Complaints

Detailed information regarding filing complaints and the complaint handling procedure

  1. PayPro considers Payment-related complaints filed by the Payer and the potential Payer (hereinafter referred to as the Complainant).
  2. 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.
  3. Detailed information regarding the complaint filing procedure, as well as the complaint handling procedure, is specified herein and made available on PayPro’s website, in a written form at PayPro’s office, as well as at PayPro’s organisational units in charge of customer service.
  4. PayPro 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. PayPro is authorised to question the Payment within 13 months of the date of crediting the Payer with the amount thereof.
  5. The complaint should be directed to PayPro by means of one of the following channels of communication:
    1. in writing:
      1. by mail, addressed to: PayPro S.A. ul. Kanclerska 15, 60-327 Poznań, Polska (Poland), or
      2. directly to the seat of PayPro or PayPro’s organisational units in charge of customer service;
    2. by fax – fax no.: +48 616429031;
    3. electronically:
      1. by e-mail: - e-mail address for Payers or potential Payers – serwis@przelewy24.pl;
      2. by filing an electronic form available at the website: http://www.przelewy24.pl/eng/contact/customer-service
    4. verbally:
      • by telephone tel. no.: +48616429344; or
      • directly, at the seat of PayPro or PayPro’s organisational units in charge of customer service.
  6. 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 PayPro 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 PayPro.
  7. 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.
  8. The complaint regarding Payment filed by the Payer to PayPro should contain at least the following: number of Payment, amount of Payment, surname and first name of the bank account (payment card) holder, date of Payment, and (provided this information is known to the complainant) the name of the bank and bank account number from which the payment was made (in case of Payments by payment card – the card number or details of the other Payer’s provider; in case of payments by SMS – the telephone number or details of the other Payer’s provider), the e-mail address entered in the payment order, as well as the reason for filing the complaint, specification of entities participating in the transaction, as well as a detailed description of the circumstances constituting the basis for the complaint. In case of complaints concerning potential Payers, the complaint should also contain information about the Payment relating to the service that PayPro refused to render, first name and surname of the potential Payer, their e-mail address, the date of occurrence of the situation referred to in the complaint, the description thereof, as well as the reasons for filing the complaint. PayPro verifies whether the complaint meets the criteria set out in the procedure hereto. In the course of the verification procedure, PayPro is entitled to request that the information be supplemented within 14 days. Failure to meet the said timeline entitles PayPro to reject the complaint due to failure to meet the requirements set out in the Contract (the rejection of a complaint is equivalent the dismissal thereof).
  9. Within 3 Workdays of the reception of the complaint, PayPro confirms the reception thereof by sending the reception notification to the e-mail address indicated in the complaint. In case PayPro, 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, PayPro 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.
  10. The complainant is obligated to grant PayPro 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 PayPro’s call to do so.
  11. PayPro 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 PayPro and the Merchant, as well as with legal regulations. When examining the complaint, PayPro considers the right interest of the Payer (potential Payer) and the Acceptant equally important.
  12. The timeline for handling the complaint (reply to the complaint) is 30 calendar days of the date of reception of a complete complaint by Pay Pro. Should there be legitimate reasons for failure to meet the abovementioned timeline, PayPro notifies the complainant (in the form provided for replies to complaints) the following information:
    1. explanation of the reasons for failure to meet the timeline;
    2. indication of the circumstances that must be established;
    3. indication of the estimated date of reply, no longer than 60 days of the reception of the complaint.
  13. The reply to the complaint is rendered in writing and should be written with the use of a font that would be as legible as Times New Roman, 12 points, and, at a reasonable request of the complainant, with the use of a bigger font.
  14. The reply to the complaint should be rendered in a comprehensible and accessible manner, and should contain in particular:
    1. information regarding the submission date of the complaint;
    2. the decision made in the matter of the complaint;
    3. exhaustive information regarding the problem indicated in the complaint including specific provisions of the agreement, regulations or applicable provisions of law, if possible – quoted in the original unless not required, given the nature of the claims made – in case of complaints filed by consumers;
    4. ID data of the authorised employee representing PayPro, including the first name, surname and position;
    5. specification of the timeline for the execution of the claim indicated in the complaint and recognised in accordance with the complainant’s will, whereby the said timeline is not longer than 30 days of the execution of the reply. Additionally, in case the complaint is partially or entirely rejected, the reply should also contain the following:
    6. factual and legal justification, unless not required given the character of the claims made;
    7. instruction regarding a possibility and manner of appeal from the decision stated in the reply to the complaint;
    8. 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.
  15. By submitting an e-mail address in the complaint, the complainant applies for and grants PayPro consent to reply to the said complaint by e-mail, by way of sending the reply to the indicated e-mail address. At an explicit request of the complainant, and on condition they provide the necessary personal data and contact details, PayPro replies to complaints in writing or by means of a different, permanent data carrier. In this case, the abovementioned timeline is deemed as respected in case the reply is sent by registered mail.
  16. PayPro 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. With respect to the motion for the reinvestigation of the complaint, as well as the reply thereto, the provisions of paragraph 5, 7 – 17 shall be applicable, respectively. The said reply, instead of the instruction set out in point 14 herein, contains an instruction regarding a possibility to initiate a (common) court action. The complainants who are simultaneously consumers are also instructed of a possibility to apply to the locally competent Poviat (Municipal) Consumer Rights Advocate.
  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 PayPro 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 call to provide the said explanation or help, pursuant to the provisions of paragraph 17, PayPro shall interpret the said refusal. In particular, PayPro 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, PayPro 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, PayPro 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. PayPro 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 PayPro regarding improper fulfilment of the said obligation by the recipient of the payment, the Payer authorises PayPro to hand the said complaint over to the Merchant. Thus, PayPro 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, PayPro shall notify the Payer thereof. PayPro hereby clarifies that pursuant to the provisions of the agreements concluded by PayPro 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. Irrespective of the complaint mentioned hereinabove, the Merchant, or the Payer, or potential Payer, may lodge a complaint to the agency supervising PayPro, i.e., the Polish Financial Supervision Authority, regarding the activity of PayPro or its agent, should the said activity contravene the provisions of the law. With respect to the said complaint, provisions of section VIII of the Act of 14 June 1960 – the Code of Administrative Procedure (Official Journal of Laws 2013, item 267; 2014, item 183) shall not apply.
  23. Once the complaint proceeding path has been exhausted, the dispute between PayPro 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, PayPro’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 26 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. Once the complaint proceedings path has been exhausted, the complainant, instead of filing a complaint for the initiation of the proceedings set out in point 26 letter a), may apply to the Financial Ombudsman for consideration of the case in the course of 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. For claims against PayPro, the locally competent court is the District Court Poznań – Grunwald i Jeżyce in Poznań. In this case, the defendant should be PayPro, whose company details have been stated in the reply to the complaint.
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