Complaints Procedure
If you have any complaint about our website, our products or our services you should raise your complaint in writing and send it by email to the following email address:
complaints@gapdm.com
We will acknowledge receipt of your complaint by return of email. If we have not acknowledged receipt of your complaint within 2 working days, please assume that we have not received the complaint and send it again.
We will consider your and investigate complaint as quickly as is reasonably practicable and will notify you of our findings within 14 days. Should we need more time we will send you an email stating that we need more time and estimating the likely timeframe for replying in full. This will be no more than a further 21 days.
We will provide an explanation of our findings and where we consider we should act upon your complaint we will do so, telling you what action we propose to undertake.
If your complaint is regarding the website or its content we will deal with the complaint as expeditiously as possible and if we consider it appropriate, refer it to an appropriate authority for consideration. If you are not satisfied with our response to the complaint you may escalate the matter to the Information Commissioner.
If the complaint is regarding a product that you have purchased we may, if we consider appropriate, offer you a replacement of the same or a similar product or, if we consider we have not performed the contract as we ought to have done, we may provide a refund.
If the contract is for services, we will suspend such services whilst we investigate your complaint and re-instate them or provide an alternative remedy in the event we consider we are at fault.
If following our determination of your complaint you are not satisfied with our findings or our method of resolving the complaint you may appeal our decision and must do so in writing by email to the complaints email address within 7 days after notification of our findings has been sent to you, with the Subject/heading: ‘Appeal against Complaint Findings’ and setting out the reasons why you do not agree with our findings.
We will acknowledge your appeal by return. If we have not acknowledged receipt of your appeal within 2 working days, please assume that we have not received the appeal and send it again.
We will note the basis of your appeal and will re-consider our findings in the light of your reasons for appeal. We will notify you of any new findings or why we do not agree with your reasons for appeal in writing by email within 7 days of receiving your appeal.
If you do not accept our findings of your appeal you may escalate the complaint by asking us to refer the complaint to an adjudicator through our Dispute Resolution Procedure.
Dispute Resolution Procedure
In the event of any dispute arising between a Customer and the Company regarding products sold and/or services provided by the Company to the Customer, if such dispute cannot be resolved through the complaints procedure, it shall be resolved by way of the following dispute resolution procedure:
1. The parties shall attempt in good faith to resolve any dispute or claim promptly through negotiations in good faith.
2. In the event of any dispute arising between the parties that cannot be settled by negotiation, the parties will in good faith seek to resolve that dispute through mediation. The Company shall refer the matter to CEDR Dispute Services.
3. The parties to the dispute shall thereafter follow the procedure and guidance of CEDR in referring the matter to a mediator and will co-operate with the mediator and the mediation service to resolve the dispute, if possible.
4. If the dispute is not resolved by mediation the dispute shall be referred to arbitration in accordance with the rules of the Chartered Institute of Arbitrators (London), whose rules are hereby incorporated into this procedure.
5. The decision of the Arbitrator shall be binding on all parties and it is agreed that should a party refer the matter to the Courts, this agreement to arbitration and the Arbitrator’s decision shall be adduced in any subsequent Court proceedings.
6. The costs of Mediation and/or Arbitration will be shared equally between the parties unless a mediator/arbitrator deems otherwise, which (s)he shall have the power to do, if deemed appropriate.
7. The referral of this dispute to Mediation or Arbitration does not affect the parties’ rights that may exist under Article 6 of the European Convention of Human Rights. If the dispute is not settled by mediation or determined by arbitration the parties’ rights to a fair trial remain unaffected and neither party is prevented from issuing proceedings.
8. A refusal by either party to attempt to resolve the dispute by or to fully partake of mediation and/or arbitration may be founded upon by the other in any subsequent proceedings.
Both parties agree that the right to seek and obtain injunctive relief and/or to issue and pursue proceedings for non-payment of products or services is expressly excluded from the requirement to adopt ADR.