COMPLAINTS HANDLING PROCEDURE

    1. TRUSTPAY considers complaints regarding Payments submitted by the Supplier (Merchant, Payment Recipient), Payer and Potential Payer, hereinafter referred to as the Complainant.
    2. A complaint should be considered any request addressed to TRUSTPAY by the Complainant, in which the Complainant raises reservations about the payment services provided by TRUSTPAY. Complaints may relate in particular to identified unauthorized, non-executed or improperly executed payment transactions or other irregularities.
    3. The complaint handling process is initiated immediately upon the reception of a complaint and is carried out with due care and diligence, thoroughly, objectively and in a timely manner, in compliance with the commonly binding legal regulations and good practices.
    4. Detailed information regarding the complaint filing procedure, as well as the complaint handling procedure, is specified herein and made available on TRUSTPAY’s website.
    5. TRUSTPAY may independently, i.e., irrespective of the Payer’s conduct, question the Payment, provided it finds legitimate grounds to file a complaint by the Payer, including the use of a payment instrument by unauthorised persons or improper execution of the Payment. TRUSTPAY is authorised to question the Payment within 13 months of the date of crediting the Payer with the amount thereof.
    6. The complaint should be directed to TRUSTPAY by means of one of the following channels of communication:
      1. by mail addressed to: TRUSTPAY Z O.O. ul. Hoza 86/210, 00-682, Warszawa or
      2. by e-mail: [email protected];
    7. In case the Complainant identifies a fault in the functioning of the System, including unauthorised, failed or improper execution of Payment, the Complainant shall notify TRUSTPAY of the identified fault within 14 calendar days of the moment the said fault was or could easily have been identified. Filing complaints immediately after the Complainant raises objections to the transaction may facilitate the examination of the complaint, reduce the examination time and ensure a careful and diligent handling of the complaint by TRUSTPAY.
    8. The complaint may also be filed by a representative / attorney. However, given that the reply to the complaint might contain confidential professional information within the meaning of the Act on payment services, the signature of the person granting the power of attorney should be authenticated by a competent public officer, notary, public attorney or legal counsel. Additionally, the power of attorney should contain a clause authorising the attorney to collect the said confidential professional information on behalf of the mandator.
    9. Complaints regarding identified unauthorized, non-performed or improperly performed Payments should contain at least: Payment number, Payment amount, Payment title, surname and first name of the bank account owner (payment card), Payment date and, if known to the claimant - bank name and account from which the Payer's Payment was sent (in the case of payment by a payment card - the name of the card or data of another Payer's provider, the e-mail address that was provided in the payment order, and also the reason for the complaint, identification of the entities involved in the transaction and a detailed description of the complaint event. A complaint regarding other irregularities related to the functioning of the Website should contain at least: the data of the User or the Merchant and a description of the irregularities. TRUSTPAY verifies whether the complaint meets the requirements specified in this procedure. As part of the verification of the complaint, TRUSTPAY is entitled to request that the complaint be supplemented within 14 calendar days, and after the expiry of this deadline - TRUSTPAY is entitled to reject the complaint due to failure to comply with the complaint procedure (rejection of the complaint constitutes a refusal to accept the complaint).
    10. Within 3 business days of the reception of the complaint, TRUSTPAY confirms the reception thereof by sending the reception notification to the e-mail address indicated in the complaint. In case TRUSTPAY, in the course of the verification of the said complaint for compliance with the requirements set out herein, calls upon the complainant to supplement it, the said call is also deemed as the complaint reception notification. At the explicit request of the Complainant, provided they submit the necessary personal data and contact details, TRUSTPAY confirms the reception of the complaint in writing. In this case, the abovementioned timeline is deemed as respected provided that the notification is sent by registered mail.
    11. The Complainant is obligated to grant TRUSTPAY an explanation and help in complaint-related matters concerning the service of the Payment, provided the said explanation and help does not contravene the binding legal regulations. The Complainant grants the said explanation within 14 days of the reception of TRUSTPAY’s request to do so.
    12. TRUSTPAY decides in the matter of the complaint based on the examination of the circumstances of the Payment constituting the subject matter of the said complaint, in accordance with the provisions set out in the agreements concluded by and between TRUSTPAY and the Complainant, as well as with legal regulations. When examining the complaint, TRUSTPAY considers the right interest of the Payer (potential Payer) and the Acceptant equally important.
    13. The deadline for settling the complaint (response to the complaint) is 15 business days from the receipt of the complaint by TRUSTPAY. In particularly complicated cases, which make it impossible to respond within the indicated time limit, TRUSTPAY provides the person submitting the complaint, in the form provided for the reply to the complaint, with information containing:
      1. explanation of the reasons for the inability to meet the deadline;
      2. indication of the circumstances that must be determined in order to consider the complaint;
      3. indication of the expected date of reply, but no longer than 35 business Days from the date of receipt of the complaint.
    14. The replay to the complaint should be provided in an accessible and understandable manner and should contain, in particular, a decision on the result of considering the complaint. In addition, in the event of refusal to recognize the complaint in whole or in part, the response to the complaint additionally includes: instruction on the possibility and method of appealing the position contained in the response to the complaint, instruction on the possibility and method of using the form of out-of-court dispute resolution, requesting the consideration of the case to the Financial Ombudsman or to bring an action to a common court with an indication of the entity that should be sued and the court having jurisdiction over the case.
    15. The complaint, by providing an e-mail address in the complaint, submits and agrees that TRUSTPAY will respond to the complaint in electronic form, to the e-mail address indicated in the complaint. However, at the express request of the person submitting the complaint, provided that he / she provides the necessary personal and contact details, TRUSTPAY replies to the complaint in writing or using another durable medium, and in this case, in order to meet the deadline for settling the complaint, it is enough to send the package by letter registered mail.
    16. TRUSTPAY admits the possibility of filing an appeal from the decision communicated in the reply by the Complainant by submitting a motion for reconsideration of the complaint. The said motion is to be submitted within 14 days of the reception of the reply. This provision shall apply accordingly to the application for reconsideration of the complaint and the response to this application. In response to the request, there shall be an instruction on the possibility of bringing an action to a common court, and in the case of persons submitting a complaint who are consumers, also about the possibility of requesting help from the locally competent Municipal Consumer Ombudsman.
    17. Each and every complaint shall be investigated with due care and diligence and in a timely manner, once all the information and documents provided therein, the information at the disposal of TRUSTPAY and, if necessary, the information and documents held by other parties, have been handed over.
    18. Should the Merchant refuse or otherwise fail to provide explanation or help within 14 calendar days of reception of the request to provide the said explanation or help, TRUSTPAY shall interpret the said refusal. In particular, TRUSTPAY may consider the lack of explanation or documentation on the part of the Merchant as the latter’s acknowledgement of the Payer’s claims and, therefore, make the decision in favour of the Payer.
    19. If the decision regarding the complaint favours the Payer, TRUSTPAY shall make the principal reasons for the said decision available to the Merchant at the latter’s request.
    20. Concluded complaint proceedings may be resumed and the decision changed in case new circumstances affecting the said decision have been revealed. However, TRUSTPAY reserves the right to dispose of the documentation regarding the submitted complaints after the period of 5 years following the conclusion of relevant complaint proceedings.
    21. TRUSTPAY does not investigate complaints regarding improper fulfilment of the Merchant’s (i.e., recipient of payment) obligation towards the Payer relating to the Payment. In case the Payer submits a complaint to TRUSTPAY regarding improper fulfilment of the said obligation by the recipient of the payment, the Payer authorises TRUSTPAY to hand the said complaint over to the Merchant. Thus, TRUSTPAY is authorised, yet not obligated, to hand over the information concerning the complaint to the Merchant. Should the said information be handed over to the Merchant, TRUSTPAY shall notify the Payer thereof. TRUSTPAY hereby clarifies that pursuant to the provisions of the agreements concluded by TRUSTPAY with Merchants, the latter are obligated to investigate such claims solely and exclusively on their own, respecting the timelines prescribed in the legal regulations binding for them. In case the said timelines are not specified by law, the said investigation shall take no longer than 30 days.
    22. Regardless of the complaint referred to in the above provisions, the Merchant or Payer or the potential Payer may submit a complaint to the body supervising TRUSTPAY, i.e. the Polish Financial Supervision Authority, against the actions of TRUSTPAY, if such action violates the law.
    23. Once the complaint proceeding path has been exhausted, the dispute between TRUSTPAY and the complainant may be resolved by way of out-of-court dispute resolution proceedings between a customer and a financial market entity:
      1. conducted by the Financial Ombudsman ( https://rf.gov.pl/ ), in accordance with the regulations of chapter 4 of the Act of 5 Aug. 2015 on considering complaints by financial market entities and the institution of Financial Ombudsman. The proceedings are initiated upon the request of the complainant. In case the Financial Ombudsman does not refuse to consider the dispute, TRUSTPAY’s participation therein is obligatory.
      2. conducted by the arbitration court at the Polish Financial Supervision Authority( https://www.knf.gov.pl/regulacje/Sad_Polubowny/ ).
    24. The proceedings specified in paragraph 23 may also be initiated with the use of the ODR platform mentioned in the Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR) unless the Financial Ombudsman and / or the arbitration court at the Polish Financial Supervision Authority have been registered in this platform as ADR entities. The ODR platform is available at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL.
    25. Instead of submitting an application to initiate the procedure referred to in paragraph 23.1., the Complainant, after exhausting the complaint procedure, may apply to the Financial Ombudsman with a request to consider the matter in post-complaint intervention proceedings.
    26. The complaint-filing entity may also lodge a claim at the locally competent common court, which typically is the common court competent for the seat of the defendant.