PROCEDURE FOR SETTLEMENT OF DISPUTES
1.1 If the user is not satisfied with the services or activities of EstateGuru, the user can submit a complaint to EstateGuru. The complaint may be submitted in the format that can be reproduced in writing no later than three months after the date of the discovery of the alleged violation of the rights to EstateGuru by e-mail to the address email@example.com or to official postal address (Tartu mnt 10/Pääsukese 2, Tallinn, 10145, Estonia). In case the user has expresses his complaint orally, the EstateGuru proposes to submit the complaint in written form. In case the user is not satisfied with the services or activities of EstateGuru in Lithuania, the complaint can be submitted to firstname.lastname@example.org or via registered mail to Juozo Balčikonio g. 9, Vilnius, Lithuania.
1.2 The complaint should be provided in English or in Estonian or in Lithuanian and the complaint should include at least:
- full name of the complainant;
- e-mail address where the answer is expected;
- as accurate overview as possible of the circumstances being the basis of complaint.
1.3 If this is necessary, the complainant should add all documents to its complaint to rely on. If the complaint is made by user’s representative, it must be accompanied by a power of attorney.
1.4 EstateGuru answers to the complaint by e-mail provided in the complaint at least in the format that can be reproduced in writing.
1.5 If the complaint of the user is not understandable or is based on the documents that are not freely available for EstateGuru, EstateGuru proposes the user by e-mail to amend the complaint and/or submit the missing document.
1.6 EstateGuru is not taking any fee for handling the complaints of the users.
1.7 The expression of discontent by each user regarding the services, conduct or obligations of EstateGuru submitted in the format that can be reproduced in writing is handled as the complaint of the user.
1.8 The employee settling the complaint relates to the complainant and its complaints without prejudice and with respect.
2 Complaint proceedings
2.1 The responsible employee controls the complaints received to e-mail address email@example.com at least twice within workday.
2.2 At the receipt of the complaint sent to e-mail the responsible employee assesses whether the complaint is important, requires consultation with the lawyer for settling the complaint and whether additional information or data should be obtained from the complainant for relevant settlement of the complaint.
2.3 The employee notifies the members of the management board of EstateGuru, if the complaint is important and if the complaint has been submitted against the employee having received the complaint.
2.4 The complaint is important, if:
2.4.1 the complaint is related to the user’s assets by EstateGuru;
2.4.2 the circumstances provided in the complaint could lead to court dispute or material damage to the reputation of EstateGuru.
2.5 If in the opinion of the employee it is necessary to collect additional documents or information for the correct settlement of the complaint, he/she is obliged to immediately address the complainant with the relevant request, if the required information or documents are not freely available for EstateGuru.
3 Term and method for responding
3.1 In general, the user’s complaint should be settled within 3 working days.
3.2 If the lawyer should be involved or attorneys-at-law addressed for the settlement of complaint, the user’s complaint should be settled within 15 working days from the receipt of the complaint at the latest.
3.3 If the complaint could not be settled due to the complicacy of the complaint or other good reasons within 15 working days, the user should be in any case notified by e-mail of the reasons of extension and additional date. The latter cannot be longer than 35 days.
3.4 The user’s complaint should be answered in the format that can be reproduced in writing (i.e. the answer need not to be signed) to the e-mail address indicated in the complaint.
4 Settlement of complaint
4.1 If the statements provided in the complaint are justified, EstateGuru recovers the rights violated by the user without delay or provides another suitable solution for the user. If the loss incurred to the user should be compensated or cash amount returned for settling the complaint, the solution of the complaint should be agreed with EstateGuru management and loan administrator.
4.2 If EstateGuru partly or fully dismisses the complaint of the user, the responsible employee should reason its decision in the response sent to the user.
4.5 Regarding the services and activities of EstateGuru in Lithuania, in case the user is natural personal who uses EstateGuru services to meet his personal, family or household needs (the consumer) – in case his/her complaint was unsatisfied (or satisfied only partially) or EstateGuru did not provide any response in due time, such user may apply to the Bank of Lithuania. Bank of Lithuania settles disputes between the consumers and financial market participants in extrajudicial proceedings. Such user (natural person) can apply to the Bank of Lithuania within 1 year from the day he/she contacted EstateGuru. For more information, please see here. In case the user is a legal entity and the complaint was unsatisfied (or satisfied only partially) or EstateGuru did not provide any response in due time, such user may address the court directly for the resolution of dispute.
5 Retention of complaints and the related documents
5.1 EstateGuru retains complaints and their appendices, EstateGuru’s answer and its appendices and other relevant information in EstateGuru internal web or mail management programme for a period indicated in the applicable legal acts.