Terms of Supply of Products, Digital Content and Services

1. THESE TERMS

1.1 What these terms cover. These are the terms and conditions on which we supply products, digital content or services, or any combination of them, to you.

1.2  Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products or services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 Who we are. We are Make It Better (Mitber) CIC, a Community Interest Company with registered address at 42 Penbothidno, Constantine, Cornwall TR11 5AT.

2.2 How to contact us. You can contact us by telephoning our customer service team at 07800 58631] or by writing to us at contact@mitber.com.

2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

3. OUR CONTRACT WITH YOU

3.1 How we will accept your order. Our acceptance of your order will take place when we send you an email acceptance, at which point a contract will come into existence between you and us.

3.2 If we cannot accept your order. Please note that we may refuse to accept any order and we are not obliged to supply any products, digital content or services to you unless and until we issue an email acceptance to you. If we are unable to accept your order, we will inform you of this and will not charge you for the product, digital content or service. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product, digital content or service or because we are unable to meet a delivery deadline you have specified.

3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

3.4 We only deliver products in the UK. Unfortunately, we do not accept orders for the delivery of products from addresses outside the UK. For the avoidance of doubt, if you are a Sapphire or Emerald member, you may download our digital content worldwide.

4. OUR RIGHTS TO MAKE CHANGES

4.1 We may revise these terms. We may revise these terms from time to time to reflect the following circumstances:

(a) changes in relevant laws and regulatory requirements or official or industry guidance; or

(b) changes in our processes or procedures or ways of doing business.

4.2 Revised versions of these terms. The version of these terms which will apply to your order are those that are published on our website mitber.com at the time you submit your order. If we have to revise them under clause 4.1 before the contract comes into force or before we deliver the products, digital content or services to you, we will let you know when issuing the email acceptance or, if it has already been issued, as soon as possible. In those circumstances you may also opt to cancel the contract in accordance with clause 12.7(a).

4.3 You may request changes to your order. We will do what we reasonably can to accommodate requests to change or amend your order after the contract has been made. You may request a change to your order at any time before we dispatch the products, make the digital content available to you, or provide the services, by contacting us as set out in clause 2.2. If we are able to accommodate your request, we will notify you in writing if there is any change in the price or any other changes to the contract and we will issue an amended email acceptance. If you decide not to proceed with the amended order you may cancel the order within 14 calendar days under clause 12.

4.4 Additional rights to cancel are set out in detail in clause 12. Please note that there are certain circumstances in which they do not apply and these are also set out in clause 12.

5.  OUR PRODUCTS

5.1 Variations in the products. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that an electronic device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

5.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website. Wherever possible, we try to use recycled packaging for our products.

5.3 Restrictions. Where relevant we will inform you in writing (through the email acceptance) of any limitations and restrictions on the use of the products. This may include copyright restrictions or licence terms imposed by us or a third party or restrictions on the purposes for which the products are intended. Note that we do not guarantee that you will have any right to use, or that we have the right to sell, the products free of those limitations or restrictions or for any other purpose. This is the case even if you inform us that you wish or intend to use the products for a specific purpose. If you are uncertain of the permitted use of any products, please contact us as set out in clause 2.2.

5.4 Ownership of intellectual property in products. If we design or produce a product for you then, unless we agree or inform you otherwise as confirmed by our email acceptance, we will own the copyright, design right and all other intellectual property rights in the product and any drafts, drawings or illustrations we make in connection with the product.

5.5 Consumer rights. If you are consumer, you have legal rights in relation to products that are faulty or not as described and we are under a legal duty to supply products that are in conformity with the contract. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in the contract will reduce or remove your legal rights.

5.6 Guarantee. We guarantee that on delivery and for a reasonable period thereafter, the products will be free from material defects and fit for any advertised purpose. This guarantee does not apply in the circumstances described in clause 5.7.

5.7 Exceptions to guarantee. The guarantee in clause 5.6 does not apply where products are advertised for sale with a specific warranty period (in which case that period will be deemed to be reasonable for the purposes of this clause 5.6) or in the case of any defect in the products:

(a) in the case of products which are copies of originals, arising from errors or omissions already present in the original;

(b) arising from normal wear and tear;

(c) arising from abnormal use or from use for a purpose other than as advertised;

(d) if you fail to use the products by any notified end date;

(e) caused by wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;

(f) if you fail to operate or use the products in accordance with any user instructions;

(g) arising from any alteration or repair by you or by a third party unless authorised by us; or

(h) arising where we have followed any specification provided by you.

5.8 Exercising your rights. If you would like to exercise your rights referred to in clause 5.5 or set out in clause 5.6, please let us know immediately by contacting us as set out in clause 2.2.

5.9 Remedies. If we receive your notification under clause 5.8:

(a) within 30 calendar days of delivery of the products to you, you may either opt to return the products to us and we will refund the price of the products and the cost of delivery and return to you or you may proceed as set out in paragraph (b) below; or

(b) more than 30 calendar days after delivery of the products to you, we may either repair or replace the products at our option. If, following the repair or replacement, the products still fail to comply with the contract you may either reject them (in which case you must return them to us at our expense) or you may retain them and receive a partial refund.

6. DELIVERY OF PRODUCTS

6.1 Delivery costs. The costs of delivery will be included in the price displayed to you on our website.

6.2 When we will provide the products. Please note that timescales for delivery may vary depending on the availability of the products and your address. During the order process our email acceptance will include an estimated delivery date for each monthly box of products that you will receive in a year. Unless we inform you otherwise or clause 6.3 applies: (i) the delivery date for your first box of products will be no later than 30 days after the day on which we issued our email acceptance, and (ii) the delivery date for any of your other boxes of products will be no later than 30 days after the estimated delivery date for that box.

6.3 Exceptions to delivery within 30 days. We cannot guarantee to deliver your products within the 30 day period where:

(a) delivery is affected by an event outside our control, in which case clause 15 sets out our responsibilities; or

(b) we have notified you by email that delivery within 30 days may not be possible, in which case you may cancel the contract under clause 12.

6.4 You can cancel if we miss the delivery deadline. If we miss the 30 day delivery deadline for any products then, unless clause 6.3 applies, you may cancel the contract immediately.

6.5 New deadline. If you do not wish to cancel your order under clause 6.4, you can give us a new deadline for delivery, which must be reasonable, and you can cancel the contract if we do not meet the new deadline.

6.6 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

6.7 When you become responsible for the products. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us.

7. OUR DIGITAL CONTENT

7.1 Variations. Images of digital content on our website and in our catalogues and brochures are of the digital content as downloaded and scanned or printed and photographed by us. We cannot guarantee that your device will produce the same results nor that our images are totally accurate (for example, as to exact colours, as these may be distorted by photography or light conditions) and you may notice variations when you scan, print or photograph them yourself. If you wish to discuss any purchase of digital content with us please contact us as set out in clause 2.2.

7.2 Restrictions. Where relevant we will inform you in writing (through our email acceptance) of any limitations and restrictions on the use of the digital content. This may include copyright restrictions or licence terms imposed by us or a third party or restrictions on the purposes for which the digital content is intended. Note that you will not have any right to use the digital content free of those limitations or restrictions. This is the case even if you inform us that you wish or intend to use the digital content for a specific purpose. If you are uncertain of the permitted use of any digital content, please contact us as set out in clause 2.2.

7.3 Consumer rights. If you are consumer, you have legal rights in relation to digital content that is faulty, unfit for purpose or not as described and we are under a legal duty to supply digital content that is in conformity with the contract. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in the contract will reduce or remove your legal rights.

7.4 Guarantee. We guarantee that at the point of delivery under clause 8.2 and for a reasonable period thereafter, the digital content will be free from material defects and fit for any advertised purpose. This guarantee does not apply in the circumstances described in clause 7.5.

7.5 Exceptions to guarantee. The guarantee in clause 7.4 does not apply to any non-compliance in the digital content:

(a) in the case of digital content which is a copy of an original document, image or other artefact, arising from errors or omissions already present in the original;

(b) arising from any commercial use you make of it;

(c) arising from use for a purpose other than as advertised;

(d) caused by any virus or any other defect originating in your device;

(e) caused by any virus or defect introduced by any third party provider of digital services;

(f) if you fail to use the digital content in accordance with any user instructions; or

(g) arising from any attempt by you (successful or otherwise) to adapt, reverse engineer, decompile, disassemble, modify or make error corrections to or vary the digital content.

7.6 Exercising your rights. If you would like to exercise your rights referred to in clause 7.3 or set out in clause 7.4, please let us know immediately by contacting as set out in clause 2.2.

7.7 Remedies. If the digital content does not comply with your rights referred to in clause 7.3 or with our guarantee in clause 7.4, then, unless we elect to correct the noncompliance and do so within a reasonable time, we will refund the price of the digital content to you.

8. DELIVERY OF DIGITAL CONTENT

8.1 Device specifications. Delivery of digital content may be dependent both on the technical specification, functionality and quality of your electronic device and on any third party provider of services through which it is delivered (e.g., an internet services provider). Although we identify as far as reasonably possible any specific technical requirements for appropriate electronic devices or for delivery we cannot and do not take responsibility for any failure or incompatibility of your device or of any third party provider.

8.2 When you become responsible for digital content. Digital content is delivered to you and is at your risk either when it is received by your third party service provider or on your device, whichever is earlier.

9. OUR SERVICES

9.1 Consumer rights. If you are a consumer, you have legal rights in relation to services which are not carried out with reasonable skill and care, or if the materials we use are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in the contract will reduce or remove your legal rights.

9.2 Guarantee. We guarantee that we will provide the services with reasonable skill and care, using our experience and expertise and in accordance with any written or spoken statement we made which you can show you relied on in placing your order.

9.3 Exercising your rights. If you wish to exercise your rights under clause 9.1 or if we fail to comply with our guarantee under clause 9.2:

(a) you should contact us as set out in clause 2.2 and let us know as soon as reasonably possible; and

(b) you must give us a reasonable opportunity to re-perform the services to repair or fix any defect; and

(c) we will use every effort to repair or fix the defect within a reasonable time; and

(d) if we are unable to re-perform the services or cannot do so within a reasonable time, you will be entitled to a reasonable reduction in the price, up to and including a full refund.

10. DELIVERY OF SERVICES

10.1 When we will deliver the services. We will deliver the services to you from the date set out in the email acceptance or if no date is set out, within 30 calendar days of the issue of the email acceptance.

10.2 Delays outside our control. We will make every effort to complete the services on time. However, there may be delays due to an event outside our control. See clause 15 for our responsibilities when an event outside our control happens.

10.3 You must provide us with information. We may need certain information from you to enable us to provide the services. If you fail to provide us with this information, or you provide us with incomplete or incorrect information, we may do any of the following:

(a) make an additional charge of a reasonable sum to cover any extra work that is required, and/or

(b) suspend the services until you provide the requested information, and/or

(c) cancel the contract under clause 14, and we will not be liable for any delay where you have not provided this information to us after we have asked. If we suspend the services under this clause 10.3, you do not have to pay for the services while they are suspended, but this does not affect your obligation to pay any invoices for services we have already performed.

10.4 Non-payment of services. If you do not pay us for the services when you are supposed to as set out in clause 11.4(c), we may suspend the services with immediate effect until you have paid all outstanding amounts (except where you dispute an invoice under clause 11.6). We may also exercise our right to charge you interest under clause 11.5.

11. PRICE AND PAYMENT

11.1 Where to find the price. The price of the product, digital content or services will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product, digital content or services advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price. Our prices may change at any time, but price changes will not affect orders that you have already placed.

11.2 VAT. Our prices will be stated to be either inclusive or exclusive of VAT. They may also be subject to other local taxes and import or export taxes. Note that if the rate of any of these taxes changes between the date of the order and the date of delivery or performance, we will adjust the rate that you pay, unless you have already paid for the products, digital content or services in full before the change in rate takes effect.

11.3 What happens if we got the price wrong. It is always possible that, despite our efforts, some of the products, digital content or services we sell may be incorrectly priced. Where the correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price at your order date is higher than the price stated to you, we will contact you to let you know and to invite you to re-submit your order.

11.4 When and how you must pay. We accept payment with PayPal on our website, or by business cheques in person. When you must pay depends on what you are buying:

(a) For products, you must pay for the twelve (12) boxes of products per year in advance, at the beginning of each year and before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you;

(b) For digital content, you must pay for the products before you download them; or

(c) For services, we may ask you to make an advance payment. We will invoice you for the balance of the cost of the services on or at any time after we have performed them and may require you to pay by instalments, in each case as set out in the email acceptance. Each invoice will quote the order number. You must pay each invoice in cleared monies within 30 days. Your rights to a refund or cancellation are set out in clause 12.

11.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the statutory rate which may apply to the contract. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

11.6 What to do if you think an invoice is wrong. If you think an invoice is wrong in good faith please contact us promptly to let us know. All disputes regarding payment will be governed by clause 18.8. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date. You must pay any undisputed amounts by the due date.

12. YOUR RIGHTS TO END THE CONTRACT WHERE PRODUCTS, DIGITAL CONTENT OR SERVICES ARE IN COMPLIANCE WITH THE CONTRACT

12.1 Your rights to end the contract. You have the following rights to cancel the contract except in the circumstances listed in clause 12.6:

(a) you may cancel any contract for the supply of digital content and/or services at any time before the expiry of 14 calendar days after receiving an email acceptance;

(b) you may cancel any contract for the supply of products at any time before the expiry of 14 calendar days after delivery of the products under clause 6.4,

in each case by contacting us as follows: 07800 586315 contact@mitber.com. We will confirm your cancellation in writing to you.

12.2 When we will refund you. Subject to clause 12.4, if you cancel a contract under clause 12.1 and you have made any payment in advance for services that have not been provided to you, or made any payment for products that have not been delivered to you, we will refund these amounts to you.

12.3 You must return products which are already dispatched. If you cancel a contract for products which have already been dispatched to you, you must return them to us at your own cost.

12.4  You must pay us for services we have started. If you cancel a contract for services under clause 12.1(a) and we have incurred any preliminary expense of which we have notified you, you must pay us any costs we have incurred in starting to fulfil the contract, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, will be invoiced and payable by you.

12.5 Where you cancel because of our failure. If you cancel a contract because of any failure by us to comply with its terms, you do not have to make any payment to us for the products or services or for any other charge we have incurred (including delivery and return costs).

12.6 Exceptions to the right to cancel. Please note that your right to cancel under clause 12.1 does not apply in respect of:

(a) digital content after you have started to download or stream it;

(b) sealed audio or sealed video recordings, once these products are unsealed after you receive them; and

(c) any products which become mixed inseparably with other items after their delivery;

and will cease to apply:

(d) in the case of digital content, from the point at which you confirm that we may deliver it to your electronic device;

(e) in the case of services, from the point at which we start to perform them at your request;

and you acknowledge that you will lose your right to cancel in these circumstances.

12.7 Other rights to cancel. Subject to the same exceptions set out in clause 12.6, you may also cancel a contract by contacting us as set out in clause 12.1 with immediate effect:

(a) in the circumstances set out in clause 4.1 if we change these terms to your material disadvantage; or

(b) if you opt to do so under clause 4.3, clause 6.4 or clause 6.5; or

(c) if we are affected by an event outside our control pursuant to clause 15.

13. YOUR RIGHTS TO END THE CONTRACT WHERE PRODUCTS, DIGITAL CONTENT OR SERVICES ARE NOT IN COMPLIANCE WITH THE CONTRACT

13.1 Your rights of cancellation set out in clause 12 are in addition to your rights (including rights to cancel the contract) if the products, digital content or services you have ordered do not comply with the contract. If you cancel the contract in these circumstances you will not have to pay anything, including the cost of delivery or return of products.

14. OUR RIGHTS TO END THE CONTRACT

14.1  We can end the contract if you break it. We may end the contract at any time by writing to you if:

(a) you do not make any payment to us when it is due and you still do not make payment within any additional time period that we give you;

(b) you break the contract in any other material way and you do not correct or fix the situation within a reasonable number of days of our asking to do so in writing;

(c) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, your delivery address;

(d) you do not, within a reasonable time, allow us to deliver the products to you; or

(e) you do not, within a reasonable time, allow us access to your premises (where applicable) to supply the services.

14.2 Our right to cancel before we begin performing the contract. We may have to cancel a contract before the start date for the delivery of the services or before the products or digital content are delivered, due to an event outside our control or the unavailability of stock or (in the case of services) key personnel or key materials without which we cannot provide the services. If this happens:

(a) we will contact you promptly to let you know;

(b) if you have made any payment in advance for services that have not been provided to you, or products or digital content that have not been delivered to you, we will refund these amounts to you;

(c) where we have already started to deliver the services or create custom-made products, we will not charge you anything and you will not have to make any payment to us;

although if we are reasonably able to do so, we will give you the option of agreeing to the suspension of the contract pending the ending of the event outside our control.

14.3 Termination for any reason regarding services. Once we have begun to provide the services to you, we may cancel the contract for the services at any time by providing you with at least 30 days’ notice in writing. If you have made any payment in advance for services that have not been provided to you, we will refund these amounts to you.

14.4  You must compensate us if you break the contract. If we end the contract in the situations set out in clause 14.1 we will refund any money you have paid in advance for products or services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

15. EVENTS OUTSIDE OUR CONTROL

15.1 Liability for events outside our control. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the contract that is caused by an event outside our control.

15.2 Events outside our control. An “event outside our control” means any act or event beyond our reasonable control which may include strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

15.3 Consequences of an event outside our control. If an event outside our control takes place that affects the performance of our obligations under the contract:

(a) we will contact you as soon as reasonably possible to notify you; and

(b) our obligations under the contract will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control. Where the event outside our control affects our delivery of products or digital content to you, we will arrange a new delivery date with you after the event outside our control is over. Where the event outside our control affects our performance of services to you, we will restart the services as soon as reasonably possible after the event outside our control is over.

15.4 When you can cancel the contract in case of an event outside our control. You may cancel the contract if an event outside our control takes place and you no longer wish us to provide the products and/or digital content and/or services. Please see your cancellation rights under clause 12. We may also cancel the contract in accordance with our cancellation rights in clause 14 but only if the event outside our control continues for longer than twelve (12) weeks.

16. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

16.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

16.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability (i) for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; (ii) for fraud or fraudulent misrepresentation; and (iii) for breach of any statutory obligations for which liability cannot be limited or excluded.

16.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

17. HOW WE MAY USE YOUR PERSONAL INFORMATION

How we may use your personal information.  We will only use your personal information as set out in our  https://mitber.com/privacy-policy/

17.1         

18. OTHER IMPORTANT TERMS

18.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.

18.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you may transfer any guarantee we give you under this contract to a person who has acquired the product or, where the product is services, any item or property in respect of which we have provided the services. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.

18.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 18.2 in respect of our guarantee. Please note that copyright owners and third parties who licence material to us may have rights to enforce their rights directly against you. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

18.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

18.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

18.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

18.7 European Union consumer residents. If you are entering into the contract as a consumer resident in a European Union member state, you will benefit from any mandatory provisions of the law of the member state in which you are resident. Nothing in the contract will affect your legal rights under such mandatory provisions of local law.

18.8 Alternative dispute resolution. If you are not happy with the way we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. Our dispute resolution provider is the Centre for Alternative Dispute Resolution (CEDR) – https://www.cedr.com/. Please contact us as set out in clause 2.2 if you wish to use this service. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform at https://webgate.ec.europa.eu/odr.