Return Policy
1.
12.1.
Especially in the case where the user/customer is a natural person (i.e. not a
legal entity, even a non-profit) who purchases products remotely from the
COMPANY's online store exclusively for his/her private use and not in the
context of his/her professional activity (hereinafter "the consumer")
is entitled to withdraw without justification from the remote purchase of a
product within an exclusive period of fourteen (14) calendar days from the date
of delivery of the physical possession of the product to him/her or to a third
party. The withdrawal of the consumer is unjustified, without the consumer
being obliged to invoke reasons justifying the withdrawal, and without any
charge to the consumer, only for the first time he returns the order and only
for orders within Greece.
All
returns from Cyprus, as well as any subsequent returns after the first return
of the product by the same consumer in Greece will be charged with the courier
company's shipping costs.
12.2.
Actiοn and
deadline: The unjustified withdrawal of the consumer from the
distance sale is carried out by any appropriate way and means chosen by the
consumer, who, however, bears the burden of proof of its timely exercise
(within the exclusive period of 14 calendar days from the acquisition of
physical possession of the product as described above). The COMPANY's online
store for the convenience of users/consumers, proposes the following
alternative ways of exercising their right of unjustified withdrawal:
- (a)
Filling in the relevant online form that can be found in the online store www.itoocan.gr
or
- (b)
by email to the COMPANY's email address customercare@itoocan.grin
which you will indicate the order number and contact details, a
brief description in order for the COMPANY to contact the customer.
As soon as
the COMPANY receives the consumer's declaration for the exercise of his
right of unjustified withdrawal, COMPANY will send the consumer a written
confirmation of the receipt of the declaration form of the exercised right of
withdrawal. It should be noted that for the calculation of the above
fourteen-day period for the timely exercise of the consumer's right of
unjustified withdrawal, only the time of submission of the withdrawal statement
is taken into account, regardless of the time of its receipt by COMPANY.
12.3.
Results of exercise and mutual obligations : After the exercise of the right of
unjustified withdrawal, and within a period of fourteen (14) calendar days from
the date of exercise of the right of withdrawal, the consumer must return the
purchased product, with free shipping only the first time he returns a
product and only for orders within Greece. Returns from Cyprus will be charged
with a shipping cost equivalent to the one selected when choosing the shipping
option of the product. Any
subsequent return or exchange by the same consumer will be subject to a charge
for shipping costs. The return can be done in the following way - steps:
1.Informing
the COMPANY by filling in the relevant form in the online store www.itoocan.gr
13.
by sending it to the postal address 30 Olympiou Diamanti, Thessaloniki, P.O.
Box 54626 through the external partner-carrier of the COMPANY, without bearing
the cost of transport, as mentioned above (within Greece and for the first
return).
Please
note that the risk of loss, damage or destruction of the product remains with
the consumer until the receipt of the product by COMPANY.
In the case of return of the product through the external partner-carrier of
the COMPANY, the COMPANY is considered to have received the product upon
receipt of the product from its external partner-carrier, so in this case the
risk of transport belongs to the COMPANY.
12.4
The COMPANY must within a period of fourteen (14) calendar days, from the date
it became aware of the valid exercise of the right of withdrawal by the
consumer, refund in full the total purchase price of the product with the same
means of payment that the consumer used for the payment of the price (unless
the consumer agrees otherwise). However, the COMPANY is entitled to retain the
price until the goods are received.
12.4
The COMPANY must within a period of fourteen (14) calendar days, from the date
it became aware of the valid exercise of the right of withdrawal by the
consumer, refund in full the total amount paidi with the
same means of payment that the consumer used for the payment of the amount
(unless the consumer agrees otherwise). However, the COMPANY is entitled to
retain the amount until the goods are received.
12.5.
Impairment of the value of the returned product due to improper use by the
consumer: The COMPANY is not obliged to return to the consumer part or all
of the price of the returned product after an unjustified withdrawal, if there
is a reduction in the value of the product due to the use of the product by the
consumer in an inappropriate way, i.e. in a way that deviates from the usual
examination of the product to determine its nature, characteristics and
operation, as it would take place in a physical store. In this case the consumer
is liable for the depreciation of the product due to its improper use. The
COMPANY explicitly reserves the right to check the returned product after its
receipt and to retain part or all of the price depending on the depreciated
value of the product at the consumer's risk due to its improper use.
12.6
Exceptions to the application of the consumer's right of unjustified
withdrawal: Exceptionally, the consumer's right of unjustified withdrawal
from the distance selling contract does not apply, and the consumer cannot
return the purchased product without compensation in the following cases:
α) In the case
of products that have been manufactured specifically for the consumer, with
special specifications or requirements of the consumer or in general products
personalised for the consumer (custom made products).
(b)
In cases where the products have been used, since their use clearly goes beyond
the normal examination of the product to ascertain its nature, characteristics
and functioning as it would be carried out in a physical shop, making the
product second-hand.
(c)
In cases of products that are not suitable for return once unsealed
for health or hygiene reasons (e.g. bottom of swimwear, underwear)
(d)
In cases of provision of services, after the service has been fully provided.
In
all of the above cases, as in all cases, the consumer retains in full his
general right to withdraw from the sales contract and return the product due to
legal or factual defects or lack of agreed properties that he finds after
receipt and use, in accordance with the general
provisions of articles 540 et seq. of the Civil Code, article 5 of Law No.
2251/1994 and the other provisions for the protection of the consumer and the
buyer in general.
14.Buyer's
statutory rights
13.1
Pursuant to Article 540 of the Civil Code it is provided that:
"
in cases where the seller is liable for an actual defect or lack of agreed
quality ("statutory warranty"), the buyer is entitled at his
option:
-
to demand, without charge, the repair or replacement of the goods with another,
unless such action is impossible or requires disproportionate costs,
-
to reduce the price,
-
to withdraw from the contract, except in the case of a minor actual defect.
13.2
The seller must carry out the correction or replacement within a reasonable
time and without significant inconvenience to the buyer." And according to
Article 554 of the Civil Code, "the buyer's rights due to an actual defect
or lack of agreed quality shall expire after five years for immovable property
and two years for movable property".
-
to reduce the price,
-
to withdraw from the contract, except in the case of a minor actual defect.
13.2
The seller must carry out the correction or replacement within a reasonable
time and without significant inconvenience to the buyer." And according to
Article 554 of the Civil Code, "the buyer's rights due to an actual defect
or lack of agreed quality shall expire after five years for immovable property
and two years for movable property".
15. GUARANTEE
In every sale, the seller is obliged to deliver
the goods to the consumer in conformity with the contract of sale and without actual defects, in accordance with
Articles 534 et seq. of the Civil Code. The consumer's waiver of protection
before the appearance of the defect or lack of the agreed quality is invalid.