Dispute resolution

As a general rule, the terms and conditions of sale must comply with the rules and laws of the country in which the seller/e-commerce operator operates. If you enter into a distance-selling agreement with an e-commerce operator, you agree that any disputes will be settled in the country where the e-commerce business operates, i.e. the seller's country.

The Court of Justice of the European Union has ruled that disputes between consumers and e-commerce businesses in the EU must be settled in the consumer's home country if the business has actively targeted consumers in that country. This may be the case, for example, if its website is wholly or partly in the local language, it accepts payment in the local currency and offers customer service in the consumer's country. The terms and conditions of sale must then comply with the national rules that apply in the consumer's country of residence. The fact that the online shop is merely accessible in the consumer's country of residence is not sufficient for the dispute to be settled there. In that case, the dispute will be settled in the country where the e-commerce business is established.

We recommend that all e-commerce businesses clearly explain in their terms and conditions how disputes will be resolved. It is best to avoid legal action by first trying to resolve the issue directly with the consumer, thereby avoiding lengthy and costly court proceedings.

The European Online Dispute Resolution (ODR) platform will be discontinued on 20 July 2025. The deadline for submitting new complaints is 20 March 2025. After this date, the platform will remain available for processing existing complaints until 19 July 2025. Online retailers must remove references to the ODR platform from their websites by 20 July 2025.

If you are a buyer and experience a problem that you cannot resolve directly with the trader, the portal can help. You can submit a complaint about any online purchase – from hotel stays and concerts to clothing, toys or electronic products. Traders can also use the portal if they experience problems with a consumer, such as non-payment. The portal is free to use, but some dispute resolution bodies may charge a nominal fee to process your complaint. These bodies must meet strict requirements for following up and handling complaints. For example, they must normally resolve a case within 90 days.

If a dispute arises between businesses (B2B), the parties can agree in advance which country's law will apply. The most common practice is to apply the law of the seller's country.