Dispute Resolution Procedures

Overview

For each transaction, Wisetack processes the payment for the Merchant’s product or service, and the Merchant fulfills the delivery of said product or service. If a customer experiences an issue with the product or service they received and contacts Wisetack, Wisetack will direct the customer to the Merchant for a resolution. If the customer is unable to resolve the issue with the Merchant, Wisetack will help facilitate the resolution.

The general resolution process:

  1. Customers can open a dispute within 60 calendar days of loan origination.

  2. Both Customers and Merchants have 15 calendar days to provide evidence to substantiate their claims.

  3. After providing all evidence, Wisetack will notify the Customer and Merchant of a decision within 15 calendar days.

Wisetack Dispute Resolution Procedures

The following Dispute Resolution Procedures govern Wisetack’s management of disputes between Customers and Merchants relating to specific transactions processed through the Services. Capitalized terms, unless otherwise defined herein, 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 General Terms of Service and the Merchant Agreement, Merchant agrees that any disputes arising from or otherwise related to a Customer’s use of the Services or Customer transactions with Merchant will be treated in accordance with the procedures set forth below. Wisetack may modify these Dispute Resolution Procedures, from time to time, in its sole and absolute discretion, upon at least thirty (30) days’ prior written notice to Merchant. 

Please direct all disputes to resolutions@wisetack.com

1. Customer Disputes.

Merchant shall direct any Customer written or verbal inquiry, complaint or dispute about Wisetack’s Services related to the origination, terms or servicing of any credit provided to a Customer by Wisetack (each, a “Wisetack Dispute”) directly to Wisetack for resolution. Additionally, Wisetack may receive written or verbal inquiries or complaints from Customers about a product or service purchased from Merchant using Wisetack’s Services.  In such case, Wisetack shall, in the first instance, direct any such verbal inquiries or complaints about a product or service purchased from Merchant directly to Merchant for resolution.  If Customer is unable to resolve their inquiry or complaint with the Merchant directly within a reasonable time, then Wisetack may, but is under no obligation to, initiate a formal dispute (each, a “Merchant Dispute”).  In such case, Wisetack shall investigate Wisetack Disputes and Merchant Disputes as set forth below.  The initiation of a Wisetack Dispute or a Merchant Dispute in no way alters the parties’ rights and responsibilities under this Agreement or the rights and responsibilities between Wisetack and Customers, unless otherwise stipulated.   

2. Merchant Disputes. 

 

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

  1. Product or service unacceptable. Customer claims that a product or service they received is substandard, 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 Merchant’s stated refund and return policy in effect at the time of Customer’s purchase.

  4. Incorrect or duplicate charges. Customer claims that they were charged an incorrect amount or that they were charged multiple times for the same item or order.

3. Wisetack’s Investigation of Disputes.  

Wisetack will use commercially reasonable efforts to resolve Wisetack Disputes that Wisetack has elected to investigate directly with Customer.

Customers shall have sixty (60) days from loan origination to request that a Merchant Dispute with respect to such transaction be initiated by Wisetack, subject to the conditions set forth herein. After initiating a Merchant Dispute, Wisetack will: (a) promptly inform Merchant of such Merchant Dispute by forwarding the dispute to Merchant along with any supporting evidence provided by Customer, and (b) withhold the disputed amount until such Merchant Dispute is resolved. Both Merchant and Customer shall have fifteen (15) days from the initiation of a Merchant Dispute to respond and/or provide supporting evidence, after which time Wisetack shall have fifteen (15) days to review the Merchant Dispute and communicate its resolution to Merchant and Customer. Wisetack will consider all evidence provided by Customer and Merchant within the time frame set forth above in its investigation of Merchant Disputes.

 

Below are some common examples of evidence that a Merchant may present in order 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 other types of information it deems relevant in order to adjudicate the dispute.

4. Resolution.

Wisetack will resolve all Merchant Disputes in favor of the party that best substantiates its claim(s). If Wisetack resolves a Merchant Dispute in favor of Merchant, Merchant will not be liable for any amount of principal or interest related to the disputed transaction, and any funds withheld related to the disputed transaction shall be released. If Wisetack resolves a Merchant Dispute in favor of Customer, Wisetack shall refund the disputed amount to Customer. In such an event, Merchant shall reimburse Wisetack for the amount refunded to Customer. If Merchant wishes to contest Wisetack’s resolution of a Merchant Dispute, Merchant may submit a written rebuttal along with any supporting evidence to Wisetack promptly following resolution.