Article 1
Purpose and Scope
1. The Code sets out the general principles and sets out the minimum rules of professional ethics and ethical conduct to be observed by businesses towards consumers.
2. It applies to transactions in the context of contracts for the sale of goods or the provision of services concluded between consumers and suppliers for remuneration entirely online, i.e. by electronic means remotely without the need for the simultaneous physical presence of both parties (distance B2C transactions).
3. The Code refers to rules of self-regulation of companies operating in e-commerce aimed at consumers and is in force without prejudice to EU and Greek legislation on e-commerce and consumer protection, which in no case it replaces.
Article 2
Definitions
1.-For the application of this Code, the following terms shall have the meaning given to them below:
a) “Business operating in e-commerce” means legal or natural persons with registered seat in Greece which sell products and / or services to consumers in Greece and / or abroad, operating legally directly and / or as intermediaries in the provision of services for direct or indirect remuneration by electronic means remotely, and at the personal choice of the consumer.
b) "by electronic means remotely" means services and products provided by businesses and accepted by consumers through electronic processing equipment provided, transmitted and received entirely via the Internet and/or mobile networks/ applications text.
c) All other terms shall have the meaning mentioned in Law 2251/1994, as in force, in Presidential Decree 131/2003 and in the Code of Consumer Ethics of article 7 of Law 3297/2004, as in force.
2. In case of doubt, the definitions of the applicable legislation shall prevail.
Article 3
General principles and obligations of online stores
A. General principles
This Code is governed by the principles of consumer protection, transparency, impartiality, technological neutrality, professional ethics, ethical conduct and respect for privacy, the protection of personal data and the protection of vulnerable groups as specifically mentioned in Articles 4 and 5 hereof.
B. Minimum information to consumers
1. The company ensures that consumers are informed pre-contractually so that they can be fully, accurately and clearly informed about the following:
i. Full company name, registered office, postal address, VAT number, contact telephones / email address.
ii. Registration number in GEMI (Companies Registry).
iii. Main features of the products it sells and the quality of the services provided (e.g. the total price including VAT or other taxes, shipping costs, or any costs of returning the product any additional charges, terms and methods of payment, guarantees, size -dimensions of the product), as well as for the means of payment.
iv. Availability of services and products and the deadline within which the supplier undertakes to deliver the goods or provide the services.
n. Characteristics of charges, possible discount packages or special offers.
vi. Terms of withdrawal from the contract as well as the termination or cancellation of the contract, as specifically referred to in Article 6 hereof.
vii. The possibility of out-of-court settlement of their disputes and information on the recognized bodies of alternative dispute resolution of consumers, to which the suppliers commit or are obliged to use for the settlement of the disputes. In the absence of such a commitment or obligation, the suppliers must specify whether they will make use of the relevant bodies.
viii. The possibility for electronic alternative dispute resolution as specifically mentioned in Article 8 hereof.
ix. The terms of after-sales service, any commercial guarantees (content, duration and extent of territorial validity), and the seller's liability for actual defects and lack of agreed properties, according to articles 534 et seq. Greek Civil Code.
x. The possible need for frequent maintenance of the products or the existence of spare parts at a very high cost in relation to the current price of these products.
xi. The purpose of the processing, the recipients or the categories of recipients of the data and the existence of the right of access and objection, as specifically mentioned in article 5B / par. 5 of hereof.
xii. The codes of conduct and any quality standards that bind them.
xiii. The above information to the consumer must be understandable, legal, true, up-to-date, easily accessible to all, including people with disabilities, and verifiable and must be in Greek and optionally in another language.
2. The terms of the contract for the provision of services or the sale of goods must be posted on the website of the company in a place that can be easily accessed by the consumer.
3. In cases of request for an order from the consumer, the company is obliged to deliver / send immediately a receipt of the order request which clearly states the date of receipt and confirmation of the order.
4. It shall be the responsibility of the company to make clear to the consumer the time at which the contract is deemed to have been concluded, as defined in the current legislation. The basic contractual terms should be made available to consumers in advance in such a way that the order cannot be registered, if the user has not previously taken cognizance. Following the conclusion of the contract, the company must refrain from any action that involves modification of its terms, in particular to modify the price or to inform about the non-availability of the ordered product or ordered service.
5. Consumer shall have sufficient information about the progress of their order.
6. In case the company finds that the consumer did not have correct information or the contract was not concluded with his explicit consent makes every effort to resolve the issue within a reasonable time period.
7. The staff of e-commerce companies who comes in contact with consumers for the provision of services or the sale of products must be fully informed of the above and answer reasonable questions of consumers with clarity and accuracy.
C. Advertising - Promotion
1. Advertising and promotion must comply with applicable law.
2. In each case the following shall apply:
i. Advertising messages and all information provided by businesses should be characterized (as appropriate and as far as possible by the medium used) by clarity as to the identity of the business, the properties and the final price of the advertised product, or if it is not possible to calculate it in a language that is simple and understandable to the consumers, so that they are able to evaluate the information provided and to make the right decision in their judgment for the purchase of products or services.
ii. Advertisements or other offers to refrain from misleading or aggressive practices before, during and after a commercial transaction related to a particular product or service, which is directly or indirectly likely to mislead the consumer about the product or service being displayed.
iii. The staff of the company that comes in direct contact with the consumer does not mislead or seek to mislead consumers in any way with actions or omissions, making false representations about the service or product provided.
iv. The company does not provide incomplete or inaccurate information about the possibility of providing the service or selling the product to the consumer.
v. Any advertising and promotion specifically aimed at minors may not directly or indirectly incite them to acts of violence, the use of alcohol, tobacco products, toxic substances or in any form of behavior dangerous for their safety and health.
vi. Companies comply with any age restrictions set by applicable legislation regarding the promotion and sale of specific product categories.
vii. Any advertising and promotions aimed at people with disabilities should ensure that they are accessible.
Article 4
Protection of minors and other vulnerable groups of the population
1. The staff of the company does not take advantage of consumers belonging to vulnerable groups, such as the elderly, minors, people who do not understand the Greek language well, or people with disabilities. Businesses provide careful, accurate and objective descriptions of products and services where these are specifically targeted at such individuals in a way that is understandable, comprehensible and fully accessible to them, so as not to mislead them as to their true size, value, nature, purpose, durability, performance and price of the product or service advertised.
2. Especially for minors, the companies take care - as far as feasible - for the formulation of appropriate conditions of access to their websites in accordance with the provisions of applicable legislation, as the case may be.
Article 5
Transaction security and protection of personal data
A. Transaction security
1. Businesses take care of the security of transactions carried out using Information and Communication Technologies (ICT).
2. Companies, in this context and in accordance with the provisions of applicable legislation, shall make every effort to use (themselves or their partners) appropriate tools and measures depending on the category and type of their business activity and the type of data they collect and process (personal or not) and take all appropriate measures to provide the legally required security of electronic transactions (proportional to the various stages of their completion) and data (personal or not) collected and processed, as well as to inform traders for the basic parameters of the used security and privacy with special mention in the terms of use of the website.
3. Companies shall use appropriate technical and organizational measures to ensure the confidentiality of the data they collect and process to the extent legally prescribed and in accordance with the nature of the products and services they provide.
B. Protection of personal data
1. Companies must have and implement a comprehensible, true, legal, easily accessible and up-to-date Privacy Policy and inform consumers as required by applicable law and the Hellenic Data Protection Authority guidelines regarding this Policy.
2. The collection, storage or processing of data which the law characterizes as sensitive is not allowed, i.e. data concerning racial or ethnic origin, political views, religious or philosophical beliefs, membership in an association, trade union and trade union organization, health, social welfare as well as related to criminal prosecutions or convictions unless the terms and conditions set by the law and the Hellenic Data Protection Authority are met.
3. The collection, processing, storage and use of other personal data shall be done only where it is allowed by applicable legislation and always in accordance with its provisions.
4. In particular regarding the use of "all types of cookies", their installation should be carried out after proper information of consumers and on the basis of their consent, in accordance with the law and the relevant instructions of the Hellenic Data Protection Authority.
5. In case of non-consent / acceptance of "cookies", companies allow, if technologically feasible, the continued use of the website by the consumer, without sending cookies.
6. Businesses ensure that any personal data collected is not disclosed or transmitted to third parties, without the prior information or consent of the person concerned, and / or in cases provided by law, always in accordance with the provisions of data protection law.
7. Businesses respect the decision of consumers not to be included in files intended for the purpose of making unsolicited commercial communications with human intervention (call) for the promotion and supply of products or services, if they have declared it to the provider available to the public.
8. Businesses give consumers the option to choose whether they wish to receive advertising messages and any kind of newsletters and, in case of acceptance, to have the right to withdraw their consent freely; companies have the obligation not to send new advertising messages and any kind of newsletters in the future (unless consent is provided again or the statutory provisions are met again).
9. Consumers shall have the right to have direct access to information on the issues of their personal data, to oppose their use in future promotions, to request and confirm their partial or total deletion from the records of the company, to request the correction or their completion, to be informed of the time and manner of the initial acquisition of their personal data by the company as well as to be informed about the applied methods of personal data protection.
Article 6
Right of cancellation
1. Consumers have an inalienable right to cancel distance orders, without needing to give a reason and at no cost, in accordance with the provisions of applicable legislation.
2. Before consumers enter into a contractual agreement, the supplier must inform them, in a clear, unambiguous and comprehensible manner, in their own language, of their right to cancel an order without needing to give a reason and at no cost, within the legally prescribed period of fourteen (14) days, starting from the point in time set by the law, as well as of the terms, conditions, exceptions and the procedure for exercising this right of cancellation, but also of the consequences of the exercise of this right, taking into account the specifics of each product / service; also, to provide a cancellation form.
Article 7
Customer service
1. The company ensures that it has the appropriate mechanisms (by telephone and / or e-mail) and adequate staff engaged in customer service, making reasonable efforts to inform consumers about their requests within the legally prescribed period of time per case.
2. When the communication is made through a call center, the company ensures that consumers do not stay in excessive waiting and in any case the charge of the call does not exceed the charges that apply to local calls.
When the communication is made through the online contact form or e-mail address of the company, care is taken to send a response within a reasonable time from the receipt of the relevant request of the customer.
Article 8
Electronic Alternative Resolution of Consumer Disputes
1. Businesses inform consumers about the possibility of alternative resolution of consumer disputes that have arisen from contracts for the electronic sale of products or services by using the ADR entities registered in the Register in accordance with the joint ministerial decision 70330/2015.
2. Companies, whether or not they undertake to use ADR, shall provide in an accessible way, through their websites, an electronic link to the EU's platform for the settlement of consumer disputes (ADR platform), in application of the provisions of Regulation (EU) 524 / 2013) through which consumers submit their complaint, then forwarding it to the relevant ADR body.
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