XIII Warranty. Right to complain
Art. 57. (1) All goods on www.cosatto.bg are covered by a legal guarantee of conformity with the contract in accordance with applicable law. The warranty period is 3 (three) years for the main products – pushchairs, car seats, high chairs and cribs – and 2 (two) years for accessories and other products. The period is also stated in the product description.
In case of non-conformity, the consumer has the right to complain about any non-conformity of the consumer goods with the contract that appears after delivery and is found during the initial inspection or during storage, assembly, testing or use of the product. Exceptions are certain categories of goods that by their nature cannot carry a warranty.
(2) In case of non-conformity of the consumer goods with the sales contract, the buyer may submit a written complaint asking NEWVIVA Ltd to bring the goods into conformity with the sales contract within 1 month. The consumer may choose between repair or replacement with a new item, unless this is impossible or the chosen remedy is disproportionate compared to the other. Complaints are submitted online with the “Submit a complaint” form at cosatto.bg/reklamaciya – no separate form is needed. A complaint may also be submitted by email to rma@newviva.bg.
When submitting a complaint, the Consumer states the subject of the complaint, the preferred remedy or the amount claimed, and an address, phone number and email for contact. For an order from www.cosatto.bg, the order number is sufficient. The Consumer also attaches:
- for purchases from a NEWVIVA Ltd partner shop – a proof of purchase (receipt or invoice) showing the product, the date and the shop name;
- photos and a description of the non-conformity;
- other documents supporting the claim and its amount.
(3) The warranty period starts from the delivery of the consumer goods. It is suspended for the time needed to repair or replace the goods or to reach an agreement between the seller and the consumer to resolve the dispute.
(4) Any non-conformity of the consumer goods with the sales contract that appears within 6 (six) months of delivery is presumed to have existed at delivery, unless it is proven that the lack of conformity is due to the nature of the goods, their use by the consumer or the nature of the non-conformity.
(5) The consumer cannot dispute the conformity of the goods with the sales contract if, at the time the contract was concluded, they knew or could not have been unaware of the non-conformity.
(6) A remedy is considered disproportionate if it imposes costs on the seller that are unreasonable compared to the other remedy, taking into account: 1. the value of the goods if there were no non-conformity; 2. the significance of the non-conformity; 3. the possibility of offering another remedy.
(7) If the consumer is not satisfied with the resolution of the complaint after 1 month from its submission, they have the right to terminate the contract and receive a refund of the amount paid, or to request a price reduction. This right does not apply if NEWVIVA Ltd has agreed to replace or repair the product within 1 month of the complaint, or if the non-conformity is minor.
(8) Bringing the consumer goods into conformity with the sales contract is free of charge for the consumer. The consumer does not pay for shipping the goods or for materials and labour related to the repair, and should not suffer significant inconvenience. The consumer may claim compensation for damage suffered as a result of the non-conformity.
(9) NEWVIVA Ltd must accept a request to terminate the contract and refund the amount paid if, after having resolved three complaints by repairing the same goods within the warranty period (3 years for main products, 2 years for accessories and other products), a further non-conformity appears.
(10) The consumer has the right to complain regardless of whether the manufacturer or the trader has provided a commercial guarantee.
(11) When a complaint is resolved by replacing the goods with conforming goods, NEWVIVA Ltd keeps the original warranty conditions for the consumer.
(12) Submitting a complaint does not prevent the consumer from bringing a legal claim.
Art. 58. If NEWVIVA Ltd has provided a commercial guarantee and its term is longer than the complaint periods described above, the complaint may be submitted until the commercial guarantee expires.
Art. 59. The Seller will use the data provided by the buyer, or entered in their account, to complete and issue the warranty certificate where NEWVIVA Ltd has stated on its site that it provides an additional commercial guarantee beyond the legal guarantee.
Art. 60. Repair of products outside the warranty period, or within it where the seller's obligation to bring the goods into conformity has lapsed for any reason, is paid by the buyer and carried out within a period agreed between the parties.
The Bulgarian version of these terms is legally binding; this English text is provided for information.