Here you can find the most frequently asked questions and answers about our free and neutral online conciliation service janoFair, starting with the core questions of who and how a procedure can be initiated by the consumer and the question of how the procedure works, to the question of how a participating online shop can be recognized, whether it is using the janoFair logo legally.
janoFair conciliation is a voluntary out-of-court procedure for resolving civil disputes court between a customer and a retailer residing or with a registered office in Germany. We are not a government-recognized consumer conciliation board as defined under the Consumer Dispute Resolution Act [Verbraucherstreitbeilegungsgesetz (VSBG)]. Nevertheless, we adhere to the principle legal requirements and guarantee that the conciliation services that we provide meet high standards. The objective of the janoFair process is to resolve conflicts amicably with a decision that satisfies both parties. The conflict is not resolved with an official verdict from a judge. Instead, the conciliation process ends when both parties accept a proposal drawn up by the conciliator. This proposal is based on the information provided by both parties and applicable law. The conciliator is an attorney at janolaw chung, the partner firm of janolaw. The proposal is non-binding. The parties are free to decide whether to accept it or not.
janoFair conciliation proceedings can be initiated if the retailer involved in the conflict participates in the janoFair service provided by janolaw AG. The participating stores can be found in the Retailer Search. The customer’s residence and the retailer’s registered office must be in Germany. In addition, the source of the dispute to be resolved through conciliation must be the delivery of goods purchased over the Internet. In keeping with the janoFair Rules of Conciliation (janoFair-SO), the customer must have attempted unsuccessfully to resolve the issue with the retailer before conciliation can begin.
The janoFair process is initiated and carried out exclusively online. When an application for conciliation is filed, an electronic record is created and made accessible to the applicant, the respondent, and the conciliator. First, the applicant enters all information necessary for carrying out the procedure in the request form provided for this purpose on our website (www.janofair.de). The applicant has the option of uploading files (photos, documents) that support his or her claim. The claim is then forwarded to the respondent, who has the opportunity to provide any relevant information. He or she may also upload files to support the information that he or she submits. An conciliation proposal is drawn up on the basis of these allegations and the janoFair Rules of Conciliation, and then it is transmitted electronically to the parties. In general, a reasonable deadline is set for the proposal to be accepted. The parties accept or reject the proposal electronically.
For customers, the janoFair process is free of charge. Unlike in court proceedings, which require payment for the court and lawyers, there are no fees for the janoFair process. Any decision on the allocation of costs is irrelevant to the proposal made by the conciliator at the end of the procedure. janoFair's objective is not only to facilitate an amicable reconciliation of interests, but also to help the parties reach a settlement quickly. As a result, janoFair-SO allots a maximum of three months for the procedure. Normally, however, the process is completed in less time. The actual duration of the proceedings depends on the individual case and, among other factors, on how quickly the parties respond to requests by the conciliator.
Evidentiary hearings, which involve questioning witnesses and presenting expert opinions, occur in the context of civil law proceedings but are not part of the janoFair process. The janoFair conciliation procedure is designed to bring about an amicable and mutually acceptable solution. It is also intended to provide for a speedy resolution of conflicts. Protracted hearings of evidence would jeopardize this objective. Nevertheless, the parties may choose to upload documents or photos in the janoFair process. In this case, of course, the conciliator will assess the documents submitted and consider their content and significance when he or she draws up the conciliation proposal.
If an amicable solution to a conflict cannot be reached, or if one of the parties decides to terminate the process, the parties may choose to go before an ordinary court. Participating unsuccessfully in the janoFair conciliation procedure does not limit the rights of the participants, and the parties may seek to assert their claims before an ordinary court.
The online conciliation of janoFair is a voluntary procedure for the out-of-court settlement of disputes between shop operators and their customers. If the shop operator offers his participation in the janoFair procedure, this does not mean that he can be compelled to carry out a specific procedure. Participation in the concrete procedure is voluntary for customers and shop operators. This also means that both parties can terminate the proceedings at any time.
According to the rules of janoFair, the conciliation proceedings can be triggered by customers only. The applicant can make the request on the website www.janoFair.de. According to the janoFair rules shop operators are not entitled to start the procedure.
In order to efficiently start the conciliation procedure the following information is mandatory for the application: • Purchase date / order date • Invoice or customer number • Purchase price • Details (date) of failed attempt to reach agreement • Details of the reason for the dispute Additionally, the parties may upload documents and thus provide them to the conciliator. This includes documents such as order confirmations, invoices or the previous correspondence of the parties involved.
janoFair is is not a consumer conciliation board within the meaning of the Consumer Dispute Settlement Act [Verbraucherstreitbeilegungsgesetz (VSBG)], which is accessible to the general public. Customers of online shops can only use the conciliation service of janoFair if the shop operator uses the GOT Hosting service of janolaw AG. Therefore, participation in online conciliation is only possible only if the janoFair logo has been properly integrated into the shop website.
Unfortunately, there has been abuse of the janoFair logo by fake shops in the past. As a customer, you can easily recognize whether the shop is entitled to use our logo. First of all, only janolaw AG customers are allowed to use the janoFair-Siegel, which uses the GTC-hosting service for their shop. This includes, in principle, legal documents such as GTC, imprint, revocation and data protection. If the shop operator uses janoFair , he is obliged to communicate this circumstance by incorporating the janoFair logo into his shop website. The logo is placed on the website via an HTML script. Only then, and if the logo is clickable and leads to the shop detail information of the shop it is properly integrated. The URL address of a logo page provided by janoFair always begins with: https://www.janofair.de/janofair-siegel/zertifikat/index.html?shopId=...
At our website https://www.janofair.de/janofair-siegel/missbrauch/ you can find a list of shops which are not authorized to use the jnaoFair logo. If you suspect that an online shop is not entitled to use our janoFair logo, we ask you to report your suspicion. You can reach us by e-mail at firstname.lastname@example.org. Please send us the shop name and the website of the shop. We will examine the facts and possibly take legal actions against the unauthorized user.