Key Information Document – Complaint procedure

Key Information Document – Complaint procedure

Under the European regulation on key information documents for packaged retail and insurance-based investment products (PRIIPs) and the Swiss Financial Services Act (FinSA), we are required to inform clients  how they may lodge a complaint in relationship to non-compliance with PRIIPS or FinSA legal requirements.

Issuers

Depending on the issuer, complaints about a financial product subject to these regulations may be lodged as follows:

Banque Pictet & Cie SA

Any complaint regarding the conduct of the person advising you or selling the product may be submitted directly to that person.

Any complaint regarding the product or the conduct of the manufacturer may be submitted in writing to Banque Pictet & Cie SA, 60, route des Acacias, 1211 Geneva 73, Switzerland, or by email to  ptscompliance@pictet.com.

Banque Pictet & Cie SA,
Hong Kong Branch

Any complaint regarding the conduct of the person advising you or selling the product may be submitted directly to that person.

Any complaint regarding the product or the conduct of the manufacturer may be submitted in writing to Banque Pictet & Cie SA Hong Kong Branch, Compliance Department, 9/F Chater House, 8 Connaught Road, Central, Hong Kong, or by email to HKB_issuing_products@pictet.com.

Pictet Bank & Trust Limited

Any complaint regarding the conduct of the person advising you or selling the product may be submitted directly to that person.

Any complaint regarding the product or the conduct of the manufacturer may be submitted in writing to Pictet Bank & Trust Limited, P.O. Box N-4837, Bayside Executive Park, Building No. 1, West Bay Street and Blake Road, Nassau, Bahamas, or by email to  ptscompliance@pictet.com.

Bank Pictet & Cie (Europe) AG, Succursale de Luxembourg

Any complaint regarding the conduct of the person advising you or selling the product may be submitted directly to that person.

Any complaint regarding the product or the conduct of the manufacturer must first be sent to:

Bank Pictet & Cie (Europe) AG, Succursale de Luxembourg
Complaints
15A, Avenue J. F. Kennedy
L-1855 Luxembourg

The Bank will send a response to all the issues raised by the Client within one month. The Bank will send an acknowledgement letter to the Client within 10 (ten) business days of receipt of the complaint, unless the complaint can be resolved within this time.

The Bank will notify the Client if all the issuescannot be resolved within one month from receiving the complaint.

If the Client is unsatisfied with the Bank’s response or has not received a response, they may send their complaint to the Bank’s management by addressing it to the attention of the Corporate Secretary.

If, after submitting a complaint to the Bank’s management, the Client has not received an answer or a satisfactory reply within one month of it being received by the Bank, the Client may lodge a complaint with the CSSF within one year of the Client’s lodging their complaint with the Bank. Such complaint may be lodged with the CSSF by post at 283, route d’Arlon, L-2991 Luxembourg; by using an online form available at www.cssf.lu; or via email at direction@cssf.lu.

Distributors

Depending on the distributor, any complaint about a financial product subject to such regulation may be lodged as follows:

Bank Pictet & Cie (Europe) AG

Any complaint regarding the product or the conduct of the manufacturer may be submitted directly to that  person.

In the event of any complaint regarding the conduct of the person advising you or selling the Product, you have the following out-of-court options:

- The Client may send a complaint to the Bank's contact details specified in the "List of Prices and Services". The Bank must respond to complaints in an appropriate manner. Complaints concerning payment services contracts must be made in text form (for example, by post, fax or e-mail).

- The Bank takes part in the dispute resolution procedure of the consumer arbitration board of the Ombudsman for Private Banks (www.bankenombudsmann.de). There, consumers can call on the Ombudsman for Private Banks to settle a dispute with the Bank.  If the subject of the complaint concerns a dispute about a payment services contract (§ 675f of the German Civil Code),Clients who are not consumers may also call on the Ombudsman for Private Banks.

Further details are set out in the "Rules of Procedure of the Private Banks' Ombudsman", which can be provided on request or downloaded from the Internet at www.bankenombudsmann.de. The complaint must be submitted in text form (e.g., by post or e-mail) to the Office of the Ombudsman for Private Banks, Postfach 04 03 07, 10062 Berlin, Germany, e-mail: schlichtung@bdb.de.

 - Furthermore, the Client may at any time submit a written complaint or oral complaint  to the Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht), Graurheindorfer Strasse 108, 53117 Bonn, Germany, about violations by the Bank of the German Payment Services Supervision Act (Zahlungsdiensteaufsichtsgesetz - ZAG), Sections 675c to 676c of the German Civil Code (Bürgerliches Gesetzbuch - BGB) or Article 248 of the Introductory Act to the GermanCivil Code (Einführungsgesetz zum Bürgerlichen Gesetzbuche - EGBGB).

- The European Commission has set up a European online dispute resolution platform (ODR platform) at www.ec.europa.eu. Consumers can use the ODR platform to settle a dispute from online contracts with a company established in the EU out-of-court.

Bank Pictet & Cie (Europe) AG, Succursale de Luxembourg

Any complaint regarding the product or the conduct of the manufacturer may be submitted directly to that person.

Any complaint regarding the conduct of the person advising you or selling the Product, must first be sent to: 

Bank Pictet & Cie (Europe) AG, Succursale de Luxembourg
Complaints
15A, Avenue J. F. Kennedy
L-1855 Luxembourg

The Bank will send a response to all the issues raised by the Client within one month.

The Bank will send an acknowledgement letter to the Client within 10 (ten) business days of receipt of the complaint, unless the complaint can be resolved within this time.

The Bank will notify the Client if all the issues cannot be resolved within one month from receiving the complaint.

If the Client is unsatisfied with the Bank’s response or has not received a response, they may send their complaint to the Bank’s management by addressing it to the attention of the Corporate Secretary.

If, after submitting a complaint to the Bank’s management, the Client has not received an answer or a  satisfactory reply within one month of it being received by the Bank, the Client may lodge a complaint with the CSSF within one year of the Client’s filing their complaint with the Bank. Such complaint may be lodged with the by post at CSSF at 283, route d’Arlon, L-2991 Luxembourg; by using an online form available at www.cssf.lu; or via email at direction@cssf.lu.

Bank Pictet & Cie (Europe) AG, London Branch

Any complaint regarding the product or the conduct of the manufacturer may be submitted directly to that person.

Any complaint regarding the conduct of the person advising you or selling the Product, must first be sent to:

Bank Pictet & Cie (Europe) AG, London Branch
Head of Compliance
Stratton House, 6th Floor
5 Stratton Street
London W1J 8LA
United Kingdom

You are also entitled to make a complaint orally. Our written complaints procedures are available from us on request.

You may also have the right to complain directly to the Financial Ombudsman Service, Exchange Tower, London E14 9SR, if we are unable to resolve the complaint to your satisfaction. Further information about the Financial Ombudsman Service can also be found at www.financial‑ombudsman.org.uk. This is without prejudice to your right to lodge a complaint to any other competent regulatory authority or other relevant body.

Bank Pictet & Cie (Europe) AG, Succursale de Paris

Any complaint regarding the product or the conduct of the manufacturer may be submitted directly to that person.

Any complaint regarding the conduct of the person advising you or selling the Product, must first be sent to:

Mr Jean-Baptiste Douin, Managing Director
Bank Pictet & Cie (Europe) AG, Succursale de Paris
34, Avenue de Messine
75008 Paris
France

The Bank will acknowledge receipt of any complaint within 10 (ten) business days of receiving it. Claims are processed within:

- two (2) months for other products and services.

Any complaint concerning a transaction carried out by the Bank, an Account statement or any other document must be made in writing and sent to the Bank as soon as the Account statement or other document is received, or as soon as the Bank becomes aware of the transaction that is the subject of the complaint (but within two months at the latest), unless a different period is provided for in the provisions applicable to the Securities Account and the provisions applicable to the Deposit Account. The Client will be deemed to have approved these transactions if they do not lodge a dispute or claim within this time.

Any damage resulting from a late claim will be borne by the Client.

Certain information provided by the Bank, in particular concerning the valuation of the assets in the Account, may, where applicable, be based on information provided by third parties. In this case, this information is only indicative and may not be interpreted as confirmation by the Bank or as reflecting the exact financial value of the financial instrument. The Bank does not assume any liability for the quality or relevance of the information provided.

In the event of difficulties relating to the management of the Client's Account, the services provided by the Bank, the contracts concluded with the Bank or the application of these General Terms and Conditions, or if the Client is not satisfied with the response to a complaint, they may appeal to the mediator of the French Banking Federation (FBF) or the mediator of the French Financial Markets Authority (AMF). The Client's choice is final for the investigation of the dispute.

The Bank has a system to process all complains fairly and consistently with the necessary resources and expertise.

If, however, the Client is not satisfied with the response to the complaint, they may then appeal to the FBF or AMF Mediator, whose contact details are as follows:

The FBF Mediator can be contacted:

(i) in writing at:

The Mediator
CS 151 75422
Paris Cedex 09
France

(ii) by completing the referral form at https://lemediateur.fbf.fr.

The AMF Ombudsman can be contacted: 

(i) in writing at: 

The Mediator
17, place de la Bourse
75082 Paris Cedex 02
France

(ii) by filling in the referral form at https://www.amf-france.org/fr/le-mediateur.

The mediator is unable to mediate a dispute if the amicable channels of recourse with the Bank have not been exhausted. The mediator is responsible for recommending solutions to disputes referred to them. The mediator is required to give a ruling, in principle, within 90 days of thereferral. The referral suspends the statute of limitations during this period.

The findings and statements made by the mediator may not be produced or invoked in any legal proceedings without the consent of the parties.

Mediation is free of charge for the Client (except for the costs provided for in the paragraphs 3 and 4 of Article R. 612-1 of the French Consumer Code).

Bank Pictet & Cie (Europe) AG, Sucursal en España

Any complaint regarding the Product or the conduct of the Manufacturer may be submitted directly to that person.

Any complaint regarding the conduct of the person advising you or selling the Product must first be sent to:

Bank Pictet & Cie (Europe) AG, Sucursal en España
Client Service (serviciocliente@pictet.com)
Calle José Ortega y Gasset, 29
28006 Madrid
Spain

The Client must submit their complaint or claims to the Bank in Spanish, unless otherwise agreed by the Parties.

Bank Pictet & Cie (Europe) AG, Succursale de Monaco

Any complaint regarding the product or the conduct of the manufacturer may be submitted directly to that person.

Any complaint regarding the conduct of the person advising you or selling the Product must first be sent to:

Pictet (Monaco)
Villa Miraflores
2 avenue Saint Michel
98000 Monaco

The Bank will acknowledge receipt of any complaint made by post or email within 10 (ten) business days. Complaints are processed no later than:

– two (2) months for other products and services.

Without prejudice to any other shorter time limits provided by the General Business Conditions (in particular transaction confirmations), any complaint concerning a transaction carried out by the Bank, an Account statement or extract or any other document must be made in writing and addressed to the Bank upon receipt of the Account statement or the corresponding document, or upon knowledge of the transaction linked to the complaint, at the latest within one month of receipt. The Client will be deemed to have approved these transactions if no objection or complaint is made within this time.

Without prejudice to the above provisions, no action by the Client relating to transactions on the Current Account or the content of statements or any other document relating to a transaction on said Account may be brought, or no objection made, after one year from the Bank's receiving it (or, where applicable, the provision  of said statements or documents by electronic or telematic means). The period is extended to five years for Clients who are natural persons or non-profit legal entities governed by private law.

Any loss or damage resulting from the Client’s failure to act in a timely manner will be borne by the Client.

Certain types of information provided by the Bank, such as the value of the assets held in the Account, may be based on information supplied by third parties. In this case, the information is merely indicative and may not be interpreted as confirmation by the Bank or as reflecting the true asset value of the Financial Instrument. The Bank does not assume any liability for the quality or relevance of the information provided.

Bank Pictet & Cie (Europe) AG, Succursale italiana

Any complaint regarding the product or the conduct of the manufacturer may be submitted directly to that person.

Any complaint regarding the conduct of the person advising you or selling the Product must first be sent to:

Bank Pictet & Cie (Europe) AG, Succursale italiana
Complaints
Corso Vittorio Emanuele II,95
00128 Turin
Italy

The Bank will respond to all issues raised by the Client within 60 (sixty) days.

Upon receipt of the complaint, the Bank will send a confirmation letter to the Client within 10 (ten) business days, unless said complaint may be resolved within that time.

The Bank will notify the Client if all issues cannot be resolved within 60 (sixty) days of receipt of the complaint.

If the Client is dissatisfied with the Bank's response or has not received a response and the dispute relates to banking services, they may send their complaint to the Banking and Financial Ombudsman  (ABF).  The right to recourse to the ABF may not be waived by the Client. This right can always be exercised even if there are clauses providing for disputes to be referred to other bodies for out-of-court settlement. Information on the work of the Arbitrator can be found at www.arbitrobancariofinanziario.it. The decision of the ABF does not preclude the Client from brining litigation before the competent court.

If the Client is dissatisfied with the Bank's response or has not received a response and the dispute relates to investment services, they may send their complaint to the Arbitrator for Financial Disputes (ACF). The right to recourse to the ACF may not be waived by the Client. This right can always be exercised, even if there are clauses providing for disputes to be referred to other bodies for out-of-court settlement. Information on the work of the Arbitrator can be found at www.acf.consob.it. The decision of theACF does not preclude the Client from bringing a dispute before the competent court.

A mediation procedure must have been duly initiated before a dispute can be brought before any court. The Client and the Bank may have recourse to the Conciliatore Bancario Finanziario — Association for the settlement of banking, financial and corporate ADR disputes, or to another similar body registered in the register of conciliation bodies maintained by the Italian Ministry of Justice. The procedure before the ACF or ABF, as the case may be, fulfils the duty to conduct a mediation procedure.

Details of the Bank's complaint handling procedure can be obtained from the Bank on request.

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