GENERAL TRANSACTION CONDITIONS OF CONSUMPTION LENDING CONTRACT
Lotte Vietnam One Member Limited Liability Company (LotteFinance) would like to thank customers for using LotteFinance's service. This general transaction condition is built by LotteFinance to facilitate customers in consumer loans transactions between customers and LotteFinance.
This general trading condition is part of the Consumer Loan Contract. Therefore, Customers need to learn carefully to avoid unfortunate problems later.
a) "Company" or "LotteFinance" or "Lotte Fin" is a Lotte Vietnam member limited liability finance company, company number is 0103172804;
b) "Customer" means the Borrower, the person who signs the contract of consumer lending with the Company;
c) "General Conditions" means all content in this document;
d) "Specific Conditions" means all information, terms, agreements, appendices (if any) signed between the Company and the Customer relating to the Loan, except the General Condition;
e) "Loan" means a consumer loan with a loan amount, loan purpose, and other information described in the Specific Conditions and in this document;
f) "Contract" means the entire agreement between the Company and the Customer relating to the Loan, including the Specific Conditions and General Conditions;
g) "Due date" is the date on which the Customer must pay part or all of the principal, interest, fees, fines, damages, other expenses and accounts payable to the Company. The due date includes: Date to pay monthly, Date to pay the first period, Date to pay the last period (Final date of the loan term), Other due date as prescribed by law or as agreed between Customers and Company;
h) "Debt due" means the amount that the Customer must pay on the Due Date. The due debt includes: Amount to be paid monthly on the Date to be paid in the first period / Date of corresponding monthly payment / Date of the last payment; all remaining debts on the Final Date of the Loan Term; the amount that Customer must pay on Other Due Date;
i) "Working day" is the working day of the Company (not on weekends, holidays in Vietnam);
j) "Insurance contract" means the life insurance policy and / or property insurance that the Lender sponsors to pay the premium, or another Policy related to the Loan;
k) "Company Website" is the address http://www.lottefinance.vn
2. INTEREST RATE
a) Principles for determining interest rates: Lending interest rates are determined according to the agreement between the Customer and the Company on the basis of market capital supply and demand, loan demand and creditworthiness of the Customer.
b) Interest rate for lending in term, preferential lending interest rate (if any) according to specific agreement in consumer lending contract.
c) Interest will be calculated based on the actual loan balance and the time of maintaining the actual loan balance (except in the case of Section 4.b of this document). Interest is calculated on a 01 year basis with 365 days.
d) The time of receiving the debt and starting to calculate the interest is (i) the time when the Company successfully disburse the money into the Customer's account or the time when the Customer receives the money at the Company's expenditure unit (for disbursement for borrowing cash);(ii) the time when the Customer signs a Consumer Loan Contract (for loans to purchase goods and services); for the amount of the loan to pay the premium, the time to receive the debt and start calculating the interest is the same as the time of debt collection and start calculating the interest above.
e) Interest rate applicable to overdue principal outstanding is equal to 150% of the lending interest rate in a year by the time of overdue debt transfer, specifically:
- Interest on the principal outstanding is equal to (=) 150% multiplied by (x) Loan interest rate within the year, multiplied by (x) Balance of the overdue principal and multiplied by (x) Number of overdue days , and divide by (:) 365
- In which: The above-mentioned lending interest rate is the non-preferential lending interest rate; The number of overdue days is calculated from the time of overdue debt transfer until fully paid.
When the original debt is overdue, the accrued interest may be much larger than the original debt. Therefore, even for loans with small value, customers need to pay debts in full and in time to avoid debts that exceed the customer's repayment capability.
f) Interest rate applicable to overdue interest debt is 10% / year.
- Interest on overdue debt is equal to (=) 10% multiplied by (x) Overdue interest debt, multiplied by (x) Number of overdue days, and divided by (:) 365
- In which: The number of overdue days is calculated from the date following the interest payment due date until it is fully paid.
g) Interest rate applicable to other payments (if any) is overdue 20% / year. This interest rate is calculated from the next day the payment due date to the full payment date.
a) Customers must pay due debts to the Company on or before the Due Date. If the Customer pays before the Due Date, this amount will not be charged by the Management Company and will be automatically collected on the Due Date. If the date must be paid monthly, the date of the firstpayment is due , the date of the last payment (the last day of the loan term) is not a working day, the due date is the next working day and interest calculated up to the date of actual payment. Customers must actively pay debts, regardless of the debt reminding of the Company.
b) The Company may notify the repayment schedule to the Customer in one or more of the forms mentioned in Section 11 of this document.Customers need to review the information and feedback to the Company within 05 (five) working days after receiving the repayment schedule. If the Customer does not respond to the Company within the above period, it is understood that the Customer agrees with the repayment schedule.
c) The customer only makes payment via the Company's bank account, or the method of payment to the Company specified in the Private Conditions or the officially announced payment method at the Company Website. All payments to the Company must specify the Loan Contract number. Customers must retain payment documents to compare later. The company is accepted for payment from another person, if this person agrees to make payments on behalf of the Customer.
d) All payments to the Company are deemed to have been paid when they are credited to the Company's bank account and the payment order has all the necessary information, or earlier in accordance with the agreement between the Company. with intermediary payment organization. The customer is still liable to the Company for late payment even if the delay is due to the delay of the intermediary organization.
e) If paying by deducting monthly income, the Customer agrees to let the Income Payer automatically deduct the amount from the Customer's income and transfer it to the Company. The customer is still responsible for any errors of the Income Payer resulting in the debt not being paid in full and on time. In case the Customer retires, the Customer must pay for the Company.
f) Debt collection is performed in the following order of priority: fees, fines, damages, other payables, late payment interest, interest and principal debts. For loans with overdue debt repayment, the Company follows the following order: the principal is collected in advance, the loan interest is later collected.
|Guidelines for loan terms|
4. PRE-PAY DEBT
a) Customers are entitled to repayments before maturity with the condition of early repayment, early repayment fees according to Private Conditions.
b) If the Customer does not agree with the condition of early repayment / early repayment fee at the Private Condition , the Customer is still entitled to repay the debt before the due date but must pay the interest according to the entire Loan Term ( as of last day of term loan recorded on the Contract), under such provisions of the Civil Code .
c) In case the Company accepts Customer's early repayment of a part of the Loan, the Company notifies the Customer of the schedule for repayment of principal and interest on the principal outstanding remaining under one or some of the forms mentioned in Section 11 of this text.
5. TRANSFER OF OVERDUE DEBT
a) Loans are not restructured repayment term, unless the Company and the Customer have agreed.
b) The debt transfer company is overdue if the customer does not pay in full and on the due date on the due date. The time of original debt transfer is the next day of the Due Date. After the overdue debt transfer, the Company will notify the Customer of the overdue debt transfer under one or more of the forms mentioned in Section 11 of this document, the minimum notice content includes: principal balance overdue, the time of overdue debt transfer, interest rate applicable to the outstanding principal outstanding . The Company's announcement does not affect the calculation of interest on outstanding outstanding principal. Customers are subject to interest based on the interest rate applicable to the principal outstanding, which is overdue from the time of original overdue debt transfer, whether or not the Customer has received the notice.
c) The Company will transfer the overdue principal if the Customer fails to pay fully and correctly the original debt according to the Notice of loan termination, debt recovery before maturity . The time of overdue debt transfer is the time stated in the Company's notice.
d) The Company will convert interest and other payments into overdue debt and calculate interest on overdue debt when the Customer fails to pay fully and on time.
6. TERMINATION OF LOAN, WITHDRAWAL PRE-TERM DEBT
a) The company has the right to unilaterally terminate the loan and recover all debts before maturity when detecting that customers provide false information, violate provisions in the loan agreement. Unless otherwise required by law, the following cases are violations of the loan agreement, and are a basis for the Company to unilaterally terminate lending and recover debts before maturity:
i) Customers change contact address, phone, email without informing the Company that they cannot contact for 02 months or more;
ii) Customers violate obligations and commitments that cannot be overcome, or have been notified by the Company but do not fully and timely redress as required by the Company;
iii) Customers die, have lost their capacity of behavior, have limited capacity for behavior;
iv) Customers prosecute or are incapable of working or seriously reducing their health;
v) Customers pay debts from 02 times or more;
vi) Customer has any credit granted to bad debt;
vii) Insurance events occur under the Insurance Policy;
viii) The Loan is used for unlawful purposes or continued lending resulting in the Company violating any legal provisions;
ix) Assets of customers held, blocked, distrained and enforced;
x) Customers provide untrue information or documents or make statements, guarantees and ensure inaccuracies and dishonesty;
xi) Any event that has a significant adverse effect on the Customer's ability to repay;
xii) Other cases as prescribed by law.
b) When any of the above events occur (except in cases i, ii, iii), Customer must notify the Company within 05 working days from the date of the event.
c) When one or more of the above cases occur, the Company has the right to choose the appropriate time to decide to terminate the loan, recover the debt before the due date by notifying the Customer.
d) When terminating lending, recovering debt before maturity, the Company must notify the Customer of the termination of the loan, early debt collection under one or several forms mentioned in Section 11 of this document. with the minimum notice content including: the time of terminating the loan, recovering the debt before the term, the balance of the original debt to be recovered before the maturity date; the time limit for repayment of the outstanding principal balance before the maturity date, the time for overdue debt transfer and the interest rate shall apply to the outstanding principal balance recovered before the maturity date.
7. DEBT RECOVERY MEASURES
a) Customer agrees that the Company is entitled to take measures to urge and recover debts, including the following measures:
(i) Send a message and / or call, and / or use other means to contact the Customer to remind the debt, urge repayment; send a written notice to the address of the Customer's residence; and / or where the Client is working;
(ii) Send a message and / or call the phone number provided by the Customer to seek assistance with Customer information or to support payment information to the Customer;
(iii) Transferring the request for payment of debts, debt information to a Third Party without the consent of the Customer to collect the debt in case the Customer has overdue debt;
(iv) Deduction of money from the account: Customer agrees to irrevocably authorize the Company to request credit institutions where the Customer opens an account to extract money from the Customer's account to pay debts to the Company. companies according to procedures in accordance with the provisions of that credit institution;
(v) Deduction at source for income paid by the Income Payer to the Customer if the Company and the Income Payer agree;
(vi) Handling assets borrowed by the Customer to buy and / or any other assets owned by the Customer and follow necessary procedures in accordance with the law to recover overdue debts;
(vii) Take other measures as agreed with the Customer;
(viii) Carry out proceedings in accordance with the law.
b) The company only urges, prompts the debt within the time allowed by law and cannot use debt collection and debt reminding methods.
8. PENALTIES OF VIOLATIONS AND COMPENSATION FOR DAMAGE
a) In case the Customer changes the email address, or the phone, or the permanent / temporary residence address, or the workplace address without notifying the Company within 05 working days from the date of replacement. In exchange, the Customer is subject to a penalty of 8% of the contractual balance for each violation.
b) In case the Customer provides false information, or has other violations (except for violations of the obligation to pay principal and interest, which has been subject to overdue interest, and violates the point a above), Customers are subject to a fine equal to 8% of the value of the breached obligation.
c) The above violation is not affecting the right to terminate the loan, to collect debt before the maturity date according to this document.
d) If the Company breaches the contract, the Company must be subject to a penalty of 8% of the contractual value of the breached contract.
e) In addition to the above violation, the violating Party must also compensate the party that violated the entire damage, costs and expenses incurred. The violating party shall bear the costs of proceedings such as arbitration fees / court fees and court fees; Fees, judgment enforcement fees, and other related costs; In case this expense has been prepaid / paid in advance by the Party, the Violating Party shall compensate and repay these costs to the violated Party.
9. RIGHTS, OBLIGATIONS AND RESPONSIBILITIES OF CUSTOMERS
a) Customers are disbursed by the Company under agreement,
b) Customers are considered for exemption or reduction of loan interest if they fall under the cases prescribed by the Company,
c) The Customer undertakes to notify the Company if the Customer has any changes in the information provided in the contract during the entire loan period,
d) The Customer warrants and warrants that the Customer has sufficient authority and authority to enter into and execute this Agreement and the contract of purchase of related goods and services, including acceptance. agreement of spouse Customer. The Customer warrants that the funds paid by the Customer to the Company are legal, valid and permitted to be used to repay the loan. Customer will be solely responsible if there is a dispute with another person regarding the amount paid to the Company,
e) The customer is responsible for coordinating with the Company and providing documents related to the loan for the Company to conduct the appraisal and lending decisions, inspect and supervise the use of loans and repayment of Customer,
f) The Customer is responsible for maintaining the password, authentication code, and password provided by the Company to the Customer from time to time. Customers bear all risks and losses in case the Customer discloses this information,
g) Customers must pay in full, on time,
h) Customer may not assign its rights or obligations under the Contract to any other party,
i) Other rights, obligations and responsibilities as agreed and regulated by law.
10. RIGHTS, OBLIGATIONS AND RESPONSIBILITIES OF THE COMPANY
a) The company must disburse loans according to the agreement,
b) The Company is entitled to repayment of principal, interest, and payment of other payments as agreed,
c) The Company may use the property rights arising from the Contract to ensure the performance of its obligations, without the consent of the Customer,
d) The Company is entitled to transfer rights and obligations to a third party without the consent of the Customer in case of handling debts or buying and selling debts according to the State Bank's regulations.
e) The Company must ensure the safety and confidentiality of Customer's information. The Company may only transfer consumer information to third parties with the consent of the Customer except under the circumstances provided in the Specific Terms and other laws,
f) Other rights, obligations and responsibilities as agreed and regulated by law.
a) All notices and exchanges between the Company and the Customer relating to the Contract may be made through one or more of the following forms: telephone; SMS messages; email; in writing sent to the addresses of the parties; through smartphone applications built by the Company allowing Customers to download and use on the phone; Messages are sent via the social network application from the Company's official account to the corresponding social network account of the Customer; or other forms as agreed in Private Conditions.
b) The notice is considered received when the call to the Customer succeeds; Message, Email sent successfully. The written notice is considered received on the 3rd (third) business day from the date that the notice is delivered to the mail delivery unit. In case the notice is published on the Company Website (general information), the notice is considered received when it has been made public.
c) Information and address for the Customer to receive notice from the Company is the email address, telephone, permanent address / temporary residence, workplace address, contact address, ... stated in the item The borrower of the Individual Condition, and / or information on the application, and Customer notices regarding the change of information (if any). Before signing the Contract, Customer must carefully check the information and address to ensure that the Company can receive the notice. If the Customer changes the information, the address of the notification, the Customer must notify the Company within 05 (five) working days from the date of change.
d) The Company may use data from the Company's system to make notices sent to Customers. Customer agrees that the notice is valid even if the information on the name, address, or other content in Vietnamese is not accented, and / or notices without the Company's signature and seal.Customers should contact Customer Care Center immediately ( 1900 6866 / +84 24 7302 0202 or email@example.com ) if they have any questions about these notifications.
e) The Customer agrees that the Company's Customer Care Center may authenticate the Customer via the registered phone number / email; or through questions about name, identity card number / citizen ID / passport, and other information (but not required). Customer will bear all risks when the Company has performed transactions on the basis of authentication according to this regulation. The company will be responsible in case of performing transactions without authenticating customers in accordance with regulations.
f) The Customer agrees that the Company is entitled to request arbitration / court to conduct a trial, to resolve disputes in absent Customer in case the Customer provides incomplete or incorrect address information. , or Customer has a change of address without notifying the Company, resulting in Customer not receiving notice, invitation, summons, procedural documents or other documents.
a) For human insurance, Customer agrees that the Company is the sole beneficiary of insurance under the Insurance Contract and that the Company has the full right to request payment of insurance premiums and insurance payments.
b) For other insurance, the Customer agrees all rights and benefits arising from the Insurance Contract are used to secure the entire obligations of the Customer at the Company. Customer agrees to irrevocably authorize the Company to pay insurance, receive insurance indemnity. The authorization period lasts until the Customer completes all obligations to the Company and the Loan has been settled.
c) The Customer agrees that the Company is entitled to keep the Insurance Contract, the insurance payment voucher, if it deems it necessary.
d) Customer must not modify, terminate, transfer, waive, cancel the Insurance Policy, take security measures by Insurance Contract / Insurance Policy, or any other transaction. which may affect the Company's right to receive insurance payments.
e) When an insurance event occurs , payments from the Insurance Company are used to pay as in the case of early repayment (if no overdue debt has arisen), or overdue debt collection. provisions of the company.
13. IMPLEMENTATION PROVISIONS WHEN BUYING PAYMENT GOODS
a) Before the Company disburses the loan, the Customer must pay in full the prepaid amount to the Seller when purchasing goods (if any).Customer agrees to let the Company disburse loans by directly paying the rest of the selling price to the Seller. The Company does not have any obligations related to the purchase and sale of goods, except for the above mentioned disbursement obligation.
b) In the case of registered goods, the Customer agrees to provide the Registration Certificate to the Company within 07 (seven) working days from the date of disbursement and receipt of the goods.
c) In case the Company holds the Registration Certificate, the Customer is provided with a receipt to keep the Registration Certificate. The customer is provided with a certified / certified copy of the Registration Certificate when the Customer requests but must bear the notarization / authentication fee, delivery of the paper. In case the state agency requests to produce the Registration Certificate, the Company will be responsible for coordinating with the Customer to resolve, but the financial obligations to the State shall be borne by the Customer. Customer agrees to repay before due date as agreed in the Contract or accept higher interest rate as notified by the Company in case the Customer requests the Company to return the Registration Certificate while the Customer has not completed. into all obligations to the Company. After the Customer fulfills all obligations to the Company, the Registration Certificate is returned to the Customer.
d) The customer must preserve the goods in the best condition and must immediately notify the Company if the goods are damaged or lost.Customer must not perform any transfer of ownership or security measures related to goods without the Company's written consent.
e) The Customer commits to notify the Company if the goods are defective and the Customer is entitled to return the goods within the warranty period.
f) The Customer commits to bring this goods (including other assets attached to the goods that the Customer has repaired, added later, if any) as security for the entire obligations of the Customer. for the Company as soon as the Company requires.
g) If the Customer has overdue debt, the Company has the right to handle goods and other assets associated with the goods for debt collection.Customers must deliver goods, assets attached to goods, and all relevant documents (if any) according to the notice of handling goods to collect debts of the Company. The company has the right to sell goods and assets associated with goods for debt collection. For registered goods, the Customer must coordinate with the Company to sell goods and assets associated with the goods. The proceeds from the sale of goods and assets attached to the goods, after subtracting the payable taxes, the cost of preserving, valuing and selling the property, and other related necessary expenses , used to deduct outstanding debts, and pay the rest (if any) to the Customer. If the revenues are not enough to cover all outstanding debts, Customer is obliged to pay the remaining debt to the Company.
14. IMPLEMENTATION PROVISIONS
a) This general trading condition is an integral part of the Consumer Loan Contract. In case of inconsistency between the content at the General Conditions of Trading and the content of the Private Conditions, the content at the Private Conditions shall prevail.
b) The Company has the right to amend and supplement the General Transaction Conditions by issuing replacement versions. New general trading conditions will be binding on the Customer when the Company has notified the Customer in the form of a message or electronic mail or other form that the Customer does not object within 05 (five) days. work from the date of receiving the information. In case the Customer is not notified, or the Customer has an objection within the above time limit, the General Trading Conditions applied to the Customer continue to be valid.
c) The failure of either party to perform or exercise any rights or rights of that party will not affect that party's exercise of those rights and rights to the other party and neither enjoy any enforcement of rights, powers and other remedies.
d) In case of Unfortunate Customer dies, Customer here assigns heirs to deal with the Company in settling the rights and obligations related to the Loan and the insurance (if any), goods and papers related to goods (if any), and enjoy all related benefits (if any), in the following order: (i) spouse, (ii) father or mother (In case of no or no spouse or spouse refusing to inherit / receive the estate). Customer requires that the other heirs of the Customer respect this decision. In case there is no father, mother or father or mother who refuses to accept the transaction / receive the estate, the Company deals with other heirs of the Customer in accordance with the law.
e) General trading conditions of consumer lending contracts are issued together with Decision No. 18-0888.QD.TGD dated .... December 2018 of LotteFinance General Director and applied from December 18, 2018. This general trading condition is publicly available at the Company Website, and is located at the Company's transaction locations so customers can easily access.