1. Payseb ES shall handle complaints concerning Payments submitted by the Provider (Merchant, Payment Recipient), User (Payer) and potential User (potential Payer), hereinafter jointly referred to as the “complainants”.
2. A complaint shall be understood as any submission addressed to Payseb ES by a complainant in which the complainant raises objections concerning payment services provided by Payseb ES. Complaints may in particular concern identified unauthorised, unexecuted or improperly executed payment transactions or other irregularities.
3. The complaint handling process shall commence without undue delay upon receipt of the complaint and shall be conducted fairly, thoroughly and within the applicable time limits, objectively and with due regard to generally applicable provisions of law and good practice.
4. Detailed information concerning the procedure for submitting and handling complaints is set out in this document, which is made available on the Payseb ES website, as well as in written form at the registered office of Payseb ES and at organisational units of Payseb ES providing customer service.
5. Payseb ES may independently challenge a Payment if it identifies circumstances giving grounds for a complaint by the Payer, including where a payment instrument has been used by an unauthorised person or the Payment has been improperly executed, irrespective of the conduct of the Payer. Payseb ES's right to challenge a Payment shall expire 13 months after the date on which the Payer's account was debited with the Payment.
6. A complaint should be submitted to Payseb ES through one of the following communication channels:
a. in writing:
i. by post to the following address: Payseb ES, ul. HOŻA 86, lok. 210, 00-682 Warsaw, Poland; or
ii. directly at the registered office of Payseb ES or at organisational units of Payseb ES providing customer service;
b. electronically:
i. via the electronic means available on the website at: https://sebespay.com/company/ ;or
ii. to the electronic delivery address: [email protected]; [email protected] ;
c. orally:
i. directly at the registered office of Payseb ES or at organisational units of Payseb ES providing customer service, to be recorded in the form of a protocol during such visit.
7. If a complainant identifies an irregularity in the operation of the Service, including an unauthorised, unexecuted or improperly executed Payment, the complainant should notify Payseb ES of the identified irregularity without undue delay after becoming aware of it.
In the case of unauthorised, unexecuted or improperly executed payment transactions, the complainant's rights against the payment service provider may be subject to the statutory time limits provided for under applicable law, including the 13-month period specified by the Payment Services Act.
Payseb ES explains that submitting a complaint promptly after the complainant becomes aware of the relevant circumstances may facilitate and contribute to the faster and more thorough handling of the complaint.
8. A complaint may also be submitted by a representative. Where the response to a complaint may contain information covered by professional secrecy referred to in the Payment Services Act, Payseb ES may require appropriate evidence of the representative's authority to receive such information, to the extent permitted by applicable law.
9. A complaint concerning identified unauthorised, unexecuted or improperly executed Payments should contain, at minimum: the Payment number, Payment amount, Payment title, first name and surname of the holder of the bank account (payment card), date of the Payment and, insofar as known to the complainant, the name of the bank and the account from which the Payer's Payment was made (in the case of a payment by payment card – the name of the card or details of another Payer's payment service provider; in the case of an SMS payment – the telephone number or details of another Payer's payment service provider), the email address provided in the payment order, the reason for the complaint, identification of the entities participating in the transaction and a detailed description of the circumstances giving rise to the complaint.
A complaint concerning other irregularities related to the operation of the Service should contain, at minimum, the details of the User or Merchant and a description of the irregularity.
Payseb ES shall verify whether the complaint contains the information necessary for its proper examination. Where the information provided is insufficient to examine the complaint, Payseb ES may request the complainant to supplement the complaint within a reasonable period specified by Payseb ES. Failure to provide the requested information may result in Payseb ES being unable to examine the complaint to the extent dependent on such information; however, this shall not prejudice any statutory rights of the complainant or prevent Payseb ES from examining the complaint on the basis of the information available.
10. Payseb ES shall, within 3 Business Days of receiving the complaint, confirm its receipt by sending information to the email address indicated in the complaint.
Where, as part of verifying whether the complaint contains the information necessary for its examination, Payseb ES requests the person submitting the complaint to supplement it, such request shall also constitute confirmation of receipt of the complaint.
At the express request of the complainant, provided that the complainant provides the necessary personal and contact details, Payseb ES shall confirm receipt of the complaint in writing. In such case, for the above deadline to be met, it shall be sufficient for the registered letter to be dispatched before expiry of the deadline.
11. The complainant shall provide Payseb ES with explanations and assistance in complaint matters related to the handling of Payments, provided that such provision of explanations or assistance is not prohibited by applicable law. The complainant shall provide the requested explanations within 14 calendar days of being requested to do so by Payseb ES, unless a different period is specified by Payseb ES or results from applicable law.
12. Payseb ES shall decide on the complaint on the basis of the circumstances concerning the Payment subject to the complaint, in accordance with the agreements concluded by Payseb ES with the Merchant and applicable provisions of law. When handling a complaint, Payseb ES shall take into equal consideration the legitimate interests of the Payer (potential Payer), Payseb ES and the Merchant.
13. The time limit for resolving a complaint and providing a response shall be 15 Business Days from the date of receipt of the complaint by Payseb ES.
In particularly complex cases which prevent a response from being provided within the above period, Payseb ES shall provide the complainant, in the form prescribed for the response to the complaint, with information containing:
a. an explanation of the reasons for the delay;
b. an indication of the circumstances that need to be established in order to examine the complaint; and
c. an indication of the expected date of providing the response, which shall not exceed 35 Business Days from the date of receipt of the complaint.
14. The response to a complaint shall be provided in an accessible and understandable manner and shall contain, in particular, the outcome of the complaint examination.
Where the complaint is rejected in whole or in part, the response shall additionally contain:
15. A complainant submitting a complaint using electronic means of communication shall receive the response electronically, using the same means of communication, unless the complainant indicates another method of receiving the response in the complaint.
Where a complaint is submitted to the electronic delivery address of Payseb ES, the response to the complaint shall be delivered to the complainant's electronic delivery address, in accordance with applicable law.
A written response shall be provided at the express request of the complainant made in the complaint or where required by applicable law.
Where a complaint is submitted in paper form, the response shall be provided in paper form, unless the complainant indicates in the complaint that they wish to receive the response electronically.
If the complaint is submitted orally, the response shall be provided in accordance with the complainant's instruction, in paper or electronic form.
For the purpose of observing the statutory deadline for handling the complaint, where the response is provided in writing, it shall be sufficient for the response to be dispatched before expiry of the applicable deadline.
16. Payseb ES allows the complainant to appeal against the position set out in the response to the complaint by submitting, within 14 calendar days from the date of receipt of the response, a request for reconsideration of the complaint.
The provisions of §§ 5 and 7–14 shall apply accordingly to the request for reconsideration and the response thereto, insofar as applicable.
The response to the request for reconsideration shall contain information on the possibility of bringing an action before a common court and, in the case of complainants who are consumers, information on the possibility of seeking assistance from the competent Municipal or District Consumer Ombudsman (Powiatowy/Miejski Rzecznik Konsumentów).
17. Each complaint shall be examined fairly, thoroughly and within the applicable time limits, following an analysis of all information and documents submitted with the complaint, as well as information and documents held by Payseb ES and, where necessary, information and documents held by other entities.
18. In the event of a refusal to provide explanations or assistance, or failure to provide explanations or assistance, within 14 calendar days of delivery to the Merchant of a request to provide such explanations or assistance, Payseb ES, taking into account the principles described in §17, shall assess the significance to be attached to such refusal or failure.
In particular, in such circumstances Payseb ES may consider the absence of such explanations or documents as supporting the Payer's allegations and, consequently, resolve the complaint in favour of the Payer, provided that such conclusion is justified by the circumstances of the case and applicable law.
19. Where a complaint is resolved in favour of the Payer, Payseb ES shall, upon the Merchant's request, provide the Merchant with the grounds for such decision, subject to applicable confidentiality, professional secrecy and data protection requirements.
20. A completed complaint procedure may be reopened and the decision may be changed if new circumstances relevant to the resolution of the complaint are disclosed.
Payseb ES nevertheless informs that, after the expiry of the applicable statutory or internal retention period, it may cease to retain documentation relating to submitted complaints, subject to any longer retention period required by applicable law.
21. Payseb ES shall not examine complaints concerning the improper performance by the Merchant of an obligation underlying the payment made by the Payer through Payseb ES.
Where the Payer submits to Payseb ES any claims relating to the improper performance by the Payment Recipient of such obligation, the Payer authorises Payseb ES to forward such claims to the Merchant, to the extent permitted by applicable law.
Payseb ES shall therefore be entitled, but not obliged, to forward information concerning the Payer's complaint to the Merchant. Where Payseb ES forwards such information to the Merchant, Payseb ES shall inform the Payer accordingly.
Payseb ES explains that, pursuant to the agreements concluded with Merchants, the Merchant is obliged to examine such Payer claims independently and exclusively, within the time limit resulting from the provisions of law applicable to the Merchant, and where no such statutory time limit applies, within a period not exceeding 30 calendar days from receipt of the claim.
22. Independently of the complaint referred to in the provisions above, a Merchant, Payer or potential Payer may submit to the supervisory authority competent in respect of Payseb ES, i.e. the Polish Financial Supervision Authority (Komisja Nadzoru Finansowego – KNF), a complaint concerning the activities of Payseb ES or its agent where such activities infringe applicable provisions of law.
23. After exhausting the complaint procedure, a dispute between the complainant and Payseb ES may be resolved through out-of-court dispute resolution procedures, including:
a. proceedings conducted by the Financial Ombudsman (Rzecznik Finansowy) (https://rf.gov.pl/), in accordance with the provisions of Chapter 4 of the Act of 5 August 2015 on the consideration of complaints by financial market entities, the Financial Ombudsman and the Financial Education Fund. Such proceedings are initiated upon the complainant's request. Where the Financial Ombudsman accepts the case for consideration and the statutory conditions for such proceedings are met, Payseb ES shall participate in the proceedings to the extent required by applicable law;
b. proceedings before the Arbitration Court at the Polish Financial Supervision Authority (Sąd Polubowny przy Komisji Nadzoru Finansowego) (https://www.knf.gov.pl/dla_konsumenta/sad_polubowny), in accordance with the rules applicable to such proceedings.
24. The out-of-court dispute resolution proceedings referred to in paragraph 23 may be initiated in accordance with the applicable provisions of Polish law and the rules applicable to the relevant alternative dispute resolution (ADR) body. The complainant may, in particular, submit an application to the Financial Ombudsman or apply to the Arbitration Court at the Polish Financial Supervision Authority (Komisja Nadzoru Finansowego — KNF), subject to the applicable conditions and procedures of the relevant ADR body.
25. Instead of submitting a request to initiate the proceedings referred to in §23(a), after exhausting the complaint procedure, the complainant may apply to the Financial Ombudsman for consideration of the matter under the post-complaint intervention procedure, where the statutory conditions for such intervention are met.
26. The entity submitting a complaint may also bring an action before the common court having territorial jurisdiction to hear the matter in accordance with generally applicable provisions of law.
The court competent to hear a particular case shall be determined in accordance with the applicable provisions governing jurisdiction, including any mandatory rules protecting consumers or other categories of complainants.
Where an action is brought against Payseb ES, the defendant shall be Payseb ES, whose details shall be indicated in the response to the complaint and/or otherwise made available to the complainant as required by applicable law.
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