ComGate Payments, a.s., Id. No.: 279 24 505, a company with registered seat at Prague 7 – Holešovice, Jankovcova 1596/14a, registered in the commercial register maintained by the Municipal Court in Prague, Section B, file 17614 (hereinafter the Company) is a payment service provider according to Act no. 370/2017 Coll., on payments
1. Warranty claims may be raised
- in writing to the address of the registered seat of the Company
ComGate Payments, a.s.
Gočárova třída 1754/48b
500 02 Hradec Králové
- through data box: m44jq3v
2. General information
- A warranty claim means a customer’s request asking the Company to remedy some previous action of the Company related to the provision of services, especially payment services, that the customer deems wrongful.
- A complaint means an expression of a customer’s dissatisfaction with the provided service, with the behavior of the Company’s employee, with the way a warranty claim was handled, with business terms etc.
- In case of warranty claims and complaints regarding the services provided, both are resolved according to applicable law, especially Act no. 89/2012 Coll., Civil Code, and the Payment Act.
- If a client is, at the same time, a consumer as per Act no. 634/1992 Coll., on consumer protection, warranty claims shall be governed by the applicable consumer protection provisions according to the mentioned act, as well as according to Section 1810 et seq. of the Civil Code.
3. Warranty claim and complaint requirements
- A warranty claim or a complaint must specify: clear statement of the scope of the claim, client identification information and client number, if any, contact address, telephone number or e-mail for additional questions from the Company, declaration that the information in the warranty claim is complete and correct and the client’s signature. If a warranty claim is raised using remote communication (e-mail, web form, telephone), the signature may be substituted with electronic signature pursuant to applicable law or client’s declaration regarding the correctness of the information provided.
- A warranty claim or complaint must be supported by a document, which unambiguously identifies the complained-about action, service or transaction (e.g. account statement, copy of transfer order, receipt for the applicable transaction, cash operation document etc.) and proves the rightfulness of the claim. The Company is entitled to request additional documents and/or additional information.
- If a client claims to not have authorized a carried-out payment transaction in a payment service or claims that the transaction was carried out erroneously, it is up to the Company to demonstrate that a procedure allowing for order verification, as well as for checking, whether the transaction was duly recorded, accounted and not affected by technical defect or other malfunction, was adhered to.
- A warranty complaint must be raised within 30 days from the date of the transaction.
4. Dealing with warranty claims and complaints
- Warranty claims and complaints regarding payment services are governed by the applicable provisions of Act no. 370/2017 Coll., on payments, as amended. Other warranty claims and complaints are dealt with according to applicable law.
- Warranty claims and complaints are processed as fast as possible. The Company responds to received complaints within 15 business days from reception.
- The mentioned period does not include any period, during which a client provides any information requested by the Company.
- If the Company is prevented from responding to a warranty claim by circumstances beyond its control, the Company will respond within 35 days from receiving the warranty claim.
- If a client is not satisfied with the way a complaint was handled, the client may address the management of the Company. In addition, clients who are not happy about the response from the Company may turn to competent regulatory state agencies.
- Any disputes deriving from warranty claims or complaints may be resolved by the competent court or the financial arbitrator of the Czech Republic pursuant to Act no. 229/2002 Coll., on the financial arbitrator, as amended, if the dispute derives from payment services, as long as a Czech court would normally have jurisdiction over the dispute. Even in such cases, however, the client may go to court.
In Prague on 1 September 2020.