Regulations for handling of customer
complaints and policy.

This regulation has the code version 2.1 and comes into effect from 01/10/2012. Decision is made by Ngan Luong Intermediate Payment Gateway Joint Stock Company that is the legal representative of Nganluong.vn payment gateway.

You opened an account at Nganluong.vn for buying (Buyer transfers money) or selling (Seller receive money), so that you accepted naturally the contents of the following specific regulations. You must read, agree with and accept all of the terms and conditions contained in this Agreement :

Article 1: Overall information

1.1. purpose of this document:

The fact that the buyers usually use Nganluong.vn to pay for Seller before receiving the goods when they did e-commerce transactions, so that the buyers face with a higher risk. This provision is made for these purposes to:

- Procesize and publicize the procedures and conditions as well as the order of handling complaints that related to payment transactions in the Nganluong.vn. It will help to ensure objectivity, fairness and strictness for both Buyer and Seller.

- Prescribe the regulations about obligations and responsibilities that Buyer and Seller must to accept in handling complaints process.

- Prescribe the policies and conditions that help Buyer who suffer a financial loss, can get insurance compensation when they paid via Nganluong.vn.

1.2. change the content:

Nganluong.vn has right to change or terminate to apply this rule at any time without prior notice.

1.3. overrall diagram:

This provision can be described shortly in the following 7 steps. The steps in this diagram will be quoted repeatedly throughout this document.

Article 2: The reasons and circumstances of the customer complaints

2.1. Complaining Reasons

After making a payment transaction at Nganluong.vn, Buyer can appeal and require Nganluong.vn support to prevent / or overcome the consequences when they feel they have reasons to believe that we have to face with financial risks, if:

  1. a) INR ( Item Not Received) : Buyer does not receive the item within the time frame and at the address as agreement with Seller
  2. b)SNAD, Significantly Not As Described): Buyer received the item but it's different from the description. There’re 2 cases that depend on the circumstance when Buyer receive the item:

    4. - Buyer did not receive & return the item: at the time of receiving the item, Buyer checked and found the item has SNAD. Therefore, they reject to receive the item, do not sign the delivery note or bill of lading and ask delivery person returned the item back to Merchant immediately. Nganluong.vn encouraged Buyer do as this guidance in order to get the best protection!

    - Buyer received the item: After Buyer signed and received the item, Buyer realized that the item has SNAD.

2.2. money condition

When Buyer complains, payment status can be one of the following status:

  1. a) Money hasn't transferred to Merchant's account: Buyer choose pending mode (thanh toán tạm giữ) for Merchant. At the time of complaint, the custody time limit still have ( or possibly run out of time)
  2. b) Money transferred to the account of a normal Merchant( at the time the custody time limit is end or Buyer paid immediately)
  3. Buyer immediate payment
  4. c) Money was transferred to the account of a MerchantDB when the time of payment still in effect, specific:

iii. Buyer choose pending mode for MerchantĐB, at the time of the complaint was approved, or Buyer paid immediately

  1. Buyer immediate payment;

2.3. the case of complaint.

Based on the reasons for the complaint that are referred to paragraph a, and transfers money status that referred to paragraph b, for the purpose of looking up, the customer complaints can be classified into one of nine case below. Buyer is recommended to vigilant in order to avoid to be in the situation at group B (Money is transferred to account of the normal Merchant). In this case, Nganluong.vn just can try to interfere with an extent possibility to help Nganluong.vn get the highest support. However, Nganluong.vn have to accept the financial risks if they were cheated by Merchant and Merchant transferred the money out of their Nganluong.vn account.

Article 3: Conditions for receiving complaints

Buyer’s complaint iss considered valid and can be accepted to handle by Nganluong.vn, if:

  1. a) The time of the complaint is not later than 60 days after making the payment.
  2. b) Buyer's account must work well and is considered as "legal account" by Nganluong.vn.
  3. c) The payment transactions used to be complained by Buyer/ rejected by Nganluong.vn before or Ngan Luong solved the complaints, Ngan Luong will not receive the complaints
  4. d) Payment Transactions for tangible physical product and can be transported, the following products are not considered valid for complaints:
  5. Vehicles, all kinds of money, the intangible products, types of services, real estate, transfer of business and all of the products that are prohibited in the "User Agreement" of Nganluong.vn;
  6. Note: services and digital content, electronic tickets ... are considered valid for receiving complaints if the seller is a valid member of the program "Digital Content Seller".
  7. e) Buyer uses Nganluong.vn to make payment once for the entire value of goods bill (Use payment button) or for the email requesting to pay sent by the Seller Contrary to these above conditions, there will be not valid to make a complaint. Therefore, you should be careful if you want to use this function.

Article 4: Procedure for receiving complaint

4.1. send complaints ( STEP 1):

When you think you're in the situation that referred to para A of Article 2, even Merchant give you any reason, Buyer should do the following guidance in order to send complaint. The faster you send complaint, the lower risks you can get.

- Log in Nganluong account:

+ Find corresponding payment transaction;

+ Use "Complain" button and provide relevant information.

-Contact Nganluong to resolve the dispute::

+ Hotline: 1900.58.58.99

+ Email: khieunai@nganluong.vn

+ Ngan Luong Office:

Hanoi: 3rd floor, VTC Online building, 18 Tam Trinh, Hai Ba Trung district

Ho Chi Minh City: 6th Floor, Sumikura Building, 18H Cong Hoa, Ward 4, Tan Binh District

Sample dispute letter can be downloaded HERE

- Wait for response from staff who Nganluong.vn complaint at Nganluong.vn;

4.2. consideration & receiving

  1. a) Determine the eligibility of complaint (step 2.1): after receiving complaints from Buyer, during office hours, Nganluong.vn will verify the information, check transactions and contact the Buyer & Merchant to hold preliminary information. If you find that the complaint of Buyer is unjustifiable/ or is not satify the conditions that are concerned in article 3, Nganluong.vn can deny the request and announce the reasons before finishing the complaint. If Nganluong.vn accept the complaints, Ngan Luong will notify to both parties by sending e-mail (step 2.2).
  2. b) Apply preventive measures (step 2.3): After opening the complaint court, it depends on money status (see article 2 paragraph b), risk level and prestigious history of Merchant, Nganluong.vn will apply some temporary preventive measures to minimize financial risk until the complaint is solved, contains these above measure:
  3. If the money is not transferred to the account of Merchant: Ngan Luong will freeze transaction in order that the money can't be transferred even if the custody time limit ends.
  4. If money was transferred to the account of Merchant:

-Freezing the money that equivalent to the value of complained transactions in Merchant's account, In the case the available balance is less than the value of complained transactions, the balance will be totally freezed;

-Temporarily freeze (just log in, but can't make transaction) or block the Merchant's account;

iii. For MerchantDB: temporarily removed the title "MerchantDB" for Merchant who has this honor title at the time Merchant is complained.

  1. c) Added prevent: Merchant is doubted that Merchant withdraw money out of Nganluong.vn quickly or transfer balance or purchase to the other account... Nganluong.vn may consider to apply some additional preventive measures, including:
  2. Refuse the withdrawal request
  3. Đ&-Freeze transfer money transactions at the Merchant's account which is complained. Ngan Luong will report to owner account, too.

iii, Ngan Luong even can freeze account if Ngan Luong has the reasons to doubt Merchant. That is there is collusion between accounts in order to in order to appropriate Buyer's money and money laundering.

Article 5: Handling complaints process

After complained court is opened, for your own benefits, both Buyer and Merchant has responsibility for following the evolution and join to the handling process throughout a tool named " Dialogue Box". This tool can help 3 parties participate in a conversation, that is located in detailed respective complaints of the "Manage complaints" area. All of handling complaint content will be save in this box and the process will be described as logical process below:

5.1. Confront and verify diagram (step 3)

  1. a) Confront information (step 3.1) Nganluong.vn control the complaint session by one or several questions in order to get more information, evidence, argument or request to protect yourself. Appendix 2: Product have big difference with the description Definition of Product have big difference with the description (SNAD) in this regulation is defined in a way that has not fully illustrate thorough as follows:
  2. For Buyer: report the case, capture the detailed transaction information, capture the product when received, bill of lading or scanned delivery notes receipt photos (certified by the carrier), the opening bill that is certified by the carrier (if available), etc ... In some cases, the Nganluong.vn can request the transfer the goods or the original document to Nganluong.vn office or return to Merchant (delivery fee is paid by Buyer).
  3. For Merchant: explain the case, capture the detailed transaction information, capture the product when received, bill of lading or scanned delivery notes receipt photos (certified by the carrier), the opening bill that is certified by the carrier (if available), etc ... In some cases, the Nganluong.vn can request the transfer the goods or the original document to Nganluong.vn office (delivery fee is paid by Merchant).

iii. In addition, the parties are encouraged to take the initiative to provide more information, evidence and arguments to dialogue box, critic the information from the other side (if necessary). It helps to solve the complaints more quickly and more accurately.

  1. b) Provide information (step 3.2): In reasonable time, Nganluong.vn will ask some specific requirement. Each party has the responsibility to provide information with a reasonable level. If both sides expressed unwillingness to cooperate, the complaint session will change to step 5 (judgement and compulsion, see Part C of this article), the judgement will detrimental to disobeyed side.
  2. c) Mediation (step 3.3): Argument & confrontation limited time last 30 days since the day the complaint session was opened, but It's up to each case that Nganluong.vn decide extended the time. During this time, the Nganluong.vn will:

i. Based on the provided materials, Nganluong.vn will analyse and verify the case independently and try to arrange in order that two sides can reconcile (step 3.3), then the process go to step 4 ( arrangement & settlement, see part C of this article).

  1. In the case of contradiction between Buyer & Merchant is too serious, and two sides can not reconcile, the process go to step 5 (judgement and compulsion, see Part B of this article)

5.2. arrangement & settlement(step 4):

  1. a) Agreement & overcome the consequences (step 4.1): the Buyer & Merchant come to a resolution agreement on dialogue Box under the witness of Nganluong.vn. Merchant must actively implement remedial measures as agreed with Buyer in a reasonable period of time (step 4.2), including but not limited to the following actions:
  2. INR: Resend the goods, or cancel the transaction (refund) ...
  3. In the case of the item is different from the description (SNAD): resend the goods like the description, or cancel the transaction (take back the goods & refund to Buyer), or refund a part of the money to discount for Buyer …
  4. b) Cancel the complaint (step 4.3): after Merchant made the commitments in the settlement agreement and Buyer was satisfied with it, Buyer proactive request to cancel the complaint. At this time, Nganluong.vn will finish the complaint and remove the preventive measures for the Merchant's account (as described in part b of Article 4).

c)However, if Nganluong.vn has the reason to believe that Merchant deliberate to not implement seriously the settlement agreement for the Buyer, the process will go to step 5 (judgement and compulsion, see part C of this article)

5.3. Arrangement and settlement (step 4 in diagram):

  1. a) Make a judgment (step 5.1): when controversy is ended, Nganluong.vn has the right to make the final conclusion about the case and make a judgment according to the rules that described in detail at Appendix 1 of this regulations. The judgement can be described totally like this:
  2. In the case of Buyer is wrong: Nganluong.vn will end the complaint and remove the preventive measures that apply to Merchant's account.
  3. In the case of Merchant is wrong, whether due to objective reasons during the transport process: Nganluong.vn will require Merchant overcome the consequences, including but not limited to the following actions:

&Merchantsp;&Merchantsp;&Merchantsp;&Merchantsp;&Merchantsp;&Merchantsp;&Merchantsp;&Merchantsp;&Merchantsp;&Merchantsp;&Merchantsp; - INR: Resend the goods, or cancel the transaction (refund) ...

&Merchantsp; &Merchantsp; &Merchantsp;&Merchantsp;&Merchantsp;&Merchantsp;&Merchantsp;&Merchantsp;&Merchantsp; - In the case of the item is different from the description (SNAD): resend the goods like the description, or cancel the transaction (take back the goods & refund to Buyer), or refund a part of the money to discount for Buyer …

  1. b) Compliance & implementation (step 5.2): if the conclusion is false, Merchant has responsibility to strictly abide and follow the contents of the judgment within 15 days. If Merchant doesn't do strictly, Nganluong.vn will carry out compulsory by confiscation a part of the balance or the entire balance ( as described in part b of Article 4 ) to return to Buyer. The judgment is enforceable maximum level within the scope, in this case:
  2. If the judgment can really be done thoroughly even in the case of Merchant voluntary or compulsory, Nganluong.vn will end the complaint and consider to remove the established preventive measures. However, depending on the attitude of cooperation and the level of risk in the future of Merchant, Nganluong.vn may consider to apply sanctioning measures to Merchant, including but not limited to: limited transactions, freeze account or block access for a time, terminate provide oNganluong.vnine payment service ...
  3. Conversely, if coercive execution can not be done completely and fully, Merchant just did a part of settlement, and make financial losses to Buyer in some level, the process will go to step 6 (insurance & compensation, see paragraph d of this article).

5.4. Insurance and compensation (step 6 in diagram):

  1. a) Consider the insurance conditions (step 6.1): In the case of Buyer have to suffer financial losses from payment transactions, but can not compulsory Merchant overcome the consequences completely & fully, Nganluong.vn will not accept any pressure or constraint. Nganluong.vn can consider to take money from the reserve fund to compensate for Buyer with amount of money up to 100% that can't be fixed in a time frame given by Nganluong.vn,see more in Article 7.
  2. b) Carry out compensation (step 6.2): In the case of Buyer has enough conditions to receive insurance, Nganluong.vn will transfer compensation into Buyer's account within 15 days since the day make insurance decision . Nganluong.vn will be considered as "injured parties" of the payment transaction when put the case to the law. Contrary to Nganluong.vn, Buyer is considered as "injured parties" if Buyer doesn't have enough conditions to be eligible for receive insurance money Within 15 days after the decision that Buyer is insured or not, Buyer has the responsibility to coordinate with the Nganluong.vn to complete the legal documents on the case, in order to bring the Merchant to the law, including but not limited levels: submit denunciations to the police agency investigation, submit petition to the court ... The next complaint session ends, then turns to the legal procedures, the account of Merchant can not never removed the preventive measures.

5.5. Bring to Court(Step 7 in diagram):

Within 15 days after the decision of being insured or not, Buyer has the responsibility to coordinate with Nganluong.vn to complete the legal documents o to bring the Seller to the court, including but not limited: submit denunciations to the police, send a civil lawsuit to a court ... complain later session ends to turn to the legal procedures, the account of Seller can be never removed from preventive measures.

Article 6: Transaction Insurance

6.1.Conditions of insurance:

the complaint of Buyer must satisfy with the following conditions in order that Nganluong.vn can consider compensation for damages:

  1. a) The complaint is not in the situation of Group B as described in paragraph c of Article 2 of this regulation.
  2. b) In the case of Merchant's account just use Nganluong.vn "MerchantDB" through the professional booth (Shop) in the transaction at CDT, complained transaction must be paid for every purchase at respective Shop of Merchant at CDT, so that Merchant just have enough valid conditions to considered to receive the insurance money.
  3. c) Buyer must receive the goods from the professional carrier with fully normative documents as bills of lading or cargo forwarding ... Nganluong.vn does not cover insurance for transactions if the goods are transferred under the other forms, including but not limited to:
  4. Seller delivery the good to Buyer's hand or Buyer receive directly the goods from Merchant, because in this case, Buyer know all about the quality of goods before receiving.
  5. Seller deliver the goods by using personally or intermediate unit without carriage of goods functions that are permitted by the law, for example, deliver by bus…
  6. c) In addition to ensure about the quality of goods, Buyer need to receive the goods directly , check the goods and certify with carrier. Nganluong.vn does not cover insurance for transactions if the goods is received by someone who isn’t Buyer (family relatives, colleagues at workplace, roommates …)

6.2. value of compensation:

With a complained transactions, when it is considered to insure may receive a valuable remedy in X - Y - Z W but not over W for each case, including:

  1. a) X = Value of financial losses that Nganluong.vn judge Merchant have to pay for Buyer (note: subtracting the total value that Nganluong.vn valuate for each item that Merchant used to indemnify for Buyer- if available).
  2. b) Y = The total value of the money that Nganluong.vn prevent from step 2.3 (see sections II and III, paragraph b of Article 4) and can be recovered to return to Buyer.
  3. c)Z = The cost of handling complaints that Nganluong.vn can be raised in each case;
  4. d) W = The maximum compensation level of assurance that complained sellers are involved ( if available), please see additional content "Seller Guarantee"

Appendix 1: Orient the regulation about making judgement

The following table oriented the thinking and judgment of Nganluong.vn after Nganluong.vn make the conclusion about the complaint:

STT

The conclusion

Judgement

I. The cause that relates to deliver the goods

1

Deliver directly without through professional intermediaries of delivery units
For example: Buyer go to Merchant’s shop to take the goods, Merchant deliver the goods to Buyer’s hand, the two sides agreed to meet at a location for delivery…

Jedgement is beneficial to Buyer: Nganluong.vn did not receive the complaint.

2

The goods is different from the description, Buyer doesn't receive and return the good to Merchant.
At the time of delivery, Buyer check carefully and find the goods has SNAD, so that Buyer reject the goods (not sign the delivery note or bill of lading) and request the carrier returned to Merchant immediately.

Judgement is beneficial to Buyer: Merchant must take responsibility.
3

The goods is different from the description, but Buyer or Buyer's relatives or Buyer's friend at the Buyer's address sign the delivery note or bill of lading

Based on evidences that are provided by both parties before, Nganluong.vn will verify and making a final decision. However, Nganluong.vn recommends Buyer predict and avoid to fallinto this situation.
4

In the process of transportation of goods, the goods is damaged or lost.

Judgement is beneficial to Buyer: Merchant must work with delivery unit to deal with the consequences. Additionally, Merchant must report back to Buyer to extend delivery time.
5

The goods is sent to wrong address. It depends on each case, Buyer or Merchant pay for redelivery fee.

- If Merchant sent wrong address, Merchant will pay the redelivery fee.
- If Buyer provided wrong address, Buyer will pay the redelivery fee.

II. the causes that relate to delivery time
1

If after 3 days, Merchant does not log in Nganluong.vn to confirm delivery the goods.

Judgement is beneficial to Buyer: Buyer can require to cancel transaction and refund

2

If Buyer cancaled transaction and refund before Merchant confirm to deliver the goods.

Judgement is beneficial to Buyer: Transaction is considered to be canceled, Merchant stop to deliver the goods and Buyer receiving money back.
3

Merchant knows Buyer canceled transaction and require to refund, but still deliver the good ( the time on bill of lading is late than canceled transaction time that is noted by Nganluong.vn system)

Judgement is beneficial to Buyer: Buyer has the right to refuse to receive the goods, Merchant has to cancel the transaction and send money back to Buyer.
4

If Merchant sent the goods before receiving the request for canceling transaction and asking to refund from Buyer but Merchant still notify to Buyer ( the time on bill of lading is earlier than the time that is noted by Nganluong.vn system)

Judgement is adverse to Buyer: Buyer need to receive the goods and can't be refunded. Nganluong.vn finishes the complaint session.
5

Buyer changes his mind, doesn't want to buy anymore, so that Buyer refuse to receive the goods

Judgement is adverse to Buyer: Merchant has the right to not agree. If Nganluong.vn verify it is the truth, the complaint session is closed.

III. The causes that relate to the quality of goods

1

The goods is different from the description (SNAD).

Judgement is adverse to Buyer: Buyer has the right to not receive the goods, Merchant has to remedial consequences
2

Defective goods or lacking goods

Judgement is adverse to Buyer: Merchant has to cancel transaction . It's up to Buyer's requirement, Buyer has to receive the goods back and refund to Buyer), discount or barter.
3

If the error/defection of the goods doesn't match as Buyer described

Judgement is adverse to Buyer: Merchant is win, the complaint session is ended.
4

If the goods that Buyer received is match with the description, but Buyer doesn't a want to buy anymore or feel the goods is not as expected.

Judgement is adverse to Buyer: Merchant is win, the complaint session is ended.
5

If the goods have been used with some small errors that Merchant announced to Buyer & make an agreement with Buyer.

Judgement is adverse to Buyer: Merchant is win, the complaint session is ended.
6

Disputes between Buyer & Merchant happened because two sides did not reach the agreement about the quality and the model. Buyer requested to be refunded but is not accepted by Buyer for unjustified reason.

Based on the evidence that was provided by both parties, Nganluong.vn will verify and make the final decision.

IV. Group of causes related to Exchange/return
1

Merchant’s sales policy but then deliberately not taken seriously.

Ngan Luong handle complaints, investigate to verify the documents the buyer sent; and contact the seller to verify the incident. Ngan Luong will take arbitration ask the seller to perform the obligation and refund to Buyer.
2

The sales policy of the Merchant allows Buyer change/return but not stated who will pay for the ship’s fee

As prescribed, the seller will incur shipping charges.
3

Merchant agree to settled for Buyer change/return but still have disputes on shipping fee

- If the mistake due to Merchant, the shipping charges will be pay by Merchant.
- If there is no fault, shipping charges will be pay by Buyer.

Appendix 2: Product is difference from the description

Definition of Product have big difference with the description (SNAD) in this regulation is defined in a way that has not fully illustrate thorough as follows:

1. the goods is considered as snad

When Merchant omitted or provided wrong information when describing details of products , that affects the value or usability of them, including but Nganluong.vn limited to the following illustrative examples:

  1. a) Products/goods received completely different than the description of Merchant in the posting sales, for example, get the CD instead of the book, get a desktop instead of laptop, receive a photograph of the product instead of the real product, get an empty box , etc…
  2. b) The use of the goods have a big difference, for example, reality shows clearly the product has been used many times, but Merchant describes as "almost new" or "raw" box, or the product has been re-packaged but Merchant describes as "new";
  3. c) Products not be used but not noticed clear when selling, for example, the product does not work because of missing important parts, faulty/damaged or out of date use. Note: Nganluong.vn care about the situation when Buyer receive, not to the situation when Merchant send;
  4. d) The product is not genuine, but not clear when selling, for example, counterfeiting or clones, but the ads of Merchant made Buyer thought that it’s genuine, or received similar product description but of a different brand or inferior brand;
  5. e) The products received are missing an important part or not enough quality or quantity, for example, 1GB RAM, but buy 3 get 2 bars Nganluong.vn have 1 bar Nganluong.vn 1GB or 512MB, or a cell phone dynamic battery shortage.

2. the goods is not considered snad

If Merchant mentioned a sensibly about the limitations of the product in the description when posting, or Buyer merely not like or disappointed about the product after have viewed, so they want to change the intention, or Buyer misunderstand the intent of the Merchant, etc… including but Nganluong.vn limited to the following illustrative examples :

  1. a) Goods received have problem but the description was reasonable and understandable when posted for sale, for example: "the product may not work well" or "the product is missing a / some parts" or "look the scratches / breakage in the photo" ...
  2. b) After directly take a view and touch the product Buyer do not want it anymore, for example: Buyer found a nice shirt for sale Nganluong.vn but pretty bad when worn it on.
  3. c)There is a misinterpretation or misunderstanding in a reasonable way between Buyer & Merchant about the meaning of the product’s description, for example: Merchant noticed that ”battery drained” but Buyer does not understand the meaning of “drained”, nor asked Merchant clearly, but then complain because the duration of the battery is too low when received;
  4. d) Lỗi mà Buyer khiếu nại là hệ quả hợp lý của một hạn chế của sản phẩm mà Seller đã mô tả trước, ví dụ: sản phẩm bị xước nhẹ trong khi Seller đã mô tả là hàng đã qua sử dụng;

The mistake that Buyer complaints is the result of a limitation of the product that was described before, for example product has slight scratches, while Merchant was described as a second-hand product; Nganluong.vn encourage Buyer and Merchant Nganluong.vn directly contact with each other before and after each transaction in order to avoid SNAD and solve problem in equitable way, if incidents occur; with the controversial case, Nganluong.vn retain the final decision about the products that are deemed SNAD or not.