Rules of Procedure for the Internal Complaints Handling System (ICHS)
of idealo (idealo Shopping)

 

1. Access to ICHS From idealo Shopping

idealo has set up a free, electronic internal complaints handling system (ICHS) for dealing with user complaints made against certain measures taken by idealo. The ICHS described here applies to all measures in connection with our price comparison platform idealo Shopping.

If you have notified us of allegedly illegal content on idealo Shopping via our electronic reporting function and you do not agree with our decision regarding the reported content, you have the option of filing a complaint against this decision via our ICHS.

Users directly affected by a moderation decision, including commercial users, also have access to the ICHS.

In particular, the following moderation decisions, which are made on the grounds that the information posted by the user concerned on idealo Shopping constitutes illegal content or is incompatible with our General Terms and Conditions, Terms of Use or idealo Guidelines, are subject to appeal:

• Removal of, blocking of access to or downgrading of product offers
• Removal of or blocking of access to user reviews 
• Partial or complete suspension of the provision of idealo services
• Termination of the provision of idealo services. 

The possibility of appeal in accordance with the above paragraphs exists for a period of six months from the date of the decision.  Only one complaint can be submitted for each moderation decision.

Commercial users can also use the internal complaints handling system to complain about other measures or behaviour by idealo that affect them in connection with their contractual relationship.

2. Complaints procedure

We will inform you on a case-by-case basis if there is an opportunity to lodge a complaint via our ICHS.

You can submit a complaint informally by email by replying to the email in which we informed you of the moderation decision regarding your notification.

As a retailer, you can use the form at the bottom of each page to submit your complaint via your idealo Business Account.

In order to process a complaint in a targeted and efficient manner, we require at least the following information:

• A clear explanation of which moderation decision your complaint relates to.
• A clear and precise explanation of why you believe that our decision is incorrect.
• If applicable, further information and evidence to support your complaint.

Once a complaint is submitted through our ICHS, we will review it in a timely, non-discriminatory, diligent, and objective manner. We will notify you without undue delay of the result of our review.

If a complaint contains sufficient substantiated reasons to conclude

1. that the decision not to act upon a notice is unfounded, or
2. that the information to which the complaint relates is neither illegal nor incompatible with our general terms and conditions, terms of use or idealo guidelines, or
3. that the complainant's behaviour does not justify the suspension or termination of the provision of the idealo services,

we will without delay reverse the respective decision or measure, insofar as it is both technologically feasible and reasonable.

Otherwise, we will uphold our initial decision and reject your complaint. If you do not agree with our decision in the appeal proceedings, you have various legal remedies at your disposal, depending on the circumstances.

Further information on the possible legal remedies can be found in section 4.

3. Complaints from qualified institutions, organisations or associations

Complaints submitted by institutions, organisations or associations as referred to in Article 86 (1) DSA through our ICHS in the name of recipients of the service will be processed and resolved with priority and urgency.

4. Out-of-court dispute settlement body and mediation

As part of our legal obligations, we work with out-of-court dispute settlement bodies to settle any disputes in connection with moderation decisions (e.g. rejection of a notification or complaint about illegal content or removal of illegal content).

The procedure is open to all users who are directly affected by such decisions. 

If there is the possibility of out-of-court dispute resolution in individual cases, we will inform the user concerned about this possibility. 

We recommend that users try to resolve their concerns using our internal complaints management system before initiating a dispute resolution or mediation procedure in order to find a solution quickly and free of charge.

The implementation of a dispute settlement procedure must be requested from a certified out-of-court dispute settlement body. Certification will be carried out by the Digital Services Coordinators of the EU member states. The details of the out-of-court dispute settlement procedure are governed by Article 21 DSA (see Regulation (EU) 2022/2065).

The authorised out-of-court dispute settlement bodies are not authorised to impose a binding dispute settlement on the respective user and idealo.

We will update the information on this page once the out-of-court dispute settlement bodies have been certified and further information has been published by the Digital Services Coordinator responsible for idealo or the Commission.

Commercial users based in the European Union also have the right to mediation in accordance with Article 4 of Regulation (EU) 2019/1150. idealo cooperates with the mediators recommended by the German E-Commerce and Distance Selling Trade Association (Bundesverband E-Commerce und Versandhandel bevh e.V.) listed here in order to achieve an out-of-court settlement of any disputes with commercial Partners.

idealo reserves the right to refuse to cooperate with a competent out-of-court dispute settlement body or mediation centre if

• a dispute concerning the same information and the same grounds has already been settled, or
• the user concerned has neither filed a complaint about idealo's ICHS nor called upon a competent dispute resolution or mediation body within six months of idealo's notification of the disputed decision.

The right of affected users to assert any claims for redress, injunctive relief, damages or compensation in court remains unaffected by the aforementioned options for out-of-court dispute resolution and mediation.

Misuse of the ICHS

If you submit a complaint through our ICHS, you must act in good faith and ensure that the information you provide is accurate and complete.  

If we find that individuals or entities are frequently submitting manifestly unfounded complaints, we are required by law to suspend the processing of complaints from these individuals and entities for a reasonable period of time after prior warning. 

When deciding on the suspension and, if applicable, the duration of the suspension, we take into account all facts and circumstances known to us. This includes in particular (i) the absolute number of manifestly unfounded complaints submitted within a certain period of time, (ii) their relative share of the total number of complaints submitted during this period, (iii) the nature of the complaints and the seriousness of the associated allegations, including their consequences for other users, and (iv) the intentions pursued by the user, if recognisable.

 

Correct as of: 17. February 2024