Complaint handling policy

I. Introduction

1.1. These Complaints Handling Rules (the Rules) explain how UAB Lux International Payment System (the Company) receives, examines and responds to complaints submitted by clients or other persons in relation to the services provided by the Company or agreements concluded with the Company.

 

1.2. These Rules have been prepared in accordance with the Law on Electronic Money and Electronic Money Institutions of the Republic of Lithuania, Resolution No 03-105 of the Board of the Bank of Lithuania of 6 June 2013 Regarding the Approval of the Rules on Handling Complaints Received by Financial Market Participants, as amended from time to time, and other applicable legal acts of the Republic of Lithuania.

 

1.3. The purpose of these Rules is to provide clear, accurate and up-to-date information on the Company’s complaints handling process and to ensure that complaints are handled fairly, efficiently, objectively and free of charge.

 

1.4. These Rules apply to complaints relating to the services provided by the Company and/or agreements concluded with the Company. These Rules do not apply where:

  1. the complaint concerns activities which are not regulated by special laws or are not subject to the supervision of the Bank of Lithuania; or
  2. the Company is not responsible for the activity, service, product or circumstances specified in the complaint.

 

1.5. If, after assessing the complaint, the Company determines that the complaint does not fall within the scope of these Rules, the Company shall inform the complainant accordingly and, where possible, provide relevant information on further possible steps or competent institutions.

 

1.6. For the purposes of these Rules:

  1. Company means UAB Lux International Payment System.
  2. Complaint means a written request submitted to the Company by a complainant stating that the complainant’s rights or legitimate interests related to the services provided by the Company or agreements concluded with the Company may have been violated and requesting that the complainant’s issue be resolved.
  3. Complainant means a client or another person who submits a complaint to the Company.
  4. Durable medium means any instrument which enables the complainant to store information addressed personally to the complainant in a way accessible for future reference for a period adequate for the purposes of the information and which allows the unchanged reproduction of the information stored.
  5. Business day means a business day in the Republic of Lithuania.
  6. Any terms not explicitly defined in these Rules shall be understood and interpreted in accordance with the applicable laws of the Republic of Lithuania.

 

1.7. The Company handles complaints free of charge.

II. Submitting a Complaint and Requirements for the Complaint

2.1. A complainant who believes that the Company has violated the complainant’s rights or legitimate interests in relation to the services provided by the Company or agreements concluded with the Company may submit a written complaint to the Company.

 

2.2. A complaint may be submitted to the Company in writing using one of the following channels:

  1. in person at the Company’s office at Savanorių pr. 7, Vilnius, Republic of Lithuania;
  2. by post to the Company’s office at Savanorių pr. 7, Vilnius, Republic of Lithuania;
  3. by email to [email protected] or support@luxpay.
  4. through other remote communication channels made available by the Company, where applicable.

 

2.3. To identifying the complainant and properly examining the complaint, the Company may request the complainant to provide additional information or documents. The Company may also require that the complaint be submitted or confirmed through a communication channel which allows the Company to properly identify the complainant and verify the fact of submission of the complaint.

 

2.4. The complaint should include the following information:

  1. the complainant’s full name and surname or, in the case of a legal entity, its name;
  2. the complainant’s contact details, including address, email address and/or telephone number;
  3. the date of submission of the complaint;
  4. the service, agreement, transaction, payment operation or other circumstances to which the complaint relates;
  5. the essence of the complaint, including the complainant’s rights or legitimate interests which the complainant believes have been violated;
  6. the complainant’s request or expected outcome;
  7. documents and other evidence related to the complaint, if any.

 

2.5. If the complaint is submitted by a representative, the complaint should also include the representative’s full name, contact details and the basis of representation. The complaint must be accompanied by a power of attorney or another document confirming the representative’s authority to act on behalf of the complainant, unless such authority is evident from other information available to the Company.

 

2.6. Complaints may be submitted in Lithuanian or English. Complaints may also be submitted in another language if agreed between the Company and the complainant.

 

2.7. The Company shall confirm receipt of the complaint as soon as possible, normally no later than within 1 business day from the date of receipt of the complaint. The confirmation shall indicate that the complaint has been received and shall specify the time limit within which the complaint will be examined and the response will be provided.

 

2.8. If the complainant has not provided an email address to the Company, confirmation of receipt of the complaint will not be sent, unless the complainant has requested such confirmation and has provided other contact details for this purpose.

III. Handling of Complaints

3.1. The Company examines complaints fairly, objectively, impartially and reasonably, and assesses all relevant circumstances, documents and data necessary for a comprehensive examination of the complaint.

 

3.2. The Company communicates with the complainant in a clear and understandable manner throughout the complaints handling process.

 

3.3. If the complaint does not contain sufficient information or documents required for its proper examination, the Company may request the complainant to clarify or supplement the complaint and/or provide additional documents or information.

 

3.4. The Company shall assess the complaint based on all information available to it and the information provided by the complainant. Where additional information or documents are required, the Company shall take reasonable steps to obtain such information or documents from the complainant or, where applicable, from other available sources.

 

3.5. If, due to reasons beyond the Company’s control, including where additional information or documents are required for the proper examination of the complaint, the Company is unable to provide a final response within the standard time limit, the Company may provide an interim response in accordance with Section IV of these Rules. The interim response shall clearly indicate the reasons for the delay and the deadline by which the complainant will receive the final response.

 

3.6. In certain objective circumstances, the Company may decide not to examine the complaint on its merits, including where:

  1. the complaint does not relate to the services provided by the Company or agreements concluded with the Company;
  2. the Company is not responsible for the activity, service, product or circumstances specified in the complaint;
  3. the complainant cannot be identified and the complaint cannot be properly examined without identifying the complainant;
  4. the complaint is illegible or incomprehensible and the complainant does not provide clarification after being requested to do so;
  5. the complaint concerns a matter which has already been examined by the Company and the complainant does not provide any new material information or documents that
    could affect the Company’s previous response;
  6. a decision of the Bank of Lithuania or a final court judgment, decision or order has already been adopted in relation to the same subject matter and on the same grounds.

 

3.7. Where the Company refuses to examine a complaint, it shall inform the complainant of the refusal and the reasons for it, unless it is objectively impossible to do so, for example where the complainant cannot be identified or no contact details have been provided.

 

3.8. The Company shall always provide the complainant with a written response on paper or on another durable medium agreed between the complainant and the Company.

 

3.9. Considering the Company’s remote business model, responses are generally provided by sending them to the email address indicated by the complainant or otherwise available to the Company as the complainant’s contact email address. Upon the complainant’s request, the Company may provide the response on paper or by another agreed method, provided that such method constitutes a durable medium.

 

3.10. If the Company does not satisfy the complaint or satisfies it only in part, the Company’s response shall include the reasons for such decision, based on the established facts, applicable legal acts and/or contractual provisions, and shall indicate other measures available to protect the complainant’s interests, including possible dispute resolution measures and courts.

 

3.11. Complaints are handled in Lithuanian or English, where the complaint is submitted in English, or in another language agreed between the Company and the complainant.

IV. Deadlines for Providing Responses to Complaints

4.1. The Company shall examine complaints and provide a detailed, reasoned and documentbased response as soon as possible, but no later than within 15 business days from the date of receipt of the complaint.

 

4.2. In exceptional cases, where the Company is unable to provide a final response within 15 business days due to reasons beyond the Company’s control, including because the requested information or documents are necessary for the proper examination of the complaint, the Company shall provide the complainant with an interim response. The interim response shall clearly indicate the reasons for the delay and the deadline by which the complainant will receive the final response.

 

4.3. In any case, the deadline for providing the final response shall not exceed 35 business days from the date of receipt of the complaint.

 

4.4. Where the complaint concerns the recognition of a payment transaction as properly authorised, the Company shall start examining the complaint without undue delay, and in any case no later than by the end of the next business day after receipt of the complaint.

V. Retention and Personal Data

5.1. Complaints, complaint-related materials and the response provided to the complainant shall be retained for at least 3 years from the date of provision of the final response to the complainant.

 

5.2. For the purpose of receiving, examining and responding to complaints, the Company may process personal data provided by the complainant or otherwise obtained in connection with the complaint.

 

5.3. Personal data are processed in accordance with applicable data protection laws and the Company’s Privacy Policy. The Company ensures the confidentiality of information received during the complaints handling process, except where disclosure is required by applicable laws or competent authorities.

VI. If You are not satisfied with the Company’s response

6.1. If the complainant is not satisfied with the Company’s response, or if the Company does not provide a response within the time limits specified in these Rules, the complainant may protect their rights and legitimate interests by using the remedies available under applicable laws, including by applying to the Bank of Lithuania or to a competent court.

 

6.2. Please note that the examination of complaints by the Bank of Lithuania and the out-ofcourt settlement of consumer disputes by the Bank of Lithuania are separate procedures.

 

6.3. A complaint to the Bank of Lithuania may be submitted where the complainant believes that the Company has breached legal acts regulating the financial market. Complaints to the Bank of Lithuania may be submitted by natural or legal persons. Before submitting a complaint to the Bank of Lithuania, the complainant should first contact the Company in writing and state the circumstances of the complaint and their claim. More information is available on the Bank of Lithuania’s website: https://www.lb.lt/en/complaints-against-afinancial-service-provider

 

6.4. The Bank of Lithuania handles requests and complaints from individuals in accordance with the Rules for the examination of requests and complaints of individuals and the provision of services to them at Lietuvos bankas.

 

6.5. If the complainant is a consumer and the matter concerns a dispute arising from a financial services agreement, the consumer may apply to the Bank of Lithuania for out-of-court settlement of the consumer dispute. Before applying to the Bank of Lithuania for the settlement of a consumer dispute, the consumer must first submit a written claim to the Company, stating the circumstances of the dispute and the consumer’s claim. The consumer must submit such claim to the Company no later than within 3 months from the date on which the consumer became aware of the violation of their rights.

 

6.6. If the Company does not satisfy the consumer’s claim, satisfies it only in part, or does not provide a response within the applicable time limit, the consumer has the right to apply to the Bank of Lithuania for the settlement of the dispute within 1 year from the date of submission of the claim to the Company. More information is available on the Bank of Lithuania’s website: https://www.lb.lt/en/disputes-between-consumers-and-financialmarket-participants.

 

6.7. Disputes are settled at the Bank of Lithuania in accordance with the Rules for the Out-ofCourt Procedure of Settlement of the Disputes between Consumers and Financial Market Participants in the Bank of Lithuania.

 

6.8. The complainant also has the right to apply directly to a competent court in accordance with the procedure established by the laws of the Republic of Lithuania.

Error: Contact form not found.

X