Customer claim (complaint) submission and examination procedure of UAB Pervesk
1. General provisions
Customer claim (complaint) submission and examination Procedure of UAB Pervesk (hereinafter the Company) (hereinafter the Procedure) establishes the procedure for acceptance, registration, examination of customer claims (complaints) related to the services provided by the Company and/or contracts concluded with customers, responses to customers and decisions on these claims (complaints).
The Procedure has been prepared in accordance with the Republic of Lithuania Law on Payments, the Republic of Lithuania Law on Electronic Money and Electronic Money Institutions, Resolution of the Board of the Bank of Lithuania of 6 June 2013 "On the adoption of the rules for the handling of complaints by financial market participants", No. 03-105 and Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).
Purpose of the procedure is to organise the customer claim management process in a fair, efficient and appropriate manner.
Definitions used the Procedure:
answer/reply - a written reply to the questions and/or requirements raised by the applicant;
exceptional case – between the Company and its services and/or the Contracting Party to the Company's contracts creates an atypical situation which requires additional documents and/or explanations in an objectively investigated manner;
customer – a natural or legal person to whom the Company provides financial services;
applicant – the complainant in respect of the services provided by the Company and/or the Contract concluded with the Company, i.e. the existing or potential customer of the Company or his representative;
claim (complaint) – a written communication from the applicant, in accordance with the specified procedures, which indicates that the rights of a person or a legitimate interest relating to the provision of services by the Company or its contracts have been infringed, and to satisfy the applicant's requirements;
claim (complaints) registration log – a computer-based document registration system for recording the incoming customer claims (complaints);
claim (complaints) management process – the actions of the Company's employees in connection with the claim (complaint) handling, registration, examination, informing the applicant, etc. The complaint handling process is separate from the litigation management process;
consumer – a natural person who acts for purposes other than his or her business, trade or professional activities.
This Procedure does not apply if:
The applicant's claim (complaint) indicates activity of the Company is not regulated by the Law of the Republic of Lithuania and the laws of the European Union and unsupervised by the supervisory authority of the Republic of Lithuania – the Bank of Lithuania;
The Company is not responsible for the execution of the activities specified by the applicant in its Claim (Complaint).
In the case referred to in point 1.5.2 of this Procedure, the Company which received the Claim (Complaint) is obliged to reply to the applicant, stating the grounds for refusing to receive the claim (complaint), and, where possible, indicating to the applicant his claims (complaints) the financial market participant responsible.
Claims (complaints) concerning the Company's agents are investigated by the Company, ensuring that its agents will properly comply with the requirement specified in item 1.6 of this Procedure.
The provisions of this Procedure relating to the out-of-court dispute settlement procedures shall apply insofar as they are in line with other provisions governing out-of-court settlement procedures of consumer disputes which the Consumer starts against the Company.
A claim (complaint) may be submitted in person by the customer or through a representative whose powers have been approved in accordance with the procedure established by the laws of the Republic of Lithuania.
When submitting a Claim (Complaint), the applicant must specify:
their full name/company name;
date of Filing the claim (complaint);
the substance matter of the Claim (Complaint), i.e. what rights of a person or the interests protected by law were violated;
his requirements against the Company;
other available documents related to the claim (complaint), if necessary;
contact phone number and/or email;
If at least one of the required details referred to in item 2.4 is not specified, the Company shall have the right to supplement the request of the claim (complaint).
If the claim (complaint) is filed by the customer's representative, the claim (complaint) must be accompanied by documents confirming the identity and proof of representation. In the claim (complaint), the customer's representative must indicate both the customer's and his details in accordance with clause 2.4.
The Customer shall apply to the Company, in respect of the violation of his rights or legal interests protected by law, no later than 3 months from the date on which he became aware or ought to have been aware of the violation of his rights or the interests protected by law.
Claims (Complaints) with defamatory, insulting contents, or in violation of moral norms, and which incite national, racial, religious or social strife, coercion, and discrimination are not dealt with (the applicant is informed of the contact details provided).
3. Examination of claims (complaints)
Incoming claims are recorded in a Claim (Complaint) Logbook that contains the following verified data:
the family name or business name of the applicant;
address of the applicant indicated in the claim (complaint);
date and method of receipt of the claim (complaint);
substance matter of the claim (complaint) (brief content);
the Company's services or products, their types complained;
date of reply to the applicant;
final outcome of investigation of the claim (complaint) (decision).
The Claim (Complaint) is not accepted, not registered and/or dealt with if:
the claim (complaint) does not meet the requirements of clauses 2.1-2.8 regarding the order of the submission of the claim (complaint) and the contents of the claim (complaint);
the claim (complaint) contains incomplete, illegible or incomprehensible content information. Whenever possible, the responsible employee of the Company must ask for clarification of the information.
The Customer's claim (complaint) is examined in accordance with the laws of the Republic of Lithuania and the European Union, the principles of respect for human rights, fairness, integrity, reasonableness, objectivity, impartiality and operability.
Claims (complaints) are examined in Lithuanian or English.
The applicant's claim (complaint) will be examined and the answer is provided within 15 business days of receipt and registration of the claim (complaint), unless further documents or information are required to investigate the claim (complaint) or any other provisions related to the Company’s services, provide for a different term. In the case where further documents and/or information are required for the purpose of the claim(complaint) proceedings, the time limit begins to run on the date of the submission of additional documents and/or information to the Company.
The consumer’s claim (complaint) will be examined and the reply is provided no later than 15 business days after receipt of the claim (the complaint), unless it is necessary to examine the claim (s) for additional documents or Information, or if other provisions applicable to the Company related to the services provide a different term. In the case where further documents and/or information are required for the purpose of the claim(complaint) proceedings, the time limit begins to run on the date of the submission of additional documents and/or information to the Company.
In exceptional cases, where a claim (complaint) cannot be dealt with within the time limits specified in points 3.5 and 3.6, the Company's authorised person must inform the applicant, indicate the circumstances of the late reply and the time limit may not be more than 35 business days before the claim (complaint) is examined and a final decision on the claim (complaint) submitted to the applicant is pending.
Claims (complaints) regarding payment services and their performance, whether related to fraud or the circumstances of which would immediately cause serious harm to the customer, are dealt with as a matter of priority and the Company will endeavour to respond to them as soon as possible.
All answers shall be provided to the applicant in the same form in which he/she applied, unless the applicant instructs to answer in a different way and that method is acceptable to the Company.
After examining the claim (complaint), a written decision of the Company shall be provided to the applicant in the manner specified in Clause 3.9.
The decision of the Company in which the decision is submitted to the applicant, where his claim (complaint) is not met in part or in full, the grounds for rejection of the claim (complaint) are indicated, and other remedies are notified to the applicant.
A decision by the Company on the claim (complaint) lodged by the applicant claim (complaint) shall be submitted to the applicant in the claim (complaint) by email within the time limits specified by the applicant, unless a different method of submission is indicated in the claim (complaint) (e.g. sending an answer by mail.) The decision of the Company is sent at the address provided by the applicant, it is deemed to have been received by the applicant on the next business day.
In view of the commitments related to the prevention of money laundering and terrorist financing, the Company shall keep the Claims (Complaints) of the applicants, the material relating to their investigation, the document containing specific Claims (Complaints), the reply given to the applicant and other correspondence for 5 years from the date of submission of the final reply to the applicant.
Repeated claims (complaints) are not investigated, unless they reflect new circumstances which constitute the basis of the request.
The examination of Customer Claims (Complaints) is free of charge.
4. Final provisions
The applicant, who considers that his claim (complaint) has been incorrectly evaluated, shall have the right to refer the matter to the competent court of the Republic of Lithuania or, if the applicant is a consumer, to a non-judicial body of consumer disputes by the Bank of Lithuania – the Law of the Bank of Lithuania and procedures of the Law on Consumer Protection. This right of the consumer must be indicated in the response provided to the customer.
In the event that a consumer's claim (complaint) is filed due to unauthorised access to data stored in his Company's systems, the claim (complaint) shall be dealt with only to the extent within the competence of the Company. In any event, the person responsible for dealing with Claims (Complaints) must inform the staff member responsible for the safety of the Company IT systems and/or the third party who would evaluate Claim (Complaint) within the context of information system security (cyber security). In other cases, the consumer must contact the appropriate law enforcement authorities in accordance with the laws of the Republic of Lithuania.
This Procedure is approved by the order of the Director of the Company. The Company's Head of Compliance is responsible for the implementation of the provisions of this Procedure, periodic inspections and evaluation of its effectiveness.
Era Finance Ltd is a registered agent of Pervesk UAB which is an electronic money institution authorised by the Central Bank of Lithuania (Licence No. 17) for the issuing of electronic money and payment instruments.
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