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  • Code of Consumer Conduct

Code of Consumer Conduct for E-Commerce

Article 1

Purpose and Scope

  1. The Code sets out the general principles and defines the minimum rules of professional ethics and ethical behaviour that must be observed by businesses towards the consumer.
  2. It applies to transactions in the context of contracts for the sale of goods or services concluded between consumers and suppliers for remuneration entirely online, i.e. by electronic means at a distance, without the need for the simultaneous physical presence of both parties (B2C transactions).
  3. The Code concerns self-regulation rules for businesses engaged in e-commerce aimed at consumers and is subject to EU and Greek legislation on e-commerce and consumer protection, which it does not in any way replace.

 

Article 2

Definitions

  1. For the purposes of the application of the Code, the following terms have the meaning assigned to them below:
  2. a) "Enterprise, operating in the field of "electronic business"" (hereinafter referred to as "enterprise") means legal or natural persons based in Greece that provide products and/or services to consumers in Greece and/or abroad, legally operating directly and/or as intermediaries for the provision of services for direct or indirect remuneration by electronic means at a distance and at the personal choice of the consumer.

(6) "By electronic means at a distance" means services and products provided by businesses and accepted by consumers through electronic processing equipment which is provided, transmitted and received entirely via the Internet and/or mobile networks/text applications).

  1. c) For the other terms, the definitions existing 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, apply.
  2. In case of doubt, the definitions of the applicable legislation shall prevail.

 

Article 3

General principles and obligations of online shops

  1. General principles

The Code is governed by the principles of consumer protection, transparency, impartiality, technological neutrality, professional ethics, ethical behaviour and respect for privacy, the protection of personal data and the protection of vulnerable population groups as specifically referred to in Articles 4 and 5 hereof.

  1. Minimum information for the consumer
  2. The business shall ensure that the consumer is informed in advance so that he can be fully informed, accurate and clear of the following:
  3. Full company name, registered office, postal address, VAT number, contact numbers/email address.
  4. Registration number in the General Registry of Commercial Enterprises.

iii. Main characteristics of the products it sells and 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 and dimensions of the product), as well as the means of payment.

  1. Availability of services and products and the deadline within which the supplier undertakes to deliver the goods or provide the services.
  2. Characteristics of the charges, possible discount packages or special offers.
  3. 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 resolution of their disputes and information on the recognized alternative dispute resolution bodies, which suppliers are bound or obliged to use for the resolution of disputes. In the absence of such a commitment or obligation, suppliers must also specify whether they will make use of the relevant bodies.

viii. The possibility for electronic alternative dispute resolution as specifically referred to in Article 8 hereof.

  1. 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 contracted properties, in accordance with articles 534 et seq. A.K.
  2. The possible need for frequent maintenance of the products or the existence of spare parts that are particularly expensive in relation to the current price of these products.
  3. The purpose of the processing, the recipients or categories of recipients of the data and the existence of the right of access and objection, as specifically referred to in Article 5B/par. 5 of this Regulation.

xii. The codes of conduct or any trust marks that bind them.

xii. The above information to the consumer must be understandable, legal, true, up-to-date, easily accessible to everyone, including persons with disabilities, and verifiable and must be done in the Greek language and optionally in another language.

  1. The terms of the contract for the provision of services and/or the sale of products must be posted on the company's website at a point that can be easily accessed by the consumer.
  2. In cases where an order request is submitted by the consumer, the business is obliged to immediately deliver/send a receipt of the order request which clearly indicates the date of receipt and confirmation of the order.
  3. Under the responsibility of the company, it is made clear to the consumer the time at which the contract is considered to have been concluded, in accordance with the provisions of the applicable legislation. The basic contractual terms should be available to consumers in advance and in such a way that the order cannot be entered unless the user is aware of them beforehand. After the conclusion of the contract, the company must refrain from any action that entails a modification of its terms, in particular to modify the price or to inform about the unavailability of the ordered product or service.
  4. The consumer has sufficient information about the progress of his order.
  5. In case the company finds that the consumer did not have correct information or the conclusion of the contract was not made with his explicit consent, the company makes every effort to resolve the issue within a reasonable time.
  6. The staff of companies in the e-commerce sector who communicate with consumers for the provision of services and/or the sale of products must be fully informed about the above and answer the reasonable questions of consumers clearly and accurately.
  7. Advertising - Promotion
  8. Advertising and promotion must be in compliance with the applicable legislation.
  9. In any case, the following should apply:
  10. Advertising messages and all information provided by businesses must be characterised (where appropriate and as far as possible by virtue of the medium used) by clarity as to the identity of the business, the properties and the final price of the advertised product, or, if this is not possible, the way in which it is calculated, in simple language that is understandable to the consumer; in order for the latter to be able to evaluate the information provided and to make the correct decision in his or her opinion regarding the purchase of goods or services.
  11. Advertisements or other offers must refrain from misleading or aggressive practices before, during and after a commercial transaction related to a specific product or service, which directly or inducibly is likely to mislead the consumer about the product or service being displayed.

iii. The company's personnel who come into direct contact with the consumer do not mislead or seek to mislead consumers in any way by actions or omissions by giving incorrect impressions about the service or product provided.

  1. The company does not provide incomplete or inaccurate information regarding the possibility of providing the service or selling the product to the consumer.
  2. Any advertising and promotional action specifically addressed to minors may not incite them, directly or indirectly, to acts of violence, to the use of alcoholic beverages, tobacco products, toxic substances or to any form of behavior that is dangerous to their safety and health.
  3. Businesses comply with the age restrictions set by the current legislation regarding the promotion and sale of specific categories of products.

vii. Any advertising and promotion aimed at persons with disabilities should ensure its accessibility to them.

 

Article 4

Protection of minors and other vulnerable groups of the population

  1. The company's staff does not take advantage of the weakness 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 shall provide careful, accurate and objective descriptions of products and services specifically addressed to such individuals in a way that is understandable, understandable and fully accessible to them, so as not to mislead them as to the actual size, value, nature, purpose, durability, performance and price of the product or service advertised.
  2. Especially for underage consumers, businesses shall ensure - as far as possible - the formation of the appropriate conditions of access to their websites in accordance with the provisions of the applicable laws

 

Article 5

Transaction security and privacy

  1. Transaction security
  2. Businesses shall ensure the security of transactions carried out using Information and Communication Technologies (ICT).
  3. Enterprises, in this context and in accordance with the provisions of the current legislation, make every possible 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 apply any appropriate measures; in order to provide the legally required security of electronic transactions (proportional to the various stages of their completion) and data (personal or not) that they collect and process, as well as to inform the traders about the basic parameters of the security and confidentiality used with special reference to the terms of use of the website.
  4. Undertakings shall use appropriate technical and organisational measures to ensure the confidentiality of the data they collect and process to the extent legally provided for and depending on the nature of the products and services they provide.
  5. Protection of personal data
  6. Businesses must have and implement a comprehensible, true, legal, easily accessible and up-to-date Personal Data Protection Policy and inform consumers as required by the relevant legislation and the instructions of the Hellenic Data Protection Authority regarding this Personal Data Protection Policy.
  7. The collection, storage or processing of data that is classified as sensitive by law, i.e. data concerning racial or ethnic origin, political opinions, religious or philosophical beliefs, membership in an association, association and trade union organization, health, social welfare, as well as data relating to criminal prosecutions or convictions, is not allowed, unless the terms and conditions set forth by law and the Personal Data Protection Authority are fulfilled Define.
  8. The collection, processing, storage and use of other personal data is carried out only when this is permitted by the applicable legislative framework and always in accordance with the conditions provided for therein.
  9. In particular, with regard to the use of "cookies of any kind", their installation should take place after appropriate information to the consumer and on the basis of his consent, in accordance with the law and the relevant instructions of the Hellenic Data Protection Authority.
  10. In case of non-consent/acceptance of "cookies", businesses allow, if technologically feasible, the continuation of the use of the website by the consumer, without sending cookies.
  11. Companies shall ensure that the personal data collected is not disclosed or transmitted to third parties, without prior notification or consent of the person concerned, and/or in cases provided for by law, always in accordance with the provisions of the legislation on the protection of personal data.
  12. Businesses shall respect the wish of consumers not to be included in records intended for the purpose of carrying out unsolicited commercial communications with human intervention (call) for the promotion and supply of products or services, provided that they have declared this to the publicly available provider.
  13. Businesses provide consumers with the opportunity to choose whether they wish to send advertising messages and any kind of newsletters and, in case of acceptance, to have the possibility to freely revoke their consent and businesses to have the obligation not to redirect new advertising messages and any kind of newsletters from now on (unless there is a new consent or the legal provisions are fulfilled again).
  14. The consumer has the right to have direct access to information on the issues of his personal data, to oppose their use in future promotional activities, to request and confirm their partial or total deletion from the company's records, to request their correction or completion, to be informed of the time and manner of the initial acquisition of his personal data by the company as well as to be informed about the applied methods of protection personal data.

 

Article 6

Right of withdrawal for consumers

  1. The consumer has an inalienable right of unjustified and unjustified withdrawal in accordance with the provisions of the applicable legislation.
  2. Before the consumer is contractually bound, the supplier must inform him, in a clear, clear and understandable manner, in his own language, of his right to exercise an unjustified and unjustified withdrawal within the legally provided period of fourteen (14) days, starting from the point in time specified in each case by law, as well as of the terms: the conditions, the exceptions and the procedure for exercising the right of withdrawal, but also for the consequences of exercising it, taking into account the specificity of each product/service and providing it with a model withdrawal form.

 

Article 7

Consumer Service

  1. The company shall ensure that it has appropriate mechanisms (by telephone and/or e-mail) and adequate staff engaged in the service of consumers, making reasonable efforts to inform them of their requests within the legal time limits on a case-by-case basis.
  2. When communication is made through a call center, the business ensures that the consumer does not remain in excessive waiting time and in any case the charge of the call does not exceed the charges applicable to urban calls.

When the communication is made through an online contact form or an email address of the business, care is taken to send a response within a reasonable period of time from the receipt of the relevant request of the customer.

 

Article 8

Electronic Alternative Resolution of Consumer Disputes

  1. Businesses shall inform consumers about the possibility of alternative resolution of consumer disputes arising from contracts for the electronic sale of products or the provision of services by making use of the registered ADR entities in the Register in accordance with the joint ministerial decision 70330/2015.
  2. Businesses, whether they commit to use the ADR or not, shall provide in an easily accessible manner, through their websites, an electronic link to the EU-wide electronic consumer dispute resolution platform (ODR platform), in application of the provisions of Regulation (EU) 524/2013) through which consumers submit their complaint, subsequently forwarding it to the relevant ADR entity.'