Gerlionti Complaints Policy

This is GERLIONTI SP. Z O. O.’s Complaints Policy applicable to Services, as defined below. This Complaints Policy forms an integral part of the Terms and Conditions.

This Complaints Policy may be made available in a number of languages; all versions are legally binding but in the event of inconsistency between English version and a translated version English version prevails.

Please note that various terms in this Complaints Policy have a defined meaning which is set out under Section 11“Definitions”.

CONTENT

Please click the links below if You wish to go directly to a specific section of this Complaints Policy. The headings are for reference only and do not affect construction and interpretation.

  1. Scope
  2. How to make a complaint
  3. What information is required when making a complaint
  4. Acknowledgement of a complaint
  5. Updates
  6. Complaints-handling time limits
  7. Our final response
  8. Polish Financial Supervision Authority (KNF)
  9. Out-of-court dispute resolution proceedings
  10. If You want to ask Us a question
  11. Definitions

  1. Scope

    1. This Complaints Policy explains how You can make a complaint to Us or ask Us a question about Our Services.
    2. Complaints concerning Our Services should be communicated to Us in the first instance by contacting the Customer Support. Please state that You wish to make a complaint, so that We are able to distinguish this from a query.
    3. We recommend that You download or print a copy of this Complaints Policy and store it for Your records and future reference. If You want a copy of this Complaints Policy or any other legal documents appearing on the Website on paper or on another durable medium, You should send a request via the Customer Area.
    4. If You wish to receive this Complaints Policy to Your e-mail address or You wish to receive information about Our Services provided to You or Your Account, You should specify that in Your request sent to Our Customer Support via the Customer Area.

  2. How to make a complaint

    1. Our Customer Support is available during the Working Hours for any questions You may have. Your first contact with Us is Our Customer Support. If You wish to make a complaint, please make sure that You contact Us directly:
      1. via post by sending a letter to: GERLIONTI SP. Z O. O., registered address and the principal place of business: Jana Pawla II 11, 00-828, Warszawa, Poland;
      2. via e-mail by sending an email message to: [email protected]
      3. via the Customer Area.
    2. You may also appoint a representative / attorney to submit a complaint on behalf of You. In such case, Your signature or the signature of the person granting the power of attorney (if You are a Business Entity) should be authenticated by a competent public officer, notary, public attorney or legal counsel and if the power of attorney is issued outside of the Republic of Poland the signature shall be legalized in accordance with the provisions of the Hague Convention of October 1961 Abolishing the Requirement of Legalization for Foreign Public Documents. Additionally, the power of attorney should contain a clause authorizing the attorney to access and collect personal data and professional information on behalf of You and about You.
    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 applicable law and good practices.
    4. Communications and notices between You and Us must be in English or in another language if so requested by You and if Our Customer Support team has a member with skills to communicate in Your preferred language.

  3. What information is required when making a complaint

    1. We need to understand exactly what Your complaint is about, so the more information You can give Us, the better. In order to make sure that We investigate and resolve Your complaint as quickly as possible, please make sure that You give Us at least the following information:
      1. Your Account number;
      2. if You are an individual –Your name and last name, or if You are a Business Entity – Your company’s name, and Your authorized representative’s name and last name;
      3. names of other persons involved (name and last name (if a person are an individual) or company name (if a person is a Business Entity));
      4. a reference enabling Us to identify a Transaction or a reference enabling Us to identify the funds to be received;
      5. a payment (Transaction) description (provided this information is known to You);
      6. a payment (Transaction) amount;
      7. a date on which the payment order has been received by Us (provided this information is known to You);
      8. a clear description of the circumstances constituting the basis for the complaint;
      9. what You would like Us to do to put it right;
      10. all the evidence available to You and copies of any relevant documents You have (for example, messages sent by or to You);
      11. an e-mail address and a daytime mobile phone number where We can contact You.
    2. After receipt of Your complaint, We will verify whether the complaint meets the criteria set out in Section 3.1 of this Complaints Policy. In the course of the verification procedure, We are entitled to request that the information submitted by You is supplemented by additional information within 14 (fourteen) days. Failure to meet the said timeline entitles Us to reject the complaint due to failure to meet the requirements set out in this Complaints Policy (the rejection of a complaint is equivalent to the dismissal thereof).
    3. By submitting an e-mail address in the complaint, You apply for and grant Us Your consent to reply to the said complaint by e-mail, by way of sending the response to the indicated e-mail address.

  4. Acknowledgement of a complaint

    1. Once You have made a complaint, We will acknowledge receipt of Your complaint as follows:
      1. if You contacted Us by e-mail, by emailing You to confirm receipt of Your complaint; We will do this without undue delay and in any case no later than within 3 (three) Business Days of receipt;
      2. if You contacted Us by letter sent by post, by emailing You to confirm receipt of Your complaint; We will do this without undue delay and in any case no later than within 3 (three) Business Days of receipt;
      3. if you contacted Us via the Customer Area, by emailing You to confirm receipt of Your complaint; We will do this without undue delay and in any case no later than within 3 (three) Business Days of receipt.
    2. If, in the course of the verification of the said complaint for compliance with the requirements set out in this Complaints Policy, We request You to supplement it, the said request shall also be deemed to be as the notification of receipt of the complaint.

  5. Updates

    1. We will keep You updated on the progress of review of Your complaint by emailing information to You when We consider this to be appropriate.

  6. Complaints-handling time limits

    1. We will do Our best to resolve Your complaint as soon as possible, but this may not always be possible.
    2. If Your complaint is about issues covered by the Terms and Conditions, We will let You have Our final response to Your complaint within 15 (fifteen) Business Days from receipt of Your complaint. If for reasons beyond Our control review of Your complaint exceeds 15 (fifteen) Business Days, We will send You a holding response by e-mail explaining the delay and indicating when We expect to be in a position to complete the review of Your complaint. In any case We will provide You with Our final response to Your complaint not later than within 35 (thirty five) Business Days from receipt of Your complaint.
    3. If Your complaint is not about issues covered by the Terms and Conditions, We will let You have Our final response to the complaint within 8 (eight) weeks from receipt of Your complaint. If for reasons beyond Our control review of Your complaint exceeds 8 (eight) weeks, We will notify You by e-mail to explain the delay and indicating when We expect to be in a position to complete the review of Your complaint. At the same time, We will tell You of Your eligibility to refer Your complaint to the Financial Ombudsman Service.

  7. Our final response

    1. Once We have reviewed Your complaint, We will provide a written response to You by e-mail, explaining:
      1. what We have found;
      2. what We plan to do as a result;
      3. why We reached Our decision;
      4. instruction regarding a possibility and manner of appeal from the decision stated in the response to the complaint;
      5. instruction regarding a possibility and manner of exercising an out-of-court dispute resolution, application to the Financial Ombudsman or initiation of court proceedings with the indication of the defendant and the locally competent court.

  8. Polish Financial Supervision Authority (KNF)

    1. Irrespective of the procedure mentioned in this Complaints Policy, You may lodge a complaint to the agency supervising Us - the Polish Financial Supervision Authority (KNF), if Our activity contravenes with the provisions of the applicable law.

  9. Out-of-court dispute resolution proceedings

    1. Once the complaint proceeding path has been exhausted, the dispute between Us and You may be resolved by way of out-of-court dispute resolution proceedings.
    2. The Financial Ombudsman is an independent public body set up to review complaints from eligible complainants about companies like Us that provide financial services. Their service is free of charge. If You can refer a complaint to the Financial Ombudsman under its rules, and if You use this right, We will cooperate fully with the Financial Ombudsman.

  10. If You want to ask Us a question

    1. If You have any questions about Our Services or any of Your dealings with Us, You can contact Our Customer Support via the Customer Area.
    2. Our Customer Support is available during Working Hours for any questions You may have. If You contact Our Customer Support, please provide the following information:
      1. Your Account number;
      2. Your name and last name (if You are an individual) or Your company name (if You are a Business Entity);
      3. Your full mobile phone number, including country code;
      4. a brief message about Your question.

  11. Definitions

    The following capitalized terms have the following meanings in this Complaints Policy:

    "Account" – an online payment account opened for and held by a Customer with GERLIONTI SP. Z O. O. and which it may access via the Website with the use of Authentication Instruments.

    "Business Day" – a day (other than a Saturday, Sunday or a public holiday) on which banks are open for the business in the Republic of Poland.

    "Business Entity" – a legal person, commercial or business entity duly organized and validly existing under the laws of its domicile.

    "Complaints Policy" – the current version of this Complaints Policy concerning Services available on the Website, as may be amended from time to time.

    "Customer", "You", "Your" – an individual or Business Entity that has agreed with the Terms and Conditions, meets all the eligibility requirements set in the Terms and Conditions and thus is deemed eligible to hold an Account with GERLIONTI SP. Z O. O. (in its discretion) and, as such, is provided an Account and is enabled to use Services; or an individual or Business Entity that submits a complaint to Us in accordance with the terms of this Complaints Policy.

    "Customer Area" – the secured interface of the Website where the Customers can review and operate on their Transactions, profile and settings and find usage instructions, and information regarding Our Services.

    "Customer Support" – Our customer support service available during Working Hours for any questions regarding Our Services You may have.

    "GERLIONTI" - a brand name of GERLIONTI SP. Z O. O..

    "GERLIONTI SP. Z O. O.", "We", "Us" or "Our" – a company incorporated and operating under the laws of the Republic of Poland and registered in the National Court Register kept by governed by District Court in Warsaw XIII Commercial Division under the business name GERLIONTI SP. Z O. O., company number 0000577969, registered address and the principal place of business: Jana Pawla II 11, 00-828, Warszawa, Poland.

    "Information" – collectively personal information and non-personal information and documents.

    "Privacy Policy" – GERLIONTI SP. Z O. O.’s Privacy Policy concerning Services available on the Customer Area, as may be amended from time to time.

    "Services" – payment services provided by Us for Your account and including activities required for operations with an Account, due diligence measures, execution of Transactions, and other activities and services offered by GERLIONTI SP. Z O. O. to You, as described in these Terms and Conditions.

    "Terms and Conditions" – GERLIONTI SP. Z O. O.’s Terms and Conditions concerning Services available on the Website, as may be amended from time to time.

    "Transaction" – a transfer of funds by debiting Your Account and concurrent crediting to a Beneficiary account as Authorised by You under these Terms and Conditions, and in each case after deduction of applicable Fees.

    "Website" – the website branded as GERLIONTI SP. Z O. O. and referring to domain https://www.gerlionti.group.

    "Working Hours" – from 09:00 EET to 18:00 EET on Business days in the Republic of Poland, or such other hours as may be published by GERLIONTI SP. Z O. O. on the Customer Area.