PROCEDURE FOR SETTLEMENT OF DISPUTES AND COMPLAINTS
1. The present rules of handling Complaints in Wallter, UAB (the Wallter, us, we) are aimed for all natural persons and legal entities intending to lodge a claim regarding services provided by Wallter and/or regarding agreements concluded or to be concluded with Wallter (hereinafter referred to as the Complainant, you).
2. Disputes shall be settled by way of negotiations. In the event of the failure to settle disputes by way of negotiations, they shall be settled before courts of the Republic of Lithuania in accordance with the procedure set out by laws of the Republic of Lithuania. If your residential address is outside the Republic of Lithuania and you are not considered a consumer according to the laws, the disputes not settled by way of negotiations shall be adjudicated in accordance with the procedure established by laws of the Republic of Lithuania before a competent court of Vilnius City according to the domicile of Wallter.
If you are considered a Consumer according to the laws, in the event of the failure to settle disputes by way of negotiations, the courts of the Republic of Lithuania, or the courts of your residential country, have exclusive jurisdiction to settle disputes arising between you and Wallter.
3. Any Complaints about us or the services we provide should be addressed to us in the first instance by contacting Customer Service. You should clearly indicate that you wish to make a Complaint to us. This helps us to distinguish a Complaint from a mere query.
4. You must submit a written request to the Customer Service ([email protected]) by stating: (i) your name, surname or company name; (ii) your address, phone, email; (iii) date of Complaint; (iv) circumstances of the Complaint; (v) claim in maximum detail; (vi) Power of Attorney must be provided if Complaint is submitted through the representative (if Power of Attorney is issued outside Republic of Lithuania, it must be notarized and apostilled); and (vii) other available documents relating to the Complaint, if needed. If you, who according to the laws should be considered as a consumer, intend to use the procedure of extra-judicial resolution of disputes between consumers and financial market participants in the Bank of Lithuania, you shall apply to the Customer Service no later than within 3 (three) months of the day on which you become or should have become aware of the infringement of your rights or legitimate interests.
5. We send you a written Complaint acknowledgement within 2 (two) business days of receiving your Complaint in accordance with our Complaint’s procedure. You may request information relating to our Complaints procedure at any time by contacting Customer Service.
6. Complaints shall be handled, and disputes shall be settled free of charge.
7. In each case, the deadline for submitting a reply may vary as it directly depends on the extent and complexity of the Complaint filed, but we will make the maximum effort to provide the response to you within the shortest possible time:
(a) where you are our customer, we shall provide the response no later than 15 (fifteen) business days of the day of the receipt of the Complaint, unless a different deadline is established by laws or other legal acts. Where due to reasons that are out of our control the answer cannot be provided within the time period specified in this subparagraph, we shall provide a non-exhaustive answer within this time limit and state the reasons for the late answer and the time limit within which you will receive the answer and which, in any case, shall not exceed 35 (thirty-five) business days from the date of receipt of the Complaint;
(b) where you are not our customer, we shall examine the Complaint not later than within 30 (thirty) calendar days as of its receipt, unless a different time limit is determined by the relevant additional documents, or information, or other mandatory acts related to our services. In exceptional cases, when the Complaint cannot be handled within the period indicated in this subparagraph, we must notify you, specify the circumstances of the delayed response and the deadline by which the Complaint will be handled and the response provided.
8. The provisions shall not apply where:
(a) we are not responsible for the pursuit of the activities indicated in your Complaint; or
(b) Complaint concerns activity which is not regulated by the financial services’ laws and is not supervised by the supervisory authority (i.e., is not related to the provision of financial services); or
(c) incomplete, unreadable or unclear information is provided in the Complaint. In the stated case, where possible, Customer Service team must request you to clarify the information; or
(d) Complaint is provided in a language other than the one agreed in General Terms and Conditions, or a language that Wallter does not accept for communication. Wallter has the right to require for Complaint and related documents to be translated to acceptable language by a certified translator; or
(e) Complaint is submitted through the third party without proper authorization.
9. In case Complaint is not accepted or processed as referred in Section 8 (a-e), we must respond you specifying the reasons for the refusal to accept and handle the Complaint, and, if possible, indicate the person responsible for the investigation of your Complaint.
10. When your Complaint is not satisfied or is satisfied partially, the reasons for the refusal to satisfy the Complaint, as well other remedies, including but not limited to possible dispute resolution means and rights, shall be indicated in our response to you.
11. If you, who according to the laws should be considered as a consumer, are not satisfied with our answer or have not received the answer within 15 (fifteen) business days, you shall have the right, within 1 (one) year of the day of addressing to us, to submit a request to the out-of-court disputes settlement institution – the Bank of Lithuania – in accordance with the procedure set out by the Law of the Republic of Lithuania on the Bank of Lithuania and the Law of the Republic of Lithuania on Consumer Protection.
You shall have the right to appeal against the decision of Wallter in line with the procedure established by laws irrespective of whether you have used the procedure of out-of-court disputes settlement.
An application can be submitted to the Bank of Lithuania in one of the following ways:
(a) through an Electronic Government Portal (at http://www.lb.lt/gincu-sistema) – an electronic dispute resolution tool;
(b) If you do not have the possibility to submit an application via the electronic consumer dispute resolution system, you can submit an application by filling out a user application form or free form application and sending it to the Supervisory Service of the Bank of Lithuania:
(i) address: Totorių g. 4, 01121 Vilnius, the Republic of Lithuania;
(ii) e-mail: [email protected].
More information on dispute settlement in the Bank of Lithuania is available at https://www.lb.lt/en/how-can-i-apply-for-dispute-settlement
12. You shall have a right to lodge a Complaint to the Bank of Lithuania concerning our alleged infringement of the laws regulating financial market or potential violation of your rights or legitimate interests if you are not satisfied with our answer or have not received the answer within 15 (fifteen) working days.
Below please find the main requisites of the Bank of Lithuania:
(a) address: Totorių st. 4, LT-01121 Vilnius, Republic of Lithuania;
(b) telephone: +370 800 50 500 (for calls from Lithuania) and +370 5 251 2763 (for international callers);
(c) e-mail: [email protected].
More information is available at https://www.lb.lt/en/complaints-against-a-financial-service-provider.