should be technically recorded together with the applicable version. Following conclusion of the contract, the required information and contractual confirmation should be provided on a durable medium. 

Information on the right of withdrawal, the model withdrawal form and return costs should reflect the specific type of contract. Statutory conformity rights should be distinguished from any commercial guarantee, while complaint procedures should reflect the currently applicable special legislation. 

Personal data and electronic marketing rules should be separated from contractual acceptance of the Terms and Conditions, with the correct legal basis applied to each processing activity. 

Vassilev & Chisuse Law Firm provides legal assistance to companies operating in e-commerce, digital platforms, software subscriptions and regulated digital services. Legal assistance may include audits of online stores and platforms, preparation and review of Terms and Conditions and Privacy Policies, structuring of distance consumer contracts, legal review of checkout processes, and representation before the Bulgarian Consumer Protection Commission, the Commission for Personal Data Protection and the courts in relevant proceedings. 

This material is provided for general information purposes only. It does not constitute individual legal or regulatory advice or a recommendation to take or refrain from any particular action. Each online business model has specific characteristics that may require individual legal analysis before contractual and consumer documentation is published or amended.