ECDR RULES ON PROCEDURES FOR RESOLVING CONSUMER DISPUTES

 

Article 1

(Scope)

Rules on Consumer Dispute Resolution (“Rules”) are used to resolve contractual disputes between traders and consumers (hereinafter: the parties) in connection with the sale of goods or services, which have not been resolved by negotiations between the parties on the basis of timely and correct request of the consumer to eliminate defects, compensate damages, or execute payment.

 

Article 2

(Definitions)

In these Rules the term consumer means a natural person who acquires or uses goods or services for purposes which are outside of his professional or profitable activity. The term trader means any natural or legal person that engages in profitable activity, irrespective of their legal form as well as any natural or legal person who is not engaged in a profitable activity, if it provides consumers with goods and services.  

 

Article 3

(Types of procedures)

Consumer dispute resolution procedure is confidential procedure for resolving domestic and cross-border consumer disputes. It can be carried out in the mediation procedure, hybrid procedure of mediation and accelerated arbitration (med - arb) or in the procedure of conditionally binding accelerated arbitration.

Article 4

(The language of proceedings)

The procedure in domestic disputes shall be conducted in Slovenian language, the procedure in cross-border disputes shall be conducted in English language.

 

Article 5

(Neutral)

The mediation procedure at ECDR is conducted by accredited mediator who fulfills the conditions defined in the law that governs the out-of-court consumer dispute resolution.

Med-arb procedure is led by former judge of domestic, foreign or international court, tribunal or arbitration accredited with ECDR in accordance with these Rules and valid regulations and the generally recognized principles of accelerated arbitration and mediation. Med-arb procedure in cases where the value in dispute does not exceed € 2,000, can also be lead by other person accredited at the ECDR, who fulfills the conditions defined in the law that governs the out-of-court consumer dispute resolution.

The procedure of conditionally binding accelerated arbitration may be conducted only by persons accredited with ECDR who fulfill the conditions defined in the law that governs the out-of-court consumer dispute resolution.  

Persons who conduct the procedure of resolving consumer disputes in accordance with these Rules shall hereinafter be designated as neutrals.

 

Article 6

(Scope and manner of submitting the dispute)

In selected procedure of resolving consumer disputes, the consumer can submit all or only selected factual or legal issues that he/she considers as relevant for resolving the dispute.

A party may propose ECDR to invite the other party to conclude an agreement on submitting the dispute to the selected procedure for resolving consumer disputes.

 

Article 7

(Selection of the provider and its rules)

If the trader in its General Terms and Conditions or on its website publishes that the provider of out-of-court consumer dispute resolution is ECDR, it shall also indicate which procedure of resolving consumer it has selected.

Agreement on the submission of existing consumer dispute in the selected procedure for resolving consumer disputes (hereinafter: the agreement) must specify the application of the ECDR Rules on procedures for resolving consumer disputes and shall be recorded in a separate document self-signed by the consumer and must always include a statement that ECDR’s registered seat is the seat of arbitration or mediation.

It is considered that the parties have agreed to the use of ECDR rules on procedures of resolving consumer disputes, when in a written agreement concluded after the origination of the dispute they determine that all or certain factual or legal issues will be submitted in the selected procedure for resolving consumer disputes organized and administered by ECDR.

 

  Article 8

(Principle of written form and electronic communications)

 Selected procedure for resolving consumer disputes is as a primary rule conducted in writing and with the use of available electronic means of communication and the World Wide Web (on- line).

If the parties agree, the selected procedure of resolving consumer disputes can also be conducted orally, on the mediation session or arbitration hearing. I such case, with respect to presence and cooperation of parties in the procedure, the rules from article 8. and 9. of the Law on Mediation in Civil and Commercial Matters and article 28. of the Law on Arbitration, apply.

 

Article 9

(Appointment of neutral)

In the procedure of resolving consumer disputes neutral shall be appointed by ECDR, unless otherwise agreed by the parties.  

 

Article 10

(Use of selected rules)

Neutral conducts the mediation procedure in accordance with the ECDR Rules on Mediation, unless defined differently by these Rules.

Neutral conducts the med-arb procedure in accordance with the ECDR Rules on Med-Arb, unless defined differently by these rules.  

Neutral conducts the conditionally binding accelerated arbitration procedure in accordance with the ECDR Rules on Arbitration, unless defined differently by these rules.  

 

Article 11

(Duration of the procedure)

The procedure of resolving consumer disputes is fast and must be completed within 30 days from the date of initiation of this proceeding, unless the parties and ECDR agree to a shorter term.

Exceptionally, in complicated cases, neutral can extend 30-day period, but not for more than 30 days.

  

Article 12

(Initiation of the procedure)

The procedure of resolving consumer disputes shall begin on the date when consumer is issued a written acknowledgment of receipt of the initiative for the launch of the procedure by ECDR, unless defined differently by the law that governs the out-of-court consumer dispute resolution.

Full initiative for the launch of this procedure must contain the following information:

a)    name and surname, home address (mandatory), email and web address (if any) and a contact phone number of the consumer;

b)    name and surname and business address (if a natural person) or business name and business address (if a legal person) (mandatory), email and web address (if any) of the trader;

c)    type of goods and services, to the sale or performance of which the submission of the dispute relates to;

d)    the reasons for the existence of the dispute;

e)    address of the consumer at the time of the order of goods and services;

f)     the manner of offer of goods and services and the manner of order (by World Wide Web, by the telephone, orally, in writing or otherwise);

g)    in the case of cross-border sales the language of the contract;

h)    the date and outcome of the complaint for eliminating the errors, compensation or execution of payment;

i)      statement of documents and other evidence, which are the basis for the initiation of the procedure;

j)      a statement that the dispute is not being already resolved in an administrative or judicial proceeding or in a proceeding at another provider of consumer disputes resolution;

k)    agreement on the submission of existing consumer dispute in the selected procedure for resolving consumer disputes, self-signed by the consumer.

The initiative for launch of the procedure shall be filed in a form available in electronic form on the website of ECDR or in a paper form available at the head office of ECDR.

 

Article 13

(Completeness of the initiative)

ECDR verifies upon receipt of the initiative for launch of the selected procedure, if all the conditions set out in Article 12 of these Rules are met and calls upon consumer to complete the initiative, if it deems necessary.

If consumer fails to complete the initiative within 15 days, it is considered that the initiative was withdrawn.

In the event that the neutral’s fee is not paid in accordance with the ECDR Rules on costs of procedure for resolving costumer disputes, the procedure is not carried out.

 

Article 14

(Conditions for the rejection of the initiative)

ECDR rejects the initiative for launch of the procedure, if:

• the dispute is already being resolved in an administrative or judicial proceeding or in a proceeding at another provider of out-of-court consumer disputes resolution; 
• the administrative or judicial authority or other provider of out-of-court consumer disputes resolution already decided on the same claim;  
• consumer did not previously raise a complaint directly with the trader against which the consumer issued the initiative to launch the procedure for resolving consumer dispute;
• it is obvious that the consumers` initiative will not succeed;  
• the initiative is frivolous or constitutes a serious misuse of procedure.

If ECDR decides to reject the consumers` initiative to launch the procedure, it shall send to the consumer and to the trader a written explanation of the rejection of the initiative within three weeks of receipt of the consumers` initiative to launch the procedure.

 

Article 15

(Notification of initiative)

ECDR within 8 days from receiving a complete initiative for the launch of the selected procedure informs the trader of the submission of the initiative. The trader is called upon to decide whether he agrees with the initiative, except in cases where law that governs the out-of-court consumer dispute resolution, defines otherwise.

The trader within 8 days from receiving the ECDR’s notice, communicates whether it agrees with the initiative. If the trader agrees with it, it also comments the initiative and the evidence proposed by the consumer. ECDR within 8 days of receipt of the traders` response, informs the consumer and the supplier on the further progress and duration of the procedure.

If the trader within 8 days of receipt of the ECDR’s notice does not communicate that it agrees with the initiative, it shall be deemed that the consent is not given. If the trader does not agree with the initiative to launch the procedure, ECDR stops the procedure and informs the consumer of it within 8 days from receiving the traders` response.

 

Article 16

(Case management)

In preparation for the start of consumer disputes resolution neutral may require at any time, before and during the procedure, from each party further clarifications or information within a reasonable period of time specified by him/her.

The neutral may, where he/she considers it appropriate, carry out a preparatory phone, video, skype or other conference with all parties to the dispute, at which he/she may, among other things establish:

-       the negotiation position of the parties,

-       the history of the negotiations,

-       the nature of the dispute, including the factual and legal basis,

-       which documents have been exchanged between the parties,

-       upon proposal of the parties, assess whether it will be necessary to obtain expert or other professional opinion,

-       sets deadlines for the submission of documents or other evidence,

-       aligns the date of the mediation meeting or hearing in the arbitration procedure, if needed.

 

Article 17

(Preliminary Legal Notice)

If the consumer does not have an authorized representative, neutral at the beginning of the procedure provides consumer in an appropriate manner information on consumer’s rights, options to ensure appropriate professional assistance, costs of such assistance and information who bears the costs.

 

Article 18

(Meaningful application of the law)

For all procedural issues that are not governed by these Rules, the provisions of the law that governs the out-of-court consumer dispute resolution directly apply.

For all procedural issues regarding mediation that are not governed by these Rules, the ECDR Rules on Mediation and the law that governs the out-of-court consumer dispute resolution, the provisions of the Law on Mediation in Civil and Commercial Matters directly apply.

For all procedural issues regarding med-arb that are not governed by these Rules, the ECDR rules on Med-Arb and the law that governs the out-of-court consumer dispute resolution, the provisions of the Law on Mediation in Civil and Commercial Matters and the Law on Arbitration directly apply.

For all procedural issues regarding arbitration that are not governed by these Rules, the ECDR Rules on Arbitration and the law that governs the out-of-court consumer dispute resolution, the provisions of the Law on Arbitration directly apply.

  

Article 19

(The legal effects of an amicable settlement)

If the parties reach an amicable solution on all or some of the disputed issues in mediation procedure, such agreement may be recorded by the neutral in the form of out-of-court settlement or the neutral issues a legally binding arbitration award, which does not need to include reasoning.

In the procedure of conditionally binding accelerated arbitration the arbitration award issued by the neutral is legally binding for consumer and the trader under a suspensive condition that neither consumer or trader in the period of 8 days after receiving the award do not send ECDR a self-signed statement that he/she/it does not accept it as legally binding.  

 

Article 20

(The legal effects of arbitration provisions)

If parties have failed to reach a settlement on all or some of the disputed issues in a med-arb procedure, the neutral after the conclusion of mediation procedure informs the parties on initiation of arbitration procedure. After the conclusion of arbitration procedure neutral issues a reasoned, legally binding arbitration award.

In the process of conditionally binding accelerated arbitration issued award is legally binding for the provider and for the consumer under the suspensive condition that within 8 days of receipt of the arbitration award the provider or consumer does not send to ECDR a self-signed statement that he/she/it does not accept the arbitration award as legally binding. 

 

Article 21

(Publication of awards)

If none of the parties within 30 days of receipt of the arbitration award opposes in writing the publication of this award, ECDR may in more important cases publishes such award in anonymized form on its website.

 

Article 22

(Costs of procedure)

Costs of consumer dispute resolution procedure are ECDR’s administrative costs, costs of taking of evidence, travel expenses and the fee of a neutral.

The costs and fees are identified and accounted in accordance with the ECDR Rules on Costs of Procedures for Resolving Consumer Disputes.

 

Article 23

(Liability for damages)

ECDR does not bear any liability in respect of any act or omission of a neutral in connection with the conduct of the process for resolving consumer disputes under these Rules.