Complaints
Claims on physical goods, digital content, digital services and other services
1. Object and scope
1.1.
This Return Policy governs the terms, terms and conditions of submission, registration, examination and satisfaction of claims relating to products and services offered by Lean Champions Store and Lean Champions Platform.
1.2.
The policy shall apply to claims concerning:
1) printed books and other physical goods;
2) packages of physical goods;
3) electronic books, files, videos, templates, presentations and other digital content;
4) paid access to Lean Champions Platform;
5) software modules and digital functionalities;
6) fixed-term and periodically renewed subscriptions;
7) recorded remote training;
8) online live training;
9) attendance training;
10) webinars, seminars, consultations and other services;
11) mixed orders containing physical, digital and service elements;
12) free digital bonuses where they are part of a paid offer and are essential to its performance.
1.3.
This policy shall apply together with:
1) the Terms and Conditions;
2) The delivery and payment policy;
3) The policy on the right of withdrawal;
4) Return policy;
5) The Privacy Policy;
6) the information on the specific product or service page;
7) the confirmation of the specific order;
8) the terms of the commercial guarantee granted, where available;
9) the applicable legislation.
1.4.
This policy does not restrict or replace the mandatory rights of the Consumer.
1.5.
Where the law confers a more favourable right than that described in this policy, legal law shall apply.
2. Trader data
2.1.
Merchant, seller and supplier of products and services is:
LEAN BULGARIA OOD
Unified Identification Code (UIC): 203317933
VAT identification number: BG203317933
Registered office and management address: Sofia, 55 Kiril Popov Street, entrance A, floor 1, apartment 4, Republic of Bulgaria
Manager: Todor Neychev
Email: office@lean.bg
Telephone: +359 896 060 911
Website: leanchampionscommunity.com
hereinafter referred to as the “Merchant”.
3. Basic concepts
3.1.
"complaints' is an application by which the Client claims that the product or service does not comply with the contract, is not provided, is incorrect or there is another default, and declares a preferred means of resolving the problem.
3.2.
It is a difference between what is agreed and what is actually received, provided or functioning.
3.3.
A non-compliance may concern:
1) species;
2) quantity;
3) quality;
4) completeness;
5) description;
6) functionality;
7) compatibility;
8) accessibility;
9) duration;
10) security;
11) Updates provided;
12) period or manner of execution;
13) another agreed characteristic.
3.4.
A message about a problem in which the Client is initially seeking technical assistance without explicitly stating a claim.
3.5.
Where the content of the technical signal indicates a possible non-delivery or non-compliance with a paid product or service, the merchant shall also treat it as a claim or shall inform the Client of the need to specify his claim.
3.6.
A complaint is a dissatisfaction with service, communication, action or decision that may not constitute a claim of non-compliance.
3.7.
The right of the Consumer to terminate a distance contract within the applicable time limit without the need to prove a defect or non-compliance.
3.8.
The application of a claim is different from the exercise of the right of withdrawal.
3.9.
The consumer is not obliged to determine the exact legal qualification of his application himself. The merchant examines it according to its actual content.
4. Who can claim
4.1.
A complaint may be made by:
1) The consumer who is a party to the contract;
(2) the recipient of the goods when acting with the knowledge and consent of the Consumer;
3) authorized by the Consumer;
4) legal representative;
5) corporate Client or person designated by him;
6) another person who proves legitimate interest in connection with the order.
4.2.
Mandatory consumer rights under this policy shall apply to a natural person who acts outside of his business, business, craft or professional activity.
4.3.
complaints by business customers shall be considered according to:
1) the individual contract;
2) the specific offer;
3) The Terms and Conditions;
4) the applicable commercial and civil legislation;
5) voluntarily provided by the Merchant conditions.
4.4.
Nothing in this policy automatically grants Business Customers rights that the law reserves for Consumers.
5. Difference between claim and change of opinion
5.1.
A complaint may be made in the event of a defect, failure to provide, incorrect performance or any other non-compliance.
5.2.
The mere fact that the Client has changed its mind does not want the product or has not achieved an expected personal, professional or business result does not constitute an automatic discrepancy.
5.3.
Where the Consumer wishes to return a corresponding good or terminate a corresponding service within the legal withdrawal period, the Right of withdrawal policy shall apply.
5.4.
Where the product or service does not comply with what has been agreed, the application shall be regarded as a claim whether or not the period of ordinary withdrawal has expired.
5.5.
The expiry of the withdrawal period shall not terminate legal rights in the event of non-compliance.
6. Grounds for claim of physical goods
6.1.
complaints of physical goods may be made when the goods:
1) does not correspond to the description;
2) is different from that ordered;
3) was delivered in incorrect quantity;
4) is incomplete;
5) has a production defect;
6) is damaged;
7) there are missing parts or applications;
8) does not have an agreed characteristic;
9) is not suitable for the normal purpose of goods of the same kind;
10) is not suitable for a special purpose for which the Consumer has previously notified the Merchant and the Merchant has agreed;
11) does not correspond to a sample, model or pre-presented description;
12) does not meet the legitimate expectations created by the public tender;
13) is not provided with agreed instructions, accessories or documents;
14) there is another discrepancy with the contract.
6.2.
In the case of a printed book, non-compliance may be present, including where:
1) missing pages;
2) pages are duplicated or dislocated;
3) has a serious printed defect;
4) the text is readable in an essential part;
5) the binding or cover has a manufacturing defect;
6) The book is in a different edition or language than the one ordered;
7) an incorrect number of books was delivered;
8) there is no agreed physical application;
9) the book is damaged before the risk has passed on to the Consumer;
10) the product is substantially different from the published description.
6.3.
A minor printed feature that does not affect the use, legibility, content or value of the book shall be assessed as appropriate.
6.4.
The existence of an objective non-compliance does not depend on whether a separate commercial guarantee has been granted to the product.
7. Grounds for claim of digital content
7.1.
The digital content may fall to:
1) electronic books;
2) recorded videos;
3) audio materials;
4) files for download;
5) presentations;
6) templates;
7) electronic manuals;
8) recorded trainings;
9) Digital tests;
10) other materials created and made available in digital form.
7.2.
A complaint may be made when the digital content:
1) not provided;
2) has been granted after the agreed period;
3) cannot be downloaded or opened;
4) is damaged or technically unusable;
5) is incomplete;
6) is in incorrect format;
7) is in a different language than agreed;
8) does not correspond to the description;
9) does not include contracted files, modules or materials;
10) does not operate under the previously declared technical conditions;
11) is incompatible with declared hardware or software;
12) does not have agreed functionality;
13) is not provided with the necessary instructions;
14) does not meet the agreed quality;
15) has not been provided with the agreed updates;
16) there is another discrepancy with the contract.
7.3.
Where the digital content is provided via a link, a technical link problem shall be considered according to whether the content can be provided otherwise without significant inconvenience to the Consumer.
7.4.
Where the content is provided in a format clearly indicated prior to the purchase, incompatibility caused solely by the use of an unauthorised device or software does not constitute an automatic non-compliance.
7.5.
The previous point shall not apply if the technical requirements have not been clearly provided prior to the conclusion of the contract.
8. Grounds for claim of digital service and platform access
8.1.
Digital services may include:
1) access to Lean Champions Platform;
2) access to 5S and other software modules;
3) online libraries;
4) interactive learning environments;
5) consumer and corporate profiles;
6) cloud reports;
7) systems for the creation, processing, storage or sharing of data;
8) other digital functionalities.
8.2.
A complaint may be made when:
1) access is not activated;
2) an incorrect plan has been activated;
3) the period of access is shorter than those agreed;
4) an incorrect number of users has been activated;
5) there is no agreed module;
6) the profile cannot be used for the reason for which the merchant is responsible;
7) basic agreed functionality does not work;
8) the service does not fit the description;
9) the service does not comply with the previously announced technical requirements;
10) agreed data, reports or functionalities are not available;
11) no necessary updates have been provided;
12) the agreed level of security has not been maintained;
13) there is a repeated or continuous interruption exceeding reasonably necessary maintenance;
14) a change has led to non-compliance with the contract;
15) the agreed compatibility or interoperability is not ensured;
16) there is another failure or non-compliance.
8.3.
A short interruption for pre-declared maintenance does not constitute an automatic non-compliance.
8.4.
Planned or emergency maintenance shall not exempt the merchant from the obligation to meet the agreed quality, accessibility, functionality and continuity of the digital service paid in general.
8.5.
When the problem is caused by the consumer's digital environment, the claim shall be dealt with according to:
1) the notified technical requirements;
2) the actual cause of the problem;
3) the information provided;
(4) the reasonable cooperation of the parties;
5) the rules on the severity of evidence.
9. Grounds for claim of training and other service
9.1.
Recorded training, live learning, access to a learning platform and attendance training may have different legal characteristics.
9.2.
A recorded course provided as a video or file may represent digital content.
9.3.
Interactive access to a learning environment may constitute a digital service.
9.4.
Live training, webinar, attendance or consultation is a service.
9.5.
complaints of training or other service may be made when:
1) the service is not provided;
2) training has not been carried out;
3) training is carried out at a substantially different date without the consent of the Client;
4) the format is substantially different from the format agreed;
5) the duration is substantially shorter than that agreed;
6) lacks an essential part of the declared content;
7) no agreed materials are provided;
8) no promised record has been provided;
9) no contractual access to a learning environment has been granted;
10) no certificate has been granted where it has been explicitly included and the conditions for its receipt have been fulfilled;
11) a technical problem for which the merchant is responsible has prevented participation;
12) the service does not materially match the description or information previously provided;
13) the service is not filled with the necessary professional care;
14) there is another discrepancy with the contract.
9.6.
Subjective dissatisfaction with the teaching style does not constitute an automatic discrepancy when training objectively meets the description, programme, duration and agreed characteristics.
9.7.
The absence of an expected professional, financial, production or personal result shall not constitute an automatic non-compliance unless the merchant has explicitly guaranteed a specific result.
9.8.
The technical problem of a device, internet connection or software of the participant does not constitute an automatic non-compliance where the previously announced technical requirements were clear and the service was functioning normally.
10. Mixed orders
10.1.
Where the order contains more than one type of product or service, the claim may refer to:
1) to the entire order;
2) only to the physical commodity;
3) only to the digital content;
4) only to the digital service;
5) only until the training;
6) only to specified functionality;
7) to several separate positions.
10.2.
Each element shall be considered according to its actual legal and technical characteristics.
10.3.
A common payment transaction does not change the rights applicable to individual positions.
10.4.
Where the non-compliance with one position makes the rest of the package objectively useless to the Consumer, this circumstance shall be considered when determining the appropriate means of protection.
10.5.
Where the digital bonus is free of charge and does not have a stand-alone price, it shall have no separate refundable monetary value, but the merchant shall provide it if it is an essential part of the tender announced.
11. Ways to file a claim
11.1.
A complaint may be made orally or in writing.
11.2.
A written claim may be lodged through:
1) e-mail to office@lean.bg;
2) the contact form of Lean Champions Platform;
3) a specialised electronic form where available;
4) letter sent by mail;
5) a letter or documents sent by courier;
6) personally at the address of the management of the merchant;
7) another channel announced by the Merchant.
11.3.
An oral claim may be made:
1) on the phone;
2) personally in front of a representative of the merchant;
3) through another channel allowing oral communication.
11.4.
It is recommended that the claim be filed in writing for better evidence and more precise consideration.
11.5.
Where the claim is submitted orally, the merchant shall register its main content and provide the Consumer with the document or electronic confirmation of the registration.
11.6.
complaints sent through a common service contact is not rejected just because no special form has been used.
11.7.
Where the communication has been received from another department or from another official address of the merchant, it shall be forwarded internally to the person responsible.
11.8.
The use of a specialised form is not a condition for the validity of a timely claim.
12. Information that the complaint should contain
12.1.
The consumer shall indicate:
1) name and surname;
2) address or other appropriate means of contact;
(3) e-mail address;
4) telephone when requesting communication over the phone;
5) the subject of the claim;
6) a description of the non-compliance;
7) when the problem is identified;
8) the preferred method of satisfaction;
9) the amount of the amount claimed when a certain amount is claimed;
10) order number where known;
11) name of the product or service;
12) other information required to identify the contract.
12.2.
The absence of an order number does not automatically result in a withdrawal where the contract can be identified in another reliable way.
12.3.
Where the claim refers to a specific position from a mixed order, the Consumer should indicate the position concerned.
12.4.
Where the Consumer has not indicated a preferred solution, the merchant may request clarification or offer the applicable remedies.
13. Documents and evidence
13.1.
The application shall be accompanied by the documents on which the claim is based, including where applicable:
1) receipt;
2) invoice;
3) a document certifying payment;
4) confirmation of the order;
5) contract;
6) bill of lading;
7) protocol from the courier;
8) Guarantee card;
9) photos;
10) video recording;
11) screenshots;
12) technical error messages;
13) protocols or acts;
14) correspondence;
15) documents establishing the basis or amount of the claim;
16) other relevant materials.
13.2.
In the case of an electronic order, the merchant may use his own records for the order and payment.
13.3.
The consumer must not send:
1) full bank card number;
2) a bank card security code;
3) password for e-banking;
4) password for user profile;
5) code for dual-factor identification;
6) a copy of a personal document, unless it is lawful and objectively necessary;
7) other information that is not necessary for the examination of the claim.
13.4.
Where the claim is filed in due time but no document or information is needed, the merchant may request supplement.
13.5.
The request for supplement must not be used for undue delay or for withdrawal of registration of a timely claim.
13.6.
The date of the original application shall be maintained where it can be established that a claim has been made and which product or service it refers to.
14. Registration of the claim
14.1.
The merchant shall accept the claims submitted in due time.
14.2.
No administrative fee shall be charged for the acceptance and examination of a claim.
14.3.
The merchant maintains a register of claims filed.
14.4.
The register may record:
1) unique number;
2) date and time of submission;
3) customer data;
4) order number;
5) product or service concerned;
6) type of product or service;
7) description of the claim;
8) a preferred solution;
9) attached documents;
10) a responsible person;
11) Current status;
12) actions carried out;
13) result;
14) date of completion;
15) repair, replacement, refund or other decision data;
16) History of correspondence.
14.5.
After registration, the Consumer receives a document or electronic confirmation containing at least:
1) the date of registration;
2) the unique number;
3) the type of product or service;
4) a brief description of the subject;
5) identification or signature of the person who accepted the claim;
6) A channel for subsequent communication.
14.6.
In electronic submission, the confirmation may be provided as an electronic message or document on a durable medium.
14.7.
Where the claim is made on paper, a copy of the registration document shall be provided to the Consumer.
14.8.
The status of the claim may be indicated as:
1) received;
2) registered;
3) expects additional information;
4) in the process of verification;
5) adopted;
6) partially accepted;
7) a proposed solution;
8) satisfied;
9) rejected;
10) completed.
14.9.
The internal status does not restrict the legal rights of the Consumer.
15. Deadlines for filing a claim
15.1. Physical goods
complaints of physical goods which do not contain digital elements may be made within two years of delivery of the goods.
15.2.
The period shall cease to run through the time needed to repair or replace the goods.
15.3. Goods containing digital elements
Where the goods contain digital elements, the applicable period depends on the way and duration of the provision of the digital element.
15.4.
In the case of a single provision of the digital element, the claim may be filed within the applicable legal two-year period.
15.5.
In the case of continuous granting for up to two years, rights may be exercised within the applicable two-year period.
15.6.
Where continuous provision is agreed for a period longer than two years, a claim on the digital element may be made during the agreed period where the law provides for it.
15.7. Digital content and digital services
In case of a single submission or a series of separate actions to provide a claim may be filed within two years of the submission.
15.8.
Where the digital content or digital service is continuously provided for a given period, a claim may be made throughout the period during which the content or service is to be provided.
15.9.
The period shall cease to run during the time necessary to bring the digital content or digital service into conformity.
15.10. Training and other services
In the case of a service outside the digital content regime and digital services, the merchant shall be responsible for non-compliance that exists in the provision and occurs within two years of the provision.
15.11.
The complaints of such a service should be made no later than 14 days after the finding of non-compliance with the contract.
15.12. Commercial guarantee
Where a commercial guarantee has been granted for a physical commodity for a longer period, the claim may be made until the expiry of that period under the terms of the guarantee.
15.13.
The Commercial Guarantee does not restrict the legal rights of the Consumer.
15.14.
The submission of a claim to the merchant is not an obstacle to bringing a claim to the competent court.
16. Initial check
16.1.
After registration, the merchant shall carry out an initial verification of:
1) the identification of the order;
(2) the time limit for submission;
3) the type of product or service;
(4) the description of the non-compliance;
5) the attached documents;
6) the preferred solution;
7) the need for additional information;
8) the need for physical transmission or technical inspection.
16.2.
The initial verification shall not constitute automatic recognition or rejection of the claim.
16.3.
If necessary, the merchant shall contact the Consumer and indicate:
1) what information is needed;
2) why it is necessary;
3) how it can be provided;
4) what further actions are envisaged.
16.4.
The merchant does not require information which is obviously unrelated to the object of the claim.
17. Transmission of physical commodity for inspection
17.1.
When it is necessary to verify the physical commodity to be considered, the Consumer shall make it available to the Merchant.
17.2.
The merchant may arrange:
1) making an address;
2) free sending by courier;
3) provision of ready-made bill of lading;
4) transmission to the management address;
5) another free way for the Consumer when required by law.
17.3.
In the event of justified or timely complaint, the necessary dispatch for verification shall not be subject to prior payment of an administrative fee.
17.4.
The customer must not send the goods with an cash on delivery unless the merchant has explicitly confirmed otherwise.
17.5.
In the consignment it is recommended to place:
1) name of the Client;
2) order number;
3) number of the claim;
4) a description of the content;
5) contact details.
17.6.
The goods should be packed so as not to be further damaged during transport.
17.7.
Transmission of the goods for inspection does not mean that the claim is previously recognised or rejected.
17.8.
Upon receipt, the merchant may document:
1) outer packaging;
2) the content;
3) the completeity;
4) the apparent state;
5) serial or other identification data;
6) the attached documents.
18. Technical verification of digital product or service
18.1.
In case of technical claim, the Consumer may be asked to provide:
1) used device;
2) operating system;
3) browser and version;
4) attached version;
5) date and time of the problem;
6) text of the error message;
7) screenshot;
8) steps to reproduce the problem;
9) used internet connection;
10) other reasonably necessary technical information.
18.2.
The consumer shall provide reasonable assistance as far as possible and necessary to establish the cause.
18.3.
Cooperation shall be limited to technical means suggesting as little interference as possible in the digital environment and consumer's personal sphere.
18.4.
The merchant does not require the Consumer to send a password for a profile, e-mail password or a binary identification code.
18.5.
Where remote assistance is necessary, it shall only be carried out after prior information to the Consumer and appropriate security measures have been taken.
18.6.
The consumer may refuse a disproportionate or excessive technical request.
18.7.
Where the Consumer does not provide the necessary reasonable assistance and has previously been clearly informed of the technical requirements, this may be taken into account under the applicable proving rules.
19. Burden of proof
19.1.
The burden of proof shall be determined in accordance with applicable legislation and the specific type of product or service.
19.2.
In the case of a physical commodity, a non-compliance occurring within one year of delivery shall, in principle, be deemed to have existed in the course of delivery, unless proven otherwise or the presumption is incompatible with the nature of the goods or the non-compliance.
19.3.
In the case of a single digital content or digital service provided, the merchant shall bear the applicable legal burden of proving compliance with a problem occurring in the period prescribed by law.
19.4.
In case of continuous provision of digital service, the merchant shall bear the applicable legal burden of proving compliance during the agreed period.
19.5.
Where the merchant demonstrates that the consumer's digital environment is not compatible with the technical requirements clearly notified before the contract, it may change the burden of proof.
19.6.
The merchant does not refuse a claim only on the basis of a general assumption of incorrect use.
20. Rights for non-compliance of physical goods
20.1.
In case of non-compliance with physical goods, the Consumer shall be entitled to request compliance with the goods.
20.2.
Consumer can choose between:
1) repair;
2) replacement.
20.3.
The selected means may not be applied where:
1) is impossible;
(2) would result in disproportionate costs for the merchant;
3) The other tool can be provided without significant inconvenience to the Consumer.
20.4.
In the case of a book or other printed product, the replacement is normally the applicable means where the repair is not objectively appropriate.
20.5.
The repair or replacement shall be carried out:
1) free of charge;
2) within a reasonable period of time;
3) without significant inconvenience to the Consumer;
4) taking into account the nature of the goods;
5) taking into account the purpose for which the goods were needed.
20.6.
For goods which do not contain digital elements, the repair or replacement shall be carried out free of charge within one month of notification of the non-compliance.
20.7.
Free alignment shall include the necessary costs for:
1) sending;
2) transport;
3) Work;
4) materials;
5) substitution;
6) return of the replaced commodity;
7) Other necessary actions.
20.8.
In exchange, the merchant takes back the non-compliant goods at his own expense.
20.9.
The consumer does not owe payment for the usual use of the replaced commodity before its replacement.
21. Price reduction and termination of a contract for goods
21.1.
The consumer may be entitled to a proportionate price reduction or to a break-up of the contract where:
1) the repair or replacement has not been carried out;
2) The merchant refused to bring the goods into conformity;
3) the non-compliance occurred again after action was taken;
4) the non-compliance is serious enough;
5) it is clear from the circumstances that the goods will not be brought into conformity within a reasonable period of time;
6) alignment would cause significant discomfort;
7) repair and replacement are impossible or disproportionate.
21.2.
The price reduction shall be proportionate to the difference between:
1) the value of the goods actually obtained;
2) the value that the goods would have if it corresponded to the contract.
21.3.
The consumer has no right to break the contract when the non-compliance is negligible.
21.4.
The burden of proving that the discrepancy is negligible is carried by the merchant.
21.5.
Where the contract is broken due to non-compliance:
1) The consumer returns the affected commodity without undue delay and no later than 14 days after notification;
(2) the return costs shall be borne by the merchant;
3) The merchant shall refund the price paid after receipt of the goods or proof of its dispatch;
4) The refund shall be made through the original payment instrument, except upon express consent of another free way for the Consumer.
21.6.
Where the non-compliance affects only part of the contract, the contract may be broken only for the affected commodity, unless reasonably expected to keep the remaining goods.
22. Rights for undelivered digital content or digital service
22.1.
Where the digital content or digital service is not provided within the agreed period, the Consumer may request the provision of it.
22.2.
The merchant shall provide the digital content or digital service:
1) without undue delay;
(2) within an additional period expressly agreed between the Parties, where necessary.
22.3.
The consumer may cancel the contract where the content or service is not provided without undue delay or within the agreed additional period.
22.4.
The consumer may have the right to cancel the contract immediately when:
1) The merchant has stated that it will not provide the content or service;
(2) of the circumstances it is clear that no provision will be made;
3) the granting by a specific date or within a specific period was material and that period was not respected.
23. Rights for non-compliance with digital content or digital service
23.1.
In the event of non-compliance, the Consumer may request that the digital content or digital service be aligned.
23.2.
The alignment shall be carried out:
1) free of charge;
(2) within a reasonable period of time of notification;
3) without significant inconvenience;
4) taking into account the nature of the product or service;
5) taking into account the purpose for which the product or service was purchased.
23.3.
Compliance may include:
1) activation of access;
2) refund of a profile;
3) correction of the subscription period;
4) activation of the correct plan;
5) providing a missing file;
6) providing a working link;
7) removal of a technical defect;
8) refund of functionality;
9) providing a necessary update;
10) provision of an agreed module;
11) correction of the number of users;
12) another appropriate action.
23.4.
The merchant may refuse compliance where it is impossible or would result in disproportionate costs taking into account the value of the corresponding product and the significance of the non-compliance.
24. Price reduction and termination of a digital product contract
24.1.
The consumer may request a proportionate price reduction or cancel the contract where:
1) alignment is impossible;
2) bringing it would lead to disproportionate costs;
3) The merchant has not brought the product or service into line within a reasonable time;
4) the problem has resurfaced;
5) the non-compliance is serious enough;
6) The merchant has stated that it will not bring the product or service into conformity;
7) It is clear from the circumstances that the problem will not be resolved without significant inconvenience.
24.2.
The price reduction shall be proportionate to the difference between:
1) the value of the digital product or service actually provided;
2) the value that the product or service would have in full compliance.
24.3.
In the case of a digital service provided for a certain period, the reduction may relate to the period during which the service was not in conformity.
24.4.
Where digital content or digital service is paid, the Consumer shall be entitled to cancel the contract where the non-compliance is not negligible.
24.5.
The burden of proving that the discrepancy is negligible is carried by the merchant.
24.6.
Upon termination, the merchant may:
1) terminate access;
2) disables the affected plan;
3) make the content unavailable;
4) blocks the use of the corresponding paid functionality.
24.7.
The previous point does not restrict the consumer's applicable right to obtain content that does not constitute personal data and which it has created or provided using the digital service.
24.8.
Upon termination, the Consumer shall cease using the digital content or service and shall not provide them to third parties.
25. Rights for non-compliance with training and other service
25.1.
Where the service does not comply with the contract, the Consumer shall have the right to receive a service corresponding to the contract.
25.2.
Carrying out the training or service in accordance may include:
1) conducting untrained training;
2) re-participation;
3) providing a new date;
4) provision of a missing module;
5) provision of agreed materials;
6) providing a promised record;
7) the granting of a certificate under fulfilled conditions;
8) extension of access;
9) provision of an equivalent service upon express consent;
10) another appropriate solution.
25.3.
Where alignment is:
1) impossible;
(2) illegally;
3) possible only partially;
4) related to disproportionate costs,
The consumer may have the right to reduce the price or to break the contract.
25.4.
Offering a new date is not required unilaterally when the initial date was essential for the Consumer.
25.5.
Where the service is provided by a person acting on behalf of and on behalf of the merchant, the merchant shall be responsible for its compliance within the scope prescribed by law.
26. Review and resolution deadline
26.1.
A complaint shall be considered in good faith, objectively and according to:
1) the type of product or service;
(2) the nature of the non-compliance;
3) the evidence submitted;
4) technical complexity;
5) the need for verification;
6) the preferred means of protection;
7) the applicable legal time limits.
26.2.
There is no one general term applicable equally to all types of claims.
26.3.
For physical goods without digital elements, the repair or replacement shall be carried out free of charge within one month of notification of the non-compliance.
26.4.
For digital content or digital service, alignment shall be carried out within a reasonable time of notification and without significant inconvenience.
26.5.
For training or other service, the period shall be determined according to the nature of the non-compliance, the possibility of re-execution and the applicable legislation.
26.6.
When the problem can be removed immediately, the merchant does not postpone it without good reason.
26.7.
When checking requires more time, the Consumer receives information about:
1) current status;
2) the necessary actions;
3) the reason for the delay;
4) the expected next step.
26.8.
The lack of immediate final response does not automatically mean that the claim is rejected.
27. Decision on the claim
27.1.
After verification, the merchant may:
1) to accept the claim in full;
2) to accept it in part;
3) to propose an applicable means of protection;
4) to request additional information;
5) dismiss the claim on grounds.
27.2.
The decision shall be communicated to the Consumer appropriately, including by:
1) e-mail;
2) electronic document;
3) letter;
4) user profile;
5) another agreed channel.
27.3.
The decision shall contain, where applicable:
1) the number of the claim;
2) a brief description;
3) the established facts;
4) the result of the verification;
5) the adopted or proposed means of protection;
6) the necessary actions of the Consumer;
7) time and manner of implementation;
8) the grounds for full or partial rejection;
9) information on the possibilities for objection and protection.
27.4.
Where the merchant satisfies the claim, an act or other document of satisfaction shall be issued.
27.5.
The document shall be drawn up in duplicate when it is on paper and one copy shall be provided to the Consumer.
27.6.
In electronic service, a copy shall be provided to the Consumer on a durable medium.
28. Refunds
28.1.
Where the satisfaction of the claim involves refund of an amount, the refund shall be carried out:
1) without undue delay;
2) in the initial method of payment;
3) without additional charge for the Consumer;
4) otherwise only upon explicit consent of the Consumer and in the absence of costs for the Consumer.
28.2.
When a digital content contract or digital service is cancelled, the amounts due shall be refunded no later than 14 days after notification of the Consumer's decision to reduce the price or cancel the contract.
28.3.
In the case of an approved refund under another claim, the merchant shall order the amount due without undue delay and, as a rule, not later than 14 days after the final establishment of the basis and amount, unless the law requires a shorter period.
28.4.
In the case of card payment via myPOS, the amount shall be returned to the original card or payment instrument.
28.5.
The amount paid by card shall not be refund in cash, except where it is lawful and permissible by the paying operator.
28.6.
In case of bank transfer, the amount shall be returned to the account from which it was received, unless the Consumer expressly agrees with another free way for it.
28.7.
For cash on delivery, the refund shall be made using an appropriate traceable payment method.
28.8.
Where an IBAN is required, the Consumer shall not provide a bank card number, security code or e-banking password.
28.9.
The period for reporting the amount already ordered may be dependent on the bank, the paying operator or the card scheme.
28.10.
The technical deadline for bank reporting does not change the date on which the merchant ordered the refund.
29. Grounds for full or partial rejection
29.1.
A complaint may be rejected in whole or in part when it is established after verification that:
1) the product or service corresponds to the contract;
2) the problem is caused only by incorrect use;
3) the goods are damaged after the risk has passed due to the reason for which the merchant is not responsible;
4) the digital problem is caused only by an incompatible environment, although the technical requirements have been clearly provided in advance;
5) the problem is caused by an unauthorized change by the Client or third party;
6) the claim is filed outside the applicable deadline;
7) the claim concerns only subjective expectation which has not been agreed;
8) there is no objective discrepancy;
9) there is another legitimate basis.
29.2.
A general claim for incorrect use is not sufficient without factual justification.
29.3.
A complaint is not rejected only because:
1) The consumer has not used a special form;
2) no original transport packaging;
3) was submitted by e-mail;
4) has been submitted orally;
5) The consumer has not specified an accurate legal provision;
6) The consumer initially described the request as a technical problem;
7) no commercial guarantee has been granted;
8) The period for simple withdrawal has expired.
29.4.
Upon rejection, the Consumer shall receive information on the factual and contractual grounds of the decision.
29.5.
The rejection shall not deprive the Consumer of the right to a complaint, conciliation or judicial remedy.
30. Commercial guarantee
30.1.
Where the manufacturer or the merchant provides a separate commercial guarantee, it shall bind the person who granted it in accordance with those conditions.
30.2.
The commercial guarantee:
1) does not replace legal responsibility for compliance;
2) does not restrict legal remedies;
3) may grant more favourable rights;
4) may have a longer period.
30.3.
Where the conditions in commercial guarantee advertising are more favourable than the guarantee document provided, the more favourable conditions shall apply, unless the advertising has been duly corrected prior to the conclusion of the contract.
30.4.
In exchange for the goods, the initial warranty conditions shall be maintained within the scope laid down by law.
30.5.
The repair shall be reflected in the guarantee document where applicable and the duration of the repair shall be recorded under the law.
31. Claims related to courier delivery
31.1.
When the consignment is clearly damaged, it is recommended that the Consumer request from the courier:
1) marking of the failure;
2) drawing up a protocol;
3) provide a copy;
4) possibility for photos.
31.2.
The lack of protocol from the courier does not automatically take away the legal rights of the Consumer.
31.3.
The consumer shall keep:
1) transport packaging;
2) the label;
3) the damaged product;
4) documents from the courier;
5) photos.
31.4.
The merchant may request assistance in making a claim to the courier without transferring his own obligations as a seller to the Consumer.
31.5.
When transport is organised by the Merchant, the relations between the Merchant and the courier do not restrict the rights of the Consumer against the Merchant.
32. Claims for payments and invoices
32.1.
A payment alert may relate to:
1) double payment;
2) incorrect amount;
3) payment without created order;
4) Unsolicited confirmation;
5) Unknown bank transfer;
6) incorrect currency;
7) invoice error;
8) invoice not received;
9) incorrect status of payment;
10) another payment discrepancy.
32.2.
The verification may be requested:
1) order number;
2) date and amount;
3) transaction identifier;
4) Payment document;
5) the last four digits on the map where necessary and safe;
6) name of holder;
7) the basis for the bank's transfer;
8) other information that does not disclose complete certification payment data.
32.3.
The merchant does not require a full card number, security code or password.
32.4.
Where a double or overpaid payment is established, the amount shall be refund without undue delay.
32.5.
A dispute concerning an unauthorized transaction may require the Client to also contact his bank or the payment operator.
33. Confidentiality and personal data
33.1.
In order to deal with a claim, they may be processed:
1) name and surname;
2) address;
(3) e-mail address;
4) telephone;
5) number and content of the order;
6) product or service information;
7) payment data in limited volume;
8) bill of lading;
9) photos and videos;
10) technical logs;
11) device and browser data;
12) correspondence;
13) implementation information;
14) data on refund;
15) other relevant data.
33.2.
The data shall be processed for:
1) performance of the contract;
2) enforcement of legal obligations;
3) acceptance and consideration of the claim;
4) technical diagnostics;
5) prevention of fraud;
6) accounting;
7) establishment, exercise or defence of legal claims;
8) improve quality and security.
33.3.
Data may be provided to:
1) couriers;
2) myPOS and other payment providers;
3) banks;
4) technical suppliers;
5) accountants;
6) legal consultants;
7) competent state authorities;
8) other persons, where necessary and lawful.
33.4.
When providing screenshots, the Consumer should, where possible, delete unrelated personal data of third parties.
33.5.
Detailed information is contained in the Privacy Policy.
34. Objection to the decision
34.1.
Where the Consumer disagrees with the decision, he may send a written objection.
34.2.
The objection shall contain:
1) the number of the claim;
(2) the reasons for disagreement;
3) additional evidence;
4) the desired solution;
5) Current contact details.
34.3.
The merchant shall re-check when new circumstances or evidence are presented.
34.4.
The submission of an objection shall not be a mandatory prerequisite for the referral of a competent authority or a court.
35. Complaints to competent authorities
35.1.
The consumer may submit a complaint or an alert to the Consumer Protection Commission.
35.2.
The consumer may request assistance from a competent common or sectoral conciliation committee.
35.3.
In a cross-border dispute in the European Union, the Consumer may seek assistance from the European Consumer Centre.
35.4.
The submission of a claim to the merchant is not an obstacle to bringing a claim to the competent court.
35.5.
Participation in a conciliation procedure shall not restrict the right to judicial protection.
35.6.
It shall not be referred to the terminated European platform for online dispute resolution.
36. Contacts for claims
36.1.
complaints and related issues may be sent to:
LEAN BULGARIA OOD
Email: office@lean.bg
Telephone: +359 896 060 911
Address: Sofia, 55 Kiril Popov Str., A, floor 1, ap. 4, Republic of Bulgaria
Website: leanchampionscommunity.com
36.2.
For a faster check, it is advisable to specify in the topic of the electronic message:
“Complaint – order No [NUMBER]”
36.3.
Where the order number is not known, the following may be provided:
1) the name of the Client;
2) the e-mail address used;
3) the approximate date;
4) the product or service;
5) the amount;
6) another identifier.
37. Entry into force and applicable version
37.1.
The current Claims Policy shall enter into force from the date specified in the field in force of the .
37.2.
The specific contract shall be subject to the version which was available to the Client during the performance of the contract without limiting any more favourable binding rights arising under the law.
37.3.
Changing the current policy does not take away rights that have already arisen.
37.4.
Previous versions shall be archived for the purpose of establishing the conditions applicable to the specific order.
37.5.
Where a separate provision is contrary to a binding rule of law, the legal standard shall apply without prejudice to the rest of the policy.
1. Object and scope
1.1.
This Return Policy governs the terms, terms and conditions of submission, registration, examination and satisfaction of claims relating to products and services offered by Lean Champions Store and Lean Champions Platform.
1.2.
The policy shall apply to claims concerning:
1) printed books and other physical goods;
2) packages of physical goods;
3) electronic books, files, videos, templates, presentations and other digital content;
4) paid access to Lean Champions Platform;
5) software modules and digital functionalities;
6) fixed-term and periodically renewed subscriptions;
7) recorded remote training;
8) online live training;
9) attendance training;
10) webinars, seminars, consultations and other services;
11) mixed orders containing physical, digital and service elements;
12) free digital bonuses where they are part of a paid offer and are essential to its performance.
1.3.
This policy shall apply together with:
1) the Terms and Conditions;
2) The delivery and payment policy;
3) The policy on the right of withdrawal;
4) Return policy;
5) The Privacy Policy;
6) the information on the specific product or service page;
7) the confirmation of the specific order;
8) the terms of the commercial guarantee granted, where available;
9) the applicable legislation.
1.4.
This policy does not restrict or replace the mandatory rights of the Consumer.
1.5.
Where the law confers a more favourable right than that described in this policy, legal law shall apply.
2. Trader data
2.1.
Merchant, seller and supplier of products and services is:
LEAN BULGARIA OOD
Unified Identification Code (UIC): 203317933
VAT identification number: BG203317933
Registered office and management address: Sofia, 55 Kiril Popov Street, entrance A, floor 1, apartment 4, Republic of Bulgaria
Manager: Todor Neychev
Email: office@lean.bg
Telephone: +359 896 060 911
Website: leanchampionscommunity.com
hereinafter referred to as the “Merchant”.
3. Basic concepts
3.1.
"complaints' is an application by which the Client claims that the product or service does not comply with the contract, is not provided, is incorrect or there is another default, and declares a preferred means of resolving the problem.
3.2.
It is a difference between what is agreed and what is actually received, provided or functioning.
3.3.
A non-compliance may concern:
1) species;
2) quantity;
3) quality;
4) completeness;
5) description;
6) functionality;
7) compatibility;
8) accessibility;
9) duration;
10) security;
11) Updates provided;
12) period or manner of execution;
13) another agreed characteristic.
3.4.
A message about a problem in which the Client is initially seeking technical assistance without explicitly stating a claim.
3.5.
Where the content of the technical signal indicates a possible non-delivery or non-compliance with a paid product or service, the merchant shall also treat it as a claim or shall inform the Client of the need to specify his claim.
3.6.
A complaint is a dissatisfaction with service, communication, action or decision that may not constitute a claim of non-compliance.
3.7.
The right of the Consumer to terminate a distance contract within the applicable time limit without the need to prove a defect or non-compliance.
3.8.
The application of a claim is different from the exercise of the right of withdrawal.
3.9.
The consumer is not obliged to determine the exact legal qualification of his application himself. The merchant examines it according to its actual content.
4. Who can claim
4.1.
A complaint may be made by:
1) The consumer who is a party to the contract;
(2) the recipient of the goods when acting with the knowledge and consent of the Consumer;
3) authorized by the Consumer;
4) legal representative;
5) corporate Client or person designated by him;
6) another person who proves legitimate interest in connection with the order.
4.2.
Mandatory consumer rights under this policy shall apply to a natural person who acts outside of his business, business, craft or professional activity.
4.3.
complaints by business customers shall be considered according to:
1) the individual contract;
2) the specific offer;
3) The Terms and Conditions;
4) the applicable commercial and civil legislation;
5) voluntarily provided by the Merchant conditions.
4.4.
Nothing in this policy automatically grants Business Customers rights that the law reserves for Consumers.
5. Difference between claim and change of opinion
5.1.
A complaint may be made in the event of a defect, failure to provide, incorrect performance or any other non-compliance.
5.2.
The mere fact that the Client has changed its mind does not want the product or has not achieved an expected personal, professional or business result does not constitute an automatic discrepancy.
5.3.
Where the Consumer wishes to return a corresponding good or terminate a corresponding service within the legal withdrawal period, the Right of withdrawal policy shall apply.
5.4.
Where the product or service does not comply with what has been agreed, the application shall be regarded as a claim whether or not the period of ordinary withdrawal has expired.
5.5.
The expiry of the withdrawal period shall not terminate legal rights in the event of non-compliance.
6. Grounds for claim of physical goods
6.1.
complaints of physical goods may be made when the goods:
1) does not correspond to the description;
2) is different from that ordered;
3) was delivered in incorrect quantity;
4) is incomplete;
5) has a production defect;
6) is damaged;
7) there are missing parts or applications;
8) does not have an agreed characteristic;
9) is not suitable for the normal purpose of goods of the same kind;
10) is not suitable for a special purpose for which the Consumer has previously notified the Merchant and the Merchant has agreed;
11) does not correspond to a sample, model or pre-presented description;
12) does not meet the legitimate expectations created by the public tender;
13) is not provided with agreed instructions, accessories or documents;
14) there is another discrepancy with the contract.
6.2.
In the case of a printed book, non-compliance may be present, including where:
1) missing pages;
2) pages are duplicated or dislocated;
3) has a serious printed defect;
4) the text is readable in an essential part;
5) the binding or cover has a manufacturing defect;
6) The book is in a different edition or language than the one ordered;
7) an incorrect number of books was delivered;
8) there is no agreed physical application;
9) the book is damaged before the risk has passed on to the Consumer;
10) the product is substantially different from the published description.
6.3.
A minor printed feature that does not affect the use, legibility, content or value of the book shall be assessed as appropriate.
6.4.
The existence of an objective non-compliance does not depend on whether a separate commercial guarantee has been granted to the product.
7. Grounds for claim of digital content
7.1.
The digital content may fall to:
1) electronic books;
2) recorded videos;
3) audio materials;
4) files for download;
5) presentations;
6) templates;
7) electronic manuals;
8) recorded trainings;
9) Digital tests;
10) other materials created and made available in digital form.
7.2.
A complaint may be made when the digital content:
1) not provided;
2) has been granted after the agreed period;
3) cannot be downloaded or opened;
4) is damaged or technically unusable;
5) is incomplete;
6) is in incorrect format;
7) is in a different language than agreed;
8) does not correspond to the description;
9) does not include contracted files, modules or materials;
10) does not operate under the previously declared technical conditions;
11) is incompatible with declared hardware or software;
12) does not have agreed functionality;
13) is not provided with the necessary instructions;
14) does not meet the agreed quality;
15) has not been provided with the agreed updates;
16) there is another discrepancy with the contract.
7.3.
Where the digital content is provided via a link, a technical link problem shall be considered according to whether the content can be provided otherwise without significant inconvenience to the Consumer.
7.4.
Where the content is provided in a format clearly indicated prior to the purchase, incompatibility caused solely by the use of an unauthorised device or software does not constitute an automatic non-compliance.
7.5.
The previous point shall not apply if the technical requirements have not been clearly provided prior to the conclusion of the contract.
8. Grounds for claim of digital service and platform access
8.1.
Digital services may include:
1) access to Lean Champions Platform;
2) access to 5S and other software modules;
3) online libraries;
4) interactive learning environments;
5) consumer and corporate profiles;
6) cloud reports;
7) systems for the creation, processing, storage or sharing of data;
8) other digital functionalities.
8.2.
A complaint may be made when:
1) access is not activated;
2) an incorrect plan has been activated;
3) the period of access is shorter than those agreed;
4) an incorrect number of users has been activated;
5) there is no agreed module;
6) the profile cannot be used for the reason for which the merchant is responsible;
7) basic agreed functionality does not work;
8) the service does not fit the description;
9) the service does not comply with the previously announced technical requirements;
10) agreed data, reports or functionalities are not available;
11) no necessary updates have been provided;
12) the agreed level of security has not been maintained;
13) there is a repeated or continuous interruption exceeding reasonably necessary maintenance;
14) a change has led to non-compliance with the contract;
15) the agreed compatibility or interoperability is not ensured;
16) there is another failure or non-compliance.
8.3.
A short interruption for pre-declared maintenance does not constitute an automatic non-compliance.
8.4.
Planned or emergency maintenance shall not exempt the merchant from the obligation to meet the agreed quality, accessibility, functionality and continuity of the digital service paid in general.
8.5.
When the problem is caused by the consumer's digital environment, the claim shall be dealt with according to:
1) the notified technical requirements;
2) the actual cause of the problem;
3) the information provided;
(4) the reasonable cooperation of the parties;
5) the rules on the severity of evidence.
9. Grounds for claim of training and other service
9.1.
Recorded training, live learning, access to a learning platform and attendance training may have different legal characteristics.
9.2.
A recorded course provided as a video or file may represent digital content.
9.3.
Interactive access to a learning environment may constitute a digital service.
9.4.
Live training, webinar, attendance or consultation is a service.
9.5.
complaints of training or other service may be made when:
1) the service is not provided;
2) training has not been carried out;
3) training is carried out at a substantially different date without the consent of the Client;
4) the format is substantially different from the format agreed;
5) the duration is substantially shorter than that agreed;
6) lacks an essential part of the declared content;
7) no agreed materials are provided;
8) no promised record has been provided;
9) no contractual access to a learning environment has been granted;
10) no certificate has been granted where it has been explicitly included and the conditions for its receipt have been fulfilled;
11) a technical problem for which the merchant is responsible has prevented participation;
12) the service does not materially match the description or information previously provided;
13) the service is not filled with the necessary professional care;
14) there is another discrepancy with the contract.
9.6.
Subjective dissatisfaction with the teaching style does not constitute an automatic discrepancy when training objectively meets the description, programme, duration and agreed characteristics.
9.7.
The absence of an expected professional, financial, production or personal result shall not constitute an automatic non-compliance unless the merchant has explicitly guaranteed a specific result.
9.8.
The technical problem of a device, internet connection or software of the participant does not constitute an automatic non-compliance where the previously announced technical requirements were clear and the service was functioning normally.
10. Mixed orders
10.1.
Where the order contains more than one type of product or service, the claim may refer to:
1) to the entire order;
2) only to the physical commodity;
3) only to the digital content;
4) only to the digital service;
5) only until the training;
6) only to specified functionality;
7) to several separate positions.
10.2.
Each element shall be considered according to its actual legal and technical characteristics.
10.3.
A common payment transaction does not change the rights applicable to individual positions.
10.4.
Where the non-compliance with one position makes the rest of the package objectively useless to the Consumer, this circumstance shall be considered when determining the appropriate means of protection.
10.5.
Where the digital bonus is free of charge and does not have a stand-alone price, it shall have no separate refundable monetary value, but the merchant shall provide it if it is an essential part of the tender announced.
11. Ways to file a claim
11.1.
A complaint may be made orally or in writing.
11.2.
A written claim may be lodged through:
1) e-mail to office@lean.bg;
2) the contact form of Lean Champions Platform;
3) a specialised electronic form where available;
4) letter sent by mail;
5) a letter or documents sent by courier;
6) personally at the address of the management of the merchant;
7) another channel announced by the Merchant.
11.3.
An oral claim may be made:
1) on the phone;
2) personally in front of a representative of the merchant;
3) through another channel allowing oral communication.
11.4.
It is recommended that the claim be filed in writing for better evidence and more precise consideration.
11.5.
Where the claim is submitted orally, the merchant shall register its main content and provide the Consumer with the document or electronic confirmation of the registration.
11.6.
complaints sent through a common service contact is not rejected just because no special form has been used.
11.7.
Where the communication has been received from another department or from another official address of the merchant, it shall be forwarded internally to the person responsible.
11.8.
The use of a specialised form is not a condition for the validity of a timely claim.
12. Information that the complaint should contain
12.1.
The consumer shall indicate:
1) name and surname;
2) address or other appropriate means of contact;
(3) e-mail address;
4) telephone when requesting communication over the phone;
5) the subject of the claim;
6) a description of the non-compliance;
7) when the problem is identified;
8) the preferred method of satisfaction;
9) the amount of the amount claimed when a certain amount is claimed;
10) order number where known;
11) name of the product or service;
12) other information required to identify the contract.
12.2.
The absence of an order number does not automatically result in a withdrawal where the contract can be identified in another reliable way.
12.3.
Where the claim refers to a specific position from a mixed order, the Consumer should indicate the position concerned.
12.4.
Where the Consumer has not indicated a preferred solution, the merchant may request clarification or offer the applicable remedies.
13. Documents and evidence
13.1.
The application shall be accompanied by the documents on which the claim is based, including where applicable:
1) receipt;
2) invoice;
3) a document certifying payment;
4) confirmation of the order;
5) contract;
6) bill of lading;
7) protocol from the courier;
8) Guarantee card;
9) photos;
10) video recording;
11) screenshots;
12) technical error messages;
13) protocols or acts;
14) correspondence;
15) documents establishing the basis or amount of the claim;
16) other relevant materials.
13.2.
In the case of an electronic order, the merchant may use his own records for the order and payment.
13.3.
The consumer must not send:
1) full bank card number;
2) a bank card security code;
3) password for e-banking;
4) password for user profile;
5) code for dual-factor identification;
6) a copy of a personal document, unless it is lawful and objectively necessary;
7) other information that is not necessary for the examination of the claim.
13.4.
Where the claim is filed in due time but no document or information is needed, the merchant may request supplement.
13.5.
The request for supplement must not be used for undue delay or for withdrawal of registration of a timely claim.
13.6.
The date of the original application shall be maintained where it can be established that a claim has been made and which product or service it refers to.
14. Registration of the claim
14.1.
The merchant shall accept the claims submitted in due time.
14.2.
No administrative fee shall be charged for the acceptance and examination of a claim.
14.3.
The merchant maintains a register of claims filed.
14.4.
The register may record:
1) unique number;
2) date and time of submission;
3) customer data;
4) order number;
5) product or service concerned;
6) type of product or service;
7) description of the claim;
8) a preferred solution;
9) attached documents;
10) a responsible person;
11) Current status;
12) actions carried out;
13) result;
14) date of completion;
15) repair, replacement, refund or other decision data;
16) History of correspondence.
14.5.
After registration, the Consumer receives a document or electronic confirmation containing at least:
1) the date of registration;
2) the unique number;
3) the type of product or service;
4) a brief description of the subject;
5) identification or signature of the person who accepted the claim;
6) A channel for subsequent communication.
14.6.
In electronic submission, the confirmation may be provided as an electronic message or document on a durable medium.
14.7.
Where the claim is made on paper, a copy of the registration document shall be provided to the Consumer.
14.8.
The status of the claim may be indicated as:
1) received;
2) registered;
3) expects additional information;
4) in the process of verification;
5) adopted;
6) partially accepted;
7) a proposed solution;
8) satisfied;
9) rejected;
10) completed.
14.9.
The internal status does not restrict the legal rights of the Consumer.
15. Deadlines for filing a claim
15.1. Physical goods
complaints of physical goods which do not contain digital elements may be made within two years of delivery of the goods.
15.2.
The period shall cease to run through the time needed to repair or replace the goods.
15.3. Goods containing digital elements
Where the goods contain digital elements, the applicable period depends on the way and duration of the provision of the digital element.
15.4.
In the case of a single provision of the digital element, the claim may be filed within the applicable legal two-year period.
15.5.
In the case of continuous granting for up to two years, rights may be exercised within the applicable two-year period.
15.6.
Where continuous provision is agreed for a period longer than two years, a claim on the digital element may be made during the agreed period where the law provides for it.
15.7. Digital content and digital services
In case of a single submission or a series of separate actions to provide a claim may be filed within two years of the submission.
15.8.
Where the digital content or digital service is continuously provided for a given period, a claim may be made throughout the period during which the content or service is to be provided.
15.9.
The period shall cease to run during the time necessary to bring the digital content or digital service into conformity.
15.10. Training and other services
In the case of a service outside the digital content regime and digital services, the merchant shall be responsible for non-compliance that exists in the provision and occurs within two years of the provision.
15.11.
The complaints of such a service should be made no later than 14 days after the finding of non-compliance with the contract.
15.12. Commercial guarantee
Where a commercial guarantee has been granted for a physical commodity for a longer period, the claim may be made until the expiry of that period under the terms of the guarantee.
15.13.
The Commercial Guarantee does not restrict the legal rights of the Consumer.
15.14.
The submission of a claim to the merchant is not an obstacle to bringing a claim to the competent court.
16. Initial check
16.1.
After registration, the merchant shall carry out an initial verification of:
1) the identification of the order;
(2) the time limit for submission;
3) the type of product or service;
(4) the description of the non-compliance;
5) the attached documents;
6) the preferred solution;
7) the need for additional information;
8) the need for physical transmission or technical inspection.
16.2.
The initial verification shall not constitute automatic recognition or rejection of the claim.
16.3.
If necessary, the merchant shall contact the Consumer and indicate:
1) what information is needed;
2) why it is necessary;
3) how it can be provided;
4) what further actions are envisaged.
16.4.
The merchant does not require information which is obviously unrelated to the object of the claim.
17. Transmission of physical commodity for inspection
17.1.
When it is necessary to verify the physical commodity to be considered, the Consumer shall make it available to the Merchant.
17.2.
The merchant may arrange:
1) making an address;
2) free sending by courier;
3) provision of ready-made bill of lading;
4) transmission to the management address;
5) another free way for the Consumer when required by law.
17.3.
In the event of justified or timely complaint, the necessary dispatch for verification shall not be subject to prior payment of an administrative fee.
17.4.
The customer must not send the goods with an cash on delivery unless the merchant has explicitly confirmed otherwise.
17.5.
In the consignment it is recommended to place:
1) name of the Client;
2) order number;
3) number of the claim;
4) a description of the content;
5) contact details.
17.6.
The goods should be packed so as not to be further damaged during transport.
17.7.
Transmission of the goods for inspection does not mean that the claim is previously recognised or rejected.
17.8.
Upon receipt, the merchant may document:
1) outer packaging;
2) the content;
3) the completeity;
4) the apparent state;
5) serial or other identification data;
6) the attached documents.
18. Technical verification of digital product or service
18.1.
In case of technical claim, the Consumer may be asked to provide:
1) used device;
2) operating system;
3) browser and version;
4) attached version;
5) date and time of the problem;
6) text of the error message;
7) screenshot;
8) steps to reproduce the problem;
9) used internet connection;
10) other reasonably necessary technical information.
18.2.
The consumer shall provide reasonable assistance as far as possible and necessary to establish the cause.
18.3.
Cooperation shall be limited to technical means suggesting as little interference as possible in the digital environment and consumer's personal sphere.
18.4.
The merchant does not require the Consumer to send a password for a profile, e-mail password or a binary identification code.
18.5.
Where remote assistance is necessary, it shall only be carried out after prior information to the Consumer and appropriate security measures have been taken.
18.6.
The consumer may refuse a disproportionate or excessive technical request.
18.7.
Where the Consumer does not provide the necessary reasonable assistance and has previously been clearly informed of the technical requirements, this may be taken into account under the applicable proving rules.
19. Burden of proof
19.1.
The burden of proof shall be determined in accordance with applicable legislation and the specific type of product or service.
19.2.
In the case of a physical commodity, a non-compliance occurring within one year of delivery shall, in principle, be deemed to have existed in the course of delivery, unless proven otherwise or the presumption is incompatible with the nature of the goods or the non-compliance.
19.3.
In the case of a single digital content or digital service provided, the merchant shall bear the applicable legal burden of proving compliance with a problem occurring in the period prescribed by law.
19.4.
In case of continuous provision of digital service, the merchant shall bear the applicable legal burden of proving compliance during the agreed period.
19.5.
Where the merchant demonstrates that the consumer's digital environment is not compatible with the technical requirements clearly notified before the contract, it may change the burden of proof.
19.6.
The merchant does not refuse a claim only on the basis of a general assumption of incorrect use.
20. Rights for non-compliance of physical goods
20.1.
In case of non-compliance with physical goods, the Consumer shall be entitled to request compliance with the goods.
20.2.
Consumer can choose between:
1) repair;
2) replacement.
20.3.
The selected means may not be applied where:
1) is impossible;
(2) would result in disproportionate costs for the merchant;
3) The other tool can be provided without significant inconvenience to the Consumer.
20.4.
In the case of a book or other printed product, the replacement is normally the applicable means where the repair is not objectively appropriate.
20.5.
The repair or replacement shall be carried out:
1) free of charge;
2) within a reasonable period of time;
3) without significant inconvenience to the Consumer;
4) taking into account the nature of the goods;
5) taking into account the purpose for which the goods were needed.
20.6.
For goods which do not contain digital elements, the repair or replacement shall be carried out free of charge within one month of notification of the non-compliance.
20.7.
Free alignment shall include the necessary costs for:
1) sending;
2) transport;
3) Work;
4) materials;
5) substitution;
6) return of the replaced commodity;
7) Other necessary actions.
20.8.
In exchange, the merchant takes back the non-compliant goods at his own expense.
20.9.
The consumer does not owe payment for the usual use of the replaced commodity before its replacement.
21. Price reduction and termination of a contract for goods
21.1.
The consumer may be entitled to a proportionate price reduction or to a break-up of the contract where:
1) the repair or replacement has not been carried out;
2) The merchant refused to bring the goods into conformity;
3) the non-compliance occurred again after action was taken;
4) the non-compliance is serious enough;
5) it is clear from the circumstances that the goods will not be brought into conformity within a reasonable period of time;
6) alignment would cause significant discomfort;
7) repair and replacement are impossible or disproportionate.
21.2.
The price reduction shall be proportionate to the difference between:
1) the value of the goods actually obtained;
2) the value that the goods would have if it corresponded to the contract.
21.3.
The consumer has no right to break the contract when the non-compliance is negligible.
21.4.
The burden of proving that the discrepancy is negligible is carried by the merchant.
21.5.
Where the contract is broken due to non-compliance:
1) The consumer returns the affected commodity without undue delay and no later than 14 days after notification;
(2) the return costs shall be borne by the merchant;
3) The merchant shall refund the price paid after receipt of the goods or proof of its dispatch;
4) The refund shall be made through the original payment instrument, except upon express consent of another free way for the Consumer.
21.6.
Where the non-compliance affects only part of the contract, the contract may be broken only for the affected commodity, unless reasonably expected to keep the remaining goods.
22. Rights for undelivered digital content or digital service
22.1.
Where the digital content or digital service is not provided within the agreed period, the Consumer may request the provision of it.
22.2.
The merchant shall provide the digital content or digital service:
1) without undue delay;
(2) within an additional period expressly agreed between the Parties, where necessary.
22.3.
The consumer may cancel the contract where the content or service is not provided without undue delay or within the agreed additional period.
22.4.
The consumer may have the right to cancel the contract immediately when:
1) The merchant has stated that it will not provide the content or service;
(2) of the circumstances it is clear that no provision will be made;
3) the granting by a specific date or within a specific period was material and that period was not respected.
23. Rights for non-compliance with digital content or digital service
23.1.
In the event of non-compliance, the Consumer may request that the digital content or digital service be aligned.
23.2.
The alignment shall be carried out:
1) free of charge;
(2) within a reasonable period of time of notification;
3) without significant inconvenience;
4) taking into account the nature of the product or service;
5) taking into account the purpose for which the product or service was purchased.
23.3.
Compliance may include:
1) activation of access;
2) refund of a profile;
3) correction of the subscription period;
4) activation of the correct plan;
5) providing a missing file;
6) providing a working link;
7) removal of a technical defect;
8) refund of functionality;
9) providing a necessary update;
10) provision of an agreed module;
11) correction of the number of users;
12) another appropriate action.
23.4.
The merchant may refuse compliance where it is impossible or would result in disproportionate costs taking into account the value of the corresponding product and the significance of the non-compliance.
24. Price reduction and termination of a digital product contract
24.1.
The consumer may request a proportionate price reduction or cancel the contract where:
1) alignment is impossible;
2) bringing it would lead to disproportionate costs;
3) The merchant has not brought the product or service into line within a reasonable time;
4) the problem has resurfaced;
5) the non-compliance is serious enough;
6) The merchant has stated that it will not bring the product or service into conformity;
7) It is clear from the circumstances that the problem will not be resolved without significant inconvenience.
24.2.
The price reduction shall be proportionate to the difference between:
1) the value of the digital product or service actually provided;
2) the value that the product or service would have in full compliance.
24.3.
In the case of a digital service provided for a certain period, the reduction may relate to the period during which the service was not in conformity.
24.4.
Where digital content or digital service is paid, the Consumer shall be entitled to cancel the contract where the non-compliance is not negligible.
24.5.
The burden of proving that the discrepancy is negligible is carried by the merchant.
24.6.
Upon termination, the merchant may:
1) terminate access;
2) disables the affected plan;
3) make the content unavailable;
4) blocks the use of the corresponding paid functionality.
24.7.
The previous point does not restrict the consumer's applicable right to obtain content that does not constitute personal data and which it has created or provided using the digital service.
24.8.
Upon termination, the Consumer shall cease using the digital content or service and shall not provide them to third parties.
25. Rights for non-compliance with training and other service
25.1.
Where the service does not comply with the contract, the Consumer shall have the right to receive a service corresponding to the contract.
25.2.
Carrying out the training or service in accordance may include:
1) conducting untrained training;
2) re-participation;
3) providing a new date;
4) provision of a missing module;
5) provision of agreed materials;
6) providing a promised record;
7) the granting of a certificate under fulfilled conditions;
8) extension of access;
9) provision of an equivalent service upon express consent;
10) another appropriate solution.
25.3.
Where alignment is:
1) impossible;
(2) illegally;
3) possible only partially;
4) related to disproportionate costs,
The consumer may have the right to reduce the price or to break the contract.
25.4.
Offering a new date is not required unilaterally when the initial date was essential for the Consumer.
25.5.
Where the service is provided by a person acting on behalf of and on behalf of the merchant, the merchant shall be responsible for its compliance within the scope prescribed by law.
26. Review and resolution deadline
26.1.
A complaint shall be considered in good faith, objectively and according to:
1) the type of product or service;
(2) the nature of the non-compliance;
3) the evidence submitted;
4) technical complexity;
5) the need for verification;
6) the preferred means of protection;
7) the applicable legal time limits.
26.2.
There is no one general term applicable equally to all types of claims.
26.3.
For physical goods without digital elements, the repair or replacement shall be carried out free of charge within one month of notification of the non-compliance.
26.4.
For digital content or digital service, alignment shall be carried out within a reasonable time of notification and without significant inconvenience.
26.5.
For training or other service, the period shall be determined according to the nature of the non-compliance, the possibility of re-execution and the applicable legislation.
26.6.
When the problem can be removed immediately, the merchant does not postpone it without good reason.
26.7.
When checking requires more time, the Consumer receives information about:
1) current status;
2) the necessary actions;
3) the reason for the delay;
4) the expected next step.
26.8.
The lack of immediate final response does not automatically mean that the claim is rejected.
27. Decision on the claim
27.1.
After verification, the merchant may:
1) to accept the claim in full;
2) to accept it in part;
3) to propose an applicable means of protection;
4) to request additional information;
5) dismiss the claim on grounds.
27.2.
The decision shall be communicated to the Consumer appropriately, including by:
1) e-mail;
2) electronic document;
3) letter;
4) user profile;
5) another agreed channel.
27.3.
The decision shall contain, where applicable:
1) the number of the claim;
2) a brief description;
3) the established facts;
4) the result of the verification;
5) the adopted or proposed means of protection;
6) the necessary actions of the Consumer;
7) time and manner of implementation;
8) the grounds for full or partial rejection;
9) information on the possibilities for objection and protection.
27.4.
Where the merchant satisfies the claim, an act or other document of satisfaction shall be issued.
27.5.
The document shall be drawn up in duplicate when it is on paper and one copy shall be provided to the Consumer.
27.6.
In electronic service, a copy shall be provided to the Consumer on a durable medium.
28. Refunds
28.1.
Where the satisfaction of the claim involves refund of an amount, the refund shall be carried out:
1) without undue delay;
2) in the initial method of payment;
3) without additional charge for the Consumer;
4) otherwise only upon explicit consent of the Consumer and in the absence of costs for the Consumer.
28.2.
When a digital content contract or digital service is cancelled, the amounts due shall be refunded no later than 14 days after notification of the Consumer's decision to reduce the price or cancel the contract.
28.3.
In the case of an approved refund under another claim, the merchant shall order the amount due without undue delay and, as a rule, not later than 14 days after the final establishment of the basis and amount, unless the law requires a shorter period.
28.4.
In the case of card payment via myPOS, the amount shall be returned to the original card or payment instrument.
28.5.
The amount paid by card shall not be refund in cash, except where it is lawful and permissible by the paying operator.
28.6.
In case of bank transfer, the amount shall be returned to the account from which it was received, unless the Consumer expressly agrees with another free way for it.
28.7.
For cash on delivery, the refund shall be made using an appropriate traceable payment method.
28.8.
Where an IBAN is required, the Consumer shall not provide a bank card number, security code or e-banking password.
28.9.
The period for reporting the amount already ordered may be dependent on the bank, the paying operator or the card scheme.
28.10.
The technical deadline for bank reporting does not change the date on which the merchant ordered the refund.
29. Grounds for full or partial rejection
29.1.
A complaint may be rejected in whole or in part when it is established after verification that:
1) the product or service corresponds to the contract;
2) the problem is caused only by incorrect use;
3) the goods are damaged after the risk has passed due to the reason for which the merchant is not responsible;
4) the digital problem is caused only by an incompatible environment, although the technical requirements have been clearly provided in advance;
5) the problem is caused by an unauthorized change by the Client or third party;
6) the claim is filed outside the applicable deadline;
7) the claim concerns only subjective expectation which has not been agreed;
8) there is no objective discrepancy;
9) there is another legitimate basis.
29.2.
A general claim for incorrect use is not sufficient without factual justification.
29.3.
A complaint is not rejected only because:
1) The consumer has not used a special form;
2) no original transport packaging;
3) was submitted by e-mail;
4) has been submitted orally;
5) The consumer has not specified an accurate legal provision;
6) The consumer initially described the request as a technical problem;
7) no commercial guarantee has been granted;
8) The period for simple withdrawal has expired.
29.4.
Upon rejection, the Consumer shall receive information on the factual and contractual grounds of the decision.
29.5.
The rejection shall not deprive the Consumer of the right to a complaint, conciliation or judicial remedy.
30. Commercial guarantee
30.1.
Where the manufacturer or the merchant provides a separate commercial guarantee, it shall bind the person who granted it in accordance with those conditions.
30.2.
The commercial guarantee:
1) does not replace legal responsibility for compliance;
2) does not restrict legal remedies;
3) may grant more favourable rights;
4) may have a longer period.
30.3.
Where the conditions in commercial guarantee advertising are more favourable than the guarantee document provided, the more favourable conditions shall apply, unless the advertising has been duly corrected prior to the conclusion of the contract.
30.4.
In exchange for the goods, the initial warranty conditions shall be maintained within the scope laid down by law.
30.5.
The repair shall be reflected in the guarantee document where applicable and the duration of the repair shall be recorded under the law.
31. Claims related to courier delivery
31.1.
When the consignment is clearly damaged, it is recommended that the Consumer request from the courier:
1) marking of the failure;
2) drawing up a protocol;
3) provide a copy;
4) possibility for photos.
31.2.
The lack of protocol from the courier does not automatically take away the legal rights of the Consumer.
31.3.
The consumer shall keep:
1) transport packaging;
2) the label;
3) the damaged product;
4) documents from the courier;
5) photos.
31.4.
The merchant may request assistance in making a claim to the courier without transferring his own obligations as a seller to the Consumer.
31.5.
When transport is organised by the Merchant, the relations between the Merchant and the courier do not restrict the rights of the Consumer against the Merchant.
32. Claims for payments and invoices
32.1.
A payment alert may relate to:
1) double payment;
2) incorrect amount;
3) payment without created order;
4) Unsolicited confirmation;
5) Unknown bank transfer;
6) incorrect currency;
7) invoice error;
8) invoice not received;
9) incorrect status of payment;
10) another payment discrepancy.
32.2.
The verification may be requested:
1) order number;
2) date and amount;
3) transaction identifier;
4) Payment document;
5) the last four digits on the map where necessary and safe;
6) name of holder;
7) the basis for the bank's transfer;
8) other information that does not disclose complete certification payment data.
32.3.
The merchant does not require a full card number, security code or password.
32.4.
Where a double or overpaid payment is established, the amount shall be refund without undue delay.
32.5.
A dispute concerning an unauthorized transaction may require the Client to also contact his bank or the payment operator.
33. Confidentiality and personal data
33.1.
In order to deal with a claim, they may be processed:
1) name and surname;
2) address;
(3) e-mail address;
4) telephone;
5) number and content of the order;
6) product or service information;
7) payment data in limited volume;
8) bill of lading;
9) photos and videos;
10) technical logs;
11) device and browser data;
12) correspondence;
13) implementation information;
14) data on refund;
15) other relevant data.
33.2.
The data shall be processed for:
1) performance of the contract;
2) enforcement of legal obligations;
3) acceptance and consideration of the claim;
4) technical diagnostics;
5) prevention of fraud;
6) accounting;
7) establishment, exercise or defence of legal claims;
8) improve quality and security.
33.3.
Data may be provided to:
1) couriers;
2) myPOS and other payment providers;
3) banks;
4) technical suppliers;
5) accountants;
6) legal consultants;
7) competent state authorities;
8) other persons, where necessary and lawful.
33.4.
When providing screenshots, the Consumer should, where possible, delete unrelated personal data of third parties.
33.5.
Detailed information is contained in the Privacy Policy.
34. Objection to the decision
34.1.
Where the Consumer disagrees with the decision, he may send a written objection.
34.2.
The objection shall contain:
1) the number of the claim;
(2) the reasons for disagreement;
3) additional evidence;
4) the desired solution;
5) Current contact details.
34.3.
The merchant shall re-check when new circumstances or evidence are presented.
34.4.
The submission of an objection shall not be a mandatory prerequisite for the referral of a competent authority or a court.
35. Complaints to competent authorities
35.1.
The consumer may submit a complaint or an alert to the Consumer Protection Commission.
35.2.
The consumer may request assistance from a competent common or sectoral conciliation committee.
35.3.
In a cross-border dispute in the European Union, the Consumer may seek assistance from the European Consumer Centre.
35.4.
The submission of a claim to the merchant is not an obstacle to bringing a claim to the competent court.
35.5.
Participation in a conciliation procedure shall not restrict the right to judicial protection.
35.6.
It shall not be referred to the terminated European platform for online dispute resolution.
36. Contacts for claims
36.1.
complaints and related issues may be sent to:
LEAN BULGARIA OOD
Email: office@lean.bg
Telephone: +359 896 060 911
Address: Sofia, 55 Kiril Popov Str., A, floor 1, ap. 4, Republic of Bulgaria
Website: leanchampionscommunity.com
36.2.
For a faster check, it is advisable to specify in the topic of the electronic message:
“Complaint – order No [NUMBER]”
36.3.
Where the order number is not known, the following may be provided:
1) the name of the Client;
2) the e-mail address used;
3) the approximate date;
4) the product or service;
5) the amount;
6) another identifier.
37. Entry into force and applicable version
37.1.
The current Claims Policy shall enter into force from the date specified in the field in force of the .
37.2.
The specific contract shall be subject to the version which was available to the Client during the performance of the contract without limiting any more favourable binding rights arising under the law.
37.3.
Changing the current policy does not take away rights that have already arisen.
37.4.
Previous versions shall be archived for the purpose of establishing the conditions applicable to the specific order.
37.5.
Where a separate provision is contrary to a binding rule of law, the legal standard shall apply without prejudice to the rest of the policy.