Complaints
Claims relating to physical goods, digital content, digital services and other services
1. Purpose and scope
1.1.
This Complaints Policy governs the conditions and procedures for submitting, registering, examining and satisfying claims concerning products and services offered through 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) in-person 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.
If the law grants a more favourable right than this policy describes, that statutory right applies.
2. Merchant details
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: admin@leanchampionscommunity.com
Telephone: +359 896 060 911
Website: leanchampionscommunity.com
hereinafter referred to as the “Merchant”.
3. Basic concepts
3.1.
A ‘claim’ is a request in which the Customer states that a product or service does not conform to the contract, has not been supplied, was supplied incorrectly or involves another failure of performance, and indicates a preferred remedy.
3.2.
‘Non-conformity’ means a difference between what was agreed and what was actually received, supplied or functioning.
3.3.
A non-compliance may concern:
1) type;
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 ‘technical support report’ is a message about a problem where the Customer initially seeks technical assistance without expressly making a claim.
3.5.
Where a technical support report indicates possible non-supply or lack of conformity of a paid product or service, the Merchant also treats it as a claim or informs the Customer that the claim needs clarification.
3.6.
A ‘complaint’ expresses dissatisfaction with service, communication, an action or a decision, and may not constitute a claim for non-conformity.
3.7.
‘Right of withdrawal’ means the Consumer’s right to terminate a distance contract within the applicable period without having to prove a defect or non-conformity.
3.8.
Making a claim is different from exercising the right of withdrawal.
3.9.
The Consumer is not required to identify the exact legal classification of their request. The Merchant considers the request according to its actual content.
4. Who can claim
4.1.
A claim 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) a person authorised by the Consumer;
4) legal representative;
5) corporate Customer or person designated by him;
6) another person who proves legitimate interest in connection with the order.
4.2.
The mandatory consumer rights in this policy apply to individuals acting outside their commercial, business, craft or professional activity.
4.3.
Claims by Business customers are considered under:
1) the individual contract;
2) the specific offer;
3) The Terms and Conditions;
4) the applicable commercial and civil legislation;
5) terms voluntarily offered by the Merchant.
4.4.
Nothing in this policy automatically grants Business Customers rights that the law reserves for Consumers.
5. Difference between a claim and a change of mind
5.1.
A claim may be made in the event of a defect, non-supply, incorrect performance or another lack of conformity.
5.2.
A Customer changing their mind, no longer wanting the product or not achieving an expected personal, professional or business outcome does not itself establish non-conformity.
5.3.
If the Consumer wishes to return conforming goods or terminate a conforming service within the statutory withdrawal period, the Right of Withdrawal Policy applies.
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.
A claim concerning physical goods may be made where the product:
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) have missing parts or supplementary materials;
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) do not meet the reasonable expectations created by the public offer;
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 out of order;
3) has a serious printed defect;
4) a substantial part of the text is illegible;
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) an agreed physical supplement is missing;
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.
Digital content may include:
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 claim may be made where 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 digital content is provided via a link, a technical problem with the link is assessed by considering whether the content can be provided by another appropriate means without significant inconvenience to the Consumer.
7.4.
Where the content is supplied in a format clearly specified before purchase, incompatibility caused solely by using a device or software not specified in the offer does not automatically establish non-conformity.
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) individual and corporate accounts;
6) cloud reports;
7) systems for the creation, processing, storage or sharing of data;
8) other digital functionalities.
8.2.
A claim may be made where:
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) an agreed module is missing;
6) the account cannot be used for a 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 does not release the Merchant from its overall obligation to provide the agreed quality, availability, functionality and continuity of the paid digital service.
8.5.
When the problem is caused by the Consumer's digital environment, the claim shall be dealt with according to:
1) the technical requirements announced in advance;
2) the actual cause of the problem;
3) the information provided;
(4) the reasonable cooperation of the parties;
5) the rules on the burden of proof.
9. Grounds for claim of training and other service
9.1.
Recorded training, live training, access to a learning platform and in-person training may have different legal classifications.
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, a webinar, an in-person session or consultancy is a service.
9.5.
A claim concerning training or another service may be made where:
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 Customer;
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) a promised recording has not been supplied;
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 performed 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.
Failure to achieve an expected professional, financial, production or personal outcome does not automatically establish non-conformity unless the Merchant has expressly guaranteed a specific outcome.
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) the training only;
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 single payment transaction does not change the rights applying to individual items.
10.4.
Where non-conformity of one item makes the rest of a package objectively useless to the Consumer, this is considered when deciding the appropriate remedy.
10.5.
A free digital bonus with no separate price has no separate refundable monetary value, but the Merchant should supply it if it is an essential part of the advertised paid offer.
11. Ways to file a claim
11.1.
A claim may be made orally or in writing.
11.2.
A written claim may be lodged through:
1) e-mail to admin@leanchampionscommunity.com;
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) in person at the Merchant’s registered office;
7) another channel announced by the Merchant.
11.3.
An oral claim may be made:
1) on the phone;
2) in person to 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.
A claim sent through a general customer service contact is not rejected merely because a dedicated form was not used.
11.7.
If the message is received by another department or at another official address of the Merchant, it is forwarded internally to the responsible person.
11.8.
The use of a specialised form is not a condition for the validity of a timely claim.
12. Information a claim should contain
12.1.
The Consumer shall indicate:
1) name and surname;
2) address or other appropriate means of contact;
(3) email 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 remedy;
9) the amount claimed, if a specific amount is sought;
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 justify rejection if 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) a waybill;
7) a courier’s report;
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) a two-factor authentication code;
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.
If a claim is made within the time limit but a necessary document or information is missing, the Merchant may ask for it to be supplied.
13.5.
A request for additional information must not be used to cause undue delay or refuse to register a claim made within the applicable time limit.
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 a claim is submitted in person on paper, the Consumer is provided with a copy of the registration document.
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) accepted;
6) partially accepted;
7) a proposed solution;
8) resolved;
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
A claim concerning physical goods without 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
For a single supply or a series of individual supplies, a claim may be made within two years of supply.
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
For a service outside the digital content and digital services rules, the Merchant is responsible for non-conformity that exists when the service is supplied and becomes apparent within two years of supply.
15.11.
A claim concerning such a service should be made no later than 14 days after the lack of conformity is identified.
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. Providing physical goods for inspection
17.1.
Where physical goods need to be inspected to assess a claim, the Consumer makes them available to the Merchant.
17.2.
The Merchant may arrange:
1) collection from an address;
2) free sending by courier;
3) a prepared waybill;
4) transmission to the management address;
5) another free way for the Consumer when required by law.
17.3.
For a justified claim or one made within the applicable time limit, the necessary dispatch for inspection must not be conditional on advance payment of an administrative fee.
17.4.
The Customer must not send goods cash on delivery unless the Merchant has expressly agreed otherwise.
17.5.
In the consignment it is recommended to place:
1) name of the Customer;
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) completeness;
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) the application 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.
Assistance is limited to technical methods that involve the least possible interference with the Consumer’s digital environment and privacy.
18.4.
The Merchant does not ask the Consumer to send an account password, email password or two-factor authentication 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.
For physical goods, a lack of conformity that appears within one year of delivery is, in principle, presumed to have existed at delivery, unless the contrary is proved or the presumption is incompatible with the nature of the goods or the lack of conformity.
19.3.
For a single supply of digital content or a digital service, the Merchant bears the applicable statutory burden of proving conformity where a problem becomes apparent within the period prescribed by law.
19.4.
For a continuously supplied digital service, the Merchant bears the applicable statutory burden of proving conformity throughout the agreed period.
19.5.
If the Merchant demonstrates that the Consumer’s digital environment is incompatible with the technical requirements clearly communicated before the contract, this may change the allocation of 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.
If physical goods do not conform to the contract, the Consumer may request that they be brought into conformity.
20.2.
Consumer can choose between:
1) repair;
2) replacement.
20.3.
The chosen remedy may be declined where:
1) is impossible;
(2) would result in disproportionate costs for the Merchant;
3) the alternative remedy 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.
Bringing the goods into conformity free of charge includes 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.
When goods are replaced, the Merchant takes back the non-conforming goods at its own expense.
20.9.
The Consumer does not owe payment for normal use of replaced goods before their replacement.
21. Price reduction and termination of a contract for goods
21.1.
The Consumer may be entitled to a proportionate price reduction or termination 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) bringing the goods into conformity would cause significant inconvenience;
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 is not entitled to terminate the contract where the lack of conformity is minor.
21.4.
The Merchant bears the burden of proving that the lack of conformity is minor.
21.5.
Where the contract is terminated because of non-conformity:
1) the Consumer returns the affected goods without undue delay and no later than 14 days after notification;
(2) the return costs shall be borne by the Merchant;
3) the Merchant refunds the price paid after receiving the goods or evidence of their 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.
If non-conformity affects only part of the order, the contract may be terminated only for the affected goods, unless the Consumer cannot reasonably be 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) supply by a specific date or within a specific period was essential and that deadline was not met.
23. Rights where digital content or a digital service is not in conformity
23.1.
If digital content or a digital service does not conform to the contract, the Consumer may request that it be brought into conformity.
23.2.
The content or service is brought into conformity:
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.
Remedial action may include:
1) activation of access;
2) restoring an account;
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) restoring 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 to bring the content or service into conformity if this is impossible or would entail disproportionate costs, taking account of its value when conforming and the significance of the lack of conformity.
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) bringing it into conformity is impossible;
2) bringing it into conformity would entail disproportionate costs;
3) the Merchant has not brought the product or service into conformity 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 Merchant bears the burden of proving that the lack of conformity is minor.
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 where training or another service is not in conformity
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.
Bringing the training or service into conformity may include:
1) delivering training that was not delivered;
2) re-participation;
3) providing a new date;
4) provision of a missing module;
5) provision of agreed materials;
6) supplying a promised recording;
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 bringing the service into conformity is:
1) impossible;
2) unlawful;
3) possible only partially;
4) related to disproportionate costs,
the Consumer may be entitled to a price reduction or termination of the contract.
25.4.
A new date cannot be imposed unilaterally if the original date was essential to the Consumer.
25.5.
Where a person supplies the service on the Merchant’s behalf and for its account, the Merchant remains responsible for conformity to the extent required by law.
26. Review and resolution deadline
26.1.
A claim is considered in good faith and objectively, taking account of:
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 remedy;
7) the applicable legal time limits.
26.2.
No single general time limit applies 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.
Digital content or a digital service must be brought into conformity within a reasonable time after 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.
If a problem can be resolved immediately, the Merchant does not delay resolving it without a valid 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) offer an applicable remedy;
4) to request additional information;
5) reject the claim, stating the grounds;
27.2.
The decision shall be communicated to the Consumer appropriately, including by:
1) email;
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 remedy adopted or proposed;
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.
When the Merchant satisfies a claim, it issues a report or another document confirming the remedy.
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.
Where a digital content or digital service contract is terminated, amounts due are refunded no later than 14 days after notification of the Consumer’s decision to reduce the price or terminate the contract.
28.3.
For an approved refund under another claim, the Merchant initiates payment of the amount due without undue delay and, as a rule, no later than 14 days after the grounds and amount have been finally established, 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 time before an initiated refund appears in the account may depend on the bank, payment provider or card scheme.
28.10.
The bank’s processing time does not change the date on which the Merchant initiated the refund.
29. Grounds for full or partial rejection
29.1.
A claim may be rejected wholly or partly where a check establishes 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 unauthorised change by the Customer 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 claim is not rejected merely because:
1) The Consumer has not used a special form;
2) no original transport packaging;
3) was submitted by email;
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 statutory liability for conformity;
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.
When goods are replaced, the original guarantee terms are preserved to the extent provided by law.
30.5.
Where a repair is carried out, it is entered in the guarantee document, where applicable, and the repair period is taken into account in accordance with 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) a record of the damage;
2) a damage report;
3) provision of 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 report concerning a payment may relate to:
1) double payment;
2) incorrect amount;
3) payment without created order;
4) confirmation not received;
5) an unidentified bank transfer;
6) incorrect currency;
7) invoice error;
8) invoice not received;
9) incorrect status of payment;
10) another payment discrepancy.
32.2.
The following may be requested for the check:
1) order number;
2) date and amount;
3) transaction identifier;
4) Payment document;
5) the last four digits of the card, where necessary and safe;
6) name of holder;
7) the bank transfer reference;
8) other information that does not disclose complete payment authentication 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 unauthorised transaction may require the Customer to also contact his bank or the payment operator.
33. Confidentiality and personal data
33.1.
The following data may be processed to handle a claim:
1) name and surname;
2) address;
(3) email address;
4) telephone;
5) number and content of the order;
6) product or service information;
7) payment data in limited volume;
8) a waybill;
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) compliance with 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.
Submitting an objection is not a mandatory prerequisite for bringing the matter before a competent authority or court.
35. Complaints to competent authorities
35.1.
The Consumer may submit a complaint or report to the Commission for Consumer Protection.
35.2.
The Consumer may request assistance from a competent general 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.
No referral is made to the discontinued European Online Dispute Resolution platform.
36. Contacts for claims
36.1.
Claims and related questions may be sent to:
LEAN BULGARIA OOD
Email: admin@leanchampionscommunity.com
Telephone: +359 896 060 911
Address: Sofia, 55 Kiril Popov Street, entrance A, floor 1, apartment 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:
‘Claim – order No [NUMBER]’
36.3.
Where the order number is not known, the following may be provided:
1) the name of the Customer;
2) the email 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.
This Complaints Policy takes effect on the date shown in the ‘Effective from’ field.
37.2.
For the particular contract, the version available to the Customer when the order was placed applies, without restricting any more favourable mandatory rights arising by 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. Purpose and scope
1.1.
This Complaints Policy governs the conditions and procedures for submitting, registering, examining and satisfying claims concerning products and services offered through 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) in-person 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.
If the law grants a more favourable right than this policy describes, that statutory right applies.
2. Merchant details
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: admin@leanchampionscommunity.com
Telephone: +359 896 060 911
Website: leanchampionscommunity.com
hereinafter referred to as the “Merchant”.
3. Basic concepts
3.1.
A ‘claim’ is a request in which the Customer states that a product or service does not conform to the contract, has not been supplied, was supplied incorrectly or involves another failure of performance, and indicates a preferred remedy.
3.2.
‘Non-conformity’ means a difference between what was agreed and what was actually received, supplied or functioning.
3.3.
A non-compliance may concern:
1) type;
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 ‘technical support report’ is a message about a problem where the Customer initially seeks technical assistance without expressly making a claim.
3.5.
Where a technical support report indicates possible non-supply or lack of conformity of a paid product or service, the Merchant also treats it as a claim or informs the Customer that the claim needs clarification.
3.6.
A ‘complaint’ expresses dissatisfaction with service, communication, an action or a decision, and may not constitute a claim for non-conformity.
3.7.
‘Right of withdrawal’ means the Consumer’s right to terminate a distance contract within the applicable period without having to prove a defect or non-conformity.
3.8.
Making a claim is different from exercising the right of withdrawal.
3.9.
The Consumer is not required to identify the exact legal classification of their request. The Merchant considers the request according to its actual content.
4. Who can claim
4.1.
A claim 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) a person authorised by the Consumer;
4) legal representative;
5) corporate Customer or person designated by him;
6) another person who proves legitimate interest in connection with the order.
4.2.
The mandatory consumer rights in this policy apply to individuals acting outside their commercial, business, craft or professional activity.
4.3.
Claims by Business customers are considered under:
1) the individual contract;
2) the specific offer;
3) The Terms and Conditions;
4) the applicable commercial and civil legislation;
5) terms voluntarily offered by the Merchant.
4.4.
Nothing in this policy automatically grants Business Customers rights that the law reserves for Consumers.
5. Difference between a claim and a change of mind
5.1.
A claim may be made in the event of a defect, non-supply, incorrect performance or another lack of conformity.
5.2.
A Customer changing their mind, no longer wanting the product or not achieving an expected personal, professional or business outcome does not itself establish non-conformity.
5.3.
If the Consumer wishes to return conforming goods or terminate a conforming service within the statutory withdrawal period, the Right of Withdrawal Policy applies.
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.
A claim concerning physical goods may be made where the product:
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) have missing parts or supplementary materials;
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) do not meet the reasonable expectations created by the public offer;
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 out of order;
3) has a serious printed defect;
4) a substantial part of the text is illegible;
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) an agreed physical supplement is missing;
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.
Digital content may include:
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 claim may be made where 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 digital content is provided via a link, a technical problem with the link is assessed by considering whether the content can be provided by another appropriate means without significant inconvenience to the Consumer.
7.4.
Where the content is supplied in a format clearly specified before purchase, incompatibility caused solely by using a device or software not specified in the offer does not automatically establish non-conformity.
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) individual and corporate accounts;
6) cloud reports;
7) systems for the creation, processing, storage or sharing of data;
8) other digital functionalities.
8.2.
A claim may be made where:
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) an agreed module is missing;
6) the account cannot be used for a 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 does not release the Merchant from its overall obligation to provide the agreed quality, availability, functionality and continuity of the paid digital service.
8.5.
When the problem is caused by the Consumer's digital environment, the claim shall be dealt with according to:
1) the technical requirements announced in advance;
2) the actual cause of the problem;
3) the information provided;
(4) the reasonable cooperation of the parties;
5) the rules on the burden of proof.
9. Grounds for claim of training and other service
9.1.
Recorded training, live training, access to a learning platform and in-person training may have different legal classifications.
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, a webinar, an in-person session or consultancy is a service.
9.5.
A claim concerning training or another service may be made where:
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 Customer;
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) a promised recording has not been supplied;
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 performed 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.
Failure to achieve an expected professional, financial, production or personal outcome does not automatically establish non-conformity unless the Merchant has expressly guaranteed a specific outcome.
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) the training only;
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 single payment transaction does not change the rights applying to individual items.
10.4.
Where non-conformity of one item makes the rest of a package objectively useless to the Consumer, this is considered when deciding the appropriate remedy.
10.5.
A free digital bonus with no separate price has no separate refundable monetary value, but the Merchant should supply it if it is an essential part of the advertised paid offer.
11. Ways to file a claim
11.1.
A claim may be made orally or in writing.
11.2.
A written claim may be lodged through:
1) e-mail to admin@leanchampionscommunity.com;
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) in person at the Merchant’s registered office;
7) another channel announced by the Merchant.
11.3.
An oral claim may be made:
1) on the phone;
2) in person to 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.
A claim sent through a general customer service contact is not rejected merely because a dedicated form was not used.
11.7.
If the message is received by another department or at another official address of the Merchant, it is forwarded internally to the responsible person.
11.8.
The use of a specialised form is not a condition for the validity of a timely claim.
12. Information a claim should contain
12.1.
The Consumer shall indicate:
1) name and surname;
2) address or other appropriate means of contact;
(3) email 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 remedy;
9) the amount claimed, if a specific amount is sought;
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 justify rejection if 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) a waybill;
7) a courier’s report;
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) a two-factor authentication code;
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.
If a claim is made within the time limit but a necessary document or information is missing, the Merchant may ask for it to be supplied.
13.5.
A request for additional information must not be used to cause undue delay or refuse to register a claim made within the applicable time limit.
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 a claim is submitted in person on paper, the Consumer is provided with a copy of the registration document.
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) accepted;
6) partially accepted;
7) a proposed solution;
8) resolved;
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
A claim concerning physical goods without 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
For a single supply or a series of individual supplies, a claim may be made within two years of supply.
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
For a service outside the digital content and digital services rules, the Merchant is responsible for non-conformity that exists when the service is supplied and becomes apparent within two years of supply.
15.11.
A claim concerning such a service should be made no later than 14 days after the lack of conformity is identified.
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. Providing physical goods for inspection
17.1.
Where physical goods need to be inspected to assess a claim, the Consumer makes them available to the Merchant.
17.2.
The Merchant may arrange:
1) collection from an address;
2) free sending by courier;
3) a prepared waybill;
4) transmission to the management address;
5) another free way for the Consumer when required by law.
17.3.
For a justified claim or one made within the applicable time limit, the necessary dispatch for inspection must not be conditional on advance payment of an administrative fee.
17.4.
The Customer must not send goods cash on delivery unless the Merchant has expressly agreed otherwise.
17.5.
In the consignment it is recommended to place:
1) name of the Customer;
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) completeness;
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) the application 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.
Assistance is limited to technical methods that involve the least possible interference with the Consumer’s digital environment and privacy.
18.4.
The Merchant does not ask the Consumer to send an account password, email password or two-factor authentication 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.
For physical goods, a lack of conformity that appears within one year of delivery is, in principle, presumed to have existed at delivery, unless the contrary is proved or the presumption is incompatible with the nature of the goods or the lack of conformity.
19.3.
For a single supply of digital content or a digital service, the Merchant bears the applicable statutory burden of proving conformity where a problem becomes apparent within the period prescribed by law.
19.4.
For a continuously supplied digital service, the Merchant bears the applicable statutory burden of proving conformity throughout the agreed period.
19.5.
If the Merchant demonstrates that the Consumer’s digital environment is incompatible with the technical requirements clearly communicated before the contract, this may change the allocation of 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.
If physical goods do not conform to the contract, the Consumer may request that they be brought into conformity.
20.2.
Consumer can choose between:
1) repair;
2) replacement.
20.3.
The chosen remedy may be declined where:
1) is impossible;
(2) would result in disproportionate costs for the Merchant;
3) the alternative remedy 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.
Bringing the goods into conformity free of charge includes 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.
When goods are replaced, the Merchant takes back the non-conforming goods at its own expense.
20.9.
The Consumer does not owe payment for normal use of replaced goods before their replacement.
21. Price reduction and termination of a contract for goods
21.1.
The Consumer may be entitled to a proportionate price reduction or termination 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) bringing the goods into conformity would cause significant inconvenience;
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 is not entitled to terminate the contract where the lack of conformity is minor.
21.4.
The Merchant bears the burden of proving that the lack of conformity is minor.
21.5.
Where the contract is terminated because of non-conformity:
1) the Consumer returns the affected goods without undue delay and no later than 14 days after notification;
(2) the return costs shall be borne by the Merchant;
3) the Merchant refunds the price paid after receiving the goods or evidence of their 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.
If non-conformity affects only part of the order, the contract may be terminated only for the affected goods, unless the Consumer cannot reasonably be 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) supply by a specific date or within a specific period was essential and that deadline was not met.
23. Rights where digital content or a digital service is not in conformity
23.1.
If digital content or a digital service does not conform to the contract, the Consumer may request that it be brought into conformity.
23.2.
The content or service is brought into conformity:
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.
Remedial action may include:
1) activation of access;
2) restoring an account;
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) restoring 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 to bring the content or service into conformity if this is impossible or would entail disproportionate costs, taking account of its value when conforming and the significance of the lack of conformity.
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) bringing it into conformity is impossible;
2) bringing it into conformity would entail disproportionate costs;
3) the Merchant has not brought the product or service into conformity 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 Merchant bears the burden of proving that the lack of conformity is minor.
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 where training or another service is not in conformity
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.
Bringing the training or service into conformity may include:
1) delivering training that was not delivered;
2) re-participation;
3) providing a new date;
4) provision of a missing module;
5) provision of agreed materials;
6) supplying a promised recording;
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 bringing the service into conformity is:
1) impossible;
2) unlawful;
3) possible only partially;
4) related to disproportionate costs,
the Consumer may be entitled to a price reduction or termination of the contract.
25.4.
A new date cannot be imposed unilaterally if the original date was essential to the Consumer.
25.5.
Where a person supplies the service on the Merchant’s behalf and for its account, the Merchant remains responsible for conformity to the extent required by law.
26. Review and resolution deadline
26.1.
A claim is considered in good faith and objectively, taking account of:
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 remedy;
7) the applicable legal time limits.
26.2.
No single general time limit applies 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.
Digital content or a digital service must be brought into conformity within a reasonable time after 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.
If a problem can be resolved immediately, the Merchant does not delay resolving it without a valid 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) offer an applicable remedy;
4) to request additional information;
5) reject the claim, stating the grounds;
27.2.
The decision shall be communicated to the Consumer appropriately, including by:
1) email;
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 remedy adopted or proposed;
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.
When the Merchant satisfies a claim, it issues a report or another document confirming the remedy.
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.
Where a digital content or digital service contract is terminated, amounts due are refunded no later than 14 days after notification of the Consumer’s decision to reduce the price or terminate the contract.
28.3.
For an approved refund under another claim, the Merchant initiates payment of the amount due without undue delay and, as a rule, no later than 14 days after the grounds and amount have been finally established, 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 time before an initiated refund appears in the account may depend on the bank, payment provider or card scheme.
28.10.
The bank’s processing time does not change the date on which the Merchant initiated the refund.
29. Grounds for full or partial rejection
29.1.
A claim may be rejected wholly or partly where a check establishes 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 unauthorised change by the Customer 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 claim is not rejected merely because:
1) The Consumer has not used a special form;
2) no original transport packaging;
3) was submitted by email;
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 statutory liability for conformity;
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.
When goods are replaced, the original guarantee terms are preserved to the extent provided by law.
30.5.
Where a repair is carried out, it is entered in the guarantee document, where applicable, and the repair period is taken into account in accordance with 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) a record of the damage;
2) a damage report;
3) provision of 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 report concerning a payment may relate to:
1) double payment;
2) incorrect amount;
3) payment without created order;
4) confirmation not received;
5) an unidentified bank transfer;
6) incorrect currency;
7) invoice error;
8) invoice not received;
9) incorrect status of payment;
10) another payment discrepancy.
32.2.
The following may be requested for the check:
1) order number;
2) date and amount;
3) transaction identifier;
4) Payment document;
5) the last four digits of the card, where necessary and safe;
6) name of holder;
7) the bank transfer reference;
8) other information that does not disclose complete payment authentication 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 unauthorised transaction may require the Customer to also contact his bank or the payment operator.
33. Confidentiality and personal data
33.1.
The following data may be processed to handle a claim:
1) name and surname;
2) address;
(3) email address;
4) telephone;
5) number and content of the order;
6) product or service information;
7) payment data in limited volume;
8) a waybill;
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) compliance with 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.
Submitting an objection is not a mandatory prerequisite for bringing the matter before a competent authority or court.
35. Complaints to competent authorities
35.1.
The Consumer may submit a complaint or report to the Commission for Consumer Protection.
35.2.
The Consumer may request assistance from a competent general 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.
No referral is made to the discontinued European Online Dispute Resolution platform.
36. Contacts for claims
36.1.
Claims and related questions may be sent to:
LEAN BULGARIA OOD
Email: admin@leanchampionscommunity.com
Telephone: +359 896 060 911
Address: Sofia, 55 Kiril Popov Street, entrance A, floor 1, apartment 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:
‘Claim – order No [NUMBER]’
36.3.
Where the order number is not known, the following may be provided:
1) the name of the Customer;
2) the email 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.
This Complaints Policy takes effect on the date shown in the ‘Effective from’ field.
37.2.
For the particular contract, the version available to the Customer when the order was placed applies, without restricting any more favourable mandatory rights arising by 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.