Unjustified Consumer Withdrawal (Article 4 par. 10 Law 2251/1994, in conjunction with JMD Z1-891 / 2013)
The special right of the consumer to unjustifiably withdraw from the contract, especially when the user / customer is a natural person (i.e. not a legal entity, even a non-profit one) purchasing products remotely from the Company's online store exclusively for private use, and not in the context of professional activity (hereinafter referred to as “Consumer”) shall have the right to withdraw, with any justification, from remotely purchasing a product within the exclusive time limit of fourteen (14) calendar days from delivery of the physical possession of the product to the Consumer or an authorized person, as provided above in Clause 15, returning the product to its original state. Consumer withdrawal may be unjustified, without the consumer being obliged to state reasons justifying the withdrawal, as well as without incurring any financial burden on the consumer, except for the cost of returning the product and any reduction in the value of the product, in particular cases mentioned below.
Unjustified withdrawal of the consumer from distance sales might take place by any convenient means of the Consumer’s own choice. However, the Consumer is obliged to prove timely exercise of such right (within the 14-day period from taking over the product’s physical possession). The Company online store, for the convenience of users / consumers, suggests the following alternative ways of exercising the right of withdrawal:
- by email to the Company email address email@example.com
- by registered letter to Company at the postal address 28 Kaftantzoglou L. street, Thessaloniki, or
- by telephone at 2310 819920
Upon receipt by the Company of the consumer's statement of exercise of the right of unjustified withdrawal, the Company shall send the consumer a written confirmation of receipt of the exercise of the right of withdrawal. It should be noted that calculation of the aforementioned 14-day time-limit for the exercise of the consumer's unjustified withdrawal right takes into account only the time of submission of the withdrawal declaration, irrespective of the time of receipt by the Company.
Upon exercise of the right of unjustified withdrawal as set forth above, and within the time limit of fourteen (14) calendar days from the date on which the right of withdrawal was exercised, the consumer shall return the purchased product, bearing the respective costs. Returns can be made in the following ways:
- by the consumer, in any physical store of the Company, or
- by shipping the product at the address 28 Kaftantzoglou L. street, Thessaloniki, via the consumer's preferred carrier and at their own expense.
It is noted that the risk of loss, damage or destruction of the product remains with the consumer until the Company has received the product back.
The Company shall, within fourteen (14) calendar days from the date on which it became aware of the valid exercise of the right of withdrawal by the consumer, refund in full the purchase price of the product, using the same method of payment used by the consumer (unless the consumer agrees otherwise). However, the Company is entitled to withhold the refund until receipt of the products or until the consumer sends proof that the products have been delivered for a refund.
The Company shall not be obliged to return to the consumer part or all of the price of the returned product after unjustified withdrawal, in case the value of the product has been impaired due to the consumer's use of the product in an inappropriate manner, that is to say, in a manner different from a common examination of the product to ascertain its nature, characteristics and function, as it would have been in a physical store. In this case, the consumer is liable for the impairment of the value of the product due to improper use. The Company expressly reserves the right to inspect the returned products upon receipt and to retain part or all of the refund, in proportion to any impaired value due to improper use by the Consumer.
Exceptionally, the consumer's right of unjustified withdrawal from the distance sales contract shall not apply, and the consumer may not return the product purchased without prejudice in the following cases:
- In case the product has been pre-ordered (closed type of order) from abroad after the requirement and choice of the consumer and based on the specifications the supplier has given, returns are not accepted at all.
- In the case of used tires after inspection by the consumer and their shipment or installation the tires are not accepted for return.
- In the case of products manufactured specifically for the consumer, with specific specifications or requirements of the consumer or generally tailor- made products (custom made products)
- Where the products have been used, as their use clearly falls outside the scope of a usual examination of the product for the purpose of ascertaining its nature, characteristics and function, as would occur in a physical store, making the product a second-hand product.
- In the case of materials and raw materials, which have been unsealed from their packaging
- In the case of products which are not eligible for refund once unsealed, for health or hygiene reasons
- In cases of service provision, after full-service provision
- In the case where the consumer has only made an online booking of a product, without payment, in order to purchase it from a physical shop, as this transaction does not constitute a distance sale, which the right of unjustified withdrawal of the consumer is only applicable.
It is understood that in all the above cases, as in any case, the consumer retains his / her full right of withdrawal from the contract of sale and return of the product due to legal or actual defects or lack of concerted properties which he / she finds upon receipt and use, in accordance with the general provisions of Articles 540 et seq. of the Civil Code, Article 5 of Law 2251/1994 and other consumer and customer protection provisions.