Consumer Mediation Regulation

Art. 1 - Regulation on consumption - Scope of application

The disputes for which it is mandatory to carry out an attempt at Mediation in the matter of Consumption with an accredited Body are:

• Disputes relating to the supply and contracts of Electricity
• Disputes relating to the supply and contracts of Gas for heating and for cooking use
• Disputes relating to the supply and contacts of water and water services
• Disputes relating to the supply and contracts of mobile and fixed telephone services
• Disputes relating to the supply and contracts of telecommunications services
• Disputes relating to the provision of internet connectivity services and contracts
• Disputes relating to pay-TV contracts
• Disputes relating to the supply and contracts of postal services
• Disputes between economic operators that manage networks, infrastructures and transport services and users or consumers

1. The ADR service on consumption of the Concordia et Ius srl conciliation body offers the possibility of resolving commercial disputes involving businesses and consumers, and in particular including those deriving from the Internet and electronic commerce, without limits concerning the nationality of the Parties.

2. The Concordia et Ius srl Conciliation Body has expert mediators in the field of consumption included in the appropriate Register kept by the Ministry of Justice, who in order to operate must have acquired and maintain specific training in the field of consumption, attending the relevant courses specialized training in this matter.

3. The classification of the consumer nature of the dispute and its value is indicated by the Party filing the request.

4. For ADR procedures expressly governed by legal provisions, this Regulation applies to the extent compatible.

5. The ADR procedures governed by this article do not fall within the scope of the Legislative Decree 28/2010.

Art. 2 - Start of the procedure

1. The ADR procedure starts with the filing of an application with the Conciliation Body Concordia et Ius srl and the payment of the procedure fees, to the extent due pursuant to art. 8 of the Mediation Tables.

2. The Secretariat informs the respondent Party, as soon as possible, of the filing of the request to start the ADR procedure with suitable means to demonstrate receipt, inviting it to respond within 15 days of receipt of such communication .

3. If the other Party agrees to Participate, it sends its application and pays the fees set out in these Regulations; then, a Mediator is identified and the procedure begins.

4. Communications to the Parties may also take place through telematic means.

5. The application to initiate the ADR procedure may be rejected by the Concordia et Ius srl conciliation body for one of the following reasons:

a) the consumer has not attempted to contact the trader concerned to discuss his complaint or tried, as a first step, to resolve the matter directly with the trader;

b) the dispute is futile or rash;

c) the dispute is being examined or has already been examined by another Conciliation Body or by a judicial body;

d) the value of the dispute is below or above a pre-established monetary threshold at a level which does not significantly affect the consumer's access to complaint handling;

e) the consumer has not presented the request to the Concordia et Ius srl ADR conciliation body within a pre-established time limit, which must not be less than one year from the date on which the consumer presented the complaint to the professional;

f) the handling of this type of dispute would risk significantly harming the effective functioning of the Concordia et Ius srl conciliation body

Art. 3 - The Ombudsman in consumer matters

1. The Mediator does not decide the dispute, but helps the parties to find a satisfactory agreement; its functions, in particular, are:

to. third facilitator, who helps the Parties to dialogue and find a shared solution ("conciliatory agreement") to the dispute;

b. third evaluator, who, at the request of the Parties and on the basis of the documentation filed and the declarations made, formulates a non-binding proposal for a solution.

2. The Mediator is identified by the Secretariat among the names of the Mediators included in a special list drawn up on the basis of criteria of competence and professionalism, in compliance with current legislation.

3. The Parties may jointly identify the Mediator among the names of the Mediators specialized in consumer matters among those of the Concordia et Ius srl Conciliation Body

4. The Ombudsman must not find himself in any of the situations of incompatibility provided for by specific laws; the Ombudsman is obliged to communicate to the Secretariat any fact or situation which could, in any way whatsoever, cause him to run into a possible situation of incompatibility.

5. Upon acceptance of the assignment, the Ombudsman must sign a specific declaration of impartiality and adhere to the code of conduct.

6. In any case, the Mediator will not be able to subsequently perform the functions of defender or arbitrator between the same Parties and with regard to the same dispute.

7. The Head of the Concordia et Ius srl Conciliation Body may agree with the Mediator on the identification of an assistant who can help him in the exercise of the function, provided that all the Parties agree and undertake to support the related charges in equal measure.

8. The Parties may ask the Head of the Conciliation Body Concordia et Ius srl, for justified and proven reasons, to replace the Mediator.

Art. 4 - The Secretariat

1. The Secretariat administers the ADR service in matters of consumption.

2. The Secretariat keeps a specific file for each ADR procedure concerning consumption.

3. The Secretariat verifies the willingness of the Parties to participate in the ADR procedure, and, following the choice of the Mediator in the specific case as the Responsible Party of the Concordia et Ius srl Conciliation Body, organizes the related meetings and provides all the necessary communications , which are carried out using the most suitable means.

4. The Mediator notifies the Secretariat of the conclusion of the procedure, notifying the Parties:

• if the Party invited to participate in the ADR procedure expressly refuses to participate or, within the term referred to in the previous art. 2, you do not communicate your membership;

• At any time the Parties declare or demonstrate that they have no interest in continuing the ADR procedure.

5. Upon request by the Party, the Secretariat certifies in writing:

to. the successful filing of the application;

b. failure to adhere to the procedure;

c. the completion of the procedure.

Art. 5 - Carrying out of the procedure

1. The ADR procedure may take place, at the request of the Parties:

• through actual meetings between the Mediator and the Parties at the headquarters of the Concordia et Ius srl Conciliation Body;

• through remote communication tools, in compliance with the rules on the processing of personal data and confidentiality.

2. The language of the procedure will be Italian or, upon joint request by both Parties, English.

3. In the event that a procedure based on physical meetings between the Mediator and the Parties is requested, the meetings will be held at the headquarters of the Concordia et Ius srl Conciliation Body closest to the consumer's residence or at another chosen location jointly by the Parties.

4. The Secretariat, having heard the Ombudsman, may in any case decide on the use of remote communication tools (such as, by way of example, videoconferencing services, e-mail, chat, telephone) instead of – or in addition to the – carrying out physical meetings, to facilitate the participation of the Parties and make the procedure faster and more efficient; it will also be possible to hold meetings in which one Party is physically present on site and the other is remotely connected via telematic communication tools, in compliance with current legislation - medium tempore - on the subject of telematic Mediation.

5. The ADR procedure will begin within 30 days of the adhesion of the respondent Party, unless otherwise agreed between the Parties or justified organizational needs of the Service.

6. The Parties participate in the procedure personally or, for justified reasons, through their own representative equipped with all negotiating powers.

7. The Parties have the option – but not the obligation – to be assisted by lawyers, representatives of consumer or trade associations or other trusted persons.

8. In any case, it is necessary for each Party to communicate to the Secretariat, well in advance, who will participate in the ADR procedure or parts of it, as well as, if assisted by lawyers, the personal details of the lawyers assisting them.

9. The procedure will have a maximum duration of 90 days from receipt of the application to start; this term, if necessary, may be extended, only once, by a further 90 days, by notifying the Parties.

10. The Mediator conducts the meeting without procedural formalities and will be able to hear the Parties jointly and separately.

11. In special cases, at the request of the Parties, the Secretariat may identify a technical consultant following the indications provided by the Mediator, provided that all the Parties request it and undertake to bear the relative costs equally.

Art. 6 - Conclusion of the procedure

1. The ADR procedure ends in each of the following cases:

to. in the event that the invited Party does not agree to participate in the procedure;

b. after 15 days of contact with the invited Party without the acceptance being received by the Secretariat;

c. when a Party decides to abandon the procedure;

d. when the term referred to in art. 5 paragraph 9 of this Regulation, possibly extended;

And. when an agreement is reached between the Parties;

f. when the solution proposals drawn up by the Conciliator are sent to the Parties.

2. Any conciliatory agreement reached by the Parties following the facilitating action of the Mediator or through the implementation of a proposal for a conciliatory solution formulated by the Mediator, bearing the signature of the Parties, has the value of a contract.

3. At the conclusion of the ADR procedure, the Ombudsman draws up a report acknowledging the outcome of the procedure and deposits it in the Secretariat, which will send a copy to the Parties and attach it to the procedure documents.

4. The minutes drawn up by the Mediator must not contain any reference to declarations by the Parties, unless upon their mutual request.

5. The Parties may express their opinions and assessments regarding the procedure by completing and sending by ordinary post or e-mail the appropriate form made available at the end of the procedure and in any case downloadable at any time from the website of the Concordia Conciliation Body and Ius srl

6. All tax charges deriving from the agreement reached are the responsibility of the Parties.

Article 7 - Confidentiality

1. The personal data of Participants in the ADR procedures will be treated in compliance with and in the manner provided for by art. 14 of this Regulation.

Art. 8 - Regulatory References

The Conciliation Body Concordia et Ius srl, in consumer matters refers in full to the principles set forth in art. 141-bis, paragraph 5 of the Consumer Code, by which the accreditation procedures with the relevant Authorities are governed and in progress, in compliance with the dictates of the Consumer Code, pursuant to article 7 of the law of 29 July 2003, n. . 229 (Legislative Decree 6 September 2005, n. 206)