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Consumer Code of Conduct for Electronic Commerce

Article 1

Purpose and Scope

1. The Code pertains to self-regulatory rules for businesses engaged in e-commerce addressed to consumers and applies without prejudice to European Union and Greek legislation on electronic commerce and consumer protection, which it does not in any case replace or supersede.

2. The present Code sets out the general principles and establishes the minimum rules of professional conduct and ethical behaviour that businesses must observe towards consumers.

3. It applies to transactions carried out under contracts for the sale of goods or the provision of services concluded between consumers and suppliers for remuneration, conducted entirely online—namely, by electronic means and at a distance—without the simultaneous physical presence of both parties (B2C transactions).

Article 2

Definitions

1. For the purposes of this Code, the following terms shall have the meaning assigned to them below:

a) The term “business engaged in electronic commerce” (hereinafter referred to as “business”) means any legal or natural person established in Greece that lawfully provides products and/or services to consumers in Greece and/or abroad, either directly or as intermediaries, in return for direct or indirect remuneration, through electronic means and at a distance, following the consumer’s personal choice.

b) The term “by electronic means and at a distance” refers to services and products supplied by businesses and accepted by consumers through equipment for electronic processing, which is provided, transmitted, and received entirely via the Internet and/or mobile networks or text-based applications.

c) For all other terms, the definitions set out in Law 2251/1994, as in force, Presidential Decree 131/2003, and the Consumer Code of Conduct referred to in Article 7 of Law 3297/2004, as in force, shall apply.

2. In case of doubt, the definitions contained in the applicable legislation shall prevail.

Article 3

General Principles and Obligations of Online Stores

A. General Principles

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

B. Minimum Consumer Information Requirements

1. The business shall ensure pre-contractual information is provided to the consumer in order to enable complete, accurate, and clear disclosure of the following:

i. Full corporate name, registered office, postal address, VAT number, contact telephone numbers and e-mail address.
ii. Registration number in the General Commercial Registry (GEMI).
iii. Main characteristics of the products sold and the quality of the services provided (e.g., total price including VAT or other taxes, shipping costs, possible return costs, any additional charges, terms and methods of payment, warranties, size/dimensions of the product), as well as the payment methods.
iv. Availability of services and products and the timeframe within which the supplier undertakes to deliver the goods or provide the services.
v. Characteristics of charges, possible discount packages, or special offers.
vi. Terms of withdrawal from the contract, as well as contract termination or cancellation, as specifically referred to in Article 6 of this Code.
vii. The possibility of out-of-court dispute resolution and information regarding recognized alternative dispute resolution bodies which suppliers are obliged or committed to use. In the absence of such commitment or obligation, suppliers shall clarify whether they intend to use these bodies.
viii. The possibility of electronic alternative dispute resolution, as specifically referred to in Article 8 of this Code.
ix. Terms of after-sales service, any commercial guarantees (content, duration, and territorial scope), and the liability of the seller for actual defects or lack of agreed characteristics, in accordance with Articles 534 et seq. of the Civil Code.
x. Possible need for frequent maintenance of products or the existence of spare parts with a particularly high cost in relation to the current price of such products.
xi. The purpose of data processing, recipients or categories of recipients of the data, and the existence of rights of access and objection, as specifically referred to in Article 5B, paragraph 5 of this Code.
xii. Codes of conduct or any reliability seals to which they are bound.
xiii. The above information provided to the consumer must be understandable, lawful, truthful, up-to-date, easily accessible to all, including persons with disabilities, verifiable, and provided mandatorily in Greek and optionally in another language.

2. The terms of the service provision or product sale contract shall be posted on the business’s website in a location easily accessible to the consumer.

3. In cases where the consumer submits an order request, the business shall immediately provide/send a receipt of the order request clearly stating the date of receipt and confirmation of the order.

4. The business shall make it clear to the consumer the moment at which the contract is considered concluded, in accordance with applicable legislation. The essential contractual terms shall be made available to consumers in advance, in such a manner that the order cannot be submitted unless the user has first acknowledged them. After the conclusion of the contract, the business shall refrain from any actions that may modify the terms, in particular, altering the price or informing about the unavailability of the ordered product or service.

5. The consumer shall be adequately informed about the progress of their order.

6. In the event that the business discovers that the consumer was not properly informed or the contract was not concluded with their explicit consent, it shall make every effort to resolve the matter within a reasonable timeframe.

7. Staff of e-commerce businesses who communicate with consumers for the provision of services or sale of products shall be fully informed of the above and respond to consumers’ reasonable questions with clarity and accuracy.

C. Advertising – Promotion

1. Advertising and promotion must comply with applicable legislation.

2. In any case, the following shall apply:

i. Advertising messages and all information provided by businesses must be clear (to the extent possible depending on the medium used) regarding the identity of the business, the characteristics and the final price of the advertised product, or, if this is not possible, the method of calculation, in simple and comprehensible language for the consumer, enabling them to evaluate the information and make a safe and informed purchasing decision.
ii. Advertisements or other offers shall avoid misleading or aggressive practices before, during, and after a commercial transaction related to a specific product or service that could directly or indirectly mislead the consumer regarding the product or service being promoted.
iii. Staff in direct contact with the consumer shall not mislead or attempt to mislead consumers in any way through acts or omissions, giving false impressions regarding the service or product offered.
iv. The business shall not provide incomplete or inaccurate information regarding the availability of the service or product to the consumer.
v. Any advertisement or promotional activity specifically targeting minors shall not directly or indirectly encourage acts of violence, consumption of alcoholic beverages, tobacco products, toxic substances, or any behavior dangerous to their safety or health.
vi. Businesses shall comply with age restrictions established by applicable legislation regarding the promotion and sale of specific categories of products.
vii. Any advertisement or promotional activity targeting persons with disabilities shall ensure accessibility to them.

Article 4

Protection of Minors and Other Vulnerable Groups of the Population

1. The business personnel shall not exploit the vulnerability of consumers belonging to vulnerable groups, such as the elderly, minors, individuals who do not have a good understanding of the Greek language, or persons with disabilities. Businesses shall provide careful, accurate, and objective descriptions of products and services specifically directed to such individuals in a manner that is comprehensible, understandable, and fully accessible to them, so as not to mislead them regarding the actual size, value, nature, purpose, durability, performance, and price of the advertised product or service.

2. Specifically regarding minor consumers, businesses shall, to the extent possible, ensure the establishment of appropriate access conditions to their websites, as provided for in the applicable legislation, on a case-by-case basis.

Article 5

Transaction Security and Personal Data Protection

A. Transaction Security

1. Businesses shall take measures to ensure the security of transactions conducted through the use of Information and Communication Technologies (ICT).

2. In this context, and in accordance with the applicable legislation, businesses shall make every possible effort to use themselves, or through their partners, appropriate tools and measures according to the category and type of their business activity and the nature of the data they collect and process (personal or otherwise). They shall implement all appropriate measures to provide the legally required security for electronic transactions (corresponding to the various stages of their completion) and the data (personal or otherwise) they collect and process, as well as inform the transacting parties of the main parameters of the security and confidentiality measures used, with special reference to the terms of use of the website.

3. Businesses shall employ appropriate technical and organizational measures to safeguard the confidentiality of the data they collect and process, to the extent legally required and depending on the nature of the products and services they provide.

B. Personal Data Protection

1. Businesses are obliged to maintain and implement a Privacy Policy that is understandable, truthful, lawful, easily accessible, and up-to-date, and to inform consumers as required by the relevant legislation and the Hellenic Data Protection Authority guidelines regarding this Privacy Policy.

2. The collection, storage, or processing of data legally classified as sensitive—i.e., data concerning racial or ethnic origin, political opinions, religious or philosophical beliefs, membership in a union, association, or trade union organization, health, social welfare, or data related to criminal prosecutions or convictions—is prohibited unless the conditions and requirements established by law and the Hellenic Data Protection Authority are met.

3. The collection, processing, retention, and use of all other personal data shall occur only when permitted under the applicable legal framework and always in accordance with its prescribed conditions.

4. Specifically regarding the use of cookies of any kind, their installation shall occur only after appropriate consumer information and based on their consent, in accordance with the law and the relevant guidelines of the Hellenic Data Protection Authority.

5. In the absence of consent/acceptance of cookies, businesses shall, to the extent technologically feasible, allow the consumer to continue using the website without the sending of cookies.

6. Businesses shall ensure that personal data collected are not disclosed or transmitted to third parties without prior notification or consent of the data subject, except in cases where provided for by law, always in accordance with data protection legislation.

7. Businesses shall respect consumers’ wish not to be included in databases intended for unsolicited commercial communications via human intervention (calls) for the promotion or supply of products or services, provided they have expressed this preference to the publicly available service provider.

8. Businesses shall provide consumers with the option to choose whether they wish to receive promotional messages and any type of informational newsletters, and, in the case of consent, allow them to freely withdraw it. Businesses shall thereafter be obliged not to resend new promotional messages or newsletters unless renewed consent is provided or legal requirements are met anew.

9. Consumers have the right to immediate access to information regarding their personal data, to object to its use in future promotional activities, to request partial or full deletion from business records, to request correction or completion, to be informed about the time and manner of the initial acquisition of their personal data by the business, and to be informed about the applied personal data protection methods.

Article 6

Right of Withdrawal for Consumers

1. The consumer has an inalienable right to withdraw without justification and without incurring any costs, in accordance with the provisions of the applicable legislation.

2. Before the consumer is contractually bound, the supplier must inform them clearly, distinctly, and understandably, in their language, about their right to exercise an unconditional and cost-free withdrawal within the legally prescribed period of fourteen (14) days, which begins from the point in time determined by law. The supplier must also provide information on the terms, conditions, exceptions, and procedure for exercising the right of withdrawal, as well as the consequences of exercising it, taking into account the specific nature of each product or service, and provide a template withdrawal form.

Article 7

Consumer Service

1. The enterprise shall ensure that it maintains appropriate mechanisms (via telephone and/or e-mail) and sufficient personnel dedicated to consumer service, making reasonable efforts to respond to consumer inquiries within the legally prescribed timeframes applicable in each case.

2. When communication occurs through a call center, the enterprise shall ensure that the consumer is not subjected to excessive waiting times and, in any case, that the cost of the call does not exceed the charges applicable to standard local calls.
When communication occurs through the enterprise’s online contact form or e-mail address, measures shall be taken to provide a response within a reasonable period from the receipt of the consumer’s request.

Article 8

Online Alternative Dispute Resolution for Consumer Disputes

1. Enterprises shall inform consumers of the possibility of alternative dispute resolution for disputes arising from contracts for the online sale of goods or the provision of services, by using registered ADR bodies listed in the Register in accordance with Joint Ministerial Decision 70330/2015.

2. Whether or not enterprises are committed to using ADR, they shall provide, in an easily accessible manner through their websites, an electronic link to the EU-wide online platform for alternative dispute resolution (ODR platform), pursuant to the provisions of Regulation (EU) 524/2013, through which consumers may submit their complaints, which will then be forwarded to the relevant ADR body.

Source: https://www.greekecommerce.gr/vivliothiki/kodikas-deontologias/

 

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