Legal support Mediation of disputes
Every webshop has to deal with a dispute once in a while
Don't get caught up in a yes-no discussion with your customer.
As a merchant, you can do your best, but sometimes you really can't work it out together. You can have endless discussions with the customer, but sometimes mediation by a third party works better. WebwinkelKeur tries to help, we listen to both sides of the story and find a solution. Should the solution not be possible then in extreme cases the dispute can be submitted to the dispute committee.
How does our dispute process work?
1. The consumer submits a dispute via the form on your member page. (Please note; we do not mediate between b2b. Also, the complaint should not be older than one year).
2. You will receive an automatic e-mail from us. This contains a description of the consumer's dispute. You can now handle it yourself. You have 7 days to do this.
3. After 7 days the consumer receives another automatic e-mail from us. In this we ask the consumer whether the dispute has already been dealt with, or possibly resolved. The consumer can now choose our mediation or to close the dispute. Also, the consumer can choose the option 'pending', with this the customer indicates that they are in discussion with you and want to wait another week.
3.1. Does the consumer choose our mediation? You will receive a personal email from us, containing a legal framework.
4. Through hearing both sides, we try to come to a solution together.
5. If we do not come to a solution together, the consumer has the option to engage the independent dispute commission DigiDispuut. The consumer submits the claim via the portal, with the corresponding substantiation. Once the claim is received, you are given the opportunity to submit a defense. Once both parties have submitted their submissions, an assessor will be assigned for further processing.
5.1. The consumer pays a one-time fee of €25 for this, to prevent unnecessary appeals to the Dispute Resolution Committee. These costs can be recovered from you as a merchant, if the consumer is found to be in the right.
6. The Dispute Commission again applies the adversarial process and looks at the evidence and facts to reach a decision.
Learn more about our process in this blog
Binding decision by an independent lawyer
It is possible to submit disputes to DigiDispuut, they make a binding decision which both parties have to comply with. In this way, you avoid an expensive trip to court and do not get bogged down in an endless discussion. This binding judgment amounts to € 25 and takes place entirely online. You both know where you stand and have legal certainty without the expensive trip to court.
Good to know
During our mediation we try to reach a solution together. Keep in mind that we are neutral and rely on evidence. It is therefore always desirable to send along evidence.
Legal advice for conflicts
Even if you have no conflict, but would like to know your rights and obligations, you can contact us for free legal advice. We will help you give a legal, but also practical answer to your question. You can contact us by e-mail. Please note that we are not lawyers and cannot help you with all legal questions. In some cases we can refer you to our partners
The number of disputes per membership
The number of disputes we take into mediation varies by package. Check the rates page for the maximum number of disputes we handle per member per year. These are only disputes in which we have mediated. Disputes you resolve yourself with the consumer do not count.