1. Introduction
This
Chargeback Policy outlines the procedures for requesting and handling
chargebacks for transactions involving both fiat and cryptocurrency under
Spanish regulations. This policy is part of our Terms of Use and applies to all
users of our platform and app.
1.1. Purpose
This
policy aims to ensure compliance with Spanish legal requirements and provide a
clear and transparent process for managing chargebacks, protecting both Nebeus and
its customers.
1.2. Legal Framework
In
Spain, chargebacks are regulated by various laws and regulations, including:
Law 16/2009 of 13 November on Payment Services (Ley 16/2009, de 13 de
noviembre, de servicios de pago)
Royal Decree-Law 19/2018, of November 23, on Payment Services and other urgent measures in
financial matters (Real Decreto-ley 19/2018, de 23 de noviembre, de
servicios de pago y otras medidas urgentes en materia financiera)
These regulations outline the rights and responsibilities of both
consumers and businesses in relation to payment services and chargebacks.
2. Definitions
Chargeback: It’s the payment amount returned to a debit or credit card after a
customer disputes the transaction.
Fiat Currency: Traditional government-issued currency such as the Euro (EUR).
Cryptocurrency: Digital or virtual currencies that use cryptography for security,
such as Bitcoin (BTC), Ethereum (ETH), etc.
3. Eligibility for Chargeback
3.1. Fiat Currency Transactions
Chargebacks
for fiat currency transactions are governed by the regulations set forth by Nebeus,
and applicable Spanish laws. We adhere to strict compliance standards to ensure
the security and integrity of all transactions.
The
following are common reasons for chargebacks:
·
Unauthorized Transactions: Any
transaction made without the account holder’s consent.
·
Fraudulent Transactions:
Transactions that have been identified as being deceitful or involving
misrepresentation.
·
Non-Receipt of Goods or Services:
Situations where the customer does not receive the goods or services they paid
for.
·
Goods or Services Not as
Described: Instances where the received goods or
services do not match the description provided at the time of purchase.
We aim
to handle all chargeback requests promptly and in accordance with regulatory
requirements to protect both our customers and merchants.
3.2. Cryptocurrency Transactions
Cryptocurrency
transactions are generally irreversible due to their decentralized nature.
However, chargebacks may be considered under the following circumstances:
3.3. Card Transaction
Chargebacks for
card transactions are managed in accordance with the rules and guidelines
established by the card networks (Mastercard and Visa) and the relevant
financial institutions. Common reasons for card transaction chargebacks include:
unauthorized transactions.
Discrepancies in the transaction amount.
Non-receipt of goods or services.
Disputes over the quality of goods or services
received.
Each chargeback
request is thoroughly reviewed to determine eligibility based on these criteria
and the specifics of the transaction.
4. Procedure for Filing a Chargeback
4.1. Fiat Currency Transactions
·
Initiate a Dispute:
Contact our customer service team within 30 days of the transaction date to
initiate a dispute.
·
Provide Documentation: Submit
all relevant documentation, including transaction receipts, correspondence with
the merchant, dispute declaration, and any evidence of the issue and another
type of application required by the provider.
·
Investigation: Our
team will investigate the dispute and liaise with the financial institution.
·
Resolution: The outcome will
be communicated within 65 days of the dispute initiation. If the chargeback is
approved, the amount will be credited back to your account.
4.2. Cryptocurrency Transactions
·
Initiate a Dispute: Contact
our customer service team immediately upon noticing an issue with a
cryptocurrency transaction.
·
Provide Documentation: Submit
all relevant documentation, including transaction IDs, wallet addresses, and
any evidence of fraudulent activity or technical errors.
·
Investigation: Our
team will conduct a thorough investigation in collaboration with blockchain
experts.
·
Resolution: The outcome will
be communicated within 60 days of the dispute initiation. Due to the nature of
cryptocurrencies, chargebacks will be processed on a case-by-case basis, and
resolutions may include alternative remedies.
4.3. Card Transaction
·
Initiation: The cardholder
contacts their issuing bank to initiate a chargeback request. The bank then
forwards the request to us for review.
·
Review: Upon receiving
the chargeback request, we conduct a thorough investigation, which includes
verifying transaction details, reviewing communication and transaction records,
and assessing the validity of the claim.
·
Response: We compile and
submit a response to Fenige, who as well contact the issuing bank, including
all relevant evidence and documentation to support or dispute the chargeback
claim.
·
Resolution: Fenige first
and the issuing bank then, reviews our response and makes a decision on the
chargeback. If the chargeback is upheld, the transaction amount is refunded to
the cardholder. If the chargeback is reversed, the funds remain with us.
5. Responsibilities
5.1. Customer Responsibilities
·
Ensure the accuracy of all transaction details
before confirming a payment.
·
Safeguard personal and financial information
to prevent unauthorized access.
·
Report any suspicious or unauthorized
transactions immediately.
5.2. Nebeus Responsibilities
·
Provide clear instructions and assistance for
filing chargebacks.
·
Conduct timely and fair investigations of all
disputes.
·
Communicate the outcomes and provide remedies
in accordance with this policy.
5.2.1.
Reporting and Record-Keeping
Nebeus
must keep detailed records of all chargeback requests and their resolutions for
a minimum of five years. This includes:
· Transaction
details;
·
Communication with the customer and bank;
·
Evidence submitted to dispute the chargeback;
·
Final decision on the chargeback.
6. Limitations and Exceptions
Chargebacks for fiat currency transactions are limited to the rules
and timeframes set by.
Cryptocurrency chargebacks are subject to the availability of
sufficient evidence and may not always be feasible due to the nature of
blockchain transactions.
There is no set limit for a chargeback, but the amount claimed it
cannot be more than the value of the purchase. In other words, customers
cannot claim interest or penalties through chargeback.
This policy does not cover any losses due to the customer's
negligence or failure to comply with security measures.
7. Fee
Our chargeback fee is set at Fifty (50)
Euros. This fee covers the administrative costs associated with processing the
chargeback request, including the time and resources required to investigate
and resolve the dispute. However, this amount is subject to adjustment if the
costs incurred by the provider or the systems involved in the chargeback
process exceed this amount. This ensures that we can cover the actual expenses
associated with handling the chargeback, which may vary depending on the
complexity of the case and the fees charged by third-party financial
institutions.
8. Dispute Resolution
In case
of disagreements regarding a chargeback, the following steps should be taken:
·
Negotiation:
Attempt to resolve the issue directly with the customer through negotiation.
·
Mediation: If negotiation
fails, consider using mediation services to reach an agreement.
·
Legal Action: As a
last resort, legal action may be taken in accordance with Spanish law.
9. Contact Information
For any queries
or to initiate a chargeback, please contact our customer service team:
Phone: +34 645099077;
Address: Calle de
la LLacuna, 11, 08005 Barcelona, Spain.
10.
Amendments
We reserve the
right to amend this Chargeback Policy at any time. Changes will be effective
upon posting on our website. Continued use of our services constitutes
acceptance of the revised policy. Employees involved in payment processing and
chargeback handling will receive regular training on this policy.
11.
Governing Law
This policy is
governed by and construed in accordance with the laws of Spain. Any disputes
arising under or in connection with this policy shall be subject to the
exclusive jurisdiction of the courts of Spain.