Information on Alternative Dispute Resolution
Information on alternative resolution of consumer disputes (ADR)
- We always try to resolve any requests and disputes that arise beween the customer and the company to the mutual satisfaction of both parties.
- If, however, the company fails to meet expectations then the customer is entitled to request an "alternative dispute resolution" (“ADR”) – out-of court settlement.
- In the case of a dispute between the customer and the company concerning the sale of goods/services, the customer can ask an authorised body to assist with an out-of court settlement through the ADR procedure. As a Czech company selling goods from the Czech Republic, the authorised body for the ADR procedure is primarily the Czech Trade Inspection (“CTI”). More information can be found on the CTI’s website: www.coi.cz. Information about other bodies entitled for the ADR procedure, including cross-border sales/disputes, and further information about ADR can be found also on the official EU website: https://webgate.ec.europa.eu/odr/main/index.cfm ? event = main.home.chooseLanguage.
- The ADR Procedure starts with a request (made by either the company or the customer), which must contain the following:
- a) identification of the parties involved
- b) a clear and complete description of the dispute
- c) a proposal of the desired outcome (e.g. to refund the purchase price, the exchange of goods, etc.),
- d) the date when you submitted the proposal to our company,
- e) a statement to confirm that the dispute was not resolved or is not pending in court, arbitration or other respective body;
- f) date and signature.
4.1 The request should be accompanied by proof that you attempted to and failed to resolve the dispute directly with the company (for example: email correspondence, etc.) and other necessary evidence. If an attorney represents you, the request should be accompanied by a power of attorney.
4.2 The customer can submit their request to the authorized body within 1 year from the date on which the application was made to the company (i.e. the withdrawal/complaint). This is a Czech legal regulation.
4.3 ADR procedure must be completed within 90 days. For particularly complex disputes the authrised body is entitled to prolong that period by a maximum of 90 days according to Czech legal regulations.
4.4 ADR procedure may end with the following result:
(a) mutual agreement of both parties,
(b) the customer‘s unilateral declaration of termination of ADR procedure,
(c) the customer‘s death, declaration of death or dissolution of any company without a legal successor involved
(d) passing of the deadline before resolving the dispute,
(e) refusal of the application due to defects, (Czech legal regulation).
Countries other than the Czech Republic can have different legal regulations for the ADR.
4.5 ADR procedure is free of charge. Costs associated with the ADR procedure shall be borne by the parties themselves and will not be reimbursed.
4.6 The body entitled to ADR procedure shall determine their specific rules for the ADR procedure.
- In case the ADR procedure will not lead to (will not end with) the resolution of the dispute, the party is entitled to request that the respective court solve the dispute.
- It is not necessary for the party to use the ADR procedure (before a court action), but it is advised.
- For further information, please visit the website of the authorised bodies (to perform ADR procedure): https://webgate.ec.europa.eu/odr/main/index.cfm ? event = main.home.chooseLanguage.