ODR (Online Dispute Resolution) PLATFORM

Recourse to the ODR platform is possible for all consumers situated in the European Union, the UK, Norway and Iceland who wish to resolve a dispute relating to the online purchase of goods and services in respect of a vendor situated in the European Union, the UK, Norway and Iceland. In Belgium, Germany, Luxemburg and Poland vendors can also enter claims against a consumer. The procedure, intended to assign the resolution of dispute that has arisen to an ADR (alternative dispute resolution body), is voluntary in nature; the vendor is in fact not obliged to abide by it.

To use the ODR platform functions it is, in the first place, necessary to create an account; even though it is possible to forward a claim without operating the EU login, without registration, the functions will be limited and it will nevertheless be necessary to create it thereafter to have access to one’s own dashboard.

Through the platform it is possible to activate two different procedures: direct discussion through which the resolution of the claim may be directly negotiated with the vendor and the claimant and also for the resolution of the dispute that has arisen be assigned to an ADR body.

To complete the claim form it is necessary to reply to some preliminary questions, provide the vendor’s details and set out the features of the dispute. The vendor shall be connected via an automatic email which will inform him of the forwarding of the claim by the consumer.

If sending a claim is chosen, the vendor has a 30-day period from the notification of the claim to decide whether it will comply with the procedure and propose an ADR body to which the resolution of the dispute that has arisen will be assigned.  Such body, which may be selected from among those that each State Member, in accordance with the ADR Directive, has registered with the European Commission, shall recommend a resolution within 90 days. Information on each of the individual ADR bodies (sector of interest, details on any costs and timeframes for the procedure), for each country, are available on the ODR platform at the following link:

https://ec.europa.eu/consumers/odr/main/?event=main.adr.show2

If direct discussion with the vendor is requested, it shall be possible to use a chat service directly with the professional operator, in order to negotiate a resolution without intermediaries; the timerame for reaching agreement is 90 days.

In accordance with Art. 14 of Regulation (EU) 524/2013 any professional operator who sells goods and services online has the duty to:

1) inform consumers concerned of the existence of the ODR platform and the possibility of having recourse thereto to resolve disputes;

2) provide an electronic link to the ODR platform on its own website (if the sales offer has been made via an electronic post, in the contents of such post);

3) provide the consumer with its own email address;

4) provide the same information in the usual conditions applicable to online sales and service contracts.

Moreover, in accordance with Art. 13 of the ADR Directive the professional operator who has undertaken or is required to resort to particular ADR organisms shall inform the consumer thereof in a clear manner which is easily accessible on the website and in the usual contract conditions including the address on the website of the ADR organism involved.

To use the procedure it is not necessary to incur any costs; some ADR bodies may lay down tariffs, shown in the appropriate “Procedure” section, available by clicking on “Further information” next to the name of the body concerned in the list displayed on the following link:

(https://ec.europa.eu/consumers/odr/main/?event=main.adr.show2)

In an appropriate section of the platform a User Manual, is available which describes in detail how to go about submitting a claim, how to come to an agreement with the vendor about the ADR body to which shall be assigned the task of resolving the dispute, lastly, how to retract the claim itself.

Moreover it is possible to contact the national contact office; in some states an ODR contact point has been instituted which is able to provide information on the functioning of the platform and on the procedure applied by the ADR bodies, as well as to assist the consumer in making a claim via the ODR platform itself. The ODR contact point has is also able to inform the consumer on other means of recourse, where it is not possible to resolve the claim via the platform.

The Italian ODR contact point is the European Consumer Centre Italy contactable at:

• telephone: +39 0644238090 (Rome office) / +39 0471980939 (Bolzano office)
• fax: + 39 06 44170285
• e-mail: odr@ecc-netitalia.it

Requests forwarded to the national contact point are usually processed within 24/48 hours.