The Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015

PART 4U.K.Trader information requirements

Consumer information by tradersU.K.

[F119.—(1) Where, under an enactment, rules of a trade association, or term of a contract, a trader is obliged to use an alternative dispute resolution procedure provided by an ADR entity or EU listed body the trader must provide the name and website address of the ADR entity or EU listed body—

(a)on the trader’s website, if the trader has a website; and

(b)in the general terms and conditions of sales contracts or service contracts of the trader, where such general terms and conditions exist.

(2) Where a trader has exhausted its internal complaint handling procedure when considering a complaint from a consumer relating to a sales contract or a service contract, the trader must inform the consumer, on a durable medium—

(a)that the trader cannot settle the complaint with the consumer;

(b)of the name and website address of an ADR entity or EU listed body that would be competent to deal with the complaint; and

(c)whether the trader is obliged, or prepared, to submit to an alternative dispute resolution procedure operated by an ADR entity or EU listed body.

(3) The trader information requirements set out in paragraphs (1) and (2) apply in addition to any information requirements applicable to traders regarding out-of-court redress procedures contained in any other enactment.]

Textual Amendments

[F2Consumer information by online traders and online marketplaces regarding the ODR platformU.K.

19A.—(1) Where under an enactment, rules of a trade association, or term of a contract, an online trader is obliged to use an alternative dispute resolution procedure provided by an ADR entity or EU listed body, the trader must—

(a)provide a link to the ODR platform in any offer made to a consumer by email; and

(b)inform consumers of—

(i)the existence of the ODR platform; and

(ii)the possibility of using the ODR platform for resolving disputes.

(2) The information in (1)(b) must also be included in the general terms and conditions of online sales contracts and online service contracts of the trader, where such general terms and conditions exist.

(3) An online trader must on its website—

(i)provide a link to the ODR platform; and

(ii)state the online trader’s email address.

(4) An online marketplace must provide a link to the ODR platform on its website.

(5) The online trader requirements set out in paragraphs (1) to (3) apply in addition to the trader information requirements set out in regulation 19.

(6) The online trader and online marketplace requirements in paragraphs (1) to (4) apply in addition to any information requirements regarding out-of-court redress procedures contained in any other enactment.

(7) In this regulation—

“online marketplace” has the meaning given in Article 4(f) of the Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC;

“online sales contract” means a sales contract where the trader, or the trader’s intermediary, has offered goods on a website or by other electronic means and the consumer has ordered such goods on that website or by other electronic means;

“online service contract” means a service contract where the trader, or the trader’s intermediary, has offered services on a website or by other electronic means and the consumer has ordered such services on that website or by other electronic means;

“online trader” means a trader who intends to enter into online sales contracts or online service contracts with consumers.]

Textual Amendments