LEGAL FRAMEWORK

Legal framework for the operation of the online store

A contract of sale entered into through an online store is a contract concluded remotely within the meaning of Article 3 7 of Law 2251/1994 for consumer protection. In these contracts, the law introduces special regulations, in order to fully protect the buyer – consumer. Specifically, the owner of the online store is obliged to clearly and accurately inform the consumer about a series of data and information listed in articles 3 and 4 of Law 2251/1991 (as amended by YA Z1-891 / 2013 and is valid from 13-06-2014), as well as in P.D. 131/2003 on electronic commerce, such as e.g. about the exact name, registered office, contact details (telephone, fax, e-mail address), product features, total price, including VAT, right of withdrawal, payment methods, cost shipment.

Consumer information in accordance with the above, must be done in writing and in a way easily understood by the consumer and in plain language. The supplier is also obliged, immediately after the conclusion of the contract, to provide the consumer with a written confirmation of the contract, stating its basic elements, ie the product that is the subject of the contract and its price, including VAT. , but also other charges and expenses such as shipping costs.

It is stipulated, in fact, that if the supplier does not comply with its obligations to inform the consumer regarding the information described in detail in the law, as well as the formal conditions introduced by the law, with written information in simple and understandable language and the shipment to the consumer in writing confirmation of the contract, then the relevant invalidity of the contract is introduced in favor of the consumer , which means that the consumer can at any time invoke the invalidity of the contract and claim from the supplier the amount paid for the purchase of the product.

Furthermore, informing the consumer about the right of withdrawal is of particular importance.available within 14 calendar days from the purchase of the product and, in fact, without having to cite any reason at all (unjustified withdrawal). For this reason, it must even provide him with information regarding the special withdrawal form listed in section B of the Annex of Law 2251/1994. If the supplier does not fulfill his obligation to inform the consumer of the right of withdrawal, the withdrawal period shall expire 12 months after the end of the initial withdrawal period of 14 days, unless the supplier provides the consumer with the information required for the withdrawal, in which case and the withdrawal period expires 14 calendar days after the consumer receives this information. If the consumer exercises his right of withdrawal in accordance with the above, the supplier must reimburse him any amount received for the purchase of the products without undue delay and, in any case, within 14 calendar days from the notification of the consumer’s decision to withdraw, using for this purpose the same means of payment as those used by the consumer for the original transaction. On the other hand, the consumer must return the product without undue delay and, in any case, within 14 calendar days from the time he stated to the supplier that he is withdrawing from the contract, at which time he will be charged the immediate cost of returning the product,

The law also contains a special provision for suppliers who enter into distance contracts, such as online store owners, which stipulates that every supplier who is required to register in the General Commercial Register (GEMI), must register the relevant activity in GEMI .

In view of the special provisions introduced by the law on online sales contracts, it is essential that each online store website contains well-formulated terms of use , which contain on the one hand all the information required by law and on the other hand the rules. governing product sales and relations between the parties.