Product Replacement

RETURNS, WITHDRAWAL AND COMPLAINTS

1. Contact details

Trader:

The Basket OOD
UIC: 204971380
VAT number: BG204971380
Registered office: 3 Lamar Street, Sofia, Bulgaria
Returns address: 73 Cherni Vrah Boulevard, Sofia, Bulgaria
Email: office@thebasket.bg
Telephone: +359 877 787 891

2. Right of withdrawal

If you are a Consumer — a natural person purchasing outside your trade or professional activity — you have the right to withdraw from a distance contract within 14 days without giving a reason and without paying a penalty.

For a sales contract, the period begins on the day on which you or a third party nominated by you, other than the courier, receives the goods.

Where several goods ordered in a single order are delivered separately, the period begins when the last item is received.

The statutory right of withdrawal applies only to Consumers. It does not automatically apply to legal entities, sole traders or persons purchasing within their trade or professional activity.

3. How to exercise the right of withdrawal

To exercise the right of withdrawal, you must send us a clear and unequivocal statement before the 14-day period expires.

You may do this:

  • through the online function entitled “Withdraw from the contract here”, accessible from the footer of TheBasket.bg;

  • by email to office@thebasket.bg;

  • by post or in person at 73 Cherni Vrah Boulevard, Sofia, Bulgaria;

  • by using the model withdrawal form published below.

Use of the model form is not mandatory.

When the online function is used, you should receive an acknowledgement at the email address provided, containing the submitted information and the date and time of receipt.

You do not have to return the goods in advance, provide an IBAN, give a reason or obtain our approval for a withdrawal statement sent within the applicable period to be valid.

4. Returning the goods

After notifying us of your withdrawal, you must return or hand over the goods no later than 14 days afterwards.

Goods may be returned to:

The Basket OOD
73 Cherni Vrah Boulevard
Sofia, Bulgaria
Telephone: +359 877 787 891

Alternatively, following prior coordination with us, the goods may be sent to a specified Econt office in the Krastova Vada area of Sofia.

Prior coordination is necessary so that we can provide the exact Econt office and recipient information. It is not a condition for the validity of a right of withdrawal that has already been exercised.

Do not send parcels to us with cash on delivery unless this has been expressly agreed in advance.

The direct cost of returning the goods is borne by the Consumer unless we have agreed to bear it or the law provides otherwise.

We recommend retaining proof of dispatch until the return has been fully completed.

5. Condition of returned goods

The Consumer may examine the goods to the extent necessary to establish their nature, characteristics and proper functioning.

The Consumer is liable for diminished value only where it results from handling beyond what is necessary for such an examination.

Missing or damaged commercial packaging does not automatically extinguish the right of withdrawal. Where the packaging forms part of the nature or value of the gift product, damage may be taken into account when determining an actual reduction in value.

Where possible, return the goods with all accessories, labels, instructions and components supplied with them.

6. Exceptions to the right of withdrawal

The right of withdrawal does not apply in the cases provided by law, including:

  • goods made to the Consumer’s specifications or clearly personalised;

  • personalised gift baskets, boxes or packaging made with individually selected contents or designs;

  • products bearing an individually printed name, logo, photograph, personal message or another personalised element;

  • goods liable to deteriorate or expire rapidly;

  • sealed goods that have been unsealed after delivery and cannot be returned for health-protection or hygiene reasons;

  • goods that have become inseparably mixed with other items after delivery;

  • other cases expressly provided by law.

The inclusion of food products in a gift set does not automatically exclude the right of withdrawal. The exception applies only to products that genuinely deteriorate rapidly, have a short shelf life or fall within another statutory exception.

A standard gift basket or box selected from a previously published catalogue is not automatically personalised merely because it was assembled after the order was received.

Selection from standard options offered to all customers does not automatically exclude the right of withdrawal.

7. Refunds

Where the Consumer validly withdraws from the entire contract, we refund all payments received, including the cost of the least expensive standard initial delivery method offered for the order.

If the Consumer selected a more expensive delivery method, the additional amount above the standard delivery cost is not refunded.

For a partial withdrawal, the initial delivery cost is not refunded unless it would have been lower if only the retained goods had originally been ordered.

The refund is made without undue delay and no later than 14 days after we are informed of the decision to withdraw.

We may withhold the refund until the returned goods have been received or until the Consumer provides evidence that they have been sent back, whichever occurs first.

The refund is made through the same payment method used for the original transaction unless the Consumer expressly agrees to another method and does not incur additional costs.

Where the original payment was made by card, the refund is made by reversing the card transaction unless the Consumer expressly agrees to another permitted method.

A bank-transfer refund following another original payment method is made only with the Consumer’s express consent.

Providing an IBAN is not a condition for valid exercise of the right of withdrawal.

8. Complaints

A complaint may be submitted where the goods do not conform to the contract, including in the event of:

  • delivery of an incorrect product;

  • a missing product or component;

  • damaged goods;

  • damaged packaging;

  • an expired food or beverage product;

  • non-conformity with the description or agreed characteristics;

  • incorrect personalisation where the error did not arise from information approved by the customer;

  • any other lack of conformity.

A complaint may be submitted:

  • by email to office@thebasket.bg;

  • in person at 73 Cherni Vrah Boulevard, Sofia, Bulgaria;

  • through another available means of contacting us.

Where possible, provide:

  • your name and contact information;

  • the order number;

  • a description of the non-conformity;

  • when it was discovered;

  • your preferred remedy;

  • photographs where possible and useful for the assessment.

Failure to provide photographs does not automatically result in rejection of the complaint.

When a complaint is submitted, you will receive a document showing the date and the number under which it has been registered.

9. Remedies for a justified complaint

Where a complaint is justified, the Consumer is entitled to the remedies provided by law, including:

  • bringing the goods into conformity;

  • replacement;

  • a proportionate price reduction;

  • termination of the contract and a refund where the statutory conditions are met.

The selected remedy must not be impossible or impose disproportionate costs compared with another available remedy, taking account of the value of the goods, the significance of the non-conformity and whether the matter can be resolved without significant inconvenience to the Consumer.

The costs of satisfying a justified complaint are borne by the Trader.

For food and other products with a limited shelf life, the nature of the product and its stated expiry period are taken into account when assessing conformity. This does not exclude the Consumer’s statutory rights in advance.

10. Damage during delivery

If the parcel is visibly damaged, ask the courier to prepare a damage report and notify us as soon as possible.

Where possible, photograph the external packaging, shipping label and damaged products.

Failure to obtain a report or photographs does not automatically remove your statutory rights, although it may make it more difficult to establish when and how the damage occurred.

The Consumer retains their contractual rights against TheBasket.bg even where delivery was performed by a courier.

11. Uncollected and refused parcels

Failure to collect or refusal to accept a parcel from the courier does not automatically replace a withdrawal statement.

If you wish to exercise your statutory right of withdrawal, send us a clear statement within the applicable period.

Where incorrect delivery information, an unjustified failure to collect or a lack of necessary cooperation causes additional costs, we may seek only the actual and proven direct expenses, insofar as permitted by law.

Consumers are not charged automatic fines or arbitrary penalties.

12. Model withdrawal form

Complete and return this form only if you wish to withdraw from the contract.

To:
The Basket OOD
3 Lamar Street, Sofia, Bulgaria
Returns address: 73 Cherni Vrah Boulevard, Sofia, Bulgaria
Email: office@thebasket.bg

I/We hereby give notice that I/we withdraw from my/our contract of sale for the following goods:

....................................................................................

....................................................................................

Order number: ............................................................................

Ordered on: .................................................................................

Received on: .................................................................................

Name of Consumer(s): ....................................................................

Address of Consumer(s): ..................................................................

Email address: ..............................................................................

Optional telephone number: ..............................................................

Preferred legally permissible refund method:
....................................................................................

IBAN, only where a bank transfer is applicable and I expressly agree to it:
....................................................................................

Signature, only if this form is submitted on paper:

....................................................................................

Date: ...........................................................................................

Delete as appropriate.