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Mediation for direct selling in Europe. The creation of the ECA : a political will of the EU Legislation : A European directive on alternative dispute.

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Presentation on theme: "Mediation for direct selling in Europe. The creation of the ECA : a political will of the EU Legislation : A European directive on alternative dispute."— Presentation transcript:

1 Mediation for direct selling in Europe

2 The creation of the ECA : a political will of the EU Legislation : A European directive on alternative dispute resolution (ADR) for consumer disputes and a Regulation of the European online dispute resolution (ODR) were adopted on the 21st May 2013. Consequently : In accordance with this legislation, the ECA was created on 31st June 2013 to respond to this political will. Benefits of the ECA for companies and consumers : The ECA is a free service, a fast procedure and a way for companies to improve their image and their customer relationship

3 What is the ECA ?

4 Mettre entête site ECA a tripartite body The ECA is a tripartite body dealing with consumers’ and direct sellers’complaints as a last resort after exhausting all remedies. It includes a representative of the direct selling industry ( a member of the Ethics committee of Seldia) a member of the consumer protection association and an independent lawyer. The ECA is impartial, neutral and independent The ECA is impartial, neutral and independent

5 The ECA’s composition

6 The Chairman Jules Stuyck A Professor emeritus in european law The consumer’s representative Haikem Amel jurist in the french consumer’s association (Leo Lagrange defence of consumers) The direct sellers representative Philipe Dailey Paul Southworth Anders Berglund One member of Seldia’s Ethics Committee

7 The ECA’s mission

8 To Settle a dispute -When : -When : during the conclusion or the performance of a contract -Who : -Who : a consumer and a direct selling company (whether it is a member or not of Seldia).

9 How to file a complaint ? (in any language)

10  You can complete and submit the online form on the ECA’s website: http://fairselling.euhttp://fairselling.eu  Or you can download the form and return it by post: Seldia – European Code Administrator Avenue de Tervuren 14 B- 1040 Brussels BELGIUM

11 To file a complaint, the consumer has to respect the 3 steps of the following procedure: 1 / Try to resolve the dispute directly with the seller, 2/ the consumer can file a complaint with the local DSA which has 90 days to find a solution, 3/ if the step 2 is not possible, the consumer can file the complaint with the ECA.

12 Rules of procedure 1) Establish ECA ‘s competence, 2) Consultation: the ECA contacts the company concerned, 3) Decision: the ECA informs the consumer within 90 days, outlining its assessment of his complaint and deciding the proper remedy.

13 the ECA’s opinion to reach a mutually acceptable agreement to both parties or offer them a solution in the form of an opinion. The ECA’s opinion has no binding force. The ECA will have 90 days to give an opinion. If both parties agree : they will follow the opinion of the ECA in due time If the consumer or the company does not agree with the ECA’s opinion, both of them still have the option of a legal procedure.

14 Promotion of the ECA

15 PROMOTIONAL DOCUMENTS AudienceBrochureLetterAnnuel ReportHTML TeaserOthers Public administrati ons XXX ECC-net XXX Direct Sellers X DSO members XX X DSO non- members XXXX DSA X X ConsumerX Media XX X Others X X

16 CALENDAR CALENDAR DateEvent 22 May 2014Approval brochure by ECA 28 May 2014Presentation of the material to the Board June 2014 Finish website by webmaster July/Auguest 2014Finish website + material distribution to ECA September 2014 Approval of the website and Promotional material by the Board 2 October 2014Presentation of the ECA - Direct Selling Conference (Brussels) October 2014 Distribution of the documents to DSAs, DSO members and DSO non-members November 2014 Distribution of the documents to public administrations, ECC- net and Consumer Associations December 2014 Distribution of the brochure to consumers Spring 2015 Translation into several EU languages Autum 2015Cooperate with WFDSA on promotion

17 Our expectations

18 - Promote the ECA to your companies and to your distributors, - Make reference to the ECA on order forms, - Integrate the address of ECA’s website into companies communications with links.

19 THANK YOU


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