شرایط و مقررات استفاده از وبسایت
These GTC are applicable to
- the use of and access to the Service, and
- any other related agreement or legal relationship with the provider
in a legally binding manner. Defined terms are listed in the relevant section of this document.
Users are encouraged to carefully read this document.
Although the contractual relationship associated with the Products is solely between User and Provider, in cases where this Application was obtained through the Apple App Store, User acknowledges and agrees that Apple may enforce these TOS as a third party beneficiary.
This application is offered by:
Tavazo UG
jakobstrasse 15, 45141 Essen , Germany
E-mail: info@tavazoeurope.com
E-mail:contact@tavazoeurope.com
Email:info@tavazo-europe.de
telephone : +49 15207607243
Managing director : Mohammad hossein mahdavian gohar
Local court Essen 45141 Essen HRB 31974
VAT ID No: DE340775220
E-mail address of the provider: info@tavazoeurope.com
“This application” refers to
The following documents, which are expressly referred to, are part of these GTC:
The most important at a glance
- The right of withdrawal is only available to European consumers.
- It should be noted that individual provisions of these GTC may only be relevant for certain categories of users, for example, only for consumers or only for users who are not acting as consumers. Such limitations of the scope of application shall be expressly referred to in each clause concerned. In the absence of such reference, the clause shall apply to all users.
TERMS OF USE
Unless otherwise specified, access to this application is subject to the terms and conditions set forth in this section.
Individual or additional terms of use or access may apply in certain circumstances and, in such cases, are expressly identified in this document.
By using the Service, Users acknowledge that they comply with the following terms and conditions:
- Users may be consumers or business customers;
- Users are not located in a country subject to a U.S. government embargo or designated by the U.S. government as a “terrorism supporting country”;
- Users are not on a U.S. government list of unauthorized or restricted parties;
Account creation
To use the Service, Users may register or create a User account by providing any data or information required to do so fully and truthfully.
The Service may also be used without registering or creating a user account. However, this may result in limited availability of certain functions.
The user must ensure that the access data is kept confidential and secure. For this reason, the user must also choose a password that meets the highest security requirements possible via this application.
Upon registration, users agree to be responsible for all actions taken in connection with their username and password.
Users are required to immediately and unequivocally notify the Provider via the contact information provided in this document if they believe that their personal information, including user accounts, login credentials or personal data, has been breached, unlawfully disclosed or stolen.
Conditions for the creation of a user account
The creation of a user account is subject to the following terms and conditions. By registering, the user agrees to comply with these conditions.
- The creation of user accounts by bots or other automated methods is not permitted.
- Unless otherwise specified, each user may create only one account.
- Unless expressly permitted, a user account may not be shared with other persons.
Termination of the user account
User accounts may be deleted at any time as follows:
- By contacting the provider directly using the contact information provided in this document.
Blocking and deletion of the user account
The Provider reserves the right, at its sole discretion, to block or delete user accounts that it deems inappropriate or offensive, or that it deems to be in violation of these TOS, at any time and without prior notice.
Due to the blocking or deletion of user accounts, the user shall not incur any claims for damages, indemnification or reimbursement.
The blocking or deletion of accounts for reasons for which the user is responsible does not release the user from the obligation to pay agreed fees or prices.
Content available through this application
Unless otherwise stated or clearly identifiable, all content available through this application is owned and provided by the provider or its licensors.
The provider makes every effort to exclude that the content made available via this application violates applicable laws or rights of third parties. However, it is not always possible to achieve this result.
In such cases, users are requested to address their complaints preferably to the contact details provided in this document. This does not affect the right to enforce any claims (out of) court.
Rights to the content available through this application
All rights to the content are reserved by the provider.
Users may only use the content to the extent that this is necessary or – even implicitly – intended for the proper use of the service.
In particular, users are not permitted to reproduce, download, distribute beyond the limits defined below, edit, translate, modify, transform, publish, transfer to or license the content to third parties, or enable third parties – even without the user’s knowledge – to perform said actions via their own device.
To the extent expressly indicated through this Application, the User may download, reproduce and/or distribute selected Content available through this Application for personal and non-commercial purposes only, provided that the copyright notices and any other notices required by the Provider are properly attached.
This does not affect any legal restrictions or exceptions.
Removal of Content from portions of this Application available through the App Store.
If the offending content is deemed objectionable, it will be removed within 24 hours and the responsible user will be denied access to the Service.
Access to external resources
Users may be able to access external resources provided by third parties through this application. Users acknowledge and accept that Provider has no control over such resources and is therefore not responsible for their content or availability.
The terms and conditions under which such resources provided by third parties are available and under which rights to use such content, if any, are granted are governed by the contractual terms of each third party or, in the alternative, by applicable law.
In particular, this application could contain third-party advertisements. The provider does not control or moderate the advertisements displayed via this application. By clicking on such advertisements, users establish a connection with such third parties who are responsible for the respective advertisement.
The Provider is therefore not liable for any consequences resulting from interactions with such third parties, in particular from visiting third party websites or using third party content.
Permitted use
This application and the service may only be used as intended and in accordance with these GTC and the applicable legal regulations.
Users themselves are responsible for ensuring that their access to this application and/or their use of the service does not violate any legal regulations, ordinances or third-party rights.
Therefore, the provider reserves the right to take all appropriate measures to protect its legitimate interests, such as denying users access to this application or the service, terminating contracts, reporting objectionable acts taking place via this application or the service to the competent authorities – such as judicial or administrative authorities – if users demonstrably or presumably:
- violate any law, regulation or these TOS; or
- violate the rights of third parties; or
significantly harm the legitimate interests of the provider; or
offend the Provider or a third party.
API Terms of Use
- Users may access their data related to this Application through the API interface (API). Any use of the API, including use of the API by a third party product/service, is subject to these TOS and the following additional terms:
- User acknowledges and expressly accepts that Provider shall not be liable for any damages or losses resulting from User’s use of the API or use of any third party product/service accessing data through the API.
TERMS OF SALE
Paid Products
Some of the products available through this application as part of the Service are subject to a fee.
Prices, terms and other conditions applicable to the purchase of such products are described below. In all other respects, reference is made to this Application and to the applicable sections thereof.
Product Description
Prices, descriptions and availability of products are viewable in the appropriate areas through this application and are subject to change without notice.
Although products are presented through this application with the utmost technical care, representations of any kind (including graphic representations, images, colors, sounds) are for reference only and do not constitute a guarantee regarding the characteristics of the purchased product.
The features of the selected product will be explained during the purchase process.
Purchase process
All steps from selecting a product to placing an order are part of the checkout process.
The purchase process includes the following steps:
- The user selects the desired product from the assortment and checks his own product selection.
- After checking the details of the product selection, the user can place the order by submitting it to the provider.
Placing the order
When the user places an order, the following applies:
- Mit Aufgabe der Bestellung kommt der Vertrag zustande. Die Aufgabe der Bestellung begründet für den Nutzer daher die Verpflichtung zur Zahlung des Preises, der Steuern und etwaiger weiterer Gebühren und Auslagen entsprechend der Angaben auf der Bestellseite.
- Benötigt das gekaufte Produkt die aktive Eingabe von Informationen, wie persönliche Informationen oder Daten, Spezifikationen oder Sonderwünsche, begründet die Auftragserteilung eine Verpflichtung des Nutzers zur entsprechenden Mitwirkung.
- Nach Aufgabe der Bestellung erhalten Nutzer eine Eingangsbestätigung.Alle Benachrichtigungen im Zusammenhang mit dem beschriebenen Kaufvorgang werden an die vom Nutzer zu diesem Zweck angegebene E-Mail-Adresse gesendet.
Prices
Users will be informed of all fees, taxes, and charges (including any shipping charges) they are responsible for during the checkout process and before placing an order.
Prices will be displayed through this application as follows:
- Either exclusive or inclusive of all applicable fees, taxes and charges, depending on which section the user is in.
Payment methods
Information on accepted payment methods will be provided during the checkout process.
Some payment methods may be available only against additional conditions or fees. In these cases, you can find the relevant information in the relevant section of the service (this application).
All payments are processed through third-party providers. Therefore, this application does not collect payment information – such as credit card details – but only receives a notification when the payment is successfully completed.
If the payment through the available methods fails or is declined by the payment processor, the provider is not obligated to fulfill the order. Any costs or fees resulting from the failed or refused payment shall be borne by the user.
Purchase through the App Store
This application or certain products sold through this application must be purchased through a third-party app store. To do so, users must follow the instructions of the relevant online store (e.g. “Apple App Store” or “Google Play”), which may vary depending on the device used.
Unless otherwise stated, purchases made through third-party online stores are also subject to the terms and conditions of such third-party stores, which shall always take precedence over these TOS in the event of any discrepancies or conflicts.
Users who make purchases through such third-party online stores must therefore carefully read and accept these Terms and Conditions.
Retention of title
The ordered products become the property of the user only upon receipt of payment of the full purchase price by the provider.
Delivery
Deliveries shall be made to the address provided by the user and in the manner specified in the order summary.
Upon delivery, the user must inspect the contents of the delivery and report any discrepancies immediately using the contact information provided in this document or as described in the delivery bill. Users may refuse to accept the package if there is visible damage.
This application describes in the appropriate section the countries or territories to which the goods will be delivered.
This application also describes the relevant delivery times, or alternatively these can be specified during the purchase process.
Unsuccessful delivery
The Provider is not liable for delivery failures due to inaccuracies or incompleteness in the execution of the order by the User, nor for damages or delays after handing over the goods to the carrier, if the carrier has been commissioned by the User.
If the goods have not been received at the specified time or collected within the specified period, the goods will be returned to the Provider. In that case, the Provider will contact the User to arrange a second delivery attempt or to discuss the further procedure.
Unless otherwise agreed, the User shall bear the costs for each further delivery attempt from the second delivery attempt onwards.
Contract period
Subscriptions
Subscriptions allow users to receive a product on a continuous or regular basis over a specified period of time.
Paid subscriptions begin on the date payment is received by the provider.
To maintain subscriptions, users must pay the required recurring fee in a timely manner. Failure to do so may result in service interruptions.
Subscriptions with fixed term
Paid fixed term subscriptions begin on the date payment is received by the provider and have the term selected by the user or specified at the time of order.
After the subscription term expires, the Product is no longer accessible unless the User renews the subscription by paying the applicable fee.
Subscriptions with a fixed term cannot be terminated early. They end when the subscription term expires.
Subscriptions via Apple ID
Users may subscribe to a Product using the Apple ID associated with their Apple App Store account by using the process provided through this application. In doing so, the user acknowledges and accepts that
- his or her Apple ID account will be debited with each payment due;
- subscriptions will automatically renew for the same term unless the user cancels at least 24 hours prior to the expiration of the current term;
- any fees or payments due for renewal will be billed within 24 hours prior to the end of the current term;
- subscriptions can be managed or cancelled in the user’s Apple App Store account settings;
The above provisions shall take precedence over any conflicting or deviating provisions of these GTC.
Cancellation
Recurring subscriptions may be terminated at any time by sending a clear and unambiguous notice of termination to the Provider. For this purpose, users shall use the contact details provided in this document, or – if possible – the corresponding controls provided via this application.
User right
Right of withdrawal
Unless there are exceptions, the user may revoke the contract within the period specified below (usually 14 days) without giving any reason. In this section, users can learn more about the conditions of withdrawal.
To whom the right of withdrawal applies
Under EU law, European consumers have a statutory right of withdrawal for contracts concluded online (distance contracts). They can revoke the contract within the period applicable to their case for any reason and without justification. This right of withdrawal applies unless exceptions are listed below.
For users who are not acting as European consumers, the rights set out in this section do not apply.
Exercise of the right of withdrawal
In order to exercise his right of withdrawal, the user must send the provider an unambiguous statement indicating his decision to withdraw.
For this purpose, Users may use the model withdrawal form provided in the “Definitions” section of this document. However, users are free to express their revocation decision by means of an unambiguous statement in any other appropriate manner. In order to meet the deadline for exercising this right, the user must send the withdrawal notice before the end of the withdrawal period.
When does the withdrawal period expire?
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In the case of the purchase of goods, the withdrawal period ends 14 days after the day on which the user or a third party designated by the user who is not the carrier comes into possession of the goods.
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In the case of the purchase of several goods in one order, but which are then delivered separately, the withdrawal period ends 14 days after the day on which the user or a third party designated by him, who is not the carrier, comes into possession of the last delivered good, lot or part.
- In the case of contracts that provide for recurring delivery of goods over a certain period of time, the cancellation period ends 14 days after the day on which the user or a third party named by him who is not the carrier comes into possession of the first goods.
Effects of revocation
Users who duly revoke a contract will be refunded all payments made to the Provider, including delivery costs if applicable.
However, the provider is not obliged to refund additional costs if the user has opted for a type of delivery other than the cheapest standard delivery offered by the provider.
The refund shall be made without undue delay, but no later than 14 days after the day on which the provider is informed of the user’s decision to revoke the contract. The Provider shall make the refund using the same means of payment that the User used in the original transaction, unless expressly agreed otherwise with the User. In any case, the User shall not incur any costs or fees as a result of the refund.
…when buying goods
The User shall return or hand over the goods to the Provider or to a person authorized by the Provider to receive the goods without undue delay and in any case no later than 14 days from the day on which the User has notified the Provider of his decision to revoke the contract, unless the Provider has offered to collect the goods himself.
The deadline is met if the user hands over the goods to the carrier or otherwise returns the goods as specified above before the 14-day period expires. The provider may refuse repayment until it has received the goods back or until the user has provided proof that he has returned the goods, whichever is the earlier.
The User shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functionality of the goods.
The cost of returning the goods shall be borne by the user.
Statutory warranty law
Under EU law, traders are liable for the conformity of the goods they sell for a period of at least two years from delivery. Thus, traders must ensure that the purchased goods have the promised or reasonably expected quality, functionality or characteristics for at least two years after delivery to the buyer.
For users acting as European consumers, the statutory warranty law applies to goods available through this application in accordance with the laws of the country of their habitual residence.
The national laws of these countries may grant users more extensive rights.
For users not acting as European consumers, the warranty rights of the country in which they have their habitual residence apply.
Liability and compensation
Users in Australia
Limitation of Liability
Warranties, conditions, guarantees, rights and remedies available to users under the Competition and Consumer Act 2010 (Cth) are not affected in any way by the provisions of these TOS. The same applies to any similar mandatory national or territorial laws that give users indispensable rights. To the extent permitted by law, our liability to Users – including liability for breach of a mandatory right and any other liability not excluded by these T&Cs – shall be limited, in the reasonable discretion of the Provider, to supplementary performance or reimbursement of the costs incurred for the renewed provision of the Services.
Users in the U.S.
Disclaimer of warranty
This application is provided and made available solely on an “as is” and “as available” basis. Use of the service is at your own risk. Provider expressly disclaims all conditions, representations and warranties – express, implied, statutory or otherwise, including any implied warranties of merchantability, fitness for a particular purpose or non-infringement to the extent permitted by law. Any advice or information, whether oral or written, obtained by User from Provider or through the Service shall not create any warranty unless expressly stated.
Notwithstanding the foregoing, Provider, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the Content will be reliable, accurate or correct; that the Service will meet Users’ expectations; that the Service will be uninterrupted or reliable at any particular time or location; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. All content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk. Users are solely responsible for any damage to User’s computer system or mobile device or loss of data that results from such download or User’s use of the Service.
The Provider does not warrant or assume responsibility for, nor does it endorse, any products or services advertised or offered by third parties through the Service or through any hyperlinked website or service. Transactions between Users and third party providers of products or services are neither facilitated nor monitored by the Provider.
The Service could become inaccessible or stop working properly with the User’s web browser, mobile device and/or operating system. Provider shall not be liable for any perceived or actual damages arising from the content, operation, or use of this Service.
Federal law, some states and other jurisdictions do not allow the exclusion or limitation of certain warranties. The above exclusions may not apply to users. This Agreement gives Users certain rights, while it may give Users other rights depending on the jurisdiction. The disclaimers, exclusions, and limitations of liability under the Agreement are void where prohibited by applicable law.
Limitation of liability
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To the fullest extent permitted by law, in no event shall Provider or its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers or employees be liable for
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any indirect, punitive, incidental, special, consequential or exemplary damages, including, without limitation, damages for lost profits, goodwill, use, data or other intangible losses arising in connection with the Service or its unavailability; and
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any damages and losses resulting from hacking, tampering or other unauthorized access or use of the Service or User Account, and the information contained therein;
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any errors, mistakes or inaccuracies in the content;
personal injury or property damage of any kind arising out of User’s access to or use of the Service;
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any unauthorized access to the Provider’s backup servers and/or the personal information stored therein;
any interruption or cessation of transmission to or through the Service;
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any bugs, viruses, Trojan horses or the like that may be transmitted to or through the Service;
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any content errors or omissions or for any loss or damage resulting from the use of any content posted, emailed, transmitted or otherwise made available through the Service; and/or
the defamatory, offensive or illegal conduct of any user or third party.
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Any liability of Provider, its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees for any claims, revenues, liabilities, obligations, damages, losses, or costs shall be limited in amount to the amount paid under this Agreement by User to Provider in the preceding 12 months or, if less, over the entire term of this Agreement between Provider and User.
This limitation of liability applies to the fullest extent permitted by the applicable jurisdiction, regardless of whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if the provider has been advised of the possibility of such damages.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to User. These TOS give the user certain rights, while other rights may be available to the user depending on the jurisdiction. The exclusions, and limitations of liability under the TOS, if prohibited by applicable law, are void.
Compensation
User agrees to indemnify, defend and hold harmless Provider and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debts and expenses, including, without limitation, legal fees and expenses, arising out of or in connection with
- User’s access to and use of the Service, including any data or content transmitted or received by User;
- the User’s breach of these TOS, including, but not limited to, the User’s breach of any of the representations and warranties contained in these TOS;
- the violation by the User of any third party rights, including but not limited to personal rights or intellectual property rights;
- the violation by the User of any legal requirements, rules or regulations;
- any content transmitted from the User’s account, including in the case of access by third parties using the User’s username, password or other security measures, if any, and including misleading, false or inaccurate information;
- the alleged misconduct of the user; or
- the violation of any legal provision by the User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees, to the extent permitted by applicable law.
Common provisions
No waiver
Failure by the Provider to assert any right under these TOS or to enforce any provision hereof shall not constitute a waiver of such right or provision. No waiver shall be deemed a further or continuing waiver.
Service interruption
In order to ensure the best possible service, the Provider reserves the right to interrupt the service for maintenance, system updates or other changes. He will inform the users appropriately.
Within the limits of the law, the Provider may also decide to suspend or terminate the Service entirely. In the event of termination of the Service, the Provider will cooperate with Users to enable them to delete personal data or information in accordance with applicable law.
In addition, the Service may be unavailable for reasons beyond the Provider’s control, such as “force majeure” (e.g. labor disputes, infrastructure failures or power outages, etc.).
Resale
Users may not reproduce, duplicate, copy, sell, resell or exploit this Application and Service in any way without the express prior written permission of Provider, granted either directly or through a lawful reseller program.
Privacy policy
To learn more about the use of their personal data, users can consult the privacy policy of the service (this application).
Intellectual property rights
Notwithstanding any more specific provisions of these TOS, all intellectual property rights, such as copyrights, trademark rights, patent rights and design rights, in connection with the Service (this Application) are the exclusive property of the Provider or its licensors and are subject to the protection of applicable law or international treaties relating to intellectual property.
All trademarks, names or logos – and all other trademarks, trade names, service marks, word marks, illustrations, images or logos – appearing in connection with the Service (this Application) are and will remain the exclusive property of the Provider or its licensors and are subject to the protection of applicable law or international treaties relating to intellectual property.
Changes to these GTC
The Provider reserves the right to change or otherwise modify these GTC at any time. In this case, the provider will inform the user appropriately about these changes.
Such changes shall only affect the relationship with the User for the future.
By continuing to use the Service, the User accepts the modified GTC. If the User does not want to be bound by the changes, he/she must stop using the Service. If the revised terms are not accepted, either party may terminate the contract.
For the relationship prior to the User’s acceptance of the changes, the valid previous version of the GTC shall apply. The User may obtain any previous version of the GTC from the Provider.
If required by the applicable law, the Provider shall specify the date from which the amended GTC shall apply.
Assignment of rights and obligations
The Provider reserves the right, taking into account the legitimate interests of the User, to transfer, assign, replace by novation or pass on all rights and obligations arising from these GTC.
The provisions on amendments to the GTC shall apply accordingly.
Users may not assign or transfer their rights or obligations under the GTC in any way without the written consent of the Provider.
Contacts
All communications related to the use of the Service (this Application) must be sent to the contact information provided in this document.
Severability clause
If any provision of these TOS is or becomes invalid or unenforceable under applicable law, such invalidity or unenforceability shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
US users
Any such invalid or unenforceable provisions shall be interpreted and modified to the extent that they become valid, enforceable and in accordance with the original purpose. These TOS constitute the entire agreement between Users and Provider relating to the subject matter hereof and shall prevail over any other communications between the parties relating to the same subject matter, including any prior agreements.
These GTC will be enforced to the extent permitted by law.
EU users
If any provision of these GTC is or is deemed to be invalid, or invalid or deemed to be invalid, the parties shall do their best to reach an agreement on valid and enforceable provisions in an amicable manner, thus replacing the invalid, void or unenforceable parts.
Otherwise, the invalid, void or unenforceable provisions shall be replaced by the applicable statutory provisions, if permitted or provided for under the applicable law.
Notwithstanding the foregoing, the invalidity, voidness or unenforceability of any provision of these GTC shall not invalidate the entire agreement, unless such provision is material to the agreement or of such importance that the parties would not have entered into the agreement had they known of the invalidity of the provision. If the remaining terms would result in undue hardship for one of the parties, the invalidity of the individual provision shall result in the invalidity of the entire agreement.
Applicable law
These TOS shall be governed by the laws of the place where the Provider has its registered office, with the exception of conflict of law provisions. Users can find the indication of the registered office in the relevant section of this document.
Exception for European consumers
Notwithstanding the foregoing, users who are acting as European consumers and have their habitual residence in a country where the law provides for a higher standard of consumer protection shall be subject to that higher standard.
Jurisdiction
The courts of the place where the Provider has its registered office – as indicated by the information in this document – shall have exclusive jurisdiction over all disputes arising out of or in connection with these GTC.
Exception for European consumers
This does not apply to users who act as European consumers nor to users who act as consumers and have their (residential) seat in Switzerland, Norway or Iceland.
Dispute Resolution
Amicable settlement of disputes
Users may address any disputes to the provider, who will try to settle them amicably.
The User’s right to take legal action shall always remain unaffected. However, in case of any dispute regarding the use of the Service (this Application) or the Service, the User is requested to contact the Provider using the contact details provided in this document.
The User may submit the complaint, including a brief description and, if applicable, the details of the related order, purchase or account, to the Provider’s e-mail address specified in this document.
The Provider will promptly process the request within 21 days of receipt.
Online dispute resolution for consumers
The European Commission has established an online Alternative Dispute Resolution platform, which is an out-of-court method for resolving all disputes related to and arising from online sales and service contracts.
As a result, any European consumer can use this platform to resolve disputes arising from contracts concluded online. The platform is available at the
following link.