1. Before the consumer is bound by a distance or off-premises contract or any corresponding offer, the supplier shall provide the consumer with the following information in a clear and comprehensible manner:
(a) the main characteristics of the goods or services, to the extent appropriate to the medium and the goods or services;
(b) the identity of the supplier, such as his trade name;
(c) the geographical address where the supplier is established and the supplier’s telephone number, fax number and e-mail address, if any, to enable the consumer to contact the supplier quickly and efficiently and, where applicable, the geographical address and identity of the supplier on whose behalf he is acting;
(d) if different from the address provided under point (c), the geographical address of the supplier’s registered place of business and, where appropriate, the address of the supplier on whose behalf he is acting, where the consumer may address any complaints;
(e) the total price of the goods or services, including VAT and any other charge, or if, due to the nature of the goods or services, the price cannot reasonably be determined in advance, the manner in which the price is to be calculated, as well as, where applicable, all additional shipping, delivery or postal charges and any other costs, or where such charges cannot reasonably be calculated in advance, the fact that such additional charges may be required. In the case of an open-ended contract or a contract that includes a subscription, the total price shall include the total cost per billing period. If these contracts incur a fixed price, the total price also means the total monthly expenditure. If the total cost cannot reasonably be calculated in advance, describe how the price is to be calculated
(f) the cost of using the means of distance communication for the conclusion of the contract, where this is calculated on the basis of a tariff other than the basic tariffs;
(g) the arrangements for payment, delivery, execution, the period within which the supplier undertakes to deliver the goods or provide the services and, where applicable, the policy pursued by the supplier to deal with complaints;
(h) where there is a right of withdrawal, the conditions, time limit and procedures for exercising the right in accordance with Article 3g(1), as well as the model of the withdrawal form set out in section B of the Annex which is annexed and forms an integral part of N. Regulation (EC) No 2251/1994 on consumer protection.
(i) where applicable, that the consumer will bear the cost of returning the goods in the event of withdrawal and, for distance contracts, if the goods by their nature cannot be returned by post, the cost of returning them;
(j) where the consumer exercises the right of withdrawal after having made use of his possibility, that the consumer undertakes to pay the reasonable costs to the supplier.
(k) where no right of withdrawal is granted in accordance with paragraph F, the information that the consumer will not have a right of withdrawal or, where applicable, the circumstances in which the consumer loses his right of withdrawal;
(l) a reminder of the existence of the seller’s liability for actual defects and lack of agreed properties in accordance with Article 534 et seq. of the Civil Code
(m) where applicable, the existence and conditions of application of after-sales support, after-sales service and commercial guarantee services;
(n) the existence of relevant codes of conduct, as defined in N. Regulation (EEC) No 2251/94, and the arrangements for obtaining copies thereof, where applicable,
(o) the duration of the contract, where applicable, or, if the contract is of indeterminate duration or automatically extended, the conditions for terminating the contract;
(p) where applicable, the minimum duration of the consumer’s obligations under the contract;
(q) where applicable, the existence and conditions of the deposit of money or other financial guarantees to be paid or provided by the consumer whenever the supplier so requests;
(r) where applicable, the functional possibilities of the digital content, together with the applicable technical protection measures;
(s) where applicable, any typical interoperability of digital content with hardware and software of which the supplier is aware or can reasonably be expected to be aware;
(t) where applicable, the possibility of having recourse to an out-of-court complaint and redress mechanism;
to which the supplier belongs and the means of accessing it.
4. The information referred to in paragraph 1 shall form an integral part of the distance or off-premises contract and shall not be altered unless expressly agreed by the parties.
5. Where the supplier has not complied with the obligations to provide information on the surcharges or other costs referred to in paragraph 1(e) or on the costs of returning the goods as referred to in paragraph 1(i), the consumer shall not pay those charges or costs.
6. As regards the fulfilment of the information obligations laid down in Articles 3b to 3l, the burden of proof shall lie with the supplier.
7. If the supplier fails to comply with the information obligations laid down in this Article, the distance or off-premises contract shall be void in favour of the consumer.
Product returns
Product returns
1. Unless the exceptions set out below apply (see F), the consumer shall have a period of 14 calendar days to withdraw from the distance or off-premises contract without giving any reasons and without incurring any charges beyond those provided for (see below under C and D).
2. Without prejudice to Article 3f, the withdrawal period provided for in paragraph 1 of this Article shall expire 14 calendar days, in the case of sales contracts, from the day on which the consumer or a third party indicated by him, other than the carrier, acquires physical possession of the goods or:
(i) from the day on which the consumer or a third party indicated by him, other than the carrier, acquires physical possession of the last good, in the case of several goods ordered by the consumer in one order and delivered separately;
(ii) from the day on which the consumer or a third party indicated by him, other than the carrier, acquires physical possession of the last lot or piece in the case of the supply of goods consisting of several lots or pieces;
(iii) from the day on which the consumer or a third party indicated by him, other than the carrier, acquires physical possession of the first good, in the case of a contract for the regular supply of goods over a specified period of time;
3. The contracting parties may, if they so wish, perform their contractual obligations during the withdrawal period.
A. Exercise of the right of withdrawal
1. Before the expiry of the withdrawal period, the consumer shall inform the supplier of his decision to withdraw from the contract. To that end, the consumer may:
(a) or use the model withdrawal form set out here;
(b) or to make any other clear statement setting out his decision to withdraw from the contract.
2. The consumer has made use of the right of withdrawal within the period referred to above, if the notice of exercise of the right of withdrawal is sent by the consumer before the expiry of the time limit.
3. The supplier may, in addition to the possibilities referred to in paragraph 1, give the option to the consumer to complete and submit electronically either the model withdrawal form set out here, or any other clear statement found on the supplier’s website. In such cases, the supplier shall without delay communicate to the consumer an acknowledgement of receipt of such withdrawal on a durable medium.
4. The consumer shall bear the burden of proving that he has exercised his right of withdrawal under this Article.
B. Effects of withdrawal
The exercise of the right of withdrawal terminates the obligations of the contracting parties:
(a) to perform the distance or off-premises contract, or
(b) to conclude a distance or off-premises contract in cases where an offer has been made by the consumer.
C. Obligations of the supplier in the event of withdrawal
1. The supplier shall reimburse any payment received from the consumer, including, where applicable, delivery costs, without undue delay and in any event within 14 calendar days from the day on which he was informed of the consumer’s decision to withdraw from the contract.
The supplier shall make the refund referred to in the first subparagraph using the same means of payment as the consumer used for the original transaction, unless the consumer has expressly agreed otherwise and provided that the consumer is not charged with any costs arising from the refund.
2. By way of derogation from the above, the supplier shall not be required to reimburse additional delivery costs if the consumer has expressly chosen a delivery method other than the cheapest standard delivery method offered by the supplier.
3. Unless the supplier has offered to receive the goods himself, in the case of sales contracts, the supplier may withhold reimbursement until he has received the goods back or until the consumer has provided evidence that he has sent back the goods, whichever occurs first.
D. Obligations of the consumer in case of withdrawal
1. Unless the supplier has offered to take delivery of the goods himself, the consumer shall return the goods or transfer them to the supplier or to a person authorised by the supplier to receive the goods without undue delay and in any event within 14 calendar days from the day on which he informed the supplier of his decision to withdraw from the contract. The deadline is met if the consumer sends back the goods before the expiry of the 14-day period.
The consumer shall only bear the direct costs of returning the goods, unless the supplier has agreed to bear those costs himself or the supplier has failed to inform the consumer that the consumer must bear them.
In the case of off-premises contracts, where the goods have been delivered to the consumer’s home at the time of conclusion of the contract, the supplier shall collect the goods at his own expense in so far as they are goods which by their nature cannot normally be returned by post.
2. The consumer shall be liable for any diminished value of the goods only as a result of the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods. The consumer shall under no circumstances be liable for any reduction in the value of the goods where the supplier has not provided notification of the right of withdrawal.
3. If the consumer exercises his right of withdrawal after having already made a request in accordance with the above, the consumer shall pay the supplier, in comparison with the full coverage of the contract, an amount proportionate to that provided up to the moment when the consumer informed the supplier that he would exercise his right of withdrawal. The proportionate amount that the consumer has to pay to the supplier shall be calculated on the basis of the total price agreed in the contract. If the total price is excessive, the proportionate amount should be calculated on the basis of the market value of the supplies.
4. Unless otherwise specified, the consumer shall not be liable if he exercises his right of withdrawal.
E. Consequences of exercising the right of withdrawal in linked contracts
1. Without prejudice to Article 15 of Joint Ministerial Decision Z1-699/2010 (B ́ 917) “Adapting Greek legislation to Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC”, if the consumer exercises his right of withdrawal from a distance or off-premises contract in accordance with the above, Any linked contracts shall terminate automatically, at no cost to the consumer, except as provided above.
F. Exceptions to the right of withdrawal
The right of withdrawal provided for above for distance and off-premises contracts shall not apply in the following cases:
(a) service contracts after the service has been fully provided, if the performance began with the consumer’s prior express consent, and with the consumer’s acknowledgement that he will lose his right of withdrawal once the contract has been fully performed by the supplier;
(b) the supply of goods or services the price of which depends on fluctuations in the money market which cannot be controlled by the supplier and which may occur within the withdrawal period;
(c) the supply of goods manufactured to the consumer’s specifications or clearly personalised;
(d) the supply of goods which may deteriorate or expire rapidly;
(e) the supply of sealed goods which are not suitable for return, for health protection or hygiene reasons, and which have been unsealed after delivery;
(f) the supply of goods which, after delivery, by their nature, are inextricably mixed with other elements;
G. Failure to provide information on the right of withdrawal
1. If the supplier has not provided the consumer with the information on the right of withdrawal as required, the withdrawal period shall expire 12 months after the end of the initial withdrawal period as specified above.
2. Where the supplier has provided the consumer with the information referred to above, the withdrawal period shall expire 14 calendar days from the day on which the consumer receives that information.
International Shipping Note: Please be advised that some countries do not allow the sale or import of e-cigarettes and related products. If you are placing an order of such products, which are to be delivered to one of these countries, please make sure you are aware of local regulations and customs policies, as your order could be withheld or seized by Customs if the import of (some or all) of the products you have ordered is not allowed. TRAVELLERS EMPORIKI P.C. is not responsible for any delays in receiving the order and/or withholdings or seizures of products due to applicable rules or customs policies in the country where the products are to be delivered.
Also, the delivery of products outside the EU may be subject to customs duties and/or local import taxes and it is your responsibility to know if such taxes apply. In the event that import duties and taxes apply to your order, the shipping company DHL will contact you as soon as your order is at Customs in order to inform you of the relevant customs clearance costs, which may delay the estimated delivery time. It is your responsibility to pay the necessary duties and/or taxes to the local authorities and to arrange for the release and receipt of your products.
Please note that TRAVELLERS EMPORIKI P.C. is not responsible for products that may be withheld or seized at the Customs office of the country of their dispatch and you will not be compensated by TRAVELLERS EMPORIKI P.C. for the products withheld or seized.
If you do not pay the import duties and taxes corresponding to the products you ordered and therefore the products are not released to you, TRAVELLERS EMPORIKI P.C. reserves the right to charge you – in addition to the purchase amount you paid – any additional costs incurred for this purpose (e.g. costs of returning the products to Greece).
