IT IS AGREED AS FOLLOWS:

1. Interpretation

1.1 In this Agreement the words listed below shall have the following meanings unless the context otherwise requires:

“Agreement” means these Terms of Business which form a legally binding contract between the Company and the Customer to purchase or Sell Currency.

“Company” means Eu Exchange Limited (No. 11060998) whose registered office is at 15a Walm Lane London England NW2 5SJ

“Customer” means the individual or organisation contracting with the Company

“FCA” means the Financial Conduct Authority. The UK Financial Regulatory Authority

“Website” means the Online resource belonging to the Company from which it trades and is identified by its Uniform Resource Locator (URL) in use at the relevant time.

“The Service” means the Company’s provision of Online service for the provision of foreign currency exchange.

“Business Day” means a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.

“Business Hours” means anytime between 9am and 5pm on a Business Day.

“Delivery Date” means the date on which the Customer’s purchases are delivered. The day/date of delivery may be chosen by the Customer or determined by the availability of currency supplies.

 “Currency” means the money of a Nation other than the United Kingdom purchased from the Company at the prevailing rate.

“Anti money laundering” means Regulations which are in force to prevent inter alia criminal activity in the foreign exchange of money.

“Availability” means Currency may be restricted or unavailable due to various external forces including legal restrictions, monetary limits and anti money laundering regulations. 

 

1.2 Where the context so admits the singular shall include the plural and the masculine gender shall include the feminine, and in each case vice versa.

1.3 References in this Agreement to any statute shall include any statute or statutory provision which amends, extends, consolidates or replaces it from time to time.

2. Conditions of engagement with this Agreement

2.1 In contracting with the Company, the Customer warrants to the Company that:

(a) They are over the age of eighteen years; 

(b) They are the registered owner of any payment card or bank account used to purchase Currency; 

(c) They are purchasing Currency for their own private or business travel purposes; and 

(d) They have read and understood these Terms of Business and will abide by their content.

 

3. Processing of Personal Data and Identity checks

3.1 The Company will process any Personal Data provided as part of the transaction in accordance with their published Website Privacy Notice. 

3.2 The Customer may be required to provide identity information to allow the Company to comply with its responsibilities under the law.

3.3 It is an express term of this Agreement that the Company may conduct such checks as in its sole discretion it deems fit to satisfy itself regarding the provision of goods or services under this agreement, including but not limited to credit checks, identity checks and so far as allowed by law, criminal records checks.

 

4.Anti Money Laundering

4.1 The Company is registered with His Majesty’s Revenue & Customs (HMRC) as a Money Service Business under licence number XXML00000119917

4.2 The Company will take such actions it decides in its sole discretion to comply with the prevailing anti money laundering laws. Such actions may include but are not limited to: 

(a) Decline any offer to purchase currency;

(b) Cancel any contract which is believed to be suspicious;

(c) Report any activity to lawful authority which is believed to be suspicious;

(d) Request additional identification where necessary. A list of acceptable forms of identification will be provided at the relevant time.

4.3 The purchase of Currency for certain countries, known as ‘High Risk Third Countries’ will usually precipitate additional checks. The Government provides a list Online of such Countries, which can be seen at the following web address. https://www.legislation.gov.uk/uksi/2021/392/regulation/2/made 

4.4 To ensure compliance with the law and for good business practice all Currency exchanged must be authentic and in good order. 

4.5 The Company will not accept banknotes which are not in current circulation.

4.6 All notes offered for exchange must have all their original security and safety features present and in good order.

4.7 Any bank notes known or suspected to be fraudulent or damaged beyond use will be refused or confiscated for transmission to lawful authority at the Company’s sole discretion.  

 

5. Orders

5.1 Whether buying or selling currency to the Company, the Customer must provide sufficient information as requested by the Website form(s) to allow the Company to process their order.

5.2 The Company will process properly constituted orders via its Website without delay.

5.3 The maximum value of any order is £2500 (two thousand five hundred pounds)

5.4 All orders are taken subject to the availability of the currency requested.

5.5 Availability of Currency may be affected by factors in the following non exhaustive list:

1. Certain denominations of notes may not be available;
2. Civil unrest in the relevant country;
3. Temporary or permanent international legal restrictions on trading with certain currencies;
4. Force Majeure conditions. See below in clause 7.

 

5.6 Orders may be made for Home Delivery or collection at one of the Company’s retail outlets the locations of which are displayed Online.

5.7 In the case of Home Delivery the Customer’s order will be sent by Royal Mail Special Delivery postal service and will incur additional costs.

5.8 It is the Customers responsibility to allow sufficient time for the delivery of their Currency prior to travelling abroad.

5.9 It is agreed that the Company has no responsibility for any service interruptions or delays caused by Royal Mail, once the order has been delivered into their hands.

5.10 It is the Customers responsibility to ensure someone is available at the delivery address to sign for the Order from Royal Mail. If no one is in and a collection is necessary at a nearby Royal Mail office it is the Customers responsibility to arrange such collection.

5.11 Collections from our retail outlets will require identification of the individual collecting the Currency. 

5.12 It is the Customers responsibility to produce satisfactory identification upon collection of the Currency. The following type(s) of identification will be required:

1. The card used to make the purchase and one of the following items;
2. Photocard Driving licence
3. National ID card
4. Passport

 

5.13 If the Customer fails to provide satisfactory identification the Company will retain the Currency until such identification is provided. 

5.14 The Company will bear no consequential loss on behalf of the Customer, for example for missed travel arrangements, due to retaining possession of the Currency until satisfactory identification is provided. 

 

6. Currency exchange rates and costs

6.1 The exchange rates buy and sell rates and other financial information relevant to the transaction will be displayed on the Company’s Website.

6.2 The exchange rates may be updated frequently during a business day.

6.3 The actual exchange rates used for any individual transaction will be made clear and in writing to the Customer. 

6.4 Once established an exchange rate will not change for a given transaction, except that the Company may cancel any transaction where such a large fluctuation in the currency value has occurred the Agreement is no longer commercially viable.

6.5 If an unusual currency value fluctuation such that the Agreement is no longer commercially viable is determined by the Company its decision will be communicated to the Customer without delay.

6.6 It is an express term of this Agreement that any currency values and exchange rates provided by the Company is not to be considered financial advice. The Company is not liable for any investment decisions taken based on such information. 

 

7. Force Majeure

7.1 In no event shall the Company be responsible or liable for any failure or delay in the performance of its obligations under this Agreement arising out of or caused by, directly or indirectly, forces beyond its reasonable control, including, without limitation:

1. Strikes;
2. work stoppages;
3. accidents;
4. acts of war or terrorism;
5. civil or military disturbances;
6. medical pandemic;
7. nuclear or natural catastrophes or acts of God;
8.  interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; 
9. Significant or excessive money market currency fluctuations; and
10. Financial/banking collapse

 

7.2 it being understood that the Company shall use reasonable efforts which are consistent with accepted practices in the finance industry to resume performance as soon as practicable under the circumstances.

 

8. Waiver

8.1 Any temporary waiver by the Company of any of its obligations under this Agreement shall not be effective unless made by the Company in writing.

8.2 Any delay, omission, indulgence or forbearance by either party to exercise any of the rights nor any non-compliance by a party under this agreement shall not be construed as a waiver of that right, not shall it impair such right on future occasions.

 

9. Severability

9.1 In the event that any provision of this Agreement is declared void, voidable or illegal the remaining provisions shall continue to apply.

 

10. Notices

10.1 Any notice to be served on either of the parties by the other shall be sent by pre-paid recorded delivery or by facsimile or electronic mail transmission and shall be deemed to have been received by the addressee within 2 working days of posting or at 1pm on the next business day if sent by facsimile or electronic mail transmission to the correct number (with correct answer back) of the addressee.

 

11. Indemnification

The Customer agrees to indemnify, keep indemnified and defend at its own expense the Company against all costs, claims, damages or expenses incurred by the Company due to any failure by the Customer to comply with any of its obligations under this Agreement. 

 

12. Termination

12.1 It is an express term of this Agreement that the Company may cancel any order at any time. 

12.2 If the Company cancels an order they will repay the Customer no more than the purchase price paid.

12.3 If an order is cancelled by the Customer they will be required to sell back the Currency to the Company at their prevailing sell rate at the relevant time.

12.4 If an order has to be cancelled due to the Customer failing to pass any Anti Money Laundering procedure then a cancellation fee and the cost of reversing the foreign exchange transaction will apply. 

12.6 The exchange rate used for cancellations will be the Company’s prevailing buyback rate on the day of cancellation. 

12.7 No transaction conducted in the Company’s retail outlets are refundable once complete. This clause does not affect the Customer’s statutory rights. 

12.8 A transaction where currency is reserved Online and collected and paid for at a retail outlet will only create contractual relations when the currency is paid for.

12.9 All cancellation requests must be made in writing via the Company’s Website.

 

13. Third Party Rights

13.1 The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement and no person other than the named parties shall have any rights under it. 

13.2 The terms of this Agreement or any of them may be varied, amended or modified or this Agreement may be suspended, cancelled or terminated by agreement in writing between the parties or this Agreement may be rescinded (in each case), without the consent of any third party.

 

14. Disputes

14.1 Any dispute arising from this Agreement must in the first instance be reported to the Company by the Customer, in writing, within twenty four hours of the discovery of an issue. 

14.2 The Company will respond in writing without delay and make a genuine attempt to resolve the issue with the Customer.

 

15. Governing law 

15.1 This Agreement shall be governed by the law of England in every particular including formation and interpretation and shall be deemed to have been made within England.

15.2 The parties irrevocably agree that the courts of England will determine disputes arising under or connected to this Agreement, including non-contractual disputes or claims.