Terms and Conditions with Customer Information
Table of Contents
- Scope of Application
- Conclusion of Contract
- right of cancellation
- Prices and Terms of Payment
- Delivery and dispatch terms
- Granting of Rights of Use for Licence Keys
- Contract Term and Termination of Subscription Contracts for Goods
- Retention of title
- Liability for defects (warranty)
- Liability
- Redeeming promotional vouchers
- Redeeming gift vouchers
- Applicable law
- Jurisdiction
- Code of Conduct
- Alternative dispute resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter ‘GTC’) of ITnow24 Group GmbH (hereinafter ‘the Seller’) apply to all contracts for the delivery of goods which a consumer or business (hereinafter referred to as the “Customer”) concludes with the Seller in respect of the goods displayed by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby excluded, unless otherwise agreed.
1.2 These GTC apply mutatis mutandis to contracts for the delivery of vouchers, unless otherwise specified.
1.3 These General Terms and Conditions apply mutatis mutandis to contracts for the provision of licence keys, unless otherwise specified. In this context, the Seller is obliged to provide a licence key for the use of the digital content or digital services described by the Seller (hereinafter ‘digital products’) and to grant the contractually agreed rights to use the respective digital products. The customer does not acquire any intellectual property rights in the digital product. The nature of the digital product is determined by the seller’s respective product description.
1.4 A ‘consumer’ within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor related to their self-employed professional activity.
1.5 An ‘entrepreneur’ within the meaning of these General Terms and Conditions is a natural or legal person, or a partnership with legal capacity, who, when concluding a legal transaction, is acting in the course of their commercial or self-employed professional activity.
1.6 The subject matter of the contract may – depending on the Seller’s product description – be either the purchase of goods by way of a one-off delivery or the purchase of goods by way of a standing delivery (hereinafter referred to as the ‘Subscription Contract’). In the case of a subscription contract, the Seller undertakes to supply the Customer with the goods contractually owed for the duration of the agreed contract term at the contractually agreed intervals.
1.7 If the customer’s delivery and billing address is in Switzerland or Liechtenstein, the following terms and conditions shall apply, provided that MeinEinkauf AG, Fürstenlandstrasse 35, 9000 St. Gallen, Switzerland (hereinafter “MeinEinkauf”) becomes the customer’s contractual partner. In this case, the Seller acts solely as an intermediary between the Customer and MeinEinkauf and does not itself become a party to the contract of sale. The Customer is expressly informed of this in the Seller’s online shop. In this case, MeinEinkauf is responsible for the fulfilment of the contract. The seller handles correspondence with the customer on behalf of MeinEinkauf. This also applies to correspondence relating to any breaches of contract, in particular where the customer asserts rights arising from defects.
2) Conclusion of the contract
2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller, but serve to enable the Customer to make a binding offer.
2.2 The customer may submit the offer via the online order form integrated into the seller’s online shop. In doing so, after placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the customer submits a legally binding contractual offer in respect of the goods contained in the shopping basket by clicking the button that completes the ordering process. Furthermore, the customer may also submit the offer to the seller by email, fax, via the online contact form, by post or by telephone.
2.3 The seller may accept the customer’s offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or email), in which case the date on which the order confirmation is received by the customer shall be decisive, or
- by delivering the ordered goods to the customer, in which case the date on which the customer receives the goods is decisive, or
- by requesting payment from the customer following the submission of their order.
If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the customer is no longer bound by their declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg (hereinafter: ‘PayPal’), subject to the PayPal Terms of Service, available at
2.5 If the ‘Amazon Payments’ payment method is selected, payment processing is handled by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: ‘Amazon’), subject to the Amazon Payments Europe Terms of Use, available at
2.6 When an offer is made via the Seller’s online order form, the text of the contract is stored by the Seller after the contract has been concluded and is sent to the Customer in writing (e.g. by email, fax or letter) once the Customer has submitted their order. The Seller shall not make the text of the contract available in any other way. If the customer has set up a user account in the Seller’s online shop before submitting their order, the order details will be archived on the Seller’s website and can be accessed free of charge by the customer via their password-protected user account by entering the relevant login details.
2.7 Before submitting a binding order via the seller’s online order form, the customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical tool for better identifying input errors can be the browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer may correct their entries using the standard keyboard and mouse functions until they click the button that completes the ordering process.
2.8 Various languages are available for the conclusion of the contract. The specific language options are displayed in the online shop.
2.9 Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct, so that emails sent by the seller can be received at that address. In particular, if the customer uses spam filters, they must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Right of cancellation
3.1 Consumers are generally entitled to a right of cancellation.
3.2 Further information on the right of cancellation is set out in the Seller’s withdrawal policy.
4) Prices and Terms of Payment
4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices inclusive of statutory VAT. Any additional delivery and postage costs, where applicable, are specified separately in the relevant product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for money transfers via credit institutions (e.g. transfer fees, exchange rate charges) or import duties and taxes (e.g. customs duties). Such costs relating to the transfer of funds may also arise even if the delivery is not being made to a country outside the European Union, but the customer is making the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the customer in the Seller’s online shop.
4.4 If payment in advance by bank transfer has been agreed, payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If a payment method offered via the ‘PayPal’ payment service is selected, payment processing is carried out via PayPal, whereby PayPal may also make use of the services of third-party payment service providers for this purpose. Where the seller also offers payment methods via PayPal whereby the seller makes an advance payment to the customer (e.g. purchase on account or payment by instalments), the seller assigns its payment claim in this respect to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller’s declaration of assignment, PayPal or the payment service provider commissioned by PayPal shall carry out a credit check using the customer data provided. The seller reserves the right to refuse the customer the selected payment method in the event of a negative credit check result. If the selected payment method is authorised, the customer must pay the invoice amount within the agreed payment period or in the agreed instalments. In this case, the customer may only make payment to PayPal or the payment service provider commissioned by PayPal with the effect of discharging the debt. However, even in the event of an assignment of claims, the seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery times, dispatch, returns, complaints, notices of withdrawal and return shipments, or credit notes.
4.6 If the “Sofortüberweisung” payment method is selected, payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter “Klarna”). In order to pay the invoice amount via “Sofortüberweisung”, the customer must have an online banking account activated for use with “Sofortüberweisung”, authenticate themselves accordingly during the payment process, and confirm the payment instruction. The payment transaction is processed by Klarna immediately afterwards and the customer’s bank account is debited. The customer can find further information on the “Sofortüberweisung” payment method online at
4.7 If a payment method offered via the “Shopify Payments” payment service is selected, payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered via Shopify Payments are communicated to the customer in the Seller’s online shop. To process payments, Stripe may utilise additional payment services, to which specific payment terms and conditions may apply; the customer may be notified of these separately where applicable. Further information on “Shopify Payments” is available online at
4.8 If a payment method offered via the “Mollie” payment service is selected, payment processing is carried out by the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter: “Mollie”). The individual payment methods offered via Mollie are displayed to the customer in the Seller’s online shop. To process payments, Mollie may use other payment services, to which specific payment terms and conditions may apply; the customer may be notified of these separately where applicable. Further information on “Mollie” is available online at
4.9 If a payment method offered via the “Ratepay” payment service is selected (e.g. Ratepay invoice, Ratepay prepayment, Ratepay direct debit, Ratepay instalment payment), payment processing is carried out by Ratepay GmbH, Ritterstr. 12–14, 10969 Berlin (hereinafter “Ratepay”), to whom the Seller assigns its claim against the Customer. The specific Ratepay payment methods offered by the Seller are communicated to the Customer on the Seller’s website. The customer may only make payments to Ratepay with debt-discharging effect. However, the seller remains responsible for general customer enquiries (e.g. regarding the goods, delivery times, dispatch, returns, complaints, notices of withdrawal and return consignments, or credit notes). In all other respects, Ratepay’s General Terms and Conditions of Payment apply, which can be accessed here:
4.10 If a payment method offered via the “VR Payment” payment service is selected, payment processing is carried out by the payment service provider VR Payment GmbH, Saonestraße 3a, 60528 Frankfurt am Main, Germany (hereinafter: “VR Payment”). The individual payment methods offered via VR Payment are communicated to the customer in the seller’s online shop. To process payments, VR Payment may use the services of third-party payment service providers, to which specific payment terms and conditions may apply; the customer may be notified of these separately where applicable. Further information on “VR Payment” is available online at
4.11 If a payment method offered via the “Commerz Global Pay” payment service is selected, payment processing is carried out by the payment service provider Commerz Globalpay GmbH, Elsa-Brandström-Straße 10-12, 50668 Cologne, Germany (hereinafter: “Commerz Global Pay”). The individual payment methods offered via Commerz Global Pay are communicated to the customer in the seller’s online shop. To process payments, Commerz Global Pay may use the services of third-party payment service providers, to which specific payment terms and conditions may apply; the customer may be notified of these separately where applicable. Further information on “Commerz Global Pay” is available online at
4.12 If a payment method offered via the “Adyen” payment service is selected, payment processing is carried out by the payment service provider Adyen N.V., Simon Carmiggeltstraat 6-50, 1011 DJ, Amsterdam, the Netherlands (hereinafter: “Adyen”). The individual payment methods offered via Adyen are communicated to the customer in the seller’s online shop. To process payments, Adyen may use the services of third-party payment service providers, to which specific payment terms and conditions may apply; the customer may be notified of these separately where applicable. Further information on “Adyen” is available online at
4.13 If a payment method offered via the ‘Unzer’ payment service is selected, payment processing is carried out by the payment service provider Unzer Group GmbH, Schöneberger Str. 21 a, 10963 Berlin, Germany (hereinafter: ‘Unzer’). The individual payment methods offered via Unzer are displayed to the customer in the Seller’s online shop. To process payments, Unzer may use the services of third-party payment service providers, to which specific payment terms and conditions may apply, and of which the customer may be specifically informed where applicable. Further information on “Unzer” is available online at
4.14 If a payment method offered via the “Stripe” payment service is selected, payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered via Stripe are communicated to the customer in the seller’s online shop. To process payments, Stripe may utilise other payment services, to which specific payment terms and conditions may apply, of which the customer may be notified separately where applicable. Further information on Stripe is available online at
4.15 If a payment method offered via the ‘SumUp’ payment service is selected, payment processing is carried out by the payment service provider SumUp Limited, Block 8, Harcourt Centre, Charlotte Way, Dublin 2, Ireland D02 K580 (hereinafter ‘SumUp’). The individual payment methods offered via Stripe are communicated to the customer in the Seller’s online shop. To process payments, SumUp may utilise additional payment services, to which specific payment terms and conditions may apply, and of which the customer may be notified separately. Further information on SumUp is available online at
4.16 If the credit card payment method is selected, the invoice amount is due immediately upon conclusion of the contract. Credit card payments are processed in collaboration with PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt am Main, which the seller authorises to collect the payment on its behalf. PAYONE GmbH will collect the invoice amount from the customer’s specified credit card account. The credit card will be charged immediately after the customer’s order is submitted via the online shop. Even when the credit card payment method is selected via PAYONE GmbH, the seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery times, dispatch, returns, complaints, notices of withdrawal and related returns, or credit notes.
4.17 If the credit card payment method is selected, the invoice amount is due immediately upon conclusion of the contract. Credit card payments are processed in collaboration with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag), to whom the supplier assigns its claim for payment. secupay AG will debit the invoice amount from the customer’s specified credit card account. In the event of such an assignment, payment may only be made to secupay AG with debt-discharging effect. The credit card will be debited immediately after the customer’s order has been submitted via the online shop. Even when the credit card payment method via secupay AG is selected, the supplier remains responsible for general customer enquiries, e.g. regarding returns, complaints, notices of withdrawal and return consignments, or credit notes.
4.18 If the ‘Credit Card via Stripe’ payment method is selected, the invoice amount is due immediately upon conclusion of the contract. Payment processing is handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: ‘Stripe’). Stripe reserves the right to carry out a credit check and to refuse this payment method should the credit check be unsuccessful.
5) Delivery and Shipping Terms
5.1 If the Seller offers to carry out the delivery of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. For the purposes of processing the transaction, the delivery address specified in the Seller’s order processing system shall be decisive. Notwithstanding this, if PayPal is selected as the payment method, the delivery address provided by the Customer to PayPal at the time of payment shall be decisive.
5.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of the initial delivery if the customer effectively exercises their right of cancellation. Where the customer effectively exercises their right of cancellation, the provisions set out in the seller’s cancellation policy shall apply to the costs of returning the goods.
5.3 If the customer is acting as a business, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has handed the goods over to the forwarding agent, the carrier or any other person or organisation designated to carry out the dispatch. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall, as a general rule, not pass to the customer until the goods have been handed over to the customer or to a person authorised to receive them. Notwithstanding the above, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer – even in the case of consumers – as soon as the seller has handed over the goods to the forwarding agent, the carrier or any other person or organisation designated to carry out the dispatch, provided that the customer has commissioned the forwarding agent, the carrier or any other person or organisation designated to carry out the dispatch, and the seller has not previously named this person or organisation to the customer.
5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper supply to the seller. This shall apply only where the failure to supply is not attributable to the seller and the seller has, with due care, entered into a specific covering transaction with the supplier. The seller shall make every reasonable effort to procure the goods. In the event that the goods are unavailable or only partially available, the customer shall be informed immediately and the payment shall be refunded without delay.
5.5 Collection by the customer is not possible for logistical reasons.
5.6 Vouchers are provided to the customer as follows:
- by download
- by email
- by fax
5.7 Licence keys are provided to the customer as follows:
- on-screen display
- by download
- by email
- by post
6) Grant of rights of use for licence keys
6.1 The licence key provided entitles the customer to use the digital product as set out in the Seller’s relevant product description, to the extent described therein.
6.2 Where the licence key relates to the one-off provision of digital content, the grant of rights shall only take effect once the customer has paid the due remuneration in full.
7) Contract term and termination of subscription contracts for goods
7.1 Subscription contracts are concluded for a fixed term, as specified in the relevant product description in the Seller’s online shop, and end automatically upon expiry of the contract term.
7.2 The right to terminate the contract for cause remains unaffected. Good cause shall be deemed to exist if, taking into account all the circumstances of the individual case and weighing up the interests of both parties, the party giving notice cannot reasonably be expected to continue the contractual relationship until the agreed termination date or until the expiry of a notice period.
7.3 Terminations may be made in writing, in text form (e.g. by email) or in electronic form via the termination facility (termination button) provided by the seller on its website.
8) Retention of title
If the Seller makes an advance delivery, it reserves title to the goods delivered until the purchase price owed has been paid in full.
9) Liability for defects (warranty)
Unless otherwise specified in the following provisions, the statutory provisions on liability for defects shall apply. Notwithstanding this, the following shall apply to contracts for the delivery of goods:
9.1 If the customer is a business,
- the seller may choose the method of subsequent performance;
- for new goods, the limitation period for claims arising from defects is one year from delivery of the goods;
- in the case of second-hand goods, rights arising from defects are excluded;
- the limitation period does not recommence if a replacement delivery is made under the warranty for defects.
9.2 Where the customer is a consumer, the following applies to contracts for the delivery of second-hand goods, subject to the restriction set out in the following clause: The limitation period for claims for defects is one year from delivery of the goods, provided this has been expressly and separately agreed between the parties in the contract and the customer was specifically informed of the shortened limitation period before submitting their declaration of contract.
9.3 The limitations of liability and shortened time limits set out above do not apply
- to the customer’s claims for damages and reimbursement of expenses,
- in the event that the seller has fraudulently concealed the defect,
- to goods which have been used in accordance with their normal intended use in a structure and have caused its defectiveness,
- to any obligation the seller may have to provide provision for updates for digital products, in the case of contracts for the delivery of goods containing digital elements.
9.4 Furthermore, in the case of business customers, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
9.5 If the customer is a trader within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial duty to inspect and give notice of defects in accordance with Section 377 HGB. If the customer fails to comply with the notification obligations set out therein, the goods shall be deemed to have been approved.
9.6 If the customer is acting as a consumer, they are requested to lodge a complaint with the delivery agent regarding any goods delivered with obvious transport damage and to inform the seller thereof. Failure by the customer to do so shall have no effect whatsoever on their statutory or contractual claims for defects.
10) Liability
The seller shall be liable to the customer for all contractual, quasi-contractual and statutory claims, including tortious claims, for compensation for damages and reimbursement of expenses as follows:
10.1 The seller shall be liable without limitation on any legal ground
- in cases of wilful misconduct or gross negligence,
- in the event of intentional or negligent injury to life, limb or health,
- on the basis of a guarantee, unless otherwise specified in this regard,
- on the basis of mandatory liability, such as under the Product Liability Act.
10.2 If the Seller negligently breaches an essential contractual obligation, liability shall be limited to the foreseeable damage typical for this type of contract, unless unlimited liability applies in accordance with the preceding clause. Essential contractual obligations are obligations which the contract imposes on the seller, by virtue of its content, in order to achieve the purpose of the contract; the fulfilment of which is essential for the proper performance of the contract; and on the observance of which the customer may regularly rely.
10.3 In all other respects, the Seller’s liability is excluded.
10.4 The above liability provisions also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.
11) Redemption of promotional vouchers
11.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific period of validity, which cannot be purchased by the customer (hereinafter ‘promotional vouchers’), may only be redeemed in the Seller’s online shop and only during the specified period.
11.2 Promotional vouchers may only be redeemed by consumers.
11.3 Individual products may be excluded from the voucher promotion if a corresponding restriction is specified in the terms of the promotional voucher.
11.4 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
11.5 Only one promotional voucher may be redeemed per order.
11.6 Where the promotional voucher refers to a specific value rather than a percentage discount, the value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
11.7 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the seller may be selected to settle the difference.
11.8 The credit balance of a promotional voucher will not be paid out in cash nor will it accrue interest.
11.9 The promotional voucher will not be refunded if the customer returns goods paid for in full or in part using the promotional voucher under their statutory right of cancellation.
11.10 The promotional voucher is transferable. The seller may make payment with discharging effect to the respective holder who redeems the promotional voucher in the seller’s online shop. This shall not apply if the seller is aware, or through gross negligence is unaware, of the respective holder’s lack of entitlement, legal incapacity or lack of authority to act on behalf of another.
12) Redemption of gift vouchers
12.1 Vouchers that can be purchased via the Seller’s online shop (hereinafter ‘gift vouchers’) may only be redeemed in the Seller’s online shop, unless otherwise stated on the voucher.
12.2 Gift vouchers and any remaining balance on gift vouchers are redeemable until the end of the third year following the year in which the voucher was purchased. Any remaining balance will be credited to the customer’s account until the expiry date.
12.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
12.4 Only one gift voucher may be redeemed per order.
12.5 Gift vouchers may only be used for the purchase of goods and not for the purchase of further gift vouchers.
12.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller may be selected to settle the difference.
12.7 The balance of a gift voucher will not be paid out in cash nor will it accrue interest.
12.8 The gift voucher is transferable. The Seller may fulfil its obligations with discharging effect to the respective holder who redeems the gift voucher in the Seller’s online shop. This shall not apply if the Seller is aware, or is grossly negligent in failing to be aware, of the respective holder’s lack of entitlement, legal incapacity or lack of authority to act on behalf of another.
13) Governing Law
All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, to the exclusion of the laws on the international sale of goods. In the case of consumers, this choice of law shall apply only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.
14) Jurisdiction
If the customer is a trader, a legal person governed by public law or a special fund governed by public law with its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller’s registered office. If the customer has its registered office outside the territory of the Federal Republic of Germany, the seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from it are attributable to the customer’s professional or commercial activities. In the above cases, however, the Seller shall in any event be entitled to bring proceedings before the court at the Customer’s registered office.
15) Code of Conduct
- The Seller has agreed to comply with the terms and conditions for participation in the ‘Fairness in Trade’ e-commerce initiative, which can be viewed online at
https://www.fairness-im-handel.de/teilnahmebedingungen/ - The Seller has agreed to comply with the guidelines for ‘Google Customer Reviews’, which can be viewed online at
&https://support.google.com/merchants/answer/14629803?hl=deref_topic=14629086 - The seller has agreed to comply with the Trusted Shops quality criteria, which can be viewed online at
https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf
16) Alternative dispute resolution
The seller is not obliged to participate in dispute resolution proceedings before a consumer arbitration board, but is willing to do so.
