REGULATIONS FOR CUSTOMER PROTECTION
OBJECT AND COMPETENCIES OF CUSTOMER SERVICE
LAST UPDATED: MAY 25, 2018
This Regulation for Customer Protection regulates the activity of Customer Service of SOLARNUB THE SOLAR MARKET INTERFACE., S.L. (hereinafter, “ SOLARNUB”).
SOLARNUB’s Customer Service is intended to address and resolve complaints and claims submitted by its customers regarding the performance of SOLARNUB.
Customer Service is an autonomous department and is therefore separated from the other commercial services or operations provided by SOLARNUB for the purpose of ensuring that Customer Service autonomously takes decisions concerning the scope of its activities and conflicts of interest are thus avoided.
All persons possessing the status of Buyers and users of services provided by SOLARNUB are entitled to file complaints that relate to their legally recognized interests and rights, whether arising from contracts, applicable legislation or the principle of equality.
The deadline for filing complaints and claims shall be one (1) year from the date on which the customer became aware of the events causing the complaint or claim.
Customer Service shall have a period of two (2) months from the submission of the complaint or claim to issue a statement.
All services and departments of SOLARNUB have a duty to provide Customer Service with the information requested thereby in connection with the exercise of their functions.
CUSTOMER SERVICE MANAGER
The head of Customer Service must be a person with commercial and professional honor and appropriate knowledge and experience to perform their duties.
A person has professional or commercial honor when they have been observing a personal path of respect for commercial and other laws regulating economic activity and business life as well as good business and financial practices.
They possess appropriate knowledge and experience and have performed functions relating to the activity of SOLARNUB.
The Head of Customer Service will be appointed by the Board of Directors of SOLARNUB.
The appointment as head of Customer Service will not be compatible with the performance of other activities within SOLARNUB. Therefore, no conflict of interest on a commercial issue or of any other nature may occur.
The mandate of the Head of Customer Service will last five (5) years and shall be renewed tacitly for periods of equal duration.
Causes of incompatibility and ineligibility of the Customer Service Manager are as follows:
- Be unable to conduct business in accordance with Article 13 of the Commercial Code.
- Simultaneously hold a job for financial institutions outside of SOLARNUB.
- Simultaneously hold the post of Ombudsman or, where applicable, Head of Customer Service, for any other entity whose business is financial or trading.
The Head of Customer Service will be appointed by the Board of Directors of the entity. Causes of dismissal of the Customer Service Manager are as follows:
- Absolute incapacity for the usual occupation.
- Cessation of employment with SOLARNUB.
- Loss of requirements that determine eligibility.
- Incurring any cause of incompatibility or ineligibility.
- Retirement or early retirement.
- Agreement of the Board of Directors of SOLARNUB.
In the event of termination of the head of Customer Service, the Board of Directors of SOLARNUB shall immediately appoint a new Manager who meets the eligibility criteria set out in Article 7 of this Regulation.
SOLARNUB shall make the following information available to Customers at its offices and on its website:
- The existence of Customer Service, indicating postal and email addresses.
- The obligation of SOLARNUB to address and resolve complaints and claims filed by Customers within two months of its presentation to Customer Service.
- Customer Protection Regulations.
- References to transparency and customer protection in the regulations.
Complaints and claims may be filed with Customer Service at the registered office of the company and the email address enabled by the entity for this purpose.
Filing complaints and claims may be made personally or through representation through electronic or remote means, provided that they allow the reading, printing and storage of documents.
The procedure will begin by presenting a document which shall contain:
Information obligation and procedure for submitting, processing and resolution of complaints and claims:
- Name and address of the claimant and, if applicable, of the person representing the claimant, duly accredited; number of public registration data for legal persons.
- Reason for the complaint or claim, clearly specifying the questions on which a decision is requested.
- Department or service where the facts of the complaint or claim occurred.
- That the claimant has no knowledge that the subject matter of the complaint or claim is being dealt with through administrative, arbitration or judicial proceedings.
- Place, date and signature.
- The claimant must provide, together with the previous document, the documentary evidence in its possession on which the complaint or claim is based.
Once the complaint or claim is received by SOLARNUB, in the case had not been resolved in favor of the customer by the service subject to the complaint or claim, shall be referred to Customer Service. Customer Service shall acknowledge receipt in writing and proof of the filing date for purposes of calculating the period for resolution.
Upon receipt of the complaint or claim, Customer Service will open the proceedings. If the identity of the claimant is not sufficiently proven or could not be clearly established the facts of the complaint or claim, the signatory will be required to complete the documentation submitted within ten (10) calendar days, with a warning that if not done, the complaint or claim will be rejected without further proceedings.
The time taken by the claimant to rectify these mistakes will not be included in calculating the period of two (2) months for Customer Service to issue a ruling on the complaint or claim.
Customer Service can only reject the admissibility of complaints and claims in the following cases:
- When essential data for processing are irremediably omitted, including those cases in which the reason for the claim is not specified.
- When they are trying to process an appeal or lawsuit which is in the jurisdiction of administrative, arbitration or courts of law as a complaint or grievance, or the case is pending resolution or litigation, or the matter has already been resolved in those instances.
- When the facts, reasons and request that the issues in the complaint or claim do not refer to specific transactions.
- When complaints or claims refer to others that had been previously resolved when presented by the same subjects regarding the same facts.
- When the deadline for filing complaints and claims of six (6) months from the date on which the customer became aware of the events causing the complaint or claim has expired.
- When there is knowledge of the simultaneous processing of a complaint or claim and an administrative, arbitration or judicial proceedings on the same matter, Service Customer shall not process the former.
- When the complaint or claim is understood to not be accepted for processing, for any of the reasons indicated, the claimant will be informed of the reasons and have a period of ten (10) calendar days to present its case. When the claimant answers and maintains the causes of inadmissibility, the claimant will be informed of final decision adopted.
During the processing of cases, Customer Service will collect, both from the claimant and the various departments and services of SOLARNUB involved, whatever data, clarifications, information or evidence considered relevant to its decision.
If, in view of the complaint or claim, the entity rectifies the situation with the claimant to the satisfaction thereof, it shall notify the competent authority and provide documentary proof, except in the case of express waiver by the claimant. In such cases, the complaint or claim will be closed without further procedures.
Claimants may abandon their complaints and claims at any time. The withdrawal will result in the immediate termination of the proceedings in which the claimant is concerned.
The case will end within a maximum period of two (2) months from the date on which the complaint or claim was filed with Customer Service.
The decision will always be reasoned and contain clear conclusions on the question raised in the complaint or claim based on the contractual clauses, the applicable rules, as well as the good practices of the sector.
In the event that the resolution differs materially from the criteria expressed in similar previous cases, Customer Service shall indicate the reasons justifying the resolution.
The decision will be notified to interested parties within ten (10) calendar days, in writing or by computer, electronic or telematic means, provided that the means allow the reading, printing and preservation of documents, as expressly designated by the claimant and, in the absence of such indication, through the same medium in which the complaint or claim was filed.
Each year, the Customer Service Department will present a report to the Board of Directors of SOLARNUB explaining the performance of its function during the previous year, which must have the following minimum content:
- Statistical summary of the claims and complaints received, with information on their number, admission to proceedings and reasons of inadmissibility, motives and issues raised in the complaints and claims and amounts affected.
- Summary of the decisions made, indicating the character favorable or Unfavorable for the claimant.
- The general criteria contained in the decisions.
- The recommendations or suggestions derived from their experience, with a view to better achieving the purposes of their performance.
Any modification of these Regulations for Customer Protection must be made in writing and submitted to the approval and verification of the Board of Directors of SOLARNUB.