Code of Conduct
«Code of Consumer Ethics for the e-commerce.
Article 1
Purpose and Scope of Application
- The Code sets the general principles and specifies the minimum rules of business ethics and moral behaviour, which must be applied towards the consumer from the side of the undertakings.
- The Code is applied in the transactions in the framework of sales contracts for goods or services concluded between consumers and suppliers against consideration entirely through the web that is by electronic means remotely without necessary simultaneous physical presence of both parties (B2C transactions).
- The Code consists of rules for the self-regulation of the undertakings which run their business in the e-commerce that addresses consumers and is valid and effective without prejudice to the european and greek laws on e-commerce and consumer protection, which in no way substitutes.
Article 2
Definitions
For the application of the Code the following terms have the meaning attributed to them below:
- The term «undertaking running its business in the field of “electronic commerce”», (hereinafter referred to as undertaking) shall mean legal or natural persons with registered seat in Romania, who provide products or/and services to consumers in Romania or/and abroad, lawfully and directly running their business or/and as intermediaries for the provision of services against consideration direct or indirect by electronic means remotely and after personal choice of the consumer.
- The term «by electronic means remotely» means the services and the products provided by the undertakings and accepted by the consumers through equipments of e-processing, which is provided, transmitted and obtained entirely via the Web or/and mobile networks/text applications).
- As regards the remaining terms, the definitions in the L.2251/1994, as in force, in the p.d. 131/2003 and in the Code of Ethics under article 7 of L.3297/2004, as in force, shall apply.
In case of doubt the definitions of the existing applicable laws shall prevail.
Article 3
General principles and obligations of the e-shops
Α. General principles
The Code is governed by the principles of consumer protection, transparency, impartiality, technical neutrality, business ethics, moral behaviour and respect in privacy, of personal data protection and of the protection of vulnerable population groups, as more specifically referred to in the articles 4 and 5 hereunder.
Β. Minimum information data provided to the consumer
The undertaking shall ensure the pre-contractual information of the consumer in order to make possible his/her full, exact and clear information about the following:
- Full corporate name, seat, postal address, TIN, contact telephone numbers/ e-mail address.
- Registration number in the General Commercial Register (G.C.R./ G.E.MI.).
- Principal features of the products sold and quality of the services provided (e.g total price including VAT or other taxes, shipping costs, or any expenses for the return of the product, any further charges, the terms and methods of payment, the guarantees, size-dimensions of the product), as well as about the payment methods.
- Availability of the services and the products and the deadline, within which the supplier undertakes to deliver the goods or provide the services.
- Characteristics of the charges, possible discount packages or special offers.
- Withdrawal terms from the contract as well as the termination or cancellation of the contract, such as specifically referred to in article 6 hereunder.
- The option for an extrajudicial resolution of their disputes and information about the acknowledged bodies for alternative resolution of consumer disputes, which the suppliers commit or are obliged to use for the resolution of disputes. In case of absence of such commitment or obligation, the suppliers clarify in any case whether they will make use of the relevant bodies as well.
- The option for electronic alternative resolution of disputes, such as more specifically referred to in the article 8 hereunder.
- The terms of after-sales service, any commercial guarantees (content, duration and territorial scope), and the seller’s liability for actual defects and lack of agreed features, in accordance with articles 534 ff. C.C.
- The possible need for frequent maintenance of the products or the existence of spare parts of particularly high cost in relation to the current price of these products.
- The purpose of processing, the recipients or categories of data recipients and the existence of the right of access and objection, as more specifically referred to in article 5B/ par.5 hereunder.
- The codes of ethics or any reliability signs that bind them.
- The above information to the consumer must be comprehensible, lawful, true, updated, easily accessible to everybody, including the persons with disabilities, and verifiable and provided obligatorily in the greek language and optionally in another language.
The terms of the services contract or of the sales of products must be uploaded in the website of the undertaking at a location to which the consumer can easily access.
In cases of submission of an order request by the consumer, the undertaking is obliged to deliver/send directly a statement of receipt of the order request, in which the date of receipt and the order confirmation are clearly written.
The undertaking is responsible to make clear to the consumer the time at which the contract is considered as concluded, under the provisions of the applicable laws. The basic contractual terms should be available to the consumer in advance, and in such a way, that the order application cannot be registered, unless the user has previously become aware of the aforementioned terms. After the conclusion of the contract, the undertaking is obliged to abstain from any act that results in an amendment of its terms, especially from amending the price, or to provide information about the non-availability of the ordered product or service.
The consumer has adequate information about the progress of his/her order.
The undertaking, in the event of finding out that the consumer had no correct information or that the conclusion of the contract did not take place upon his/her explicit consent, makes any effort in order to solve the matter in due time.
The personnel of the undertakings of the e-commerce sector, which comes in contact with the consumers for the provision of services or / and the sale of products, must be fully informed about the aforementioned and respond to reasonable questions of the consumers clearly and accurately.
C. Advertising - Promotion
The advertising and the promotion must be compliant with the applicable laws.
In any case it is appropriate that the following shall apply:
- The advertising messages and all information provided by the undertakings must be (as applicable and to the extent possible based on the kind of media used) clear as to the identity of the undertaking, the features and the final price of the advertised product, or in case this is not possible, as to the method of determination of the price, in a simple and comprehensible wording for the consumer, so that the latter shall be able to evaluate the information provided and proceed safely to the proper, at his/her discretion, decision about the purchase of products or services.
- The advertisements or other offers must abstain from misleading or aggressive policies, before, during and after a commercial transaction related to a specific product or service, and which directly or inductively may mislead the consumer about the product or the service presented.
- The personnel of the undertaking in direct contact with the consumer does not mislead nor seeks to mislead in any way by acts or omissions the consumers by giving wrong impressions about the provided service or / and product.
- The undertaking does not provide deficient or inaccurate information about the option for the provision of the service or for the sale of the product to the consumer.
- Any advertisement and promotional act specially addressed to a group of minors should not urge and drive them, directly or indirectly, to violent acts, use of alcohol, tobacco products, toxic substances or to any kind of dangerous behaviour for their safety and health.
- Τhe undertakings comply with the age limits set by the applicable laws as regards the promotion and sale of specific categories of products.
- Every advertisement and promotional act addressed to disabled individuals should ensure its accessibility to them.
Article 4
Protection of minors and other vulnerable population groups
The personnel of the undertaking does not exploit the incapacity of the consumers who belong to vulnerable groups, such as elderly people, minors, individuals who do not understand well the greek language, or individuals with disabilities. The undertakings shall proceed to careful, accurate and objective descriptions of the products and services specially addressed to such people in a comprehensive, simple way, that is also fully accessible to them, so that these persons are not mislead as regards the actual size, the value, the nature, the purpose, the resilience, the return and the value of the relevant advertised product or service.
Particularly regarding minor consumers the undertakings care - to the extent possible - about the establishment of the appropriate terms of access to their websites according to the provisions per case in the applicable laws.
Article 5
Security of transactions and protection of personal data
Α. Security of transactions
The undertakings take care for the security of transactions made with the use of Information and Communication Technologies (ICT).
The undertakings, in this framework and according to the provisions of the applicable laws, make every possible effort, in order to use themselves or their partners appropriate tools and measures depending on the category and the kind of their business activity and the kind of data collected and processed (personal or not) and apply every appropriate measure, in order to provide the duly prescribed security of electronic transactions (depending on the various stages of their completion) and data (personal or not), that they collect and process, as well as to inform the contracting parties about the basic parameters of the used security and for compliance with the confidentiality clause with special reference to the terms of use of the webpage.
The undertakings shall use the appropriate technical and organisational measures in order to guarantee the confidentiality of the data they collect and process to the extent provided by law and in accordance with the nature of the products and the services they provide.
Β. Protection of personal data
The undertakings are obliged to have and apply a comprehensible, true, lawful, easily accessible and updated Privacy Policy and to inform the consumers, as required by the relevant laws and the directions of the Data Protection Authority about the said Personal Data Protection (Privacy) Policy.
No collection, storage, or processing of data characterised as sensitive by law, is allowed, that is the data relating to racial or ethnic origin, political opinions, religious or philosophical beliefs, the participation in a union, association and trade union, the health, social care as well as data related to criminal prosecutions or convictions, unless the terms and conditions provided by law and specified by the Data Protection Authority shall apply.
The collection, processing, maintenance and use of other personal data is made only when this is provided by the applicable legislative framework, and always according to the terms prescribed in it.
More specifically, regarding the use of “cookies of any kind”, their installation should be made after appropriate notification of the consumer and on the basis of his/her consent, pursuant to the law and the relevant directions of the Data Protection Authority.
In case of non consent/acceptance of “cookies”, the undertakings shall allow, provided it is technologically feasible, the continuing use of the webpage by the consumer, without the sending of cookies.
The undertakings shall ensure that the personal data collected are not communicated nor transmitted to third parties, without prior information or consent of the person concerned, or/and in cases provided by law, always in accordance with the regulations and provisions of the personal data protection legislation.
The undertakings shall respect the wish of the consumers not to be included in files having as purpose the making of non-requested commercial communications with human interference (call) for promotion and supply of products or services, provided they have declared it to the body/authority of a provision available to the public.
The undertakings provide the consumers with the option to choose if desirable the sending of advertising messages and any kind of newsletters and in case of acceptance to have the option of free withdrawal of their consent and the undertakings to have the obligation of non-re-forwarding of new advertising messages and any kind of newsletter from that moment onwards (except for the case that there is a new consent or the law provisions apply anew).
The consumer is entitled to have a direct access to information about issues of his/her personal data, to object against the use of them in future promotional acts, to request and confirm the erasure of the above data in part or in whole from the files of the undertaking, to request their correction or completion, to be informed about the time and the way of the original acquisition of his/her personal data from the undertaking as well as to be informed about the applied methods for the protection of personal data.
Article 6
Right of withdrawal for the consumers
The consumers has an inalienable right for an unjustified and harmless withdrawal in accordance with the provisions of the relevant applicable laws.
Before the consumer commits himself/herself contractually, the supplier must inform him/her, in a clear and comprehensible manner, in his/her language, about his/her right to exercise an unjustified and harmless withdrawal within the deadline of fourteen (14) days provided by law, which commences from the moment specified by law on a case-by-base basis, as well as about the terms, the conditions, the exceptions and the procedure for the exercise of the right to withdrawal, but also about the consequences from the exercise of that right, taking into account the particularity of each product/service and providing him/her with a printed template for the filing of the withdrawal.
Article 7
Consumers’ Service
The undertaking ensures that it has appropriate mechanisms (by a phone call or/and e-mail) and adequate personnel which works for the provision of services to consumers, making reasonable efforts to provide them with information about their requests within the lawful time limits and deadlines per case.
When the communication is made through a call centre, the undertaking ensures that the consumer does not have to wait for an extremely long time and in any case the charge of the call does not exceed the charges applicable for civil calls.
When the communication is made via a web contact form or an e-mail address of the undertaking, care is taken for the sending of the reply within a reasonable period of time as of the receipt of the relevant customer’s request.
Article 8
Electronic Alternative resolution of consumer disputes
The undertakings shall inform the consumers about the option of alternative resolution of consumer disputes arising out of e-shop contracts for the sale of products or the provision of services making use of the registered ADR bodies and authorities in the Register pursuant to the ministerial decision JMD 100335/2019 as well as to JMD 79230/2021.
The undertakings whether or not committed to make use of the ADR provide in an accessible form, through their websites, an electronic link in the Union-wide platform for electronic resolution of consumer disputes (ERS platform), in application of the provisions of the Regulation 2024/3228 (EU)) via which the consumers submit their notice of termination, subsequently forwarding it to the relevant ADR body/authority.»