This Regulation is intended to establish and regulate the procedures by which the clients (hereinafter "the Clients or the Client") of FELLOW FUNDERS PSFP, S.A.U. (hereinafter "FELLOW FUNDERS"), may submit to FELLOW FUNDERS their claims and/or complaints about the services provided in accordance with Article 7 of Regulation (EU) 2020/1503.
All claims and complaints subject to these regulations shall be handled and resolved by the Customer Service Department (hereinafter "the Customer Service Department"), headed by a natural person appointed by the administrative body of FELLOW FUNDERS.
The head of the Customer Service Department shall be a person of good commercial and professional reputation, with the appropriate knowledge and experience to perform his or her duties.
Commercial and professional honorability is understood to be present in those who have been observing a personal trajectory of respect for commercial laws or others that regulate economic activity and business life, as well as good commercial and financial practices
The procedure shall be initiated by filing a written complaint and/or claim, either by a duly certified presentation on paper at the registered office or by the following electronic means: filling out a form via Web or sending the aforementioned written document to email@example.com, as long as they allow, in any case, its reading, printing and preservation of the complaint or claim and any documents that may accompany it.
The complaint/claim may be submitted in both English and Spanish.
The Client shall state in his/her complaint or claim:
(a) Name and surname (or company name), address and e-mail address of the Client and, if applicable, of the person representing the Client, as well as proof of such representation; in addition to the Client's D.N.I., passport or N.I.E. or the details of the corresponding public registry;
(b) Reason for the complaint/claim, clearly specifying the issues on which a pronouncement is requested;
(c) Office, department or service where the events subject of the complaint or claim have taken place;
(d) That the Client is not aware that the subject matter of the complaint or claim is under administrative, arbitration or judicial proceedings;
(e) Place, date and signature.
Together with this document, the Client must provide any documentary evidence in its possession on which its complaint or claim is based. Any possibility and conditions to make complaints or claims will be advertised in a clear and accessible way on Fellow Funders' web page.
All complaints and claims will be free of charge for the Client
The clients will have a period of six months to present their complaints or claims. This period will be counted from the date in which the client knew the facts causing the complaint or claim.
The clients will only have to present the complaint or claim once. It will not be possible to demand its reiteration before different organs of Fellow Funders.
Any complaint or claim that the Customer Service Department receives outside the established deadline, will not be admitted by this department for processing and will be communicated to the Client by e-mail
Once the Customer Service Department has received the complaint/claim, it shall proceed to open a file. A written acknowledgment of receipt shall be sent to the Customer Service Department, stating the date of submission in order to calculate the maximum time limit for resolution.
If the interested party's identity is not sufficiently accredited or the facts of the complaint/claim cannot be clearly established, the signatory will be requested to complete the documentation submitted within a period of one month. In the event of failure to do so, the complaint or claim shall be filed without further action. The period used by the interested party to correct the errors referred to in this paragraph shall not be included in the two-month period provided for in article 9 below.
Complaints and claims may only be rejected for processing in the following cases:
In the event that FELLOW FUNDERS, considering the complaint or claim, rectifies its situation with the interested party to the latter's satisfaction, the Customer Service Department must be notified of such rectification in writing. In such a case, the complaint or claim will be filed without further action.
The interested parties may withdraw their complaints and claims at any time.
The withdrawal will result in the immediate termination of the procedure as far as the complaint with the interested party is concerned.
Once the complaint/claim is accepted for processing, the Customer Service Department shall resolve the complaint/claim within two months from receipt thereof, through a reasoned resolution that shall contain clear and precise conclusions on the complaint/claim raised.
The Customer Service Department may request, during the processing of the files, both from the interested party and from the different departments and areas of FELLOW FUNDERS, as many data, clarifications, reports or elements of proof as they consider relevant to make their decision.
The resolution must expressly include the Client's right to appeal (in case of disagreement) to the courts of justice, or the corresponding administrative authorities, as the case may be.
If the resolution is favourable to the Client, Fellow Funders will execute it in favour of the Client as swiftly as possible.
Unless the Client indicates otherwise, the resolution will be communicated to the Client by the same means it was presented within ten days of its adoption, allowing the Client to credit the response received from the PSFP (Crowdfunding Platform).
All complaints and claims procedures shall be kept complete and available to the competent authorities.
The file must conclude within a maximum period of two months from the date the client submitted the complaint/claim to the Customer Service Department.
The decision of the Customer Care Service will always be motivated and clear about the request raised in each complaint/claim, based on the contractual clauses, the applicable regulations in force on transparency and customer protection, as well as the good financial practices and uses.
If the decision differs from the criteria stated in similar cases, reasons must be given to justify it.
The decision shall be notified to the interested parties within ten calendar days of its date via e-mail. This notification must allow the interested parties to read the decision, as well as to print and keep the documents.
The Customer Service Department shall submit an annual report to the Administrative Body of FELLOW FUNDERS, explaining the performance of its function during the preceding year. The report shall contain the following minimum content:
A statistical summary of the complaints and claims handled, with information on their number, admission for processing and reasons for inadmissibility, reasons and issues raised in the complaints and claims and amounts and amounts affected.
A summary of the decisions issued, indicating whether they were favourable or unfavourable to the interested party.
The general criteria contained in the decisions.
The recommendations or suggestions derived from experience, with a view to better achieving the purposes that inform its actions.
Any amendment to these Client Protection Regulations must be made in writing and submitted for approval to the Board of Directors of FELLOW FUNDERS, as well as published on the Company's website.
The present Client Protection Regulations have been approved by the Administrative Body of FELLOW FUNDERS, on 1 of June of 2021.
LAST UPDATE: September 2021