- The provisions of the Regulation on consumer ODR have been in force since 9 January 2016. The regulation provides for the creation of the European online platform (the ODR platform). The platform is the contact point for consumers and e-commerce traders with their registered offices in the EU. Using the platform the parties will be able to resolve amicably disputes stemming from the online sales or service provision agreements concluded between the consumer and the trader - Anna Rak, trainee attorney at FKA Furtek Komosa Aleksandrowicz, tells portalspozywczy.pl. 

She adds that the regulation concerns the agreements in which the trader offers goods or services via a website and the consumer orders them via that website. The entire free of charge amicable proceedings initiated with the consumer’s complaint are to take place online and in general may last 90 days of the date of receiving the complete complaint by the ADR entity.

- Since 9 January the ADR entities have been able to register in the system. The member states were obliged to inform their domestic ADR entities of the possibility of gaining access to the platform. All the consumers from the EU have already been able to create accounts and submit electronic complaint forms via the ODR platform since 15 February - explains Anna Rak.

She stresses that some dispute resolution entities are not yet available via the platform. This applies to the entities from Croatia, Spain, Lithuania, Luxemburg, Malta, Germany, Poland, Romania, Slovenia and Latvia.

- The consumer willing to submit a complaint regarding the agreement concluded with the traders from those countries may have a limited ability of using the platform or may be unable to use it at all - explains Anna Rak.

She adds that the consumers are guaranteed access to the alternative methods of dispute resolution by the following legislative package:

• Regulation No 524/2013 of the European Parliament and of the Council (EU) of 21 May 2013 on online dispute resolution for consumer disputes and
• Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC.