Last updated 22nd of May 2018
IMPORTANT LEGAL INFORMATION.
Please read the following terms and conditions of use carefully. These terms govern the use of the website https://www.nobacco.gr/ and services offered through same. They constitute a binding agreement between you and us.
TERMS AND CONDITIONS OF USE
2. Lawful use
4. Personal Data Protection Policy
5.2 Information & products provided
The Company is bound to provide qualitative, complete and timely information on its Website, both with regard to the accuracy of information posted there, and the services and products provided by the e-shop, without prejudice: a) to possible technical or typographical errors which cannot be anticipated or which have occurred unintentionally, or b) the discontinued operation of the Website due to circumstances beyond the Company's control.
5.3 Limited liability
(a) Fully complies with the provisions of the Civil Code regarding sales, and the provisions of Law2251/1994 regarding Consumer Protection, as amended and in force.
(b) Cannot guarantee the availability of products, but it does guarantee to provide timely information regarding unavailability.
(d) Is not liable for any technical problems that may arise for you when you attempt to access the Website and the e-shop and while having access to them which are related to the operation or compatibility of their infrastructure with the use of the Website.
(e) Is not liable or bound by potential errors in specifications, photographs or prices of Products listed in the e-shop and cannot guarantee that there will be no errors resulting from any cause upon entering and/or updating such specifications and/or the price of a Product.
(f) Is not liable for any legal, civil and/or criminal claims nor for any damages (material, specific or consequential, which may include but are not limited to, alternatively and/or cumulatively, loss of profits, data, loss of earnings, financial compensation, moral damage, etc.) suffered by visitors to the Website or third parties due to a cause related to the operation or lack thereof and/or the use of the Website and/or due to inability to provide services and/or information offered through the Website and/or due to prohibited interventions by third parties to products and/or services and/or information available there.
5.4. Personal data
5.4.1 In order to use the e-shop, it is necessary for you to provide certain personal information. To place an order, you will be asked your full name and address, the address to which you wish to have the products sent, your telephone number and your e-mail address, among other things, and in the event you elect to pay by credit card, you will need to provide the card number, date of expiry and security code. By entering your e-mail address, you agree that all information sent to you as part of filling your order may also be sent to the provided e-mail address.
5.5 Orders - Product Purchase
5.5.1 When you enter into a purchase agreement with the Company: During the purchase and completion of each order, you will be guided step by step by the automated instructions of the system. Each order is filed on our databases for as long as it is deemed necessary for the execution of the purchase agreement, unless it is otherwise provided by law or you have given us permission to further process the personal data you communicate to us. Once the order has been completed, you will receive an e-mail (in the language you chose when placing your order) verifying that your order has been received by us. From this point onward, you enter into a purchase agreement with the Company. We also retain the right to communicate with you by telephone to confirm the order if it is deemed necessary. Before the order is completed, you will be able to review your order and amend it.
5.5.2 All orders are subject to approval by the Company. The Company may decline your order at its own discretion. Your order may be declined indicatively for the following resons:
(a) If the Products that appear on the Website are no longer available.
(b) If your payment is not approved by the bank.
(c) If shipping restrictions apply.
(d) If there are errors on the Website, such as price or description errors.
Once you place your order, we shall send you an e-mail message confirning safe receipt of your order, indicating your order number and the details of the Products ordered.
5.5.3 Limitations of liability in case of incorrect price or erroneous dispatch:
(a) As part of trading in good faith and fair dealing, the Company is not obliged to accept an order and agree to the sale of Products which as a result of typographical or computer error appear in the e-shop with the incorrect price, namely smaller or greater than the price in effect at the given time. In the event that such an error occurs in relation to an order but affects only part of the ordered Products, the order will remain in effect and will be filled normally with the other Products and will be considered incomplete with regard to the Products which were in error. However, in the event the products included in the order are related, are intended to be used as a whole and function as a unit and you inform us that partially filling the order does not serve your needs or interests, the Company is obliged to cancel the entire order.
(b) In the event of erroneous dispatch of unsolicited Products, their unconditional acceptance or failure to inform the Company and return the Products cannot be regarded as consent, agreement or declaration of intent to purchase them. If the Company asks you to return the Products (as described in detail in article 5.6.1) and you delay doing so for a period greater than seven (7) calendar days, your refusal to comply will constitute intent to purchase the Products, the order will be considered verified and you will be obliged to pay for them.
5.6 Product returns - Right of withdrawal for contracts concluded in distance (Law 2251/1994)
5.6.1 Product returns in the event of erroneous dispatch of unsolicited Products
In the event you elect to return the Product, even though you did not order it, within the stipulated period of seven (7) calendar days from the day the Company asked you to return the Product, the Product must be in excellent condition, unused and with its packaging intact; it should not have been unsealed or tampered with. In such cases, the Company will assume the cost of returning the Product to its own premises/flaghship store and the shipping cost to replace the Product, on the condition that you return the Products to us in the same manner and with the same shipping company as when you initially received them. In the event you unseal the Product or damage its packaging without due cause, or if the product has been used or is not in the perfect condition in which it was originally delivered, the Company reserves the right not to accept its return (and in that case you are obliged to pay the price for that Product) and not assume the costs as above, or to ask that you refund these costs if the Company has already paid them.
5.6.2 Right of withdrawal for contracts concluded in distance (Law 2251/1994)
You retain the right to return Products purchased from the e-shop and withraw from the purchase agreement, without being required to state the reasons, within fourteen (14) calendar days of receiving them, in accordance with Article 3(e) of Law2251/1994. Your withdrawal (hereinafter the “withdrawal”) is excercised under the following terms and conditions:
(a) In the event that you have ordered a number of items as part of one order but these were delivered separately, the above period begins from the date the last Product was received.
(b) The withdrawal is without reason and you are required to return the Product exactly in the condition in which you received it. Specifically, the returned Product must not have been used; it must be in "as new" condition, just as it was before its sale, with all of its original packaging (box, nylon wrapping, foam, etc.), which should not be torn or worn/damaged, and with all of the contents of the original package enclosed (instruction leaflets, specifications and warranties, connection cables, etc.). In addition, for a returned Product to be accepted, the original purchase document (retail receipt, invoice) must be presented by the person who originally purchased the Product and whose particulars appear on the purchase document.
(c) The returned Product will only be accepted if you first pay any amount the Company has been charged for shipping the Product to you and the expenses related to its return.
(e) You are required to return the Product within fourteen (14) calendar days from the day upon which you notified us of the withdrawal and that we demonstrably were made aware of it. Returns are made to the Company's main store (in Halandri, Attica, at 23 Tzavella Str.,GR-15231). If you prefer, we can pick up the Product to be returned from you, at your expense. In any event, for orders placed via the e-shop, before you return the Product you may contact the Company’s Customer Service Department, either via phone (tel: +30 210 7622020) or by e-mail at firstname.lastname@example.org.
(f) Following receipt of the withdrawal statement and as long as the rest of the conditions of this article 5.6.2 are fulfiled, we are required to refund the amount we received from you for the returned Product. The price of the Product will be refunded to you no later than the same period of fourteen (14) calendar days from the date we were demonstrably notified of your withdrawal.
(g) A product sold with an additional gift must be returned with the gift; otherwise the value of the gift will be deducted from the refund amount.
(h) The right of withdrawal, the conditions thereof and its exercise are also governed by the provisions of Law 2251/1994, as in force from time to time, and any other (present or future) applicable legislation.
5.6.3 Exceptions to the Right of Withdrawal
Exceptions to your right to withdraw, as outlined above, include but are not limited to:
(a) Cases in which the price of the Products has been paid at a physical Company store and the Products have also been received from a physical Company store, since such a sale would not be considered a distance sale and is therefore not subject to the protective provisions of Law 2251/1994.
(b) Products which may not be returned for reasons of health protection or hygiene, and which have been unsealed upon delivery. This class of Products expressly and without exception includes the e-cigarette liquid refills, the return of which the Company will not accept once they have been delivered to you.
(c) Exceptions to the right of withdrawal, the conditions thereof and its exercise are governed by the provisions of Article 3(12) of Law2251/1994, as in force from time to time, and any other (present or future) applicable legislation.
(a) Once the Company receives the Product to be returned and the designated department of the Company confirms that all the conditions set out in articles 5.6.1 and 5.6.2 are fulfilled, you will receive a refund within thirty (30) business days as described below in detail. Once the refund is transferred to your bank account, it might take a few days (depending each time on the bank you indicated) for the transaction to appear in your account.
(b) If your order is delivered to a destination within the European Union, all taxes (VAT) will be refunded. If your order is delivered to a destination outside the European Union, the duties and taxes cannot be refunded. In any case, you can recover these costs by contacting the local customs office directly. Since this option may not be available in all countries, we recommend that you use a customs broker if you want to refund the amount of customs duty for returned products.
(c) In the event of Product returns under the terms of articles 5.6.1 and 5.6.2, you will be notified via e-mail for your refund as follows:
(i) if payment has been made either by PayPal or by credit card or by depositing the money in one of the bank accounts listed below in Article 5.11: The money will either be credited to the debit/credit card you used during the transaction or by remittance to the bank account you indicated when you deposited the money or notified us later.
(ii) in case of payment made by cash on delivery: The money will be credited to the bank account you will indicate to us for this purpose by contacting the Customer Service Department.
5.7 Supplier Liability and Guarantee
5.7.2 The manufacturer of each Product you purchase is liable for any damages due to a defect in their product. Any agreement limiting or exempting the manufacturer from such liability is void. Claims against the manufacturer for damages become statute-barred three years after the injured party was informed, or should have been informed about the damage, defect and the identity of the manufacturer. Ten years after the release of the particular product any claims against the manufacturer by the injured party are statute-barred. If there is any question as to the identity of the manufacturer of a product you received from us, please inform us.
5.7.3 Every durable consumer good is accompanied by a written guarantee from the product manufacturer or the business which imported the product into the EU, or the business which places its trademark on the product appearing as its manufacturer (hereinafter the "Supplier"). Please pay particular attention to the terms of the guarantee provided by the Supplier and to the rest of the accompanying documents and information, which the Supplier is bound to include in the products and particularly those materials which include information about the safe use and maintenance of the products. The following are specifically noted:
(a) The Supplier is obliged to provide the consumer with clear and complete written instructions, in Greek or with internationally recognised symbols, on the safe use, safekeeping, maintenance and full use of the product and information regarding the risks related to its use and safekeeping.
(b) The guarantee should include at minimum the full name and address of the guarantor, the product to which the guarantee refers, the precise contents, its term and the extent of its territorial limits, written in simple Greek that is easy to read and understand. The guarantee must accord with the rules of good faith and should not be undermined by excessive exemption clauses. The term of the guarantee should be reasonable in relation to the useful life of the product. A possible useful life of a product is the reasonable expected period of time during which the product can be used as intended, even after repair or replacement of parts, until the wear and tear from regular use renders the product useless or its continuing use economically non-viable. Specifically with regard to cutting-edge technology products, the term of the guarantee should be reasonable in relation to the period of time during which these products are expected to remain technologically state-of-the-art, should this period be shorter than their potential useful life. If a defect should become apparent during the effect of the guarantee and the Supplier refuses or delays repairs beyond the time needed, the consumer is entitled to request that the product be replaced with one of the same specifications and quality or, if it is not repairable, to request a withdrawal from the agreement. If the time needed for repairs exceeds fifteen (15) business days, the consumer is entitled to request a temporary replacement for the product for the duration of the repairs. The Supplier's infringement of its obligations does not affect the validity of the guarantee, which the consumer can invoke and demand the Supplier honour. In the event the product or a part is replaced, the guarantee is automatically renewed to its full term with regard to the new product or part.
(c) In addition to and aside from the guarantee, the Supplier of new durable consumer goods is required to provide to consumers ongoing technical services for product maintenance and repair for a period equal to the estimated life expectancy of the products. Moreover, the Supplier must ensure that consumers can easily obtain parts and other products required for the intended use of the product for the duration of their estimated life expectancy.
5.7.4 In applying the foregoing provisions, the Company - as a supplier of a product as defined above - will provide you with every possible assistance in fulfilling the terms of the Supplier's guarantee, at no charge to you. This is independent of off-warranty maintenance services that we may provide occasionally at the price in effect from time to time.
5.8 Claims due to defected products or non-conformity with contract of sale
5.8.1 In the event the Company is responsible for any defected products or for non-conformity with the contract of sale ("legal guarantee"), you are entitled to choose one of the following remedies: a) request, without charge to you, that the Product be repaired or replaced, unless such an action is not feasible, or requires disproportionate expense; b) request a price reduction; or c) withdraw from (rescind) the sales contract, unless a minor defect is at issue. Non-conformity of goods applies only if there has been a written contract. If you choose to repair or replace the product, the Company must undertake such repair or replacement within a reasonable time period. The foregoing rights provisioned by law (Article 540 of the Civil Code) are statute-barred after two years (for moveable items).
5.8.2 At any time you ascertain a defect, you may contact us immediately after delivery either the same day or the following business day at the phone number +30 210 7622020 or by e-mail at: email@example.com. Once you have reported the Product as defective, the Company reserves the express right to have the Product deemed defective by the competent technicians.
5.8.3 The Company's obligations as above do not apply in the event the defect has been caused by you, or by the narrow or broad sense of force majeure. In all events, the Products must be accompanied by the necessary validating documents and proof of receipt.
5.8.4 Limited liability: The Company does not provide a guarantee nor does it guarantee protection for the suitability of a Product sold for any specific purpose.
5.9 Product Prices
The prices listed next to each Product as the final price include the applicable VAT. The prices do not include shipping costs. The total cost (including shipping costs) is verified upon completing the order. The Company reserves the right to issue and distribute electronic invoices in accordance with the applicable tax law and you agree to this form of invoicing.
5.10 Shipping - Product Availability - Delays
5.10.1 Delivery: The Company delivers Products in and outside Greece in accordance with the terms and conditions set out by the applicable legislation. Products will be delivered to the address you provide via one of the available delivery methods that you select during the ordering process. The Company does not sell and does not deliver Products to Cyprus. Provided the ordered Product is available in our warehouse, and there is no other reason requiring us to temporarily or permanently suspend the sale of a particular Product, every effort will be made to ship the order within 24-72 hours. In all cases, the Company is required to fulfil its contract within thirty (30) days at most from confirmation of the order; otherwise, you are entitled to withdraw from the contract of sale with us.
5.10.2 Delays: We will make every possible effort to execute your order within a reasonable time and within the limit stated above; however, your order may be delayed for the following reasons: (a) Because the shipment of the Product by the Supplier has been delayed at Customs or during shipping and we do not have it in stock by the time originally expected. In such case, we will contact you to ask whether you would like the order to be delivered without this Product (if the order includes additional Products), or to suggest an alternative Product. (b) The Product you ordered has already been discontinued and is no longer available: In rare cases, a Product supplier announces suddenly and without warning that a Product is being discontinued. In such case, we will contact you immediately to provide you with alternatives. (c) In periods of extreme weather conditions or strikes, or any force majeure which may affect the transport and delivery of your order. (d) In the event that it is not possible to contact you either by telephone and/or e-mail (should a problem arise with regard to your order, either with the Product or with payment) because the information you entered is either incorrect or no longer valid.
5.10.3 Unavailability of part of the order: If only some of the Products ordered are unavailable, the remainder of the order is executed normally, unless the Products in the order are related and are intended to be used together as a unified whole and you state that partially filling the order does not serve your needs or interests, in which case the Company is obliged to cancel the entire order.
5.11 Payment Methods
For your convenience and to best serve you, the Company offers the following payment methods, which apply to Product deliveries within and outside Greece (with the exception of payment by cash on delivery which is available only for deliveries in Greece):
(a) Cash on delivery
If the Product is to be delivered within Greece, you have the option to pay by cash on delivery to the employee of the courier service we use once the Product is delvered to you.
(b) Charge to your credit card
You can safely pay for your order through the system of Eurobank Ergasias SA, which will automatically redirect you to the aforementioned bank’s website. We accept Visa, MasterCard and American Express cards. The process of clearing your payment is undertaken by Eurobank Ergasias SA, ensuring the absolute safety of your transactions. The Company neither collects nor stores any of the information related to your credit card. For this reason, you will have to enter the information anew each time you use your credit card for transactions through our Website.
In the case of payment by credit card, all financial data you enter (for example, credit/debit card number or expiration date) will never be used by us for purposes other than those necessary to complete the transaction and fulfill the purchase agreement or the refund in the event of return of Products and provided that you have exercised your relative right to cancel the order, or when it is necessary to prevent or report fraud cases to us or to the competent authorities.
By selecting PayPal as a form of payment, you automatically transfer to PayPal's website to complete the transaction and repay the order.
PayPal can be used exclusively for transactions regarding Product delivery at your place and are not combined with other payment methods. Transactions through PayPal are governed by the PayPal Terms & Conditions.
(d) Bank deposit
You can choose the bank that is most convenient for you to deposit payment for your order. Please include your full name in the "Reason" section of the deposit slip. You may deposit payments in one of the following accounts:
Bank: ALPHA BANK
Beneficiary: NOBACCO VAPING PRODUCTS S.A.
Bank Account Number:172-00.2002.005936
Bank Address:105 Athinon Ave., GR-10447 Athens (1st floor).
IBAN:GR80 0140 1720 1720 0200 2005 936
Beneficiary: NOBACCO VAPING PRODUCTS S.A.
Bank Account Number:0026-0349.88.0200.391434
Bank Address: Eurobank Ergasias S.A., 20 Amalias Ave, GR-10557 Athens
IBAN:GR 2302 6034 90000 8802 0039 1434
If the deposit is made through a foreign bank (either through web banking or a physical bank branch), please note that there may be an additional charge imposed by the foreign bank.
If the deposit is made by a bank headquartered in Greece (either via web banking or a physical bank branch), please note that there is an additional three Euros (3€) charge.
In the event the amount is deposited from a foreign bank, either through web banking or at a physical bank branch, note that there will be a three euro (3€) surcharge due to additional bank fees. The same amount will be charged for orders placed from within Greece for purchases under forty Euros (€40). These amounts will appear as charges during the transaction process.
For orders less than forty Euros (40€) delivered in Greece, there is an additional charge of two Euros and eighty cents (2.80€) for shipping and one Euro and twenty cents (1, 20€) if you choose to pay by cash on delivery.
In any case, the abovementioned amounts appear in the total amount due when placing your order.
The Company will first verify that the full amount due for your order has been deposited before proceeding with shipment. This may take 2-3 business days.
In any case, we will collect the amount after the order has been delivered to you.
5.12 Minors - Pregnancy - Proper Use
5.12.1 All of the products sold through the e-shop are aimed at persons over the age of 18. The Company reserves the right to cancel any order immediately and without warning if it ascertains that the order has been placed by someone who is not legally entitled or is under the age of eighteen (18).
5.12.2 The e-cigarette is not recommended for persons under the age of eighteen (18), for women who are pregnant or breastfeeding, or persons with respiratory problems. It is also not recommended for persons with serious health problems unless they first consult their doctor.
5.12.3 The Company does not encourage the use of nicotine. Anyone who is not already a smoker and addicted to nicotine should not buy our products.
5.12.4 Warning – Limitation of Liability
The Company is making every effort to contribute with its Products to reduce the harmful effects of smoking and to indicate that vaping could be a less harmful smoking habit. For this reason, the Company constantly invests in securing the production and distribution of high-quality products with scientific accreditation in the context of collaborations with research centers in Greece and abroad.
The Company’s e-liquid refills contain propylene glycol, vegetable glycerine and in some cases nicotine. Propylene glycol and vegetable glycerine are routinely used in various ways and are considered safe. Nicotine is an extremely toxic and addictive poison with harmful effects on the user's health. Users are free to choose to use e-liquid refills with nicotine and they are solely responsible for any negative effects of their use.
The Company’s Products are intended only for smokers over the age of 18 and in no way are they intended for use by non-smokers, children or pregnant women. Do not swallow e-liquid refills and avoid skin contact. Keep away from children and pets. The Company is not liable for improper use or abuse of its Products by you.
Do not forget that you use the Company's Products at your own risk. The Company does not provide any kind of guarantee or assurance that its Products are harmless to the human body and does not declare, advertise or imply that the use of its Products and generally vaping products present a reduced health risk or that such products are made available as a means of quiting smoking.
Follow the instructions for use and security that accompany the Products and are published on the Website. You must be careful when using any Product of our Company and you agree to do so at your own risk.
The information provided in the "Frequently Asked Questions" section of the Website stems from various researches and studies that have been conducted worldwide with regards to electronic cigarette. They do not constitute medical advice and should not be used as a substitute for medical guidance, counseling and diagnosis. Please do your personal research and seek advice from your doctor before you decide to use the Company's Products. The Company assumes no responsibility for any loss or damage caused as a direct or indirect consequence of the use or misuse of the information provided on this Website.
6. Intellectual property rights
7. Code of Ethics and Conduct
You agree to use the Services in accordance with the following code of ethics and conduct of the Company:
(a) You shall keep all information provided to you through the Services private and confidential and will not give this information to any third party without the permission of the person providing it to you.
(b) You shall not use these Services to take part in any form of harassment or aggressive behaviour which constitute or include but are not limited to downloading of communication images, recordings containing defamatory, slanderous or abusive content, defamatory statements, actions with racist, pornographic or obscene content, use of offensive language etc.
(c) You shall not forward chain e-mails through the Services.
(d) You shall not use the Services to violate the privacy rights, property rights or any other rights of any person.
(e) You shall not publish messages, images or recordings and/or shall not provide information nor use the Services in any manner which:
1. Violates, or copies the rights of any third party, including but not limited to copyrights or trademarks, rights to protection of privacy and other private or property rights.
2. Is fraudulent or otherwise illegal or constitutes a violation of any applicable legislation.
(f) You shall not use the Services to distribute, promote or otherwise publicise advertising for any goods or services and in general for any advertising purposes.
(g) You shall not use the Services to distribute or upload any virus or malware of any type, or to do anything else that could harm the Services or us in any manner.
(h) You shall always use the Services in accordance with the law and applicable legislation. Minors are prohibited from using the Services.
(i) Responsibility for the accuracy of personal data and information lies solely with you as the provider, since the Website functions only as a means of presenting and publishing such information and does not process it.
(j) The data and information you provide and publish:
1. Must not be false, inaccurate or misleading.
2. Should not directly or indirectly lead to the deception of third parties.
3. Should not be contrary to the provisions of Greek and European legislation and in general any applicable legislation, including provisions related to matters of consumer protection, unfair competition, discrimination or misleading advertising, protection of intellectual or industrial property, trade secrets or right to privacy.
4. Must not contain viruses, Trojans, worms, time bombs or cancel bots, or any other programming code that could cause intentional harm or cause loss of data from computers belonging to members/visitors or the system in general, and should also not lead to loss of resources or Services or Website functions.
8. Tracking of Services and Advertising
9. External Links
10. Non-commercial use
These Services are provided for personal, non-commercial use. You are not entitled to and are prohibited from advertising or inciting any user to purchase or sell any products or services through these Services. You are also prohibited from sending and transmitting chain e-mails, junk or spam e-mail to other users. In addition, you shall not use the information received from the Services to contact, advertise to, incite or sell to any user or member without their prior express consent. If you violate the terms of this paragraph and/or send or publish spam, or engage in other unsolicited communication of any kind through the Services, we reserve all rights, claims and cause for action that we may be granted under the law or otherwise, including but not limited to the right to seek legal remedies for all spam messages you send through the Services.
11. Newsletters - Advertising/Information Bulletins
13. Applicable Law - Disputes
13.3 We hereby inform you that, according to the 2013/11/ΕU Directive, which was incorporated into the Greek legislation through the 70330/2015 Joint Ministerial Decision, it is now possible to resolve any consumer disputes electronically, through the Alternative Dispute Resolution procedure, which is applied in the European Union as a whole. If you have a problem with a purchase that you made from the E-Shop and you are an EU resident you can use this site: https://webgate.ec.europa.eu/odr/main/?event=main.home.show for the online out-of-Court settlement of the dispute. The Certified Body in Greece for this Alternate Dispute Resolution (ADR) is the European Consumer Centre in Greece (ECC GREECE), 144 Alexandras ave., 11 471, Athens, tel.: +30 2106460284, +30 2106460784, firstname.lastname@example.org. You may contact the European Consumer Centre in Greece (ECC GREECE) to guide you throughout the process of submitting and processing your complaint. However, we inform you that we are not bound by - and we are obliged to follow - the Alternative Dispute Resolution (ADR) procedure.
14. Choice of Language - Notifications
15. Partial Invalidity and Replacement of Valid Provisions
In the event that any of the provisions contained herein may be interpreted in more than one way, one of which may render the provision invalid, liable to be declared null and void or unenforceable, such provision will be interpreted in such a way as to render it valid and enforceable. In the event that any court or public authority determines that a provision herein is unenforceable due to the way it is written or worded, such provision will be amended to render it enforceable to the maximum degree possible under the laws and provisions of the jurisdiction within which its enforcement is being sought, ensuring it provides the parties the same basic rights and has equal force as it did before its amendment.
17. Binding nature