Online store Terms and conditions
1. GENERAL PROVISIONS
- Store www.kacperstengert.pl operates on the principles set out in these Terms and conditions.
- Terms and conditions specify the conditions for the conclusion and termination of Product Sales Agreements and the complaint procedure, as well as the types and scope of services provided electronically by the Store www.kacperstengert.pl, the rules for the provision of these services, the conditions for the conclusion and termination of agreements for the provision of services by electronic means.
- Each User is obliged to comply with the provisions of these Terms and conditions as soon as he starts using Electronic Services of the www.kacperstengert.pl store.
- In matters not covered by these Terms and conditions, the provisions shall apply:
- Consumer Rights Act of May 30, 2014,
- Act on provision of services by electronic means of 18 July 2002,
- Act on Patient Rights and Patient Ombudsman of 6 November 2008,
- Act on medical activity dated April 15, 2011,
- Act of October 9, 2015, amending the Health Care Information System Act and certain other acts,
- Act of 5 December 1996 on the professions of physician and dentist,
- Act on extrajudicial resolution of consumer disputes of September 23, 2016,
- Civil Code Act of 23 April 1964 and other applicable provisions of Polish law.
2. DEFINITIONS CONTAINED IN THE TERMS AND CONDITIONS
- CONTACT FORM – a form available on the website www.kacperstengert.pl allowing to send a message to the Service Provider.
- REGISTRATION FORM – a form available on the website www.kacperstengert.pl allowing to create an Account.
- REQUISITION FORM – a form available on the website www.kacperstengert.pl allowing to place an Order.
- CUSTOMER, PATIENT – Customer who intends to conclude or has concluded a Sales Agreement with the Seller.
- CONSUMER – a natural person who makes a legal transaction with an entrepreneur which is not directly related to his/her business or professional activity.
- ACCOUNT – a set of resources in the Service Provider’s ICT system, marked with an individual name (login) and password, in which the Customer’s data are stored, including information about placed Orders.
- ONLINE CONSULTATIONS – services rendered by the Specialist to the Patients within the meaning of Art. 42 (1) of the Physician and Dentist Professions Act, i.e. consisting in the examination of the Patient via Means of Remote Communication, as well as services related to health promotion or coaching/mentoring, consisting in the promotion of healthy lifestyles and environmental and individual factors conducive to good health, as well as health education and training, allowing the Patients to increase their control over factors determining their physical or mental health and thus improve it.
- MEANS OF DISTANCE COMMUNICATION – a computer or data communication device with software, used to communicate individually at a distance and to provide Online Consultations, and as part of them, health services, using data transmission between computer and data communication systems.
- SPECIALIST – The Service Provider or a person employed by the Service Provider, having medical or psychological education or allowing to provide coaching/mentoring services, having a license to practice as a doctor, psychologist, psychotherapist, or having a license allowing to provide mentoring or coaching services, respectively, providing Patients with Online Consultations via Means of Distance Communication, according to the profession, qualifications and specialization held.
- PRODUCT – movable item, service (e.g. Online Consultation, course) or Digital Content available in the Store, being the subject of a Sales Agreement between the Customer and the Seller.
- NEWSLETTER – Electronic Service that allows the Customer to subscribe to and receive at the e-mail address provided by the Customer free information from the Service Provider concerning the Store and the Products available there.
- TERMS AND CONDITIONS – these Terms and Conditions of the Store.
- STORE – Service Provider’s online store operating at www.kacperstengert.pl
- SELLER, SERVICE PROVIDER – Kacper Stengert conducting business activity under the name KACPER STENGERT ENTERPRISES entered in the Central Business Register and Information on Business Activity Rzeczypospolitej Polskiej maintained by the minister responsible for economy, the place of conducting business activity and the address for service: ul. Prymasa Augusta Hlonda 2/121, 02-972 Warsaw, NIP: 9512497416, REGON: 385442930, email address (e-mail): firstname.lastname@example.org
- FEEDBACK SYSTEM – Electronic Service made available to Clients by the Service Provider, enabling posting of opinions by the Clients.
- SALES CONTRACT – Product Sales Agreement concluded between the Client and Seller through the Store.
- DIGITAL CONTENTS – data provided by the Seller in digital form, access to which is achieved by downloading to the Customer’s device.
- E-SERVICE – service provided electronically by the Service Provider to the Customer through the Store.
- USER – a natural person, a legal person or an organizational unit without legal personality, which is granted legal capacity by the act, using an Electronic Service.
- ORDER – Customer’s declaration of will constituting an offer to conclude a Product Sales Agreement with the Seller.
3. PRODUCT AND ORDERING INFORMATION
- Store www.kacperstengert.pl sells Products via the Internet.
- Products offered in the Store are new, free from physical and legal defects and have been legally introduced into the Polish market.
- The information on the Store’s website does not constitute an offer within the meaning of the law. By placing an Order, the Customer makes an offer to buy a specific Product on the conditions specified in its description.
- The price of the Product shown on the Store’s website is given in Polish zloty (PLN) and includes all the components, including VAT. In the case of Products that are movable items, the price does not include delivery costs.
- The Product price displayed on the Store website is binding at the time of placing the Order by the Customer. This price will not change regardless of price changes in the Store, which may occur in relation to individual Products after the Customer places the Order.
- Orders can be placed:
- via the website using the Order Form (Shop www.kacperstengert.pl) – 24 hours a day, all year round,
- via email to: email@example.com,
- by phone at + 48 516 179 268.
- In order to place an Order, the Customer is required to register an Account in the Store.
- The condition of placing an Order in the Store by the Customer is reading the Regulations and accepting their provisions when placing the Order.
- If Service Provider is forced, before the start of the service constituting the Product (Online Consultation, course, workshop), for reasons beyond its control, to change the material terms of the Agreement with the Client, it shall immediately notify the Client.
- In the situation referred to in point 9 of this paragraph, the Customer is obliged to immediately inform the Seller whether
- accept the proposed amendment to the Agreement, or
- withdraw from the Sales Agreement with immediate return of all payments made by the Customer and without the obligation to pay any contractual penalty.
- If the Customer withdraws from the Sales Agreement in accordance with point 10 of this paragraph or if the Seller cancels the performance of services being the subject of the Sales Agreement for reasons beyond the control of the Customer, the Customer shall have the right, at his or her own discretion:
- receive a substitute service of the same or higher standard, unless they agree to a substitute service of a lower standard for a refund of the difference in price,
- demand immediate return of all benefits contributed by him.
- The Seller shall be liable for non-performance or improper performance of the service constituting the Product, unless the non-performance or improper performance is solely due to:
- Customer’s act or omission,
- action or omission of third parties not participating in the performance of services provided for in the Sales Agreement, if such action or omission could not have been foreseen or avoided,
- force majeure (an accidental or natural event, i.e. natural, unavoidable, such over which the Seller has no control, in particular events of a catastrophic nature and extraordinary events in the form of disturbances of collective life, such as war, domestic riots, epidemics).
4. CONCLUSION OF THE SALES CONTRACT
- In order to conclude a Sales Agreement, it is necessary for the Customer to place an Order using the methods made available by the Seller, in accordance with § 3 item 6 and 8 of the Terms and Conditions.
- After placing an Order, the Seller immediately confirms its receipt.
- Confirmation of acceptance of the Order, referred to in point 2 of this paragraph binds the Customer to his Order. Confirmation of receipt of the Order takes place by sending an e-mail.
- Confirmation of receipt of the Order includes:
- confirmation of all material elements of the Order,
- withdrawal form,
- these Terms and Conditions including instructions on the right to withdraw from the contract.
- Upon receipt by the Customer of the e-mail message, referred to in point 4 of this paragraph, a Sales Agreement between the Customer and the Seller is concluded.
- Each Sales Agreement will be confirmed by a proof of purchase (VAT invoice), which will be attached to the Product and/or sent by email to the Customer’s email address given in the Order Form.
5. METHODS OF PAYMENT
- The Seller provides the following payment methods:
- payment by traditional bank transfer to the Seller’s bank account,
- payment through an electronic payment system (TPay.pl).
- In case of payment by traditional bank transfer, the payment should be made to the bank account number: 06 1140 2004 0000 3002 7978 9480 (mBank S.A.) KACPER STENGERT ENTERPRISES, ul. Prymasa Augusta Hlonda 2/121, 02-962 Warsaw, NIP: 9512497416. W In the transfer title please write “Order no. …”.
- In the case of payment through an electronic payment system, the Customer pays before the Order is processed. Electronic payment system makes it possible to pay by credit card or fast transfer from selected Polish banks.
- The Customer is obliged to pay the price for the Sales Agreement within 3 business days from the day of its conclusion, unless the Sales Agreement provides otherwise.
- The product will be shipped and the service performed only after it has been paid for.
6. CONSULTATIONS AND COURSES
- Delivery of workshops, courses and Online Consultations is possible only after payment of a fee by one of the methods indicated in § 5.
- The Doctor or Specialist makes a judgement about a person’s medical condition or other problem they are facing, after examining them in person or examining them through ICT or communication systems. The Online Consultation provided by him/her is both an alternative to a face-to-face visit to a Physician or Specialist and allows for diagnosis, treatment or other health-related actions.
- As part of the Online Consultation, Specialists, as appropriate to their profession, credentials and specialization, are authorized to:
- To provide a therapeutic or health care service to a Patient involving the diagnosis of a disease/disorder, making a diagnosis, and making a judgment about the Patient’s medical condition,
- Answering the Patient’s questions and providing the Patient with knowledge about the body and its development, prevention and basic principles of disease prevention, hygiene and health care, as well as necessary for self-care and self-control of health, especially mental health,
- inform the Patient of the possibility of using medications or equivalents that may be purchased without a prescription and educate the Patient about possible adverse reactions to medications and other agents,
- issue prescriptions necessary for the continuation of treatment, if justified by the Patient’s condition reflected in the medical records,
- counseling, providing opinions, or other assistance regarding health, especially mental health,
- Inform Patients of the need for personal examination by a physician or other specialist, the need for assistance from a specialist at that health care provider, or the need for laboratory tests,
- Provide mentoring or coaching services to Patients.
- Workshops, courses and Online Consultations take place via Skype or any other online communicator of your choice (Zoom, Google Meet, Microsoft Teams).
- Client also has the opportunity to take advantage of the consultation or course (workshop) in the traditional form (stationary) in the chosen office of the Service Provider. Before appearing at the Service Provider’s facility, the Client is required to make an appointment through the Contact Form or by phone.
7. COST, TIME AND METHODS OF PRODUCT DELIVERY
- The costs of delivery of the Product being a movable item, which are covered by the Customer, are determined during the process of placing the Order and are dependent on the choice of payment method and the method of delivery of the purchased Product.
- The delivery time for a Product that is a movable item consists of the time it takes for the Product to be completed and the time it takes for the carrier to deliver the Product:
- Time for completion of Products is 1 working day from the moment:
- posting of the funds paid on account of the Sales Agreement on the Seller’s account or
- positive authorization of the transaction by the electronic payment system.
- The delivery of the Products being movable items by the carrier shall take place within the period declared by the carrier i.e. up to 2 working days from the moment of sending the parcel (the delivery shall take place only on working days excluding Saturdays, Sundays and holidays).
- Products purchased in the Store are shipped through a courier company.
- Digital Content not stored on a durable medium is sent to the email address specified by Customer in the Order Form.
8. PRODUCT COMPLAINT
- Warranty Claim.
- The basis and scope of the Seller’s liability to the Customer who is a Consumer or an entity referred to in §11 of the Regulations under warranty covering physical and legal defects are set out in the Civil Code Act of 23 April 1964.
- Notification of defects concerning the Product and the corresponding request can be made by e-mail to the following address:firstname.lastname@example.org Or in writing to: Prymasa Augusta Hlonda 2/121, 02-972 Warsaw,
- In the above message in written or electronic form, please provide as much information and circumstances relating to the subject of the complaint as possible, in particular the type and date of occurrence of irregularities and contact details. The information provided will greatly facilitate and expedite consideration of the complaint by the Seller.
- To evaluate physical defects of a Product that is a movable item, it must be delivered to the address: Prymasa Augusta Hlonda 2/121, 02-972 Warsaw,
- The Seller shall respond to the Customer’s request immediately, no later than within 14 days from the date of filing a complaint.
- In the case of a complaint from a Customer who is a Consumer or an entity referred to in § 11 of the Terms and Conditions – failure to consider the complaint within 14 days of its submission is tantamount to accepting it. In connection with a justified complaint from a Customer who is a Consumer or an entity referred to in § 11 of the Terms and Conditions, the Seller covers the costs of collection, delivery and replacement of the Product with a defect-free one.
- The answer to the complaint shall be provided on paper or on another durable medium, e.g. by e-mail or SMS.
9. RIGHT OF WITHDRAWAL
- Subject to point 10 of this paragraph, the Customer who is also a Consumer or an entity referred to in § 11 of the Regulations, who has concluded a remote agreement may withdraw from it without giving reasons, making a statement to that effect within 14 days. In order to meet this deadline it is enough to send a statement of withdrawal.
- In the case of withdrawal from the contract, the Sales Agreement is considered unconcluded, and the Consumer or the entity referred to in § 11 of the Terms and Conditions are obliged to return the Product to the Seller or submit it to a person authorized by the Seller to collect it immediately, but no later than 14 days from the date of withdrawal from the contract, unless the Seller offered to collect the Product himself. To keep the deadline it is enough to send back the Product before its expiry.
- In case of withdrawal from the Sales Agreement, the Product should be returned to the address: Prymasa Augusta Hlonda 2/121, 02-972 Warsaw.
- The Consumer or the entity referred to in § 11 of the Terms and Conditions shall be liable for any decrease in the value of the Product resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics and functioning of the Product. In order to ascertain the nature, characteristics and functioning of the Products, the Consumer or the entity referred to in § 11 of the Terms and Conditions should only handle and inspect the Products in the same manner as they would do in a stationary store.
- Subject to point 6 and 8 of this paragraph, the Seller shall refund the value of the Product together with the costs of delivery using the same method of payment as the Consumer, unless the Consumer or the entity referred to in § 11 of these Terms and Conditions, have expressly agreed to a different method of reimbursement, which does not involve any costs for them. Subject to point 7 of this paragraph, the return shall be made immediately, and at the latest within 14 days from receipt by the Seller of a notice of withdrawal from the Sales Agreement.
- If the Consumer or entity, referred to in § 11 of the Terms and Conditions, have chosen a method of delivery of the Product other than the cheapest standard delivery method offered by the Shop, the Seller is not obliged to reimburse them the additional costs they have incurred.
- If the Seller has not offered to collect the Product from the Consumer or the entity referred to in § 11 of the Terms and Conditions, may withhold the reimbursement of payments received from the Consumer until receipt of the item back or delivery by the Consumer or the entity referred to in § 11 of the Terms and Conditions of proof of its return, depending on which event occurs first.
- A Consumer or an entity, referred to in § 11 of the Terms and Conditions, withdrawing from a Sales Agreement, in accordance with point 1 of this paragraph, shall only bear the costs of sending the Product back to the Seller.
- Fourteen-day period in which the Consumer or the entity referred to in § 11 of the Regulations, may withdraw from the contract, is counted from the day on which the Consumer or the entity referred to in § 11 of the Regulations, took possession of the Product, and in the case of services from the date of conclusion of the contract.
- The right of withdrawal from an agreement concluded at a distance does not apply to the Consumer or the entity referred to in § 11 of the Terms and Conditions, in the case of a Sales Agreement:
- in which the object of the service is a non-refabricated thing produced according to consumer specifications or serving to meet his individual needs,
- in which the subject matter of the performance are things which after delivery, due to their nature, are inseparable from other things,
- in which the subject matter of the provision is a service, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the provision, that after the fulfillment of performance by the Seller will lose the right to withdraw from the contract,
- in which the subject of the provision are sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery,
- for the supply of digital content which is not recorded on a tangible medium if the performance has begun with the consumer’s express consent before the end of the period for withdrawal and after the trader has informed him about the loss of the right of withdrawal.
- Both the Seller and the Client have the right to withdraw from the Sales Agreement in case of non-performance by the other contracting party of its obligations within a strictly defined period of time.
10. PROVISIONS CONCERNING ENTREPRENEURS (B2B)
- This section contains provisions that apply only to entrepreneurs not covered by the protection of the Consumer Rights Act referred to in § 11 of the Terms and Conditions.
- The Seller has the right to withdraw from a Sales Agreement concluded with a Customer who is not a Consumer within 14 working days from the date of its conclusion. In this case the withdrawal from the Sales Agreement may be made without giving any reason and does not give rise to any claims against the Seller by the Customer who is not a Consumer.
- The Seller has the right to limit, in relation to non-consumer clients, the payment methods made available by him, including requiring prepayment of part or all of the sales price, regardless of the method of payment chosen by the client and the fact of concluding a Sales Agreement.
- Benefits and burdens associated with the Product being a movable thing and the danger of accidental loss or damage to the Product pass to the Client who is not a Consumer at the time of the release of the Product by the Seller to the carrier. In such a case, the Seller shall not be liable for loss, diminution or damage to the Product arising from the moment of acceptance of the Product for transport until its release to the Client, as well as for delay in transportation of the consignment.
- If the Product is sent to the Customer by a carrier, the Customer who is not a Consumer is obliged to examine the shipment at the time and in the manner usual for shipments of this type. If he finds that during transport there was a loss or damage to the Product, he is obliged to make all necessary arrangements to determine the liability of the carrier.
- Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without giving reasons by sending a termination notice to the Client who is not a Consumer.
11. PROVISIONS CONCERNING TRADERS ON THE RIGHTS OF CONSUMERS
- An entrepreneur conducting a sole proprietorship (this paragraph does not apply to commercial companies) is covered by the protection provided by the Consumer Rights Act, provided that the Sales Agreement that he concludes with the Seller is not of a professional nature.
- A business person referred to in paragraph 1 of this section is covered only to the extent:
- prohibited contractual terms — so-called abusive clauses,
- liability under warranty for physical and legal defects of the Product, pursuant to § 8 of the Terms and Conditions,
- The right to withdraw from the agreement concluded remotely, in accordance with § 9 of the Regulations.
- The entrepreneur referred to in point 1 of this paragraph loses his rights under consumer protection in the event that the Sales Agreement he has concluded with the Seller has a professional character, which is verified on the basis of the entry of that entrepreneur in the Central Business Register and Information on Business Activities of the Republic of Poland, in particular the Polish Classification of Business Activities indicated there.
- Entrepreneurs referred to in point 1 of this paragraph are not covered by institutional protection provided for consumers by district consumer ombudsmen, as well as the President of UOKiK.
12. TYPE AND SCOPE OF ELECTRONIC SERVICES
- Service Provider enables via the Store the use of Electronic Services such as:
- concluding Product Sales Agreements,
- maintaining an Account in the Store,
- Feedback System,
- sending a message through the Contact Form.
- Provision of Electronic Services to Customers in the Store takes place under the conditions specified in the Regulations.
- Service Provider has the right to place advertising content on the Store’s website. These contents constitute an integral part of the Shop and the materials presented therein.
13. TERMS AND CONDITIONS OF PROVIDING AND CONCLUDING CONTRACTS FOR ELECTRONIC SERVICES
- Provision of Electronic Services specified in § 12.1 of the Regulations by the Service Provider is free of charge.
- The period for which the contract is concluded:
- contract for the provision of Electronic Services consisting of enabling the Customer to place an Order in the Store is concluded for a definite period and terminates at the time of placement of the Order or at the end of its placement by the Customer,
- agreement for the provision of Electronic Services consisting of maintaining an Account in the Store is concluded for an indefinite period of time. The contract is concluded when the Customer sends the completed Registration Form,
- The contract for the provision of an Electronic Service consisting of the use of the Rating System shall be entered into for a fixed term and shall terminate upon the posting of an opinion or cessation of use of that Service by the Customer,
- Agreement on provision of Electronic Service consisting in using the Newsletter is concluded for an indefinite period of time,
- The contract for the provision of Electronic Services consisting of enabling the Service Recipient to send a message to the Service Provider using the Contact Form is concluded for a definite period of time and terminates upon sending the message or upon its discontinuation by the Service Recipient.
- Technical requirements necessary for cooperation with the tele-information system used by the Service Provider:
- A computer (or mobile device) with internet access,
- email access,
- web browser,
- The Customer is obliged to use the Store in a manner consistent with the law and morality, with due regard for personal rights and intellectual property rights of third parties.
- The Customer is obliged to enter data in accordance with the facts.
- The Customer is prohibited from providing unlawful content.
14. COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES
- Complaints relating to the provision of Electronic Services through the Store Service Recipient may submit via e-mail to the address: email@example.com
- In the above-mentioned e-mail message, please provide as much information and circumstances concerning the subject of the complaint as possible, in particular the type and date of occurrence of the irregularity and contact details. The information provided will greatly facilitate and expedite consideration of the complaint by the Service Provider.
- The Service Provider shall investigate the complaint immediately, no later than within 14 days from the date of notification.
- The Service Provider’s response to a complaint is sent to the Client’s email address as provided in the complaint form or in any other way specified by the Client.
15. TERMS OF TERMINATION OF ELECTRONIC SERVICE AGREEMENTS
- Termination of an agreement for the provision of an Electronic Service:
- The agreement for provision of Electronic Services of continuous and unlimited character (maintaining an Account, Newsletter) may be terminated.
- The Customer may terminate the contract with immediate effect and without giving reasons by sending an appropriate statement via e-mail to the following address: firstname.lastname@example.org
- The Service Provider may terminate a contract for the provision of Electronic Services of continuous and unlimited duration in the event that the Client violates the Terms and Conditions, in particular when he provides illegal content, after an ineffective prior request to cease the violations by setting an appropriate period of time. The Agreement in such a case expires after 7 days from the date of submission of a declaration of intent to terminate it (period of notice).
- Termination results in the termination of the legal relationship with effect for the future.
- The Service Provider and the Customer may terminate the contract for the provision of Electronic Services at any time by mutual agreement.
16. INTELLECTUAL PROPERTY
- All content posted on the website at www.kacperstengert.pl is protected by copyright and (subject to § 16.3) is the property of Kacper Stengert conducting business under the name KACPER STENGERT ENTERPRISES, place of business and address for service: ul. Prymasa Augusta Hlonda 2/121, 02-972 Warsaw, NIP: 9512497416, REGON: 385442930. The Client is fully liable for any damage caused to the Service Provider resulting from the use of any content of www.kacperstengert.pl website, without the consent of the Service Provider.
- Any use by anyone, without the express written consent of the Service Provider, of any of the elements comprising the content of www.kacperstengert.pl constitutes an infringement of copyright vested in the Service Provider and results in civil and criminal liability.
- All trade names, Product names, company names and their logos used on the Store website at www.kacperstengert.pl belong to their respective owners and are used for identification purposes only. They may be registered trademarks. All materials, descriptions and photos presented on the website of the Store at www.kacperstengert.pl are used for information purposes.
17. FINAL PROVISIONS
- Contracts concluded through the Store are concluded in accordance with Polish law.
- If any part of these Terms and Conditions is inconsistent with applicable law, the relevant provisions of Polish law shall apply instead of the challenged provision.
- Any disputes arising from Sales Agreements between the Shop and Consumers will be resolved in the first place by negotiation, with the intention of an amicable settlement of the dispute, taking into account the Act on out-of-court settlement of consumer disputes. However, if this would not be possible, or would be unsatisfactory to either party, disputes will be resolved by the competent court of common jurisdiction, in accordance with paragraph 4 of this section.
- Judicial resolution of disputes:
- Any disputes arising between the Service Provider and the Customer (Client) who is also a Consumer or an entity referred to in §11 of the Terms and Conditions shall be submitted to the competent courts in accordance with the provisions of the Civil Procedure Code of 17 November 1964,
- Any disputes arising between the service provider and the client (customer), who is not a consumer as referred to in §10 of the Terms and Conditions, shall be submitted to the competent court for the seat of the service provider.
- A Customer who is a Consumer also has the right to use out-of-court dispute resolution methods, in particular by submitting, after the complaint procedure, a request for mediation or a request for the case to be examined by an arbitration court (the application can be downloaded from the website http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at Voivodship Inspectorates of Trade Inspection is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596. A consumer may also use the free assistance of a county (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection. The out-of-court settlement of claims after the complaint procedure is free of charge.
- In order to resolve the dispute amicably, the consumer may, in particular, submit a complaint via the ODR (Online Dispute Resolution) platform available at: http://ec.europa.eu/consumers/odr/.