Resolution of consumer disputes

Out-of-court resolution of consumer disputes

The procedure for the out‑of‑court resolution of consumer disputes is usually an inexpensive, easy and fast way of resolving a dispute that benefits both the consumer and the trader, since it involves no judicial proceedings or additional costs.

Consumer

The consumer can only initiate a dispute resolution procedure with the out‑of‑court dispute resolution body after a previously failed attempt to resolve the dispute directly with the trader, provided that the consumer resides and the trader is established in the European Union, Norway, Iceland or Liechtenstein.

The consumer can initiate the out‑of‑court dispute resolution procedure:

• directly with the out‑of‑court dispute resolution body that they can select from the list of out‑of‑court dispute resolution bodies (the rules on initiating the procedure are stated on the websites of each out‑of‑court dispute resolution body); or
• through the Online Dispute Resolution platform (only in consumer disputes arising from online sales or online services).

If the consumer addresses a complaint to the trader and the trader rejects the complaint within its internal complaint procedures, the trader must respond to the complaint and at the same time provide information about the out‑of‑court dispute resolution body with which the consumer can proceed with the dispute resolution.

Throughout the procedure, the consumer does not need a proxy. If they wish to have one, they may, provided they cover the costs themselves. The consumer also covers the costs of an expert opinion, but only if they request an expert despite the out‑of‑court dispute resolution body's assessment that the dispute can be resolved without one.

The procedure for the out-of-court resolution of consumer disputes is provided to the consumer free of charge, with the exception of the fee that may be determined by the out-of-court dispute resolution body and must not exceed EUR 20. The fee is refunded to the consumer if the trader does not agree with the consumer's initiation of the procedure or withdraws their agreement, following which the out-of-court dispute resolution body stops the procedure.

Trader

On their website and in their general term and conditions, the trader must reveal which out‑of‑court dispute resolution body, entered in the Register of out-of-court dispute resolution bodies they recognise as competent for solving their consumer disputes. If the trader does not have a website or general terms and conditions, they must state their recognised body in another appropriate manner.

If the trader receives a complaint from the consumer and rejects the complaint within its internal complaint procedures, it must respond to the complaint and at the same time provide information about the out‑of‑court dispute resolution body with which the consumer can proceed with the dispute resolution.

In accordance with the law, the participation of the trader in the procedure for the out‑of‑court resolution of consumer disputes is usually voluntary; however, in some fields, a separate act or an EU regulation provide that the trader's participation is mandatory. These fields are financial services and the energy industry (electricity and gas).

The procedure for the out‑of‑court resolution of consumer disputes is provided to the consumer free of charge, with the exception of the fee that may be determined by the out‑of‑court dispute resolution body and must not exceed EUR 20. The fee is refunded to the consumer if the trader does not agree with the consumer's initiation of the procedure or withdraws their agreement, following which the out-of-court dispute resolution body stops the procedure.

Out-of-court dispute resolution body

The out‑of‑court dispute resolution body is a neutral third party that helps resolve disputes between consumers and traders in a non-confrontational way.

Each body entered into the Register of out‑of‑court dispute resolution bodies and included on the list of out‑of‑court dispute resolution bodies at the Ministry of Economic Development and Technology must adopt their own detailed rules of procedure and publish them on their website.

The person conducting or participating in the out‑of‑court resolution of consumer disputes on behalf of the out‑of‑court dispute resolution body must possess the necessary expertise, be independent and impartial and must act in accordance with the Slovenian Constitution, binding treaties, laws and regulations. When ruling on a domestic consumer dispute, the out‑of‑court dispute resolution body ensures that the consumer is not deprived of protection provided by key provisions of the consumer protection regulations.

The out‑of‑court dispute resolution body will not resolve the dispute if the case is already pending in administrative or judicial proceedings or with another out‑of‑court dispute resolution body.