The janoFair process is a voluntary option for alternative dispute resolution in cases of conflict between a retailer and a customer. The method is based on the principles of impartiality and fairness. The conciliator is neutral and aims to achieve an amicable out-of-court agreement between the parties that is equally acceptable to the retailer and the customer. This Rules ensure a smooth course of the procedure.
janoFair Rules of Conciliation
janolaw AG maintains an conciliation service for electronic commerce. Its purpose is to facilitate a fast, efficient, and cost-effective resolution of disputes in the field of electronic commerce between retailers and customers. The name of the conciliation service is "janoFair." It is not a consumer conciliation board within the meaning of the Consumer Dispute Settlement Act [Verbraucherstreitbeilegungsgesetz (VSBG)].
Sect. 1 Jurisdiction
(1) The conciliation service operates in the field of e-commerce and handles civil litigation concerning the delivery of goods. The dispute for conciliation must be between a retailer and a customer who entered into a contract online. The conciliation service has no jurisdiction over other kinds of disputes, including those related to labor and tenancy.
(2) Individuals are eligible for the service if they are customers residing in Germany, provided that the dispute is filed against a company based in Germany that participates in the janoFair program of janolaw AG. Applicants are also entrepreneur who have entered into a purchase agreement in the course of their commercial activities with a retailer (claimant), which participates in the janoFair program of janolaw AG.
Sect. 2 Organization
(1) Each conciliation proposal is drawn up by an conciliator from the partner firm janolaw chung.
(2) The conciliator is an attorney and is bound to maintain confidentiality.
Sect. 3 Procedure
(1) Communication between the conciliation service and the parties takes place exclusively online. In exceptional cases, communication by letter, fax, or telephone is possible.
(2) Prior to intervention by the conciliation service, the customer must have attempted to reach an amicable resolution with the retailer. Under exceptional circumstances, this requirement may be waived. Examples of such circumstances are: cases in which attempting to reach a resolution in advance appears to have no prospect of success, cases in which linguistic barriers preclude communication between the parties, and cases in which the customer is unable to establish contact with the retailer for any other reason. The arbitrator will decide at his or her own discretion whether to accept a case for conciliation in spite of the fact that no prior attempt at resolution has been made.
(3) The process begins with an application by the customer. Applications are submitted via an online form, which is available at www.janofair.de. In addition to the names and addresses of the parties, the application requires information on the sales contract and an accurate description of the facts.
(4) The conciliation service rejects applications in the cases outlined in the Consumer Dispute Settlement Act [Verbraucherstreitbeilegungsgesetz (VSBG)]. This applies in particular if:
Moreover, conciliation shall not be carried out if:
(5) The application is forwarded to the respondent. The respondent is given a reasonable amount of time in which to establish a factual and legal position. If the conciliation service has no jurisdiction over the dispute, if one of the grounds for refusal exists, or if the respondent fails to participate in conciliation, the process is terminated.
(6) The further course of the proceedings is determined by the arbitrator at his or her discretion, in compliance with the principles of impartiality and fairness. The wishes of the parties are taken into account in this determination.
(7) During the procedure, the applicant may be represented by or consult a third party.
Sect. 4 Conclusion of the Proceedings
(1) After hearing the parties, the conciliator will submit an arbitration proposal. The decision of the conciliator is based on German applicable law. If the applicant is an entrepreneur, the decision based also on the UN Sales Convention. A Justification for the conciliation proposal will be provided by the conciliator. The parties are not bound by the conciliator’s proposal.
(2) The conciliator brings the process to a close within three months.
(3) In principle, the process ends when the parties accept the conciliation proposal. If the parties fail to accept the proposal within a reasonable amount of time after receipt, the conciliator declares the conciliation procedure a failure. The conciliator then informs the parties that the procedure has failed.
(4) The process is voluntary and may be terminated by the parties at any time. The conciliation procedure does not affect the ability of the parties to bring the dispute before a court. If the parties accept the conciliation proposal, the result is a contract that is binding but not enforceable.
(5) The conciliator is also entitled to resign from the case if the conciliation has no prospect of success or if one of the parties acts in bad faith.
Sect. 5 Principles of the Proceedings
(1) The conciliation service is neutral and aims to achieve an amicable out-of-court agreement between the parties.
(2) The conciliation service informs the parties promptly and regularly about the state of the proceedings and about their rights.
Sect. 6 Costs
The conciliation is free for both parties. Each party will bear any expenses incurred that it incurs during the proceedings.
Sect. 7 Data Protection
(1) The data transmitted to the conciliator will be stored for the purposes of handling the case, then further processed and forwarded to the respondent. The applicant agrees to this in electronic form when he or she submits a request for arbitration.
(2) The applicant has the right to demand information about his or her data, as well as to correct, erase, or block the data.
Sect. 8 Final Provisions
(1) For the duration of the conciliation process, the conciliation service will strive to facilitate an out-of-court settlement of the dispute between parties. Due to the voluntary nature of the process, however, the settlement depends on the parties. As a result, there can be no guarantee that a settlement of the dispute will be reached. The conciliation board assumes no liability for settling the dispute.
(2) Filing the request does not alone suspend the statute of limitations. This only occurs if the requirements of §§ 203 and 204 of the German Civil Code [Bürgerliches Gesetzbuch (BGB)] are met.
(3) The conciliation service assumes no responsibility for the observance of time limits, such as withdrawal periods or statutes of limitations.