Customer's right to information. TECOM-LEASING LLC

Customer’s right to information

The register of persons who are not financial institutions, but have the right to provide separate financial services, about legal entities-lessors and postal operators, which is maintained by the National Bank of Ukraine.

The list of all participants contained in the above-mentioned register can be found on the website of the National Bank of Ukraine at the following link:

https://bank.gov.ua/ua/supervision/split/registers-lists#1

Provision of information in accordance with part of Article 7 of the Law of Ukraine “On Financial Services and Financial Companies”

LIMITED LIABILITY COMPANY “TECOM-LEASING” (hereinafter referred to as the “Company”) as a legal entity that has the status of a financial institution, has the right to provide certain financial services (the Lessor) provides its Clients with the opportunity to familiarize themselves with information about the financial service and other information , related to the receipt of a financial service, as required by the second part of Article 7 of the Law of Ukraine “On Financial Services and Financial Companies”, including before concluding an agreement with the client on the provision of a financial service.

1) Information about the financial service proposed to be provided to the Client, indicating the cost of this service for the Client, unless otherwise provided by laws on the regulation of individual markets of financial services

The Company provides the financial service of leasing objects (equipment, machinery, cars, etc.) under the terms of financial leasing in accordance with the requirements of the current legislation of Ukraine and in accordance with the Company’s approval internal rules for providing financial leasing services.

Information about the financial service is set out in the Financial Leasing Agreement (hereinafter referred to as the “Agreement”), the main terms of which the Client can read on the Company’s website before its conclusion.

In addition, the Client can independently calculate the cost of leasing by entering the necessary data in the online system (type of leasing object, cost, cost currency, financing currency, advance, period for which financial leasing is provided, payment scheme, Client category (physical /legal entity) in the leasing calculator. The leasing calculator displays the calculation (Schedule of leasing payments) calculated as the amount due at the end of the leasing term (based on the assumption that the Client will not make payments to the Company before the last day of the leasing term, and the Client fulfills the obligation to pay all leasing payments without delay), calculated based on the values selected (specified) by the Client in the leasing calculator, and information is also provided on the increase in the value of the leased object as a percentage per year.

2) Information on the conditions for providing additional financial services and their cost

As a general rule, the Company’s provision of financial services for the provision of a leased object (equipment, machinery, cars, etc.) under the terms of financial leasing does not include the provision of additional financial services to Clients. But in the event that in some cases the Company will provide additional financial services, the provisions on the conditions of their provision and their cost will be included in properly executed transactions (agreements) with mandatory compliance/fulfillment of the requirements provided for by the current legislation of Ukraine for such cases, in particular , but not exclusively, regarding properly informing the Client about additional financial services, including their cost.

3) Information on the procedure for paying taxes and fees at the expense of an individual as a result of receiving a financial service

In compliance with the requirements of paragraph 3 of the second part of Article 12 of the Law of Ukraine “On Financial Services and State Regulation of Financial Services Markets”, the Company informs that the receipt by the Clients – natural persons from the Company of financial services for the provision of the leasing object (equipment, machinery, cars, etc.) on the terms of financial leasing, does not provide for the payment of taxes and fees at the expense of an individual as a result of receiving a financial service. The client – a natural person under the conditions defined by the relevant contract after receiving the leased object and until the moment of payment of all leasing payments and the signing of the deed on the transfer of ownership of this leased object, does not receive income (there is no object of taxation), and the Company is not recognized as a tax agent for personal income tax in the sense specified in the Tax Code of Ukraine.

4) Information on the legal consequences and the procedure for making settlements with an individual as a result of early termination of the provision of financial services

The Company provides the Clients with a financial service for the provision of the leasing object (equipment, machinery, cars, etc.) under the terms of financial leasing based on the Agreement.

According to Article 629 of the Civil Code of Ukraine (hereinafter referred to as the “Civil Code of Ukraine”), “a contract is binding on the parties.”

According to Article 631 of the Civil Code of Ukraine, “the term of the contract is the time during which the parties can exercise their rights and fulfill their obligations in accordance with the contract.”

According to Article 525 of the Civil Code of Ukraine, “unilateral waiver of an obligation or unilateral change of its terms is not allowed, unless otherwise established by contract or law.”

Early termination of the Agreement is allowed:

with the agreement of the Parties to the Agreement – at any time during the validity of the Agreement;
unilaterally by the Client notifying the Lessor in writing, if the delay in the transfer of the leased object is more than 60 days, and this delay is due to the fault of the Lessor, and is not the result of the delay of the supplier (seller) of the leased object;unilaterally by the Lessor under conditions of violation by the Lessee of the assumed obligations, the list of such violations is expressly defined in the Agreement.
Upon termination of the Agreement by consent of the Parties, the issue of settlements between the Parties of the Agreement must be settled in the relevant agreement between them on the termination of the Agreement.

In the case of unilateral termination of the Agreement by the Client (in accordance with the procedure indicated above), early termination of the provision of financial services involves the return of the advance payment paid by the Lessee, if this payment was made by him before the occurrence of circumstances that give grounds for withdrawing from the Agreement.

In case of unilateral termination of the Agreement by the Lessor (according to the procedure indicated above), the Lessee has a deadline for payment of all unpaid payments remaining under the Agreement, as well as all due payments (overdue payments according to the schedule and fines). In case of non-fulfillment of this condition, the Lessor has the right to collect from the Lessee the amount of due payments (overdue payments, according to the schedule and fines) and demand the return of the leased object in an undisputed manner on the basis of a notary’s executive inscription in accordance with the law.

If the Agreement is amended or terminated by court order, the obligation is amended or terminated from the moment the court decision to amend or terminate this Agreement enters into force.

The company is concerned that the rights of consumers of financial services are protected as much as possible. For this purpose, the Company informs the Clients that the Company, in its activity of providing the leasing object (equipment, machinery, cars, etc.) on the terms of financial leasing, observes/fulfills the relevant requirements stipulated by the current legislation of Ukraine regarding the protection of consumer rights, in particular, but not exclusively, by the Laws of Ukraine “On Financial Services and State Regulation of Financial Services Markets”, “On Protection of Consumer Rights”.

The Law of Ukraine “On the Protection of Consumer Rights” regulates relations between consumers of goods, works and services and manufacturers and sellers of goods, contractors and service providers of various forms of ownership, establishes the rights of consumers, as well as defines the mechanism of their protection and the basis of the implementation of state policy in the field of protection consumer rights.

According to clauses 17 and 22 of Article 1 of the Law of Ukraine “On the Protection of Consumer Rights”:

service – activity of the performer to provide (transfer) to the consumer a certain tangible or intangible good defined by the contract, which is carried out at the individual order of the consumer to meet his personal needs;

consumer – a natural person who purchases, orders, uses or intends to purchase or order products for personal needs not directly related to business activities or the performance of the duties of an employee.

Article 1-1 of the Law of Ukraine “On the Protection of Consumer Rights” defines that this Law regulates relations between consumers of goods (except food products, unless otherwise expressly provided by this Law), works and services and manufacturers and sellers of goods, performers of works and service providers .

In accordance with the requirements of Part 1 of Article 215 of the Civil Code of Ukraine, the ground for invalidity of the deed is non-compliance by the party (parties) with the requirements established by the first – third, fifth and sixth parts of Article 203 of this Code at the time of the deed.

According to the provisions of Part 1 of Article 18 of the Law of Ukraine “On the Protection of Consumer Rights”, the seller (executor, manufacturer) must not include unfair conditions in contracts with the consumer.

Paragraphs 4 and 7 of Part 3 of Article 18 of the Law of Ukraine “On the Protection of Consumer Rights” include unfair contract terms:

enabling the seller (executor, producer) not to return funds for the payment made by the consumer, in the event of the consumer’s refusal to conclude or perform the contract, without establishing the consumer’s right to receive appropriate compensation from the seller (executor, producer) in connection with termination or non-performance by him contract;

giving the seller (performer, producer) the right not to return funds for payment of undelivered products in the event of termination of the contract at the initiative of the seller (performer, producer).

In accordance with parts 5 and 6 of Article 18 of the Law of Ukraine “On the Protection of Consumer Rights”, if a provision of the contract is found to be unfair, including the price of the contract, such provision may be changed or declared invalid. In the event that a change in a provision or its recognition as invalid leads to a change in other provisions of the contract, at the request of the consumer:

such provisions are also subject to change; or
the contract may be declared invalid as a wholeThe company undertakes not to include unfair conditions in contracts with consumers on the provision of leasing objects (equipment, machinery, cars, etc.) under the terms of financial leasing in accordance with the provisions of the Law of Ukraine “On the Protection of Consumer Rights”.

In order to obtain the necessary protection of their rights and to settle disputed issues (if they arise), consumers of financial services provided by the Company have the right to contact the Company directly at the telephone number:

(048) 784 73 47, or write a letter to the email address (electronic mail): info@tekom-lease.com.ua. In the subject of such a letter, it should be noted: “Protection of consumer’s rights, full name”, where instead of “full name”, the surname, first name and patronymic of the consumer whose rights, in the opinion of the person applying, need to be protected, should be indicated.

6) Information on the details of the body that carries out state regulation of financial services markets (address, phone number, etc.), as well as the details of bodies on the protection of consumer rights

National Bank of Ukraine

Location: 9 Instytutska Street, Kyiv, 01601

Phone: +38 (044) 230 18 44

Email: nbu@bank.gov.ua

State Service of Ukraine for Food Safety and Consumer Protection

Address: 01001, Kyiv city, Borys Grinchenko street, building 1.

Phone: (044) 279 12 70 – reception;

(044) 278 84 60, 278 41 70 – office

Fax: (044) 279-48-83.**

Website: consumer.gov.ua.

The head office of the State Production and Consumer Service in Kyiv

Address: 03151, Kyiv, Volynska street, building 12.

Phone: (044) 486-54-86

Fax: (044) 486-40-27.***

Website: dpss.gov.ua

* According to the website nfp.gov.ua.
** According to the website consumer.gov.ua.
*** According to the website dpss.gov.ua.

7) Information on the size of the Company’s remuneration in the event that the Company offers financial services provided by other financial institutions

As a financial institution, the Company does not offer its Clients financial services provided by other financial institutions. The Company offers its Clients to receive financial services provided by TECOM-LEASING LLC. In this regard, the Company does not receive remuneration from a financial institution in the event that it offers financial services provided by other financial institutions.

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