Complaints Policy
In compliance with the provisions of Order ECO/734/2004, of 11 March, on the Customer Care Departments and Services and the Customer Ombudsman of financial institutions (the “Order“), “Monex Europa, S.L.”: (“Monex” or the “Company“) makes this section available to its customers in order to summarise the most relevant information relating to the processing of complaints and claims, and other aspects of interest in terms of transparency and protection of the financial services customer.
Monex has a specialised and independent customer service department (“Customer Service Department” or “SAC“), responsible for protecting the rights and legitimate interests of customers in their relations with the Company and dealing with complaints and claims submitted, directly or through representation, by all natural or legal persons, Spanish or foreign, who meet the status of Monex customer, provided that such complaints and claims refer to their legally recognised interests and rights, whether arising from contracts, transparency and customer protection regulations or good financial practices and uses, in particular, the principle of equality. The head of SAC has been duly appointed by the Board of Directors of Monex in accordance with the applicable regulations.
Complaints and claims submitted must be resolved within fifteen working days from receipt by the Customer Service Department. In exceptional situations, when a response cannot be offered within fifteen working days for reasons beyond the control of the Customer Service Department, Monex will send a provisional response clearly indicating the reasons for the delay in the response to the complaint and specifying the period within which the customer will receive the final response. This period shall never exceed one month.
In order to be served by the Customer Service Department provided for in the Order, it is necessary that the customer has previously contacted the Company through the means provided for in this section:
By mail
Monex Europa SL
Picasso Tower
Plaza Pablo Ruiz Picasso, 1
28020 Madrid
Attn. Customer Service Department
By email
consultas.mesl@monexeurope.eu
The following information must be included in the complaint or claim submitted to the Customer Service Department (otherwise, the complaint or claim may not be admitted for processing):
a) Name and surname (or company name) and address of the customer and, where applicable, of the person representing them, and the accreditation of said representation; and photocopy of the DNI, passport or NIE.
b) Reason for the complaint or claim, clearly specifying which are the issues on which a ruling is requested;
c) Office, department or service where the facts that are the subject of the complaint or claim occurred;
d) That the client is not aware that the subject matter of the complaint or claim is being substantiated through an administrative, arbitral or judicial procedure; and
e) place, date and signature.
Along with this document, the client must provide the documentary evidence they have and on which their complaint or claim is based.
For more information on the processing of complaints and claims, Monex makes available to customers its Rules for the defence of the Company’s customers, which can be found at the following link: https://www.monexeurope.eu/en/mesl/regulatory-disclosures/
Once the complaint or claim has been filed with the Customer Service Department, if the response has not been satisfactory or the general maximum period of 15 days or exceptional period of one month has elapsed to resolve their complaint or claim from the filing of the same, the customer may contact the following Complaints Services:
Supervisory Body Complaints Service: Conduct of Institutions Department of the Bank de Spain
Payment services and electronic money: if you do not receive a response within the period provided for in the Rules or when your claim is not upheld, you can contact the Bank of Spain’s Complaints Service: Calle Alcalá 48, 28014 Madrid or through its website: https://clientebancario.bde.es/pcb/es/menu-horizontal/podemosayudarte/consultasreclama/comorealizarrecl/
Before resorting to these Complaints Services, the regulations require the customer to justify having previously gone to the Monex Customer Service Department.
Regulations on transparency and protection of financial services customers
General Consumer Protection Regulations and contracting conditions:
- Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defence of Consumers and users and other complementary laws.
- Law 7/1998, of 13 April, on general contract conditions.
General regulations on consumer protection of payment and electronic money services:
- Royal Decree-Law 19/2018, of 23 November, on payment services and other urgent measures in financial matters.
- Order ECE/1263/2019, of 26 December, on transparency of the conditions and information requirements applicable to payment services and amending Order ECO/734/2004, of 11 March, on customer service departments and services and the customer ombudsman of financial institutions, and Order EHA/2899/2011, of 28 October, on transparency and protection of banking services customers.
- Order EHA/2899/2011, of 28 October, on transparency and protection of banking services customers.
Customer Service & Consumer Protection:
- Order ECO/734/2004, of 11 March, on Customer Service Departments and the Consumer Ombudsman for Financial Institutions.
- Order ECC/2502/2012, of 16 November, which regulates the procedure for submitting complaints to the complaints services of the Bank of Spain, the National Securities Market Commission and the Directorate General of Insurance and Pensions.
- Law 7/2017, of 2 November, which incorporates Directive 2013/11/EU of the European Parliament and of the Council, of 21 May 2013, on alternative dispute resolution in consumer matters, into Spanish law.