What are the procedures for filing and considering complaints on brokerage activities?
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You can submit a complaint regarding our actions or omissions. By complaint we mean any communication from you to us that expresses your dissatisfaction or claims regarding the services provided.
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You can submit complaints in the following forms:
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By emailing us the filled complaint form available on the website https://www.oanda.com/eu-en/sites/default/files/document_files/31.%20Complaint_form_1.pdf (EU clients) or filling out the complaint form https://www.tms.pl/formularz-reklamacyjny (Poland clients)
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By writing to the postal address of OANDA Brokers S.A. Warsaw UNIT, Daszyńskiego 1 00-843 Warszawa
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In person at our office during our working hours in writing or orally
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By phone during our working hours at the numbers shown in the Information Sheet about OANDA TMS Brokers (available in the Documents section).
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We accept complaints from both you and individuals representing you (e.g., your attorney). We will provide a response to the complaint to you within 30 days.
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The complaint should:
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Include:
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The name and surname or company name of the account holder
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The name and surname of the person submitting the complaint, if different from point i.
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The Account Number/Client Number
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In the case of Orders or Transactions - the numbers of these
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In the case of deposit or withdrawal execution - the date and amount or the deposit or withdrawal request number
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A description of the activities along with an indication of which activities you consider to have been performed contrary to your disposition or Order, Agreement, or Regulations
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The desired method of receiving a response to the complaint, particularly whether you want to receive a response via email.
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Describe the subject of the complaint (including whether the complaint concerns opening a Position, closing a Position, non-execution of an Order, or Order execution price)
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Specify how you’d like us to handle your complaint (e.g., refund of funds,
position reconstruction, position closure, price correction) if possible -
Specify how you’d like to receive an answer - via post or email address specified in your Client Card.
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If the information provided in the complaint proves to be insufficient for its consideration (e.g.,you did not describe the event to which the complaint relates), we will ask you to supplement it. If you do not provide us with the required information, we will have to leave it unexamined.
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You should be aware that submitting a complaint immediately after you notice issues will facilitate and expedite the fair consideration of your complaint by us.
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Upon your request, we will send you a confirmation of receiving the complaint.
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We will consider and respond to the submitted complaint without undue delay, but generally within 30 days from the date of its receipt.
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In particularly complex cases if we can’t respond within 30 days:
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We will explain the reason for the delay;
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We will indicate the circumstances that must be established for the case to be reviewed;
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We will specify the expected deadline for reviewing the complaint and providing a reply, which cannot exceed 60 days from the date of receiving the complaint.
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If, based on your complaint, the subject of the complaint cannot be determined, we will ask you for clarification or to provide more information – within 30 days. Failure to do so will result in the complaint being left unexamined.
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When reviewing the complaint, we may ask you to provide additional information and documents necessary for the complaint consideration.
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We respond to complaints in writing, by registered mail, or by courier to your postal address or on another durable medium.
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The response to the complaint will be delivered by email only at your request. Such a request must be made in writing, by phone, or by email.
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Your cooperation during the complaint consideration process may expedite its consideration.
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You may appeal against our decision. The procedure and deadlines for appeals are the same as for complaints. Your appeal will be reviewed by another person than the complaint was. If our decision remains to dismiss your complaint after your appeal, we reserve the right not to consider any further appeals unless you inform us about new facts that provide grounds for changing our previous position.
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We allow the possibility of alternative dispute resolution procedure with customers, i.e., through mediation or arbitration. In particular, we allow using Arbitration Court at the Polish Financial Supervision Authority.
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In the event that your claim is denied:
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You have the right to appeal, which you submit in the same manner and within the same deadline as for complaints, additionally indicating the identifying data of the complaint against which you are appealing;
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You have the right to request a review of the case by the Financial Ombudsman (in the case of customers who are individuals); Financial Ombudsman's website: https://rf.gov.pl/;
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You also have the right to file a lawsuit with a common court against us. The competent court to hear the case will be the common court competent for the registered office of OANDA TMS Brokers S.A. or the place of the contract performance. If you are a consumer, you may also be allowed to file the lawsuit with a court competent for the place of your residence, according to the rules set out in the laws of your country.
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Complaints and claims unrelated to the services provided by OANDA TMS Brokers will be treated as comments.