Convention on the Provision by the Consumer Mediation Center of Conciliators of Justice of a Mediation Service of consumption
Between
The Mediation Center Consumption of Justice Conciliators. Address: 14 rue saint Jean 75017 Paris
Represented by its president Mr Alain Yung-Hing
And
ODEON sarl
Represented by Antoinette MBASSA
It was agreed as follows.
Preamble
This agreement is established as part of the consumer mediation mechanism provided for in articles L.611-1 et seq. and R.612-1 et seq. of the French Consumer Code.
application of Article L.612-1 of the French Consumer Code, professionals working with consumers must ensure that consumers have effective recourse to a consumer mediation system.
The Mediators of the Mediation Center of the Consumers of Justice (CM2C) have already gained experience and know-how recognized in the amicable resolution of conflicts arising from execution or poor execution contracts concluded between clients and professionals.
The Mediation Center for the Consumption of Conciliators of Justice (CM2C) expresses its desire that a high level of protection be maintained in the context of the amicable resolution of consumer disputes. involvement and effective quality in the relationship of dispute resolution and the pursuit of customer relations.
ODEON sarl and the Consumers Mediation Center of the Conciliation Officers of Justice (CM2C) have decided to form a partnership so that ODEON sarl can use the consumer mediation services offered by CM2C
The Center of the Mediation of the Consumption of Mediators of Justice acts on behalf of the voluntary mediators to provide the consumer mediation service.
The purpose of this agreement is to specify the essential terms and conditions of this partnership. It will be completed as and when bilateral agreements.
1 - Purpose
The mediation of consumption is defined as a structured process in which the mediator's mission is to facilitate the resolution of a dispute between two parties, one of whom is a professional and the other a consumer, no one physical activity outside his professional activity. Mediation is conducted by the mediator with impartiality, competence and efficiency.
Mediation is a process freely accepted by the parties. The latter are and remain free to interrupt, pursue, conclude or not, the mediation they have undertaken. Mediation imposes on the parties an obligation of loyalty characterized by a desire to collaborate with each other and to satisfy the mediator's requests for information.
Consumer mediation is free of charge to the consumer. > Mediation is a confidential process that responds in accordance with Article L.612-3 of the Consumer Code to the obligations in this area provided for by Article 21-3 of Law No. 95-125 of 8 February 1995 on the organization of the courts and the civil, criminal and administrative procedure.
ODEON sarl benefiting from the present agreement will allow the consumers with whom it has a dispute to seize the Center of the mediation of the consumption of Conciliators of justice which select a mediator from the list of mediators attached as Appendix 1.
2 - Commitments of the Mediation Center of Consumption of Conciliators of Justice (CM2C) and its mediators
2-1 Commitments of the Mediation Center of Consumption of Conciliators of Justice (CM2C)
> The Mediation Center for the Consumption of Conciliation Officers of Justice (CM2C) undertakes, in a general way, to guarantee the delivery of a consumer mediation service in accordance with the provisions of the code of consumption. It undertakes to respond to any request made by the Commission for the Evaluation and Control of Consumer Mediation (CECM) as part of its activities.
a) Gatekeeper Clause
The Mediation Center of Consumers' Consumption of Justice stands by the obligations of mediators who have volunteered for the fulfillment of the above obligations. mentioned above
b) commitment to the technical means
The Mediation Center of the Conciliation of Consumers of Justice undertakes to make carry out and maintain operational a site allowing in particular the customers of the professionals wishing to appeal mediation to know the mediator retained by their professional and make an appointment.
c)commitments of good execution of the convention
The Center of Mediation Consumption of Conciliators of Justice (CM2C) undertakes to implement the means necessary for the proper execution of this convention.
2-2 Commitments of Mediators, Individuals
a) Each mediator of the Mediation Center for the Consumption of Conciliation Officers of Justice (CM2C) undertakes:
- With respect to the consumer and the professional:
to be easily accessible electronically or by simple or face-to-face mail, communicate all or part of the documents of the file at their request, inform them in case of conflicts of interest, treat the dispute fairly and in accordance with the deadlines, principles and values required by the texts, to respect the obligations of the code of the consumption relating to the process of mediation of the consumption.
Each mediator undertakes vis-à-vis the commission of evaluation and control of the mediation of consumption (CECM) of inform it of any conflict of interest situation and the consequences that have been set for it.
b) ethical rules
Each mediator of the Mediation Center for the Consumption of Conciliation Officers of Justice (CM2C) s undertakes to respect the pr principles of neutrality, independence, impartiality, confidentiality, probity, diligence and freedom.
c) loss of the status of mediator
This agreement only concerns mediators whose application has been evaluated by the CECM. In case of loss of quality of conciliator of justice and after information of the CECM,
the interested party will not be able to continue benefiting from the convention.
3 Commitment of the ODEON sarl Company
3-1 ODEON sarl Commitments Payment for the service rendered by the Mediation Center for Consumers of Justice Consumers
remuneration of the possibility given to ODEON sarl to use technical means of referral to a mediator and the handling of their disputes with consumers, ODEON sarl will pay the mediation center of the consumption of conciliators of justice, a sum of membership of 120 euros
For files concerning amediation, it will be paid to CM2C for an internet treatment the sum of 30 euros. For a mediation on the spot the sum of 70 euros
As for the expenses and the defrayal of the mediator of CM2C
3-2 Commitment of the member choosing the Center of Mediation Consumer Mediation Consumption (CM2C) as a consumer mediator:
inform the consumer of the referral procedures of the Mediation Center for the Consumption of Conciliation Officers of Justice (CM2C) ( telephone, website, email address) in accordance with Articles L.616-1 and R.616-1 of the Consumer Code.
Respond to the consumer mediator of the Consumers Mediation Center of Conciliation of Justice ( CM2C) who seizes it, executes in good faith and collaborates, refrain from giving or requiring any guidance in the resolution of disputes.
4 - Duration of the agreement
This agreement is concluded for a period of 3 years.
It is renewable by tacit agreement in durations of 3 years unless denunciation made by one or other of the parties by registered letter with acknowledgment of receipt 4 months before the deadline.
Four months before the expiry date, the consumer mediation centre of the conciliators of justice will inform the company of the possibility of renewal of the present agreement or of the possibility for the latter to terminate it.
5 - Disputes
In the event of a dispute in the execution of the present agreement, the parties agree to try to resolve it amicably. In the absence of agreement and after having informed the Commission for the Evaluation and Supervision of Consumer Mediation (CECM), they will bring proceedings before the court in accordance with the rules of jurisdiction specific to their situation.
6 - Suspensive condition
This agreement is validated subject to the fulfilment of the suspensive condition of referral of the consumer mediation centre of judicial conciliators by the Commission d'évaluation et de contrôle de la médiation de la consommation (CECM).
Appendix 1: list of mediators
Appendix 2: mediation process or charter