Dispute Resolution Procedures

Last Updated: May 12, 2022

The following Dispute Resolution Procedures govern Wisetack’s management of disputes between Customers and Merchants relating to specific transactions processed through the Services. Unless otherwise defined herein, capitalized terms shall have the same meaning as in the General Terms of Service (the “Terms”) between Wisetack and Merchant.

Except as otherwise expressly set forth in the Terms and the Merchant Agreement, the Merchant agrees that any disputes arising from or otherwise related to a Customer’s use of the Services or a Customer’s transactions with the Merchant will be treated in accordance with the procedures set forth below. Wisetack may modify these Dispute Resolution Procedures, from time to time, at its sole and absolute discretion. The most up-to-date dispute policy can be found at wisetack.com/disputes

Please direct all Disputes and related materials to resolutions@wisetack.com. To ensure thorough and proper investigation, we require all Dispute-related requests be initiated via email.

Dispute Initiation

Wisetack may receive written or verbal inquiries or complaints from Customers about a product or service purchased from a Merchant using Wisetack’s Services. In such cases, Wisetack shall, in the first instance, direct any such inquiries or complaints about a product or service purchased from the Merchant directly to the Merchant for resolution. If the Customer is unable to resolve their inquiry or complaint with the Merchant directly within 14 days, then Wisetack may, but is under no obligation to, initiate a formal dispute (“Dispute”).

Wisetack shall investigate Disputes as set forth below. The initiation of a Dispute in no way alters the parties’ rights and responsibilities under this Agreement and Customers must continue to make their monthly payments towards their loan balance during the Dispute process. If the Dispute is found fully in the Customer’s favor, a refund of payments will be provided. 

Disputes

Types of Disputes may include, but are not limited to:

  1. Product or service unacceptable. Customer claims that a product or service they received is faulty, incomplete, or otherwise fails to conform to the description provided by the Merchant prior to agreeing to the transaction.
  2. Product or service not received. Customer claims that they have not received a product or service they purchased from Merchant.
  3. Cancelation or return not processed. Customer claims that they were charged for a product or service they canceled or returned in a manner consistent with the Merchant’s stated refund and return policy at the time of the Customer’s purchase.
  4. Incorrect or duplicate charges. Customer claims that they were charged an incorrect amount or were charged multiple times for the same item or order.

Wisetack’s Investigation of Disputes 

Customers shall have sixty (60) days from loan origination to initiate a Dispute with Wisetack. Wisetack may, at its sole discretion, choose whether to investigate a Dispute or not.

After a Dispute is initiated, Wisetack: (a) will promptly inform the Merchant of the Dispute along with relevant details of the Dispute; and (b) in its discretion may withdraw the affected funds from the Merchant’s bank account until such Dispute is resolved. Both Merchant and Customer shall have fifteen (15) days from initiating a Dispute to respond and provide supporting evidence. Upon receipt of such evidence, Wisetack shall have fifteen (15) days to investigate the Dispute and communicate its resolution to both the Merchant and Customer. Wisetack will provide to either party, upon request, the evidence submitted by the other party, with sensitive or personal information redacted at Wisetack’s discretion. Wisetack will consider all relevant evidence provided by the Customer and the Merchant within the time frame set forth above in its investigation of Disputes.

Below are some common examples of evidence that a Merchant or Customer may present to support its claim(s):

  • Invoices
  • Signed contracts
  • Pictures
  • Email or text communications
  • Shipment tracking numbers
  • Delivery confirmation
  • Proof of prior refunds or replacement shipments
  • Certified third-party inspection results

In addition, Wisetack may request and review other types of information it deems relevant to adjudicate the Dispute.

 

Resolution

Wisetack will resolve all Disputes in favor of the party that best substantiates its claim(s). If Wisetack resolves a Dispute in favor of the Merchant, the Merchant will not be liable for any amount of principal or interest related to the disputed transaction, and any funds withdrawn related to the disputed transaction shall be returned. 

If Wisetack resolves a Dispute in favor of the Customer, Wisetack shall refund the disputed amount to the Customer. In such an event, the Merchant shall reimburse Wisetack for the amount refunded to the Customer. If the Merchant wishes to contest Wisetack’s resolution of a Dispute, the Merchant may submit a written rebuttal and any supporting evidence to Wisetack within three (3) calendar days.