1. Scope

1.1 These General Terms and Conditions (hereinafter “Terms and Conditions”) of Badgematic Button GmbH (hereinafter “Badgematic”) apply to all contracts for the purchase of goods that a consumer or entrepreneur (hereinafter “Customer”) enters into with Badgematic regarding the information provided by Badgematic in its online -Shop concludes goods displayed, as well as for contracts that a customer concludes with Badgematic regarding the use of the online application “Badge Designer”.

1.2. To the extent that these terms and conditions relate exclusively to the purchase of goods or the use of the online application “Badge Designer”, this is expressly pointed out below. Otherwise, the General Terms and Conditions apply to both the purchase of goods and the use of the online application “Badge Designer”.

1.3. Goods within the meaning of the following General Terms and Conditions are exclusively physical objects.

1.4. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.5 These General Terms and Conditions apply accordingly to contracts for the delivery of vouchers, unless expressly stipulated otherwise.

1.6 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to their commercial or independent professional activity. 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, acts in the exercise of their commercial or independent professional activity.

2. Conclusion of contract

2.1 The product descriptions contained in Badgematic's online shop do not represent binding offers on the part of Badgematic, but are intended to enable the customer to submit a binding offer.

2.2 The customer can submit the offer using the online order form integrated into the Badgematic online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking on the button that completes the ordering process. The customer can also submit the offer to Badgematic by telephone, fax, email, post or online contact form.

2.3 Badgematic can accept the customer's offer within five days by Badgematic informing the customer - either a written order confirmation or an order confirmation in text form (fax or email) is sent, whereby the receipt of the order confirmation by the customer is decisive, - or asks the customer to pay after placing their order - or – in the case of the purchase of goods – delivers the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive.

2.4 If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which 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 Badgematic does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.

2.5 If you select a payment method offered by PayPal, payment is processed 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 Use, available at https://www.paypal.com/de/webapps/mpp/ua /useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax- full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, Badgematic declares acceptance of the customer's offer at the moment the customer clicks the button that completes the ordering process.

2.6 If you select the payment method "Amazon Payments", payment processing is carried out via 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 User Agreement, which can be viewed at https://payments.amazon.de/help/201751590. If the customer selects “Amazon Payments” as the payment method as part of the online ordering process, he also issues a payment order to Amazon by clicking the button that completes the ordering process. In this case, Badgematic already declares acceptance of the customer's offer at the time the customer initiates the payment process by clicking the button that completes the ordering process.

2.7 When submitting an offer via Badgematic's online order form, the contract text is saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent. Badgematic will not make the contract text available beyond this. If the customer creates a user account in the online shop before sending his order Badgematic has set up, the order data is archived on the Badgematic website and can be accessed free of charge by the customer via their password-protected user account by providing the relevant login details.

2.8 Before bindingly submitting the order via Badgematic's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better detecting input errors can be the browser's magnification function, which enlarges the display on the screen. As part of the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button that completes the ordering process.

2.9 The German and English languages are available for concluding the contract.

2.10 Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address he provided to process the order is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer 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 withdrawal

Consumers generally have a right of withdrawal. Further information on the right of withdrawal can be found in Badgematic's cancellation policy.

4. Prices and payment terms

4.1 Unless otherwise stated in Badgematic's product description, the prices stated are total prices and include statutory sales tax. Any additional delivery and shipping costs that may arise will be stated separately in the respective product description.

4.2 When delivering goods to countries outside the European Union, additional costs may arise in individual cases for which Badgematic is not responsible and which must be borne by the customer. These include, for example, costs for the transfer of money through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may arise in relation to the money transfer even if the delivery does not take place to a country outside the European Union but the customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the customer in the Badgematic online shop.

4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If you select the payment method “SOFORT”, payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). In order to be able to pay the invoice amount via “SOFORT”, the customer must have an online banking account activated for participation in “SOFORT”, identify themselves accordingly during the payment process and confirm the payment instruction to “SOFORT”. The payment transaction will be carried out immediately afterwards by “SOFORT” and the customer’s bank account will be debited. The customer can find further information about the “SOFORT” payment method online at https://www.klarna.com/sofort/.

4.6 If you select the purchase on account payment method, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid without deductions within 7 (seven) days of receipt of the invoice, unless otherwise agreed. Badgematic reserves the right to only offer the purchase on account payment method up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, Badgematic will inform the customer of a corresponding payment restriction in his payment information in the online shop.

4.7 If you select the purchase on account payment method, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid without deductions within 7 (seven) days of receipt of the invoice, unless otherwise agreed. Badgematic reserves the right to only offer the purchase on account payment method up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, Badgematic will inform the customer of a corresponding payment restriction in his payment information in the online shop. Badgematic also reserves the right to carry out a credit check when selecting the purchase on account payment method and to reject this payment method if the credit check is negative.

4.8 If you select the payment method “PayPal direct debit”, PayPal will collect the invoice amount from the customer’s bank account on behalf of Badgematic after a SEPA direct debit mandate has been issued, but not before the expiry of the deadline for advance information. Pre-notification is any communication (e.g. invoice, policy, contract) to the customer that announces a charge using SEPA direct debit. If the direct debit is not honored due to insufficient account funds or due to incorrect bank details being provided, or if the customer objects to the debit even though he is not authorized to do so, the customer must bear the fees resulting from the chargeback from the respective credit institution if he is responsible for this .

5. Special provisions for purchase contracts for goods

5.1. Delivery and shipping conditions

5.1.1 Goods are delivered by shipping to the delivery address specified by the customer, unless otherwise agreed.

5.1.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by Badgematic as a result. This does not apply with regard to the shipping costs if the customer effectively exercises his right of cancellation. If the customer effectively exercises the right of cancellation, the return costs will be subject to the regulations set out in Badgematic's cancellation policy.

5.1.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as Badgematic has delivered the item to the freight forwarder, the freight carrier or the person or institution otherwise designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold is generally only transferred when the goods are handed over to the customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold, even for consumers, passes to the customer as soon as Badgematic has delivered the item to the freight forwarder, the freight carrier or the person or institution otherwise designated to carry out the shipment, if the customer the freight forwarder, the freight carrier or the other person or institution designated to carry out the shipment has been commissioned to carry out the shipment and Badgematic has not previously named this person or institution to the customer.

5.1.4 Badgematic reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies in the event that the non-delivery is not the fault of the seller and the seller has concluded a specific cover transaction with the supplier with due care. Badgematic will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

5.1.5 In the case of self-collection, Badgematic first informs the customer by email that the goods they have ordered are ready for collection. After receiving this email, the customer can pick up the goods at Badgematic's headquarters after consultation with Badgematic. In this case, no shipping costs will be charged.

5.2 Retention of title

5.2.1 Badgematic reserves ownership of the delivered goods until the purchase price owed has been paid in full.

5.2.2 Badgematic reserves ownership of the delivered googs until all claims from an ongoing business relationship have been settled in full. 

5.2.3 If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the normal course of business. The customer assigns all resulting claims against third parties to Badgematic in advance in the amount of the respective invoice value (including sales tax). This assignment applies regardless of whether the reserved goods were resold without or after processing. The customer remains authorized to collect the claims even after the assignment. Badgematic's authority to collect the claims itself remains unaffected. However, Badgematic will not collect the claims as long as the customer meets his payment obligations to Badgematic, does not default on payment and no application has been made to open insolvency proceedings.

5.3. Liability for defects (warranty) If the purchased item is defective, the provisions of statutory liability for defects apply. Deviating from this:

5.3.1 If the customer acts as an entrepreneur, - Badgematic has the choice of the type of supplementary performance; - For new goods, the limitation period for defects is one year from delivery of the goods; - In the case of used goods, rights and claims due to defects are fundamentally excluded; - the statute of limitations does not begin again if a replacement delivery is made within the scope of liability for defects.

5.3.2 If the customer acts as a consumer, the following clause applies to used goods: Claims for defects are excluded if the defect only occurs after one year from delivery of the goods. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period.

5.3.3 The limitations of liability and reductions in deadlines regulated in the above paragraphs do not apply - to items that were used for a building in accordance with their normal use and caused its defectiveness, - to the customer's claims for damages and reimbursement of expenses, and - in the event that that Badgematic fraudulently concealed the defect.

5.3.4 Furthermore, for entrepreneurs, the statutory limitation periods for the right of recourse according to Section 445b BGB remain unaffected.

5.3.5 If the customer acts as a merchant within the meaning of § 1 HGB, he is subject to the commercial obligation to investigate and report complaints in accordance with § 377 HGB. If the customer fails to comply with the reporting obligations regulated there, the goods are deemed to have been approved.

5.3.6 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform Badgematic of this. If the customer does not comply with this, this will have no impact on his legal or contractual claims for defects.

6. Special provisions for purchasing a “Badge Designer” license

6.1. Object

6.1.1 Badgematic offers an online application called “Badge Designer” for paid use at the URL www.mybadge.de.

6.1.2. The customer can use various design functions via this online application and use them to design their own button motifs, save them and print them out independently on a horizontal printer. He can then produce his own buttons using a BADGE MATIC button machine or a comparable button machine.

6.1.3. As part of the design of the button motifs, the customer can upload their own material to the online application, which may enjoy copyright protection.

6.2. Acquisition and extension of the usage license

6.2.1 To use the online application, the customer requires an account and corresponding access data. To do this, he must purchase a paid usage license from the provider.

6.2.2 The purchase of the usage license is only permitted to persons of full age and full legal capacity, possibly acting legally as representatives of a company.

6.2.3. Each usage license is valid for a period of 6 consecutive months and ends automatically when it expires. An express termination on the part of the customer is not necessary.

6.2.4 After the 6 months have expired, the customer can only continue to use the Badge Designer if they extend their license before the end of the usage period. The extension is also valid for a period of 6 months. The license can be extended indefinitely.

6.2.5 If the provider's new terms and conditions are in force at the time of the extension, these will apply to the extended usage license.

6.2.6 If the provider has increased or reduced the usage fee at the time of the extension, the correspondingly increased or reduced usage fee is applicable to the renewal license.

6.2.7 If the license is not extended before the end of the usage period, the account will be suspended for a maximum of 12 months.

6.3 Provision of the user account

6.3.1 After the customer has purchased the license, the provider is obliged to immediately create an account for the customer and to provide him with the relevant access data within 5 days.

6.3.2 The six-month usage period begins on the day after transmission (e.g. access data sent on January 5th, term then from January 6th to July 6th).

6.3.3 The provider has the right to change, add to or remove individual modules of the online application at any time and to discontinue the online application completely.

6.3.4 In the event of the online application being completely discontinued, the provider must reimburse the customer pro rata for the usage fee. For this purpose, the usage fee paid is broken down into 26 weekly units. A refund will be made for all weekly units that have not yet been started at the time of hiring.

6.4 Rights to Customer Content

6.4.1 By uploading their own content to this online application, the customer grants the provider a non-exclusive and free-of-charge right to use and process the content in order to operate and maintain the Badge Designer as contractually intended.

6.4.2 To the extent permitted by law, Customer waives the exercise of any moral rights in connection with the content submitted to this Application.

6.5 Obligation to conduct lawfully

6.5.1 Each customer is fully responsible for all actions taken using their password or account.

6.5.2 The Customer accepts that the device(s) intended for using the Online Application and the relevant software (including operating systems) must be legal, commonly used, up-to-date and in accordance with current market standards.

6.5.3 This online application may only be used as intended and in accordance with these General Terms and Conditions and the applicable legal regulations.

6.5.4 It is expressly forbidden to use the Badge Designer to create and support racist opinions/symbols/slogans or world views that discriminate against minorities.

6.5.5 Each customer is responsible for ensuring that their use of this online application does not violate any legal regulations or third-party rights (e.g. trademark rights, copyrights, name rights, personal rights).

6.6 Measures in the event of unlawful behavior

6.6.1 The provider reserves the right to take all appropriate measures to protect its legitimate interests, e.g. to block or delete the customer's account and/or to terminate the usage license without notice, provided that the customer can demonstrably: - violates legal regulations or these general terms and conditions, - rights of third parties (e.g. trademark rights, copyrights, name rights, personal rights) are violated, - or significantly affects the legitimate interests of the provider

6.6.2 Due to the blocking or deletion of his user account, the customer will not have any claims for damages, indemnity or reimbursement.

6.6.3 The blocking or deletion of his account for reasons for which the customer is responsible does not release the customer from the obligation to pay the agreed usage fee.

6.6.4 Each customer is responsible for ensuring that their use of this online application does not violate any legal regulations or third-party rights (e.g. trademark rights, copyrights, name rights, personal rights). In the event of a violation of legal regulations, the provider reserves the right to report objectionable actions taking place via the Badge Designer to the responsible authorities - such as judicial or administrative authorities.

6.6.5 Each customer is responsible for ensuring that their use of this online application does not violate any legal regulations or third-party rights (e.g. trademark rights, copyrights, name rights, personal rights). The customer will indemnify the provider from all claims and claims that arise from third parties due to the customer's violation of these General Terms and Conditions or legal regulations.

6.7 Confidentiality

The customer must treat his access data confidentially and may not pass them on to third parties. He is obliged to inform the provider immediately if he becomes aware of the use of his account by a third party.

6.8 Deletion of inactive user accounts

The provider will delete user accounts that have not been active for a period of 12 consecutive months. This means that all motifs that were created with this user account will be lost. Users should therefore always save their button motifs locally.

6.9 Liability

6.9.1 The provider assumes no liability for the loss of motifs that have already been created. It is strongly recommended to save created motifs locally to prevent such possible loss.

6.9.2 The provider is only liable for simple negligence in the event of a violation of essential contractual obligations, i.e. the violation of obligations that grant the customer legal positions that he can expect based on the content, nature and purpose of this contract, and the fulfillment of which is essential for the proper execution of the contract made possible (“cardinal obligations”). This liability is limited to such typical damages and/or such typical extent of damages that were foreseeable at the time the contract was concluded. With regard to non-essential contractual obligations, the provider's liability is excluded in the event of slightly negligent breaches of duty.

6.9.3 The provider is fully liable for damages resulting from injury to life, body or health. He is also fully liable for damages that are based on a grossly negligent or intentional breach of duty by him or on a grossly negligent or intentional breach of duty by his legal representative or vicarious agent, as well as in other cases in which the liability - such as in particular due to fraudulent misrepresentation Assumption of a guarantee or according to the Product Liability Act (ProdHaftG) – is mandatory by law.

6.9.4 To the extent that the provider's liability is excluded or limited in these contractual conditions, this also applies to the personal liability for damages of its employees, employees, employees, representatives and vicarious agents, with corresponding exceptions also listed.

7. Special provisions for the processing of goods according to specific customer specifications

7.1 If, according to the content of the contract, Badgematic owes not only the delivery of the goods but also the processing of the goods according to the customer's specific specifications, the customer must provide Badgematic with all the content required for processing, such as texts, images or graphics, in the file formats, formatting, images and graphics specified by the seller to provide file sizes and to grant him the necessary usage rights. The customer is solely responsible for obtaining and acquiring rights to this content. The customer declares and assumes responsibility for having the right to use the content provided to Badgematic. In particular, he ensures that no third-party rights are violated, in particular copyright, trademark and personal rights.

7.2 The customer releases Badgematic from claims by third parties that they may assert against the customer in connection with a violation of their rights through the contractual use of the customer's content by Badgematic. The customer also assumes the appropriate costs of the necessary legal defense, including all court and legal fees at the statutory rate. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide Badgematic immediately, truthfully and completely with all information required to examine the claims and defend them.

7.3 Badgematic reserves the right to reject processing orders if the content provided by the customer violates legal or official prohibitions or common decency. This applies in particular to the provision of unconstitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content.

8. Special conditions for the repair of goods

If Badgematic is responsible for repairing something belonging to the customer according to the content of the contract, the following applies:

8.1 Repair services are provided at Badgematic’s headquarters.

8.2 Badgematic provides its services at its own discretion or through qualified personnel selected by it. Badgematic can also use the services of third parties (subcontractors) who work on its behalf. Unless Badgematic's service description states otherwise, the customer has no right to select a specific person to carry out the desired service.

8.3 The customer must provide Badgematic with all information necessary to repair the item, provided that obtaining it does not fall within Badgematic's scope of duties according to the content of the contract. In particular, the customer must provide Badgematic with a comprehensive description of the error and inform it of all circumstances that could be the cause of the identified error.

8.4 Unless otherwise agreed, the customer must ship the item to be repaired to Badgematic's headquarters at his own expense and risk. Badgematic recommends that the customer take out transport insurance for this purpose. Badgematic further recommends that the customer send the item in suitable transport packaging in order to reduce the risk of damage during transport and to conceal the contents of the packaging. Badgematic will inform the customer immediately of any obvious transport damage so that the customer can assert any rights they may have against the transporter.

8.5 The item will be returned at the customer’s expense. The risk of accidental loss and accidental deterioration of the item passes to the customer when the item is handed over to a suitable transport person at Badgematic's place of business. At the customer's request, Badgematic will take out transport insurance for the item.

8.6 The customer can also take the item to be repaired to Badgematic's headquarters and pick it up again if this is stated in Badgematic's service description or if the parties have made a corresponding agreement on this. In this case, the above regulations regarding the assumption of costs and risks when shipping and returning the item apply accordingly.

8.7 The aforementioned regulations do not limit the customer's statutory defect rights in the event of purchasing goods from the seller.

8.8 Badgematic is liable for defects in the repair service provided in accordance with the provisions of statutory liability for defects.

9. Redeeming promotional vouchers

9.1 Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and which cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the Badgematic online shop and only during the specified period.

9.2 Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.

9.3 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent billing is not possible.

9.4 Only one promotional voucher can be redeemed per order.

9.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

9.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to pay the difference.

9.7 The balance of a promotional voucher will neither be paid out in cash nor interest.

9.8 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.

9.9 The promotional voucher is transferable. Badgematic can make payments with a discharging effect to the respective holder who redeems the promotional voucher in the Badgematic online shop. This does not apply if Badgematic has knowledge or grossly negligent ignorance of the lack of authorization, incapacity or lack of authorization to represent the respective owner.

10. Redemption of Gift Vouchers

10.1 Vouchers that can be purchased via Badgematic's online shop (hereinafter "gift vouchers") can only be redeemed in Badgematic's online shop, unless the voucher states otherwise.

10.2 Gift vouchers and remaining balance of gift vouchers can be redeemed until the end of the third year following the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiry date.

10.3 Gift vouchers can only be redeemed before completing the ordering process. Subsequent billing is not possible.

10.4 Only one gift voucher can be redeemed per order.

10.5 Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.

10.6 If the value of the gift voucher is not sufficient to cover the order, you can choose one of the other payment methods offered by the seller to settle the difference.

10.7 The balance of a gift voucher will neither be paid out in cash nor interest.

10.8 The gift voucher is transferable. Badgematic can make payments with a discharging effect to the respective holder who redeems the gift voucher in the Badgematic online shop. This does not apply if Badgematic has knowledge or grossly negligent ignorance of the lack of authorization, incapacity or lack of authorization to represent the respective owner.

11. Applicable Law

The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

12. Jurisdiction

If the customer acts as a merchant, a legal entity under public law or a special fund under public law based in the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is Badgematic's registered office. If the customer is based outside the territory of the Federal Republic of Germany, Badgematic's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, Badgematic is in any case entitled to appeal to the court at the customer's registered office.

13. Code of Conduct

Badgematic has subjected itself to the Trusted Shops quality criteria, which can be viewed on the Internet at https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf. 

14. Online dispute resolution

The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved. The seller is neither obliged nor willing to take part in a dispute resolution procedure before a consumer arbitration board.