INTERNET CONTRACTS THROUGH THE INTERNET
(E-COMMERCE)
INTERNET CONTRACTS THROUGH THE INTERNET
(E-COMMERCE)
Internet sales are regulated by the Directive
2000/31 / EC on e-commerce, to which Greek legislation was harmonized with Presidential Decree 131/2003. concluding an electronic contract, selling goods or
providing services (financial, freelance) remotely, without the physical presence of the parties, entirely through electronic processing equipment and the contract is concluded at the request of the recipient.
Obligations of the service provider for consumer information
As these are distance contracts, the need for adequate consumer information is imperative.
Therefore, the distance selling operator or provides services via the internet owes:
1. to offer on its website easy, direct and permanent
access to some clear general information regarding its
name, the geographical address where it is located,
its e-mail address, while when reference is made to the price of the
good or service, the total price must be stated in the
which must include tax and additional costs.
It must also provide the information specified for the
distance and out-of-store contracts in article
3b par.1 Law 2251/1994 on consumer protection:
Before the consumer is bound by a contract concluded remotely or outside
a commercial store or any similar 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 that < It is appropriate in relation to the medium and the goods or what services;
b) the identity of the supplier, for example his trade name;
c) the geographical address where the supplier is established and the
telephone number of the supplier, the fax number and his
e-mail address, if any, so that the consumer can
contact the supplier quickly and efficiently
and, where appropriate, his geographical address and identity
on whose behalf it operates;
(d) if it differs from the address provided under indent (c), the geographical address of the supplier ‘s registered office and, where appropriate, the address of the on whose behalf it acts,
where the consumer may make any complaints;
e) the total price of the goods or services, including VAT
and any other fee, or if, due to the nature of the goods or services, the
price cannot reasonably be determined in advance, the way in which the price is to be calculated, as well as, where applicable, all
additional shipping, delivery or postage charges and any other expense or, where these charges cannot reasonably be calculated in advance, the fact that such additional charges may be required. In case of an indefinite contract or a contract that
includes a subscription, the total price includes the total cost per
billing period. If these contracts are charged at a fixed price, the
total price also means the total monthly cost. If the total cost
cannot reasonably be estimated in advance, the
way in which the price is to be calculated is described;
(f) the cost of using the remote communication medium for < conclusion of the contract, when it is calculated on the basis of other than the basic invoices
; g) the arrangements for payment, delivery, execution, the deadline within which the supplier undertakes to deliver goods or services and, where applicable, the supplier’s policy for dealing with complaints;
(h) where there is a right of withdrawal, the conditions, the deadline and
the 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
Ν. 2251/1994 “For the protection of consumers”;
i) where applicable, that the consumer will be charged with the cost of
return of goods in case of withdrawal and, for
distance contracts , if the goods by their nature cannot under normal circumstances be returned by post, the cost of their return;
j) in case the consumer exercises the right of withdrawal after
has used the Article 3c (3) or Article 3d
paragraph 8, that the consumer undertakes to pay the reasonable cost to the supplier in accordance with Article 3i (3); where
the circumstances in which the consumer loses his right of withdrawal
;
(l) a reminder of the seller’s liability for actual defects
and a lack of agreed properties in accordance with Articles 534 et seq. of the Civil Code;
m) where applicable, the existence and conditions of application of
customer support services after the sale, after-sales service and
commercial guarantees;
n) the existence of relevant codes of conduct, as defined in Article 9a
case f) of Law 2251/94, and the manner of obtaining copies thereof, as the case may be; (o) the duration of the contract, where applicable, or, if the contract is of indefinite duration or automatic extension, the conditions for termination of the contract;
p) where applicable, the minimum duration of the consumer’s obligations under the contract;
q) where applicable, the existence and conditions of deposit of money or
other financial guarantees to be paid or provided by the consumer whenever requested by the supplier;
r) where applicable, the capabilities of the digital
content, together with the applicable technical protection measures;
s) where applicable, any standard interoperability of digital
content with hardware and software of which the supplier has knowledge or
reasonably expected to have knowledge;
k) where applicable, the possibility of recourse to an out-of-court
grievance and redress mechanism to which the supplier belongs, ways to access it.
2. It must also provide more specific information concerning
especially in the process of preparation of contracts concluded by
electronic means according to article 9 par. 1 PD 131/2003:
“Apart from other provision requirements provided by the provisions in force and unless otherwise agreed by non-consumer parties, the service provider must provide at least the following information in a clear, comprehensible manner. /> and undisputed, before the order is placed by the recipient of the service:
(a) the various technical stages until the conclusion of the contract,
(b) if the service provider whether or not to file the contract after its conclusion and whether access to it is provided for,
(c) the technical means to enable the detection and correction of
electronic handling errors before the assignment of the order,
(d) the languages in which if the contract is concluded,
(e) the relevant codes of conduct to which it is subject, as well as the
data allowing access to those codes by electronic means. “.
The procedure is as follows: the consumer must submit to the
service provider by electronic technology the
statement of his will by submitting his order and when it reaches the operator, he must send to the
consumer, without delay and by electronic means, a
proof of receipt.
Right of withdrawal of the consumer
electronically developed implementation contracts are subject to the provisions of
AK 543 et seq. which regulate the sale of goods with real defects or lack of contracted properties and the rights
of the consumer. goods have a real defect or lack of agreed quality
the buyer entitled:
ωση Correction or replacement of the thing (at no charge to the buyer and within a reasonable time)
τιμή Price reduction (if he paid it he seeks the amount of the reduction
according to article 904 of the Civil Code, if he did not pay it he is exempted in the amount of
the reduction from the initially agreed price)
Right withdrawal from the contract of sale with which
the sale disappears and a mutual obligation is created
for the parties to reimburse the benefits according to article 904 of the Civil Code
may
exercise: 1. instead of the above rights, in case
he refuses to receive the defective thing and claims
compensation for non-fulfillment or if he receives it and requests compensation
for the damage due to the defect or the
lack of the thing and 2. Cumulative with the above
rights of AK 540, for the damage that is not covered by their
exercise.
Also, the provision of article 3 e par. 1 of Law 2251/1994 is applied
and is provided to the consumer who concludes a contract with the by electronic means
the right to withdraw from the electronic contract
without compensation and without having to justify his decision as
as follows: “Unless the exceptions provided for in Article 3l apply, the
the consumer has a period of 14 calendar days to withdraw
from the remote contract or the contract outside the commercial store
without stating the reasons and without any charge beyond the
provided in article 3i paragraph 2 and Article 3i. “.
Risks when paying online (Faq)
When online sales are made and payment is made online by credit card, there is a risk
interception of card data during their transmission from the consumer to the supplier.
The new Payment Services Directive (PSD2, Directive
2015/2366 / EU), which was incorporated in Greek Law by
Law 4537/2018, has the purpose, between make payments within the European Economic Area (EEA) more secure and easy.
This Directive, from 14 September 2019, modernizes transactions in the European Economic Area (EEA). internet (e-commerce). The changes are specifically about
the strong identification of the holder. Online shopping with
debit, credit or prepaid cards should
are performed with strong customer authentication at the time of purchase.
What does strong customer authentication mean?
Strong customer authentication is a verification process that
certifies the holder of the card and is based on the use of at least
two items from the following 3 categories.
Something that the user:
μόνο Only he knows (eg password or PIN)
It is in his possession (eg a code generator
authentication code).
It is (eg the use of a fingerprint)
That is, it is no longer enough to just enter of card details
(card number, expiration date, three-digit security code).
How to make online card purchases (e-
commerce);
The strong customer identification, during the purchase,
will be done through:
web web / mobile banking codes (something the customer knows)
SMS extraPIN or push notification (something sent to the customer)
According to the above, in order to make purchases in
online stores, within the European Economic Area,
with Bank cards (debit, credit, prepaid) you must
have web codes banking and have a mobile phone registered at the
Bank to receive extraPIN.
How is an internet transaction carried out with a card
(e-commerce), with strong identification?
Strong Customer Authentication (SCA) procedure applies to transactions in online
card stores in countries within the EEA. At the time of payment,
after entering the card details, you will be asked to
identify yourself in the following ways:
a) the user codes, which you use to enter in
electronic banking of the Bank (web / mobile) and
b) a unique code, which will be sent to you with sms extraPIN or push
notification on the mobile phone you have declared.
διαδικασία The process is strong strong customer
authentication – SCA) applies to all Bank cards?
The strong authentication process applies to all credit, debit, rechargeable prepaid cards
Strong customer authentication (SCA) process,
applies to electronic card transactions in countries
outside the European Economic Area (EEA)?
No, applies to transactions with card in online stores
established in countries within the EEA.
Can I make card purchases online (e-
commerce), without strong identification?
For value transactions up to € 30 made online,
strong identification will not be required up to the amount of € 100,
cumulatively. In addition, a transaction with strong identification must be made. Each time a
transaction with strong identification takes place, the limit of € 100 is zeroed.
The cumulative limit of € 100, for transactions in online
card stores without strong identification, also applies < br /> in countries outside the EEA?
No, only valid for transactions in online stores in countries
within the EEA.
There is a limit to the number of transactions under
€ 30 with card on the internet, without strong identification?
No, there is no limit to the number of transactions, except
up to the amount of € 100 cumulatively.