(1) This Claims Procedure sets out the rules and procedures for the submission and handling of claims and complaints of clients of Fin Communication s.r.o.
, IČ (ID Number): 038 04 330, having its registered office at Revoluční 13, 110 00 Prague 1, registered in the Commercial Register maintained by the Municipal Court in Prague, section C, file 238177 (hereinafter referred to as the "Company
(2) Clients of the Company are entitled to submit a claim if they believe that the Company failed to comply with the agreed terms or its duties arising from applicable laws and regulations. The Claims Procedure covers not only the handling of claims but also of complaints, i.e. submissions in which the complainant asks for protection of his or her interests not regulated by the contractual relationship with the Company (such as inappropriate behaviour). Claims and complaints are hereinafter collectively referred to in the Claims Procedure as the "Claim(s)
". Clients and complainants are hereinafter collectively referred to in the Claims Procedure as the "Client(s)
".2. General Principles
(1) This Claims Procedure defines the procedures and processes for the submission and handling of the Clients' Claims.
(2) The Company keeps internal records of all Claims received that include but are not limited to information about the date of receipt of the Claim, the outcome of the claims procedure and information given to the Client including the handover date and method.3. Mandatory Elements of a Claim
(1) Every Claim must contain the following details:
- name and surname / company name of the Client;
- phone and e-mail address;
- number of the relevant framework agreement, if any;
- number of the payment order which the Claim concerns;
- identification of the person against whom the complaint is submitted;
- the exact reason for the Claim, i.e. a specific description of the problem, which is being pointed out to the Company, along with specifications of the Client's demands;
- a copy of the contract documentation or other supporting materials (such as bank statements, copy of the payment order, contract etc.) which the Claim concerns.
(2) If the client is represented under a power of attorney, a power of attorney granted by the Client bearing an officially certified signature is required.4. Claim Submission and Processing
(1) Defective performance must be claimed as soon as the Client becomes aware of such defective performance but no later than without the time set forth in contractual terms and conditions and applicable laws and regulations provided the Claim is submitted within the limitation period. The Client may claim damages from the Company within three years of the date when the Client became aware or could have become aware of such damage and of the person or entity who is liable for such damage. The Company will not make any payments or provide compensation for time-barred claims.
(2) Claims may be submitted:
- in writing - to the address of the Company's registered office: Revoluční 13, 110 00 Prague 1
- in writing at email@example.com
(3) Upon delivery, all Claims are forwarded to the Company's executive for handling. 2/3
(4) All Claims are handled within 30 calendar days. In case of Claims concerning payment services
, the time limit for the handling of the Claim is, in compliance with the Payment Transactions Act, 15 working days
and begins on the date of delivery of the Claim to the Company's registered office. Claims are handled in the order in which they are delivered to the Company.
(5) If the Company is prevented from responding within 15 working days due to an obstacle that is beyond the Company's control, it will notify the Client, within the above time limit, of the obstacles preventing the Company from responding in time, and respond within 35 working days of the receipt of the Claim, as well as of further steps to be taken, including but not limited to the nearest deadline by which the Claim will be handled. If the supporting materials accompanying the Claim submitted by a Client are incomplete, the Company reserves the right to ask the Client to provide the missing information. In that case, the time limit for the handling of Claims as specified in the previous subsection will begin only after the Client submits all missing details to the Company.
(6) No Claim will be accepted and further processed if:
- the method, form or mandatory elements of the Claim listed in art. 3 and 4 of this Claims Procedure were not observed by the end of the time limit or the grace period granted by the Company for the supplementation or correction of the filing;
- proceedings before a court or an arbitrator have been initiated in the relevant case or a court or an arbitrator has decided in the case;
- the person, who submitted the Claim, is not the Company's client or is represented by an agent under an inadequate power of attorney;
- the Claim does not concern any of the products or services the Company offers;
- the submission of the Claim is a clear misuse of the option to make claims and complaints;
- the retention periods for the relevant document type have passed.
(7) In the event that a Claim is submitted in relation to the same issue repeatedly and fails to bring up any new circumstances, the Claim will be rejected and the Client will be notified thereof in writing.
(8) If the grounds for the rejection of a Claim set out in subsections 6 and 7 cease to exist, the Company will process the Claim within the relevant time limits beginning on the day when the grounds ceased to exist.
(9) The Client will be notified of the outcome of the Claim handling via e-mail or in any other manner agreed with the Client. The date of delivery of the Claim outcome is the date of delivery of an e-mail message or receipt of a letter delivered by registered mail. If an e-mail message or letter is not delivered and is returned to the Company as uncollected (applies to letters only) or undeliverable, the date of delivery will be the day when the letter was returned to the Company's address.
(10) The Company will bear the expenses of the Claim handling. The Client's expenses associated with the preparation and making the Claim will be borne by the Client.
(11) If the Client is not satisfied with the way the Claim was handled, the Client is entitled to contact the following authority to settle the dispute out of court:
- Office of the Financial Arbitrator (www.finarbitr.cz) for financial services set out in Act 229/2002 Sb., on the Financial Arbitrator, as amended
(12) Clients may also contact the Czech National Bank (www.cnb.cz
), having its registered office at Na Příkopě 28, 115 03 Prague 1, which supervises compliance with the Company's obligations.
(13) Out-of-court dispute settlement does not affect the Client's right to turn to a court.5. Final Provisions
(1) The procedures defined in this Claims Procedure are binding on all Clients of the Company as well as all employees of the Company.
(2) The Claims Procedure is available on the Company's website and in the Company's registered office. The Claims Procedure comes into force and effect on 1 October 2018.