What to do

In general, whenever a problem arises in the purchase of a product or in the provision of a service, the Consumer is invited to activate the following tools:

Submit a complaint

In the event of problems connected to the purchase of a product or the provision of a service, first of all, the Consumer is required to submit a complaint directly to the Professional in order to explain the problem and explore possible solutions.

Contact the Professional's customer service department, whose contact details are usually found on the company's website. The Professional is required to provide all the information relating to the causes of the problem and where this cannot be resolved directly, he has the duty to direct the Consumer towards the initiatives to be undertaken.

Contact a Consumer Association

If the complaint sent to the Professional has no effect and has not obtained a reply, or if the reply received is not sufficient to remedy the reported problem, the Consumer can contact one of the Consumer and User Associations among those registered in the national list of Ministry of Economic Development and be assisted in solving the problem that has arisen with the Professional.

Consumers' Associations are non-profit organizations whose sole statutory purpose is to safeguard and defend the interests of consumers. The most representative associations at national level are registered in the single national list kept at the Ministry of Economic Development pursuant to art. 137 of the Consumer Code.

Activate an ADR procedure

If, following the complaint, the Professional answers negatively or does not answer at all, the Consumer can activate an ADR procedure. These procedures have the advantage of offering a quick and effective solution to conflicts between Professionals and Consumers (as well as streamlining the judicial burden) since one proceeds through "alternative" ways without resorting to the judicial Authority. Furthermore, it prevents Consumers, discouraged by the costs and length of the legal proceedings, from giving up the protection of their rights.

What are ADR procedures?

ADR is the acronym of “Alternative Dispute Resolution”, an English term which indicates the “alternative dispute resolution”. These are out-of-court dispute resolution procedures that comply with the requirements of Title II-bis of the Consumer Code (Article 141, paragraph 1, letter g).

The matter is governed by articles 141-141 decies of the Consumer Code. The ADR procedures were introduced into the Italian legal system with legislative decree 6 August 2015, n. 130 which implemented the ADR directive for consumers 2013/11/EU.

These are voluntary procedures that are activated on the impulse of the Consumer, who will be the plaintiff of the procedure. They are mainly free procedures or subject to "merely symbolic costs" for the consumer (art. 141 quater, paragraph 3, letter c). It should be noted that in the context of ADR procedures, the Parties are not obliged to provide legal assistance. The ADR Body registered in the list must have Mediators in charge of resolving disputes in possession of adequate and specific training requirements to be demonstrated through academic qualifications and any certificates, based on the provisions of the individual competent authorities (art. 141 -bis, paragraph 4, letter a).

The ADR bodies have obligations of transparency, impartiality and fairness towards the parties to the proceeding and consumers in general: in particular, the ADR bodies, through their annual reports, must inform the "public" about the modalities of the procedure, the types of disputes, the rules governing the submission of complaints, the criteria that guide the adoption of decisions, etc. (art. 141 bis).

Operative mode

A1. The ADR procedure may take place, at the request of the Parties:

Through actual meetings of the Mediator with the Parties at a 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 location chosen jointly by the Parties.

The ADR procedure will start within 30 days from the accession 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 is fast and will have a maximum duration of 90 days from receipt of the complete file of the application to start; this term, if necessary, in the event of particularly complex disputes, may be extended, only once, by a further 90 days; the Parties must be informed of this extension and of the new term for the conclusion of the procedure (Article 141-quater, paragraph 3, letter e).

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

11. In particular 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 related costs equally.

12. The Concordia et Ius srl conciliation body has expert mediators in the field of consumption in charge of resolving disputes who possess adequate and specific training requirements, based on the provisions of the individual competent authorities (art. 141-bis, paragraph 4, letter a), and complies with the obligations of transparency, impartiality and fairness towards the parties to the proceedings and consumers in general, informing the Parties, through annual reports, about the modalities of the procedure, the types of disputes, the rules governing the presentation of complaints, the criteria that guide the adoption of decisions, etc. (art. 141 bis).

13. The quality of the procedure is guaranteed by compliance with the ADR legislation on consumption contained in the directive and by the monitoring activity on the activity of the registered bodies carried out by the competent authority: in particular, the registration of the body in the list managed by the competent Authority provides registered ADR bodies with a quality certification, so as to give them visibility at European level through their inclusion on the ODR platform.

14. Recourse to an ADR procedure does not affect the possibility for the Consumer and the Professional to appeal to the judicial authorities (art. 141, paragraph 10). Regardless of the outcome of the ADR procedure, the Consumer retains the fundamental right to appeal to the competent judicial authority (it is a fundamental right established by the European Convention on Human Rights).