Customer claim (complaint) submission and examination procedure of UAB Pervesk

1. I. General provisions

   1. 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).
   2. 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, Republic of Lithuania Law on Customer Protection, 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).
   3. Purpose of the procedure is to organise the customer claim management process in a fair, efficient and appropriate manner.
   4. Definitions used in the Procedure:
      1. response – a written response to the questions and/or requirements raised by the applicant;
      2. 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;
      3. customer – a natural or legal person to whom the Company provides payment services;
      4. partners – legal entities or natural persons, which:
         1. are allowed to provide payment services on behalf of the Company and distribute or redeem e-money (Agents). You can find their list on the Bank of Lithuania’s website: www.lb.lt/pervesk.
         2. are allowed to distribute or redeem e-money of the Company. You can find their list on the Bank of Lithuania’s website: www.lb.lt/pervesk.
         3. allows the Company to use its trademark, website, or application, or provides conditions of offering the Company’s services in other ways, including technical means to access the Company’s services.
         4. applicant – an existing or potential customer (or his representative) who believes that the Company has violated his rights or legitimate interests arising from the contract concluded with the Company or related relationships due to the fin services provided to him directly or through partners, and who has submitted a claim (complaint) on the relevant grounds;
         5. claim (complaint) – a written communication from the applicant, in accordance with the procedure established in this Procedure, which indicates that the rights of an applicant 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;
         6. claim (complaints) registration log – a computer-based document registration system for recording the incoming customer claims (complaints);
         7. 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;
         8. consumer – a natural person who acts for purposes other than his or her business, trade or professional activities;
      5. This Procedure does not apply if:
         1. 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;
         2. The Company is not responsible for the execution of the activities specified by the applicant in its claim (complaint).
   5. In the case referred to in paragraph 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.
   6. Claims (complaints) concerning the Company’s partners are investigated by the Company. The Company ensures that its partners, upon receiving the applicant’s claim (complaint), will properly comply with the requirement specified in item 1.6 of this Procedure and provide the applicant with information about the payment service provider responsible for handling their claim (complaint) – the Company – along with a reference to this Procedure, so that the applicant can properly submit the claim (complaint).
   7. 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.
   8. This Procedure is published on the Company's website www.pervesk.lt and on the websites of all the Company's partners, e.g. www.bankera.com.

2. II. Submission of claims (complaints)

   1. The customer can submit a claim (complaint) by e-mail [email protected] or [email protected], or by an online banking message.
   2. The customer can also submit a claim (complaint) by using the European Online Dispute Resolution platform (direct link: es.europa.eu).
   3. 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.
   4. When submitting a claim (complaint), the applicant must specify:
      1. their full name/company name;
      2. address;
      3. date of filing the claim (complaint);
      4. the substance matter of the claim (complaint), i.e. what rights of a applicant or the interests protected by law were potentially violated;
      5. his requirements against the Company;
      6. other available documents related to the claim (complaint), if necessary;
      7. contact phone number and/or email.
   5. If the claim (complaint) is not submitted by an online banking message, but by the other channels referred to in paragraph 2.of this Procedure, the claim (complaint) must be signed in such a way that the Company is able to identify the applicant.
   6. If at least one of the required details referred to in paragraph 2.4 is not specified or the applicant does not comply with the requirements of paragraph 2.5, the Company shall have the right to supplement the request of the claim (complaint).
   7. 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 paragraph 2.4.
   8. 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.
   9. 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. III. Examination of claims (complaints)

   1. Incoming claims are recorded in a claim (complaint) registration log that contains the following verified data:
      1. name/surname or business name of the applicant; 2. address of the applicant indicated in the claim (complaint); 3. date and method of receipt of the claim (complaint); 4. substance matter of the claim (complaint) (brief content); 5. the Company’s services or products, their types complained; 6. date of the response submission to the applicant; 7. final outcome of investigation of the claim (complaint) (decision).
      2. The claim (complaint) will not be accepted, registered, or processed if:
         1. the claim (complaint) does not meet the requirements of paragraphs 2.1-2.9 regarding the order of the submission of the claim (complaint) and contents of the claim (complaint);
         2. 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.
      3. 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.
      4. Claims (complaints) are examined in Lithuanian or English, depending on the language of the claim (complaint).
      5. The applicant's claim (complaint) will be examined and the response 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.
      6. In exceptional cases, where a claim (complaint) cannot be dealt with within the time limits specified in paragraph 3.5 of this Procedure, the Company's authorised person must inform the applicant, indicate the circumstances of the late response 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.
      7. 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.
      8. All responses 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.
      9. After examining the claim (complaint), a written decision of the Company shall be provided to the applicant in the manner specified in paragraph 3.8 of this Procedure.
      10. The decision of the Company in which the decision is submitted to the applicant, where his claim (complaint) is fully rejected or partially accepted, the grounds for rejection of the claim (complaint) are indicated, and other remedies are notified to the applicant.
      11. A decision by the Company on the claim (complaint) lodged by the applicant shall be submitted to the applicant in accordance with the time limits specified in this Procedure by email specified by the applicant, unless a different method of submission is indicated in the claim (complaint) (e.g. sending response by email). If the decision of the Company is sent at the email address provided by the applicant, it is deemed to have been received by the applicant on the next business day.
      12. 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 response given to the applicant and other correspondence for 5 years from the date of submission of the final response to the applicant.
      13. Repeated claims (complaints) are not investigated, unless they reflect new circumstances which constitute the basis of the request.
      14. The examination of Customer claims (complaints) is free of charge.

4. IV. Final provisions

   1. If the applicant is a consumer – a natural person who has submitted a claim (complaint) regarding the payment services provided by the Company and disagrees with the decision indicated in the Company’s response, or has not received a response within 15 (fifteen) working days from the submission of the claim (complaint) (when the claim (complaint) was submitted in accordance with the requirements specified in this Procedure), they have the right to refer the matter to the non-judicial body of consumer disputes – the Bank of Lithuania – within 1 (one) year from the submission of the claim (complaint), in accordance with the procedures established by the Law on the Bank of Lithuania and Law on Customer Protection.
   2. Customers whose rights may have been violated can defend their potentially violated rights in the competent court of the Republic of Lithuania.
   3. If the requirements of the claim (complaint) submitted by the applicant are either fully rejected or partially accepted, the response must inform the applicant of their right to other means of protecting their interests, as outlined in paragraphs 4.1 and 4.2 of this Procedure.
   4. 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.
   5. This Procedure is approved by the order of the Director of the Company. The Company’s Legal Division is responsible for the implementation of the provisions of this Procedure, periodic inspections and evaluation of its effectiveness.