Complaints and disputes policy

TBF FINANCE, UAB COMPLAINTS AND DISPUTES POLICY

This Complaints and Disputes Policy is valid from 28th of May 2019

DEFINITIONS
GENERAL
HOW TO MAKE COMPLAINT OR DISPUTE CLAIM
INFORMATION REQUIRED TO MAKE COMPLAINT OR DISPUTE CLAIM
COMPLAINTS AND DISPUTE CLAIMS HANDLING TIME LIMITS
THE FINAL RESPONSE ISSUED BY THE COMPANY
FURTHER CLAIMS OF DISSATISFACTION OF THE COMPANY DECISION

1. DEFINITIONS

1.1. Company (hereinafter also referred to as “we,” “our,” or “us”) stands for TBF Finance, UAB, registration No. 304483528, registered office address: Konstitucijos ave. 21A, Vilnius, Republic of Lithuania.

1.2. Business Day stands for a day as specified by the Company on which the Company is open for business in Lithuania.

1.3. Dispute stands for a written application made by Customers regarding non-compliance with the terms of an agreement between the Customer and the Company in relation to the Services provided by the Company.

1.4. Complaint stands for a written application made by Customers regarding non-performance of the Company, incidents and security-related issues and/or violation of the rights or legal interests of the Customers related to non-compliance with legal acts applicable to a financial market participant in relation to the Services provided by the Company.

1.5. Customer (hereinafter also referred to as “you,” or “your”) means a natural person (private) or legal person (corporate business) whom the Company provides Services to.

1.6. Services means opening of merchant accounts for collection of payments by accepting of payment cards in the E-shop and/or other Payment services as defined by the Law of Payments of the Republic of Lithuania and for which the Company holds a license from the supervisory authority.

1.7. System stands for any kind of software of the Company where the Customer is registered in order to use the Services provided by the Company.

2. GENERAL

2.1. Disputes and Complaints Policy (hereinafter also referred to the Policy) has been drawn up and is implemented in accordance with the requirements of the Law on Payments, Law on Payment Institutions and other related legislative acts and regulations of the Republic of Lithuania.

2.2. The Policy is applicable to all kinds of the Disputes and Complaints in relation to the Services provided by the Company.

2.3. The Policy sets out how the Complaints and Disputes claims are submitted by the Customers, how the Complaints and Disputes claims are considered and settled by the Company and how the feedback is provided to the Customers regarding Complaints and Disputes claims received.

2.4. Special conditions can be included in agreements and other agreements governing legal relations between the Customer and the Company. There might be specific provisions applicable to the certain issues, e.g. personal data protection, regulated by the corresponding police of the Company. Nevertheless, you have a right to follow this Policy in submitting Complaints and Disputes claims for whatever issue.

2.5. The Company is entitled to unilaterally amend the Policy, in accordance with the applicable laws and regulations, as well as amendments to the Company’s strategy, operations or external conditions influencing its operations. The actual version of the Policy is available online on the website https://tbffinance.com/.

3. HOW TO MAKE COMPLAINT OR DISPUTE CLAIM

3.1. Complaints and Dispute Claims should be communicated to the Company in the first instance by contacting the Customer Support Team:

3.1.1. by writing an email to info@tbffinance.com.

3.1.2. via post by sending a letter to the legal address of the Company Konstitucijos pr. 21A, Vilnius, LT-08130.

3.2. The Customer needs to state in the subject of letter/ email that he is willing to make a Complaint, a Dispute claim or a request, so the Company can distinguish the Complaints and Dispute Claims from the regular queries.

3.3. For the letter correspondence we kindly advice you to provide us the notification by email allowing us to send to you the receipt conformation and to avoid misunderstanding regarding the moment the letter correspondence is received by us.

3.4. The Company accepts the correspondence and notices in English, Lithuanian, Russian or Latvian languages only.

3.5. Each Complaint or the Dispute claim of the Customer shall be registered by the Company, and the reference number will be assigned to it. The Company will maintain the current state of every registered entry.

3.6. The Complaint or the Dispute claim of the Customer is deemed to be received and registered by the Company when:

3.6.1. the Company sends a confirmation email to the Customer;

3.6.2. the Company receives and registers the correspondence letter.

3.7. The Company shall keep the register, related correspondence and supporting documents for at least 5 years, except in cases where the Law on Prevention of Money Laundering and Terrorist Financing and other legal acts of the Republic of Lithuania prescribe longer retention periods for such data.

3.8. The Complaints or the Dispute claims of the Customers are investigated free of charge.

4. INFORMATION REQUIRED TO MAKE COMPLAINT OR DISPUTE CLAIM

4.1. The Company needs clearly understand the nature and details of Customer’s Complaints and Dispute claims. Please make sure that the Company receives the following information:

4.1.1. Customer number or account number in the System if applicable;

4.1.2. Customer‘s name: legal person’s name and legal representative’s name and surname or natural person’s name and surname;

4.1.3. An e-mail address, legal or actual business address (for the letter correspondence) and a daytime telephone number where the Customer can be reached at;

4.1.4. A clear description of the circumstances of the Complaint and Dispute claim submitted;

4.1.5. All the evidence available to Customer and copies of any relevant documents the Customer may provide.

4.2. The Company reserves a right to decline accepting the Complaint and Dispute claim by notifying the Customer if possible, when:

4.2.1. The significant information requested by paragraphs 4.1.1 to 4.1.2 and needed for proper consideration or identification of the applicant is missing;

4.2.2. Any of the identification information of the applicant as stated in paragraphs 4.1.1 to 4.1.3 does not match the Company’s records.

4.3. In case of doubt and when the confidential information or personal data is affected the Company reserves a right to request the applicant for the addition authentication according to the one required by the terms and conditions of the Services provided by the Company.

5. COMPLAINTS AND DISPUTE CLAIMS HANDLING TIME LIMITS

5.1. The Company will do the best to resolve Customer’s Complaint or Dispute claim as soon as possible. The Company investigates the Complaints and Dispute claims accepted no later than within 15 Business Days from the receipt/accepting date.

5.2. The Company will notify the applicant on non-accepted Complaint or Dispute claim due to violation of the requirements of this Policy within 2 Business Days from the receipt day, in case it is possible.

5.3. In cases when the Company cannot give the response within the time set in paragraph 5.1 due to reasons beyond Companies control, the Company has the right to provide the Customer with an interim (i.e. non-final) response, by clearly stating the reasons for the delay in the final response. In any case the final response must be provided no later than within 35 Business Days from the receipt of the Customer’s Complaint or Dispute claim.

5.4. The Customer undertakes to provide to the Company additional information and clarifications within 5-10 Business Days from the Company’s request. If the Customer fails to provide the requested data allowing the Company to settle Complaint or Dispute claim within 35 Business Day the Company provides the Customer the final report based on the information available to it and close the case.

5.5. After the case is closed the reconsideration is possible only by submitting by the Customer a new Complaint or Dispute claim for which the new handling time limits apply. The Company reserves a right to decline accepting the recurring Complaint and Dispute claim if:

5.5.1. It is non-compliant with the provisions of this Policy;

5.5.2. The Customer fails to provide the Company on time all the information requested and necessary to settle the Complaint and Dispute claim;

5.5.3. After the third application received consequentially for which the Company already has performed an investigation and has issued the final response.

6. THE FINAL RESPONSE ISSUED BY THE COMPANY

6.1. For any accepted Complaint or Dispute claim the Company has reviewed, the written response will be send to the Customer by the mean the initial correspondence was received or to the Customer’s e-mail, if agreed by the Customer, explaining:

6.1.1. what was found;

6.1.2. what the Company plans to do as a result; and

6.1.3. why such decision was made by the Company.

7. FURTHER CLAIMS OF DISSATISFACTION OF THE COMPANY DECISION

7.1. If the response given on the Complaint or Dispute claim to the Customer does not satisfy the Customer, or in case such response was not given within the timeframes set above, the Customer has the right to bring the claim to the courts of the Republic of Lithuania.

7.2. In case you are a Consumer as defined in the Law on the Protection of the Rights of Consumers of the Republic of Lithuania, you have a right in writing on via e-mail to submit a complaint or request to the Bank of Lithuania within 1 year from the submission of the Complaint to the Company: the Supervision Service of the Bank of Lithuania, Žirmūnų St. 151, LT-09128 Vilnius, pt@lb.lt, www.lb.lt.

7.3. The complaint or request to the Bank of Lithuania above must be submitted in accordance to the Law on the Bank of Lithuania of the Republic of Lithuania or the Law on the Protection of the Rights of Consumers of the Republic of Lithuania.