1. INTRODUCTION

1.1. The Company is committed to ensure a smooth and efficient complaint handling process and the rules defining such a process. The purpose of this Description is to provide the Clients of the Company with a clarity on such rules and information on when and how the Complaint can be lodged, how the Complaint submitted to the Company should be investigated, and what other institutions the Client can contact when he/she is not satisfied with the Company's response.

1.2. All Clients should carefully familiarize themselves with this Description before lodging the Complaint to the Company. In case of a need, the Client may also request that this Description be provided to the Client in a different format, e.g. sent to the Client by email. 

2. COMPLAINTS HANDLING

Who can file a Complaint?

2.1. Complaint can be filed by a Client – legal or natural person - who is using the Services offered by the Company and believes that the Company has infringed his/her rights or legitimate interests relating to the Services provided by the Company. 

How to file a Complaint? 

2.2. Complaint can be filed using a template available at the Website of the Company or in free form indicating all the information listed in Section “What information must be provided in and with a Complaint?” below, and submitted to the Company in one of the ways below:

a. in electronic form via email info@fincryptou.com;  

b. in paper form – by mail to the Company's registered office address: Vytenio str. 9-101, LT-03113 Vilnius, Lithuania.

2.3. Complaint can be submitted in Lithuanian or English language, or other official languages of EU Member States in which the Company operates (when applicable).   

How much does it cost to file a Complaint? 

2.4. Filing and handling of the Complaints is always free of charge for the Client.

What is the deadline for filing a Complaint?

2.5. Complaint to the Company should be submitted not later than within 3 (three) months from the day the Client became aware or ought to have become aware of the violation of their rights or lawful interests. 

What information must be provided in and with a Complaint? 

2.6. Complaint must contain the following information:

2.6.1. Personal data of the Client: 

a. Name and surname, for natural persons or name of a legal person for legal entities;

b. ID number for natural persons or registration number for legal persons;

c. LEI (if available) for legal persons; 

d. Client reference (if available); 

e. Registered address, including street, number, floor, postcode, city, and country;

f. Telephone;

g. Email address;

2.6.2. If another person represents the Client, the following information should also be provided: name and surname or legal entity name, ID number or registration number, LEI (if applicable), registered residence address or registered office address, telephone, email of the representative and the basis of representation, including respective representation document. 

2.6.3. Information about the Complaint:

a. Full reference of the Service or agreement to which the Complaint relates;

b. Description of the Complaint’s subject matter (reason for the Complaint);

c. Date(s) of the facts that have led to the Complaint;

d. Description of damage, loss, or detriment caused (where relevant);

e. Other comments or relevant information (where relevant).

2.6.4. Date of Complaint submission;

2.6.5. List of documents enclosed together with the Complaint (such as Power of Attorney or other relevant documents, copy of the transaction to which the Complaint relates, and documents supporting the Complaint);

2.6.6. Signature of the Client or the Client’s authorized representative.

2.7. The Client should provide all documents supporting the Complaint’s arguments, facts, and lodged claims to the Company. 

2.8. If the Complaint is lodged by the legal representative of the Client, the Complaint must be accompanied by a valid authorization or other document certifying the right of the representative’s powers to lodge a Complaint and receive a response from the Company.

How long will it take for the Company to examine a Complaint? 

2.9. A written Complaint shall be examined not later than 15 (fifteen) business days from its receipt. 

2.10. In exceptional cases, due to reasons beyond the Company’s will and control, the examination of the Complaint may take longer, however, it cannot exceed 35 (thirty-five) business days from receipt of the Complaint. 

2.11. In such a case, specified in point 2.10 above, a preliminary (non-final) response will be sent to the Client (or another related person), clearly stating the reasons for such delay in responding to the Complaint and the term within which a complaint will be examined and final response will be provided. 

What to do if the Company's reply is not satisfactory?

2.12. If the Client is considered to be a Consumer and believes that his/her Complaint has not been addressed properly, he/she has the right to apply for an out-of-court dispute resolution procedure to the Bank of Lithuania or directly to the court.

2.13. The Consumer may apply to the Bank of Lithuania in English or Lithuanian within 1 (one) year from the day of submission of the Complaint to the Company in the following ways:

a. through online dispute settlement platform using the E-Government Gateway;

b. by filling in the Consumer Application Form (In Lithuanian - form, in English - form) and sending it to the Bank of Lithuania at Totorių g. 4, 01121 Vilnius, Lithuania, or e-mail info@lb.lt;

c. by filling out a free form application and sending it to the Bank of Lithuania at Totorių g. 4, 01121 Vilnius, Lithuania, or e-mail info@lb.lt.

2.14. Examination of the Complaint by the Bank of Lithuania is free of charge. More information on the procedure for applying to the Bank of Lithuania can be found here. 

2.15. Before contacting the Bank of Lithuania, the Consumer must first lodge the Complaint with the Company.

2.16. Where the Company provides Services in EU Member States other than the Republic of Lithuania, the Clients who are Consumers have the right to submit their claims via the FIN-NET network. FIN-NET network is accessible here.

2.17. Clients, who are not Consumers, and believe that their Complaint has not been dealt with properly shall have the right to apply to the court or seek other available remedies in the manner prescribed by Applicable Law.

What if the Company violated the laws regulating the financial market?

2.18. In case the Client believes that the Company has breached certain provisions of legal acts regulating the financial market, the Client may submit a notification to the Bank of Lithuania, in Lithuanian or English language, by filling in the application form as specified on the website of the Bank of Lithuania and sending it in writing or by electronic means at: Totorių st. 4, 01121 Vilnius, Lithuania or via e-mail info@lb.lt. 

3. GENERAL PROVISIONS

3.1. The Description has been approved by the Chief Executive Officer of the Company. 

3.2. The Description may be subject to changes as required under the Applicable Law. If the Description is amended, the latest applicable version of the Description is always available on the Company’s Website.