1. GENERAL PROVISIONS
1.1. The rules for filing and processing the Customer's Claims (Complaints) (hereinafter referred to as the "Rules") determine the requirements for filing, processing, and responding to the Customer's Claims (Complaints).
1.2. The Rules have been prepared in accordance with the Law on Payments of the Republic of Lithuania, the Law on Electronic Money and Electronic Money Institutions of the Republic of Lithuania and "the Rules of the Procedure for the Out of Court Settlement in the Bank of Lithuania of Disputes between Consumers and Financial Market Participants", approved by Resolution No. 03-23 of the Board of the Bank of Lithuania on 26 January 2012.
1.3. The purpose of the Rules is to organize the process of the Customer's Claims (Complaints) management in a fair, efficient and proper manner.
1.4. General Terms:
"Claim (Complaint)": a written request submitted by the Customer to the Company, where the Customer indicates that the rights or legitimate interests of the person, related to the services provided by the Company or concluded agreements, have been violated, and requests to meet his/her requirements;
"Claims (Complaints) Examination": the activity of employees of the Company, including acceptance and registration of the Claims (Complaints), issue determination, preparation of a response and its provision to the Customer;
"Claims (Complaints) Register": a computer based document registration system for recording the incoming Customers' Claims (Complaints);
"Company": Wittix, UAB, legal entity code 304900982; Electronic money institution licence No. 48, issued on 30 May 2019 (issued by the Bank of Lithuania), having its registered office at Lvivo str. 25-104, LT-09320, Vilnius, Lithuania;
"Consumer": a natural person who acts for purposes other than his or her business, trade or professional activities;
"Customer": a natural or legal person who has registered in the Company's system and created an account;
"Reply": a written response to the Customer's questions and/or demands.
1.5. The Rules do not apply if:
(a) the Claim (Complaint) indicates an activity of the Company that is not regulated by the laws of the Republic of Lithuania and the laws of the European Union, and is unsupervised by the Bank of Lithuania;
(b) the Company is not responsible for the execution of the activities specified by the Customer in their Claim (Complaint).
1.6. In the event referred to in clause 1.5.(b) of these Rules, the Company is obligated to reply to the Customer, stating the grounds for refusing to receive the Claim (Complaint).
1.7. The Claims (Complaints) concerning the Company's agents (if any) are investigated by the Company, ensuring that its agents will properly comply with the requirement specified in clause 1.6. of these Rules.
1.8. The provisions of these Rules 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.
1.9. These Rules are published on the Company's website wittix.com
2. SUBMISSION OF CLAIMS (COMPLAINTS)
2.1. The Customer may submit the Claim (Complaint) by e-mail he[email protected] or by filling a form on the Company's website wittix.com/contact.
2.2. The 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.
2.3. When submitting the Claim (Complaint), the Customer must specify:
(a) their name, surname or company name;
(b) the address of the Customer;
(c) the date of filing the Claim (Complaint);
(d) the essence of the Claim (Complaint), i.e. the person's rights or legitimate interests that have been violated;
(e) the Customer's requirements to the Company;
(f) other available documents related to the Claim (Complaint), if necessary;
(g) the applicant's contact phone number and/or email.
2.4. If at least one of the required details referred to in clause 2.3. of these Rules is not specified, the Company shall have the right to request the Customer to complete the Claim (Complaint).
2.5. 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 2.3. of these Rules.
2.6. 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 (three) 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.
3. EXAMINATION OF CLAIMS (COMPLAINTS)
3.1. The Claims (Complaints) received are recorded in the Claims (Complaints) Register that contains the following verified data:
(a) the Customer's name, surname or company name;
(b) the address indicated in the Claim (Complaint);
(c) the date and method of receipt of the Claim (Complaint), name of the employee who has accepted the Claim (Complaint);
(d) the substance matter of the Claim (Complaint) (brief content);
(e) the Company's service or its part which is the subject of the Claim (Complaint);
(f) the date of the Reply to the Customer;
(g) the final result of the Claims (Complaints) Examination (decision).
3.2. The Claim (Complaint) is not accepted, not registered and/or dealt with if:
(a) the Claim (Complaint) does not meet the requirements of clauses 2.1., 2.3., 2.5. and clause 3.4. of these Rules;
(b) the Claim (Complaint) contains incomplete, illegible or incomprehensible content or information. Whenever possible, a responsible employee of the Company must ask for clarification of the provided information.
3.3. The Customer's Claim (Complaint) is examined in accordance with the laws of the Republic of Lithuania, the principles of respect for human rights, fairness, integrity, reasonableness, objectivity, impartiality and operability.
3.4. The Claims (Complaints) shall be received and examined in English.
3.5. In the event when the Customer is the Consumer, the Claim (Complaint) will be examined and the Reply provided within 15 (fifteen) 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 event when further documents and/or information are required for the purpose of the Claim(Complaint) proceedings, the 15 (fifteen) days' period commences on the date of the submission of additional documents and/or information to the Company.
3.6. In the event when the Consumer's Claim (Complaint) cannot be dealt with within the time limits specified in clause 3.5. of these Rules, the Company's authorised person shall provide the Consumer with a non-final response, indicating the reason for the delay and the deadline for submitting the answer. Either way, the deadline for providing the final answer shall not exceed 35 (thirty five) business days.
3.7. In the event when the Customer is not the Consumer, the Company shall examine the Claim (Complaint) not later than within 30 (thirty) days of its receipt, unless a different time limit is determined by the relevant additional documents, or information, or other mandatory acts related to services of the Company (e.g. payment card rules of international organizations).
3.8. The 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.
3.9. The Replies to the Customer shall be provided via the same channel the Claim (Complaint) has been received, unless otherwise indicated by the Customer.
3.10. After the Claim (Complaint) has been examined, the decision as to its reasonableness shall be put in writing, i.e. the Customer is provided with a written response.
3.11. When the Claim (Complaint) is not satisfied or is satisfied partially, the reasons for the refusal to satisfy the Claim (Complaint), as well other remedies, including but not limited to possible dispute resolution means and rights, shall be indicated in a response to the Customer.
3.12. In view of the commitments related to the prevention of money laundering and terrorist financing, the Company shall keep the Claims (Complaints) of the Customers, the material relating to their investigation, the document containing the specific Claims (Complaints), the reply given to the Customer and other correspondence for 5 (five) years from the date of submission of the final reply to the Customer.
3.13. The repeated Claims (Complaints) are not investigated, unless they reflect new circumstances which constitute the basis of the request.
3.14. The examination of the Customer's Claims (Complaints) is free of charge.
4. FINAL PROVISIONS
4.1. If the Customer is not satisfied with the decision made by the Company, the Customer shall have the right to use other legitimate remedies and to refer the matter to the competent court of the Republic of Lithuania or, if the applicant is the Consumer, to submit a complaint to the Bank of Lithuania, in the order stipulated by the Law on the Bank of Lithuania, the Law on Consumer Protection, and the Rules of the Procedure for the Out of Court Settlement in the Bank of Lithuania of Disputes between Consumers and Financial Market Participants, approved by Resolution No. 03-23 of the Board of the Bank of Lithuania of 26 January 2012, as follows:
(a) by completing the consumer application form and sending it to the Financial Market Supervision Service of the Bank of Lithuania, Žalgirio str. 90, LT-09303, Vilnius, email: [email protected];
(b) by filing out a free-form application and sending it to the Financial Market Supervision Service, Žalgirio str. 90, LT-09303, Vilnius, email: [email protected];
(c) if the dispute is not settled amicably or through other means of out-of-court settlement of disputes, the dispute shall be resolved in court according to the headquarters of Wittix as provided by the procedure established by the laws.