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The following conditions apply to any dispute that is submitted to Dispute Online. Please read these terms and conditions carefully before submitting your dispute.

Process rules and conditions for dispute online

For what matters?

We can give a binding opinion on disputes that arise as a result of online purchases by the customer at a webshop. Before we give an opinion, we will promote a settlement between the parties as much as possible. The value of the product must be at least € 25.

Step 1: You report your dispute to us

Try it yourself first. Before submitting a dispute, you should first try to resolve the issue yourself. So send your complaint to the webshop first for a response. Are you not getting a response or do you disagree with the answer? Then you can report the dispute to us.

You now complete the online questionnaire on our website. This form is also available in paper form on request.

Sign up for free. You can register your dispute for free. If the webshop has already taken out a paid subscription with Dispute Online, we will handle the matter. If the webshop does not have a subscription to Dispute Online at the time the dispute is submitted, we will approach the webshop and ask if they want to become a member of Dispute Online, so that we can handle your case.

No lawyer required. You are not obliged to use a lawyer or legal adviser to submit a dispute and during the procedure, but both parties can obtain advice at any time during the procedure or be represented or assisted by a third party. Each party bears the costs it incurs for the procedure, including all costs for any legal assistance or experts. So you do not bear the costs of the other party.

Dutch, English or German. Disputes can be submitted in Dutch, English or German. The procedure is conducted in the Dutch language or, if the customer requests it, in the English language. The customer can be either a consumer in the Netherlands or a consumer in another EU country. The webshop must be located in the Netherlands and must be affiliated with Dispute Online.

Please note: The outcome of the procedure may differ from the outcome that you might get if the dispute is assessed by ordinary courts according to the legal rules.

Both parties can register a dispute. If the customer reports a dispute, the webshop is obliged to cooperate if it is affiliated with Dispute Online. If the webshop wants to register the dispute, the webshop must send the customer a message and give five weeks to agree with the dispute by Online Dispute. In this communication, the webshop also indicates that after that period it considers itself free to submit the case to the ordinary court.

Step 2. The Dispute Online assessor will take up your case.

The assessor. The assessor is the person who gives an opinion on the dispute. A dispute is handled by one or – if we believe it is a complex matter – three reviewers. Each assessor has a legal background at a minimum HBO level. The assessor is appointed by Dispute Online for a period of at least 2 years. The evaluator receives a fee per case that is not dependent on the outcome of the case, which guarantees the independence of the evaluator.

Challenge. It is possible to challenge an assessor if there is clear doubt about his independence. Each party can report this in writing during the procedure. If Dispute Online finds the complaint well-founded, the assessor will be replaced by another assessor.

Your dispute will be handled by a Dispute Online reviewer. After you report your dispute, the assessor will forward your case to the other party. The other party will then have 14 days to respond.

To work. The assessor will then request and collect all that information it needs to make an opinion. The parties will fully cooperate with this and the parties declare to guarantee that the information they provide is correct and correct. The assessor will always ensure that both parties receive the information submitted by the other party in a timely manner.

Try to work it out together. The assessor will always first try to determine whether you and the other party can come to an agreement together. If this really does not work, the assessor will make a decision on the dispute.

Step 3. The verdict.

Within 90 days. The assessor will make a decision within a maximum of 90 days after notification of the dispute and receipt of all documents. This period can be extended in complex cases, stating the period within which the judgment is expected to follow.

Both parties will be informed in writing or on a durable medium (e-mail or paper) of the outcome of the procedure, as well as of the reasons on which the outcome is based.

Binding verdict. The Dispute Online ruling is binding on both parties. The decision will indicate how and within what period the decision must be observed. By registering the dispute, you must agree that the decision is binding.

If one of the parties fails to comply with the ruling after a one-off reminder, this has consequences. If the webshop does not comply with the decision, this will result in the webshop being removed from the register of Dispute Online. Any quality mark to which the webshop is affiliated will also be informed of this fact, after which the quality mark can also impose sanctions. If the customer does not comply with the statement, the webshop can take collection measures against the customer, with additional collection costs for the customer.

No appeal. It is not possible to appeal to Dispute Online. If you do not agree with the decision, you can still submit the case to the competent court. If you still want to file the case with the court, you must submit this to the court within 2 months after the decision has been sent. If you do not do this within 2 months, you must still comply with the decision.

What else is important?

Stop in the meantime or go to court after all. Parties can terminate the procedure at any time during the procedure if they have reached an agreement among themselves. Until Dispute Online has indicated that all documents have been received and a decision is being prepared, the customer can still withdraw from the procedure if he does not agree with the way we handle the dispute. The webshop can only withdraw from the procedure if a mutual solution is reached. The customer can – until Dispute Online has indicated that a decision is being prepared – decide at any time to submit the case to a normal court, even if other agreements have been made about this between the customer and the webshop.

The value of the product or products that are the subject of the dispute must total more than € 25 (twenty-five euros) including VAT, excluding shipping or other costs. The total value of the claim (including VAT and all costs) must be less than € 25,000 (twenty-five thousand euros).

Online or on paper. In principle, the procedure is conducted online, including the submission of documents and correspondence. If one of the parties requests this, documents and positions can also be submitted by post and the procedure can also be conducted in writing.

On average, a case takes eight weeks. A dispute with Dispute Online takes an average of eight weeks from the time the complaint is submitted to Dispute Online. This term may be longer in complex cases.

Guarantee. In order to ensure that a judgment is actually complied with, Dispute Online can determine prior to the judgment that a deposit must first be paid.

Exchange of information. With your registration you give permission for your data and the content of the complaint and other correspondence that you send to us to be forwarded to the other party and to the assessor. All data is retained for a maximum of 2 years after the judgment or after the end of the procedure.

We will not process a case if:

  • You have not first attempted to resolve the dispute directly with the web shop.
  • The dispute is about a small amount or a small defect;
  • The dispute has previously been dealt with by another party, such as another out-of-court dispute resolution body or a judge;
  • The value of the product is less than € 25 excluding shipping costs or other costs or the total claim is higher than € 25,000.
  • More than 365 days have passed since the day you first reported the dispute to the webshop;
  • It is about disputes between entrepreneurs;
  • The dispute is notified by the webshop and the customer has not agreed to the dispute by Dispute Online.
  • The webshop in question is not established in the Netherlands or if the webshop has applied for a moratorium, is in bankruptcy or has ceased its activities before or after the dispute has been submitted to Dispute Online.
  • The webshop in question is not affiliated with Dispute Online at the time of registration of the dispute or has a payment arrears in the subscription money, even if the webshop incorrectly refers to Dispute Online as an authority to resolve its disputes. Dispute Online, however, can choose to handle a case anyway.
  • The handling of the dispute could seriously jeopardize the effective functioning of Dispute Online to extrajudicial dispute resolution or if Dispute Online has strong reasons for not taking up a dispute.
  • If we do not process a case, we will notify you with a reason why we do not handle the case.

Other provisions:

Dispute Online ensure that the customer is always entitled to:

  • the provisions from which an agreement cannot be deviated from under Dutch law, if the customer and the webshop have their habitual residence or place of establishment in the Netherlands;
  • the provisions which cannot be derogated from by contract under the law of the Member State where the customer has his habitual residence if the law applicable to the purchase contract or the provision of services is determined in accordance with Article 6 (1) and (2) of Regulation (EC) No. 593/2008;
  • the mandatory provisions of the law of the Member State where the customer has his habitual residence, if the law applicable to the purchase contract or the provision of services is determined in accordance with Article 5 (1) to (3) of the Rome Convention of 19 June 1980 on the law applicable to contractual obligations.
  • Out-of-court dispute resolution procedures that are settled by a determination as referred to in Section 7: 900 of the Civil Code are not subject to Section 7: 902 of the Civil Code.

In all cases not provided for in the above rules, Dispute Online will decide on the basis of reasonableness and fairness.

Except in case of willful misconduct or gross negligence, Geschil Online is not liable for damage of any kind caused by Geschil Online based on incorrect and / or incomplete information provided by or on behalf of a party. Dispute Online is only liable for direct damage, such as the reasonable costs for determining the cause and the extent of the damage, any reasonable costs incurred to have the performance of the agreement met, the reasonable costs incurred to prevent or limit damage, insofar as the Client demonstrates that these costs have led to a limitation of direct damage as referred to in these general terms and conditions. Dispute Online is never liable for indirect damage, including consequential damage, loss of profit,

Any liability of Dispute Online for any direct damage is in any case, per event, limited to 50% of the relevant invoiced or invoiced amount, with a maximum of 50% of Eur 5,000. Dispute Online is never liable for indirect damage, including consequential damage.