Terms and Conditions
By ordering Currency from the Fourex Website you confirm that you are over 18 years old and have read and understood these Terms & Conditions, and agree to be bound by them and to comply with all applicable laws, rules and regulations. These Terms & Conditions will govern any contract the Client enters into with Fourex for the provision of travel currency. Fourex may enter into Contracts with the Client by telephone or any other means as Fourex may agree with the Client from time to time.
In these Terms & Conditions (also referred to as the “Agreement”), the following terms shall have the following meanings:
“Fourex Travel Money” is the online travel money delivery and collection service of Fourex Inc Limited, operating in partnership with Currency Online Group Limited.
“Bank Transfer“ means the settlement of an Order by payment into a Currency Online Group bank account.
“Client” shall mean the person, firm or organisation to which Fourex provides services for the sale of currencies, having agreed to these terms and conditions.
“Collection Point” means any location(s) from which the Client is able to collect travel currency. All Collection Points from which a package can be collected will be displayed on the Website. This includes locations which are managed by third parties but from which Fourex is permitted to distribute Packages.
“Packages” means the physical currency which is to be delivered to the Client, or collected by the Client, under a Contract.
"Contract" means an Order, once confirmed by Fourex, incorporating and subject to the Agreement.
"Delivery Date" means the date which the client selects to have the Package despatched to him.
"Manifest Error" means a manifest or obvious misquote by Fourex based on a published price source on which Fourex has relied in connection with any Contract, having regard to the current market rates at the time an Order is placed, as determined by Fourex.
"Anti-Money-Laundering Requirements" means the UK laws and regulations for the prevention of money laundering, terrorist financing and the provision of financial and other services.
"Order" means an order for the purchase of foreign currency.
“Debit/Credit Card” means a UK-issued debit or credit card (including without limitation American Express, MasterCard or Visa).
"Terms & Conditions" means these terms and conditions as amended from time to time.
"Travel Currency Services" means the services provided under these terms which allows the Client to purchase foreign currency for delivery or collection.
"Website" means ‘www.fourex.co.uk’ from which Fourex advertises and trades
2. ORDERING / ENTERING INTO A CONTRACT TO OBTAIN TRAVEL CURRENCY
2.1 - During the ordering process on the Website, the
Client will confirm that he or she has read and understood these terms and
2.2 - As part of the Order the Client will choose to either have the package delivered to their Debit/Credit Card billing address; or collect the package from a Collection Point.
2.3 - The Client acknowledges that Fourex only stocks certain denominations of each currency and that any Contracts will be processed in accordance with the denominations available at any one time.
2.4 - Any Order is subject to confirmation by Fourex whereupon, subject to any correction of Manifest Errors, it will become a legally binding Contract. An Order will be confirmed upon the Order appearing as “confirmed” on the Website. Once the order is confirmed, the Client cannot cancel, rescind or amend it without Fourex’s express written consent. If Fourex in its sole discretion decides to make a change to the Contract at the request of the Client, it may charge an administration fee of up to £25.
2.5 - If Fourex does not accept an Order the Client will be notified on the Website. In this event, the Client will not be charged. Please note, the Debit/Credit Card issuer may still reserve the relevant funds for a period of time and the Client should contact the Debit/Credit Card issuer direct in such circumstances.
2.6 - Fourex will not fulfil a Contract where; the Client fails to provide Fourex with material information when required or where information provided is materially incorrect or misleading; or Fourex suspects fraud; or Fourex is required to do so on the instruction of any law enforcement or regulatory agency or other body with appropriate authority (in which case Fourex may retain or otherwise deal with all or any of the Client's money as v is required to do so by such agency or body).
2.7 - Fourex may amend its prices, fees and charges at any time, however, any Orders which have already been confirmed to the Client shall not be affected. Except in the event of a Manifest Error, the current prices, fees and/or charges will be those quoted to the Client via the Website or over the telephone. Fourex will, when making a determination as to whether a situation amounts to a Manifest Error, act fairly towards the Client but the fact that the Client may have entered into, or refrained from entering into, a corresponding financial commitment, contract or transaction in reliance on a Order placed with Fourex (or that the Client has suffered or may suffer any loss) will not be taken into account by Fourex in determining whether there has been a Manifest Error.
2.8 - The Company reserves the right to cancel any order at any time for any reason. In the event of the Company cancelling an order, the client will be reimbursed the full amount paid by credit transfer or in some circumstances asked to complete a recall request by their own bankers. Once a Client has entered a contract for the currency, the order can only be cancelled if contacting us before the order has been sent. All cancellation requests must be emailed to Support@currencyonlinegroup.com or call us on 0203 718 3143.
3. USE OF THE WEBSITE
3.1 - The Website may be used to place Orders for the
purchase of currency.
3.2 - Fourex accepts no liability for any losses caused by the Website’s unavailability.
3.3 - The Client warrants that the Client will only use the Website to purchase currency for legal purposes.
3.4 - Any information regarding exchange rates provided on the Website, is believed, to the best of Fourex 's knowledge and belief, at the time it is given, to be accurate and reliable. Fourex does not warrant the accuracy, completeness or timeliness of any information Fourex makes available on the Website and has no liability whatsoever for any error or inaccuracy in such information.
3.5 - The decision by the Client to enter into a Contract is made on the Client's judgement alone. It is his responsibility to familiarise himself with the product he is buying and Fourex will assume that the Client has done so.
4.1 - Contracts for the purchase of currency must be
paid for at the time of Ordering using a Debit/Credit Card or by Bank
4.2 - The name and billing address of the Debit/Credit Card must match the Client’s name and residential address. Any discrepancies on the Client’s Debit/Credit Card should be raised directly with the Debit/Credit Card issuer.
4.3 - Payments by Bank Transfer must be paid to the Fourex account identified in the confirmation email sent to the Client. The Bank Transfer payment must reach Fourex as cleared funds within 48 hours of placing an Order. Should client funds not reach Fourex with 48 hours, Fourex reserve the right to amend an Order to the prevailing exchange rate on day of receipt. In instances where a Bank Holiday is between your order date and your payment date we will allow extra time. You must attach your order number to the payment to enable us to identify the funds upon receipt. Failure to do this will likely add processing time to your order. In the event that Fourex is unable to identify the sender of the funds (where the Client or their bankers have not attached the Order number or other means to enable us to match to an Order), the funds will be held in suspense pending identification. Fourex reserves the right to amend the exchange rate to the prevailing rate on the day the funds are identified. The name and billing address of the Debit/Credit Card must match the Client’s name and residential address. Any discrepancies on the Client’s Debit/Credit Card should be raised directly with the Debit/Credit Card issuer.
4.4 - We reserve the right to adjust a rate should the Market fluctuate more than 1% within 24 hours from it being ordered. Our website rates are indicative only and we are not bound by them.
4.5 - Fourex does not accept cash deposits or cheques directly into its bank account, where a Client does make payment to us by any of these methods, it will be held in an internal suspense account and the Order may not be processed.
4.6 - Where applicable, delivery / collection / card charges for an Order will be displayed on the Website during the ordering process. This does not include any fees or charges which a card issuer may levy against the Client directly.
5.1.1 - The Package will be sent by, and is subject to
the terms and conditions of, Royal Mail’s Special Delivery service. A copy of
the Royal Mail’s Special Delivery terms and conditions are available from the
Royal Mail upon request.
5.1.2 - It is the Clients is responsibility to be available to sign for their Order. Royal Mail will attempt delivery to the requested address before 13:00.
5.1.3 - Any delivery times quoted by Fourex are estimates only and Fourex does not accept liability for late deliveries. Once a Package has been collected by the Royal Mail for delivery it is outside of Fourex’s control. For example, the Royal Mail may deliver, or attempt to deliver, on a Saturday, even if the Client has not selected the guaranteed Saturday delivery service.
5.1.4 - The Client must not sign for any Package which has, in any way, had its packaging ruptured or tampered with. We will not accept any responsibility or liability for any Shortage if the Client has signed for a Package which been ruptured or tampered with. A “Shortage” means a situation where the amount of currency Ordered is greater than the amount of currency actually delivered in a Package.
5.1.5 - If there is a Shortage in any Package the Client must notify Fourex within 48 hours after receipt of the Package. In the event that the Client notifies Fourex of a Shortage in accordance with Clause 5.1.6, Fourex may review its CCTV footage of the Package being packaged for delivery.
5.1.6 - You accept that failed or missing deliveries will not be immediately refunded but dealt with under the terms of the Royal Mail's investigation. Once their investigation and our subsequent insurance claim on your behalf (where appropriate) is complete only then will any refund be payable.
5.1.7 - If, due to an error by Fourex, the Client receives more currency than Ordered in a Package, then the Client agrees to return the excess currency to Fourex within 14 days of receipt of the Package. Fourex agrees to reimburse the Client for any reasonable postage costs associated with the return of excess currency in accordance with this clause.
5.1.8 - If the Client fails to (i) accept delivery of the Package; and (ii) collect the Package from the Royal Mail after a failed delivery; then once the Package has been returned to Fourex the Client may request a refund of its original payment, or request Fourex to attempt re-delivery. In either case Fourex may charge Debit/Credit Card handling fees, bank charges, re-delivery charges.
5.1.9 - Delivery dates should not be placed for the 2 working days prior to your departure for your travels.
5.1.10 - Where delivery is made at customer's request, we can accept no direct responsibility or liability for safe delivery beyond ensuring the secure handover of payment to the chosen delivery address. If the delivery address is to a location with a centralised reception or any kind of multiple occupancy building, be aware that Royal Mail may deliver to the reception or another delivery point only and not to the customer. Therefore, anyone at the reception can sign for and take receipt of the delivery. We are not responsible for deliveries for which Royal Mail has obtained a signature at your delivery address but which you have not received.
5.2 - Collection of a Package
5.2.1 - The Client must collect the Consignment from the same Collection Point as specified in the Order.
5.2.2 - The Client will need to present the Order confirmation, government approved photographic personal identification (for example, a passport or driving licence) and the Debit/Credit Card used in the Order when collecting a Package.
5.2.3 - The Package will only be held at the Collection Point for a limited amount of time (typically 7 days after the collection date). Fourex cannot guarantee that the Client will be able to collect the Package after the collection date specified in the Order. If the Client believes it will be unable to collect the Package on the date specified in the Order, the Client will notify Fourex as soon as possible.
5.2.4 - If the Client does not collect the Package within 7 days of the collection date, Fourex will, at the request of the Client, buy back the currency at the prevailing rate offered by Fourex.
6. Fourex'S OBLIGATION TO ANTI-MONEY LAUNDERING REQUIREMENTS
Anti-Money-Laundering Requirements may require Fourex to implement certain customer due diligence (“CDD”) procedures in
relation to the identity of each client and other details relating to
Contracts. The Client agrees to provide Fourex with all the
information Fourex requires as part of Fourex 's CDD
Fourex may not accept an Order or deliver (or make available for collection) any Package until such time as the relevant CDD information has been provided to Fourex and is, in Fourex’s sole discretion, acceptable. The provision of CDD information to Fourex shall not prevent Fourex from requesting further CDD information.
Where Fourex believe that an Order may be linked to other orders taken by Fourex, it may require the Client to register as a client of Fourex. Fourex may, at its discretion, chose to refund the money to the Client in the event of linked orders.
7.1 - Fourex will not be liable to the
Client for the act or omission of any third party, provided that where Fourex has instructed the third party, Fourex shall use reasonable
skill and care in selecting the third party.
7.2 - Fourex will not be liable to the Client for the failure of Packages, under any Contract, to be delivered to the Client on time. Time shall not be of the essence for the delivery of Packages under this Agreement.
7.3 - Fourex shall not be responsible for or liable to the Client, or any person claiming through the Client (whether in contract or for breach of a legal duty of care owed by Fourex or otherwise) for any consequential or indirect loss, damage, cost or expense of any nature whatsoever, incurred or suffered by the Client or any person claiming through the Client, in each case whether such damage was foreseen or advised to Fourex as likely to occur.
7.4 - The liability of Fourex to the Client in respect of each Contract shall be limited to a sum equal to the total value of the Client’s Contract and any charges Fourex makes for each Contract in respect of which the Client is making a claim.
7.5 - Nothing in this Contract excludes or restricts Fourex 's liability in respect of: fraud or wilful misconduct; death or personal injury caused by Fourex's negligence; or any other liability which cannot lawfully be excluded.
7.6 - The Client and Fourex agree that the exclusions and limitations of liability and the resulting allocation of risk and liability contained in each Agreement and Contract is reasonable in all the circumstances and having regard to all relevant facts.
The Client is responsible for checking the import and/or export requirements of the United Kingdom and any country the Client may be visiting.
8. DATA PROTECTION
Fourex will observe the requirements of the Data Protection Act 1998 (as amended and supplemented) in the performance of its obligations under this Agreement and will comply with any request made or direction given by the Client, which is directly due to the requirements of the Data Protection Act 1998. Fourex will only use personal data to allow Fourex to provide the Travel Currency Services to the Client, to assess Fourex's risks in providing the Travel Currency Services to the Client, and/or to enable Fourex to enforce its rights under the Agreement and any Contracts if necessary. This may involve passing personal data to third-party service providers or Fourex 's agents, on the understanding that they keep it confidential. Fourex may need to give its auditors, professional advisers, agents or subcontractors access to personal data or anyone who is interested in Fourex 's business. Fourex may conduct searches through an identity-referencing agency, credit-referencing agency and other sources of information and use scoring methods to verify the Client's identity. If the Client has been referred to Fourex by a third party, Fourex may provide them (or any party to whom they assign their rights under their contract with Fourex) with personal data relating to the Client's Contracts in which they are interested by virtue of Fourex 's contracts with them. Fourex may from time to time - by telephone, email or other electronic communication, fax or post - provide the Client with information relating to other services that Fourex, or Currency Online Group or selected third parties connected with Fourex 's business can offer. The Client agrees that Fourex may call upon the Client at a reasonable hour or otherwise communicate with the Client without an express invitation.
9. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS
The Client shall at all times comply with all applicable laws and regulations, including all applicable anti-money laundering “Customer Due Diligence” or “Know your Customer” laws and regulations, all applicable anti-bribery and anti-corruption and anti-terrorist laws and regulations, and all applicable directions or instructions from any applicable government or regulator, in connection with its obligations under the terms of the Agreement and each Contract, together with any reasonable requests made by Fourex for the purpose of complying with its obligations under this clause. The Client shall indemnify and hold Fourex harmless from and against all fines, penalties, liabilities, losses, costs or expenses arising from the Client's failure to comply with such laws, regulations, directions and instructions.
10. FORCE MAJEURE
Fourex will not be in breach of contract and will be relieved of any liability, loss, damage, cost or expense of any nature whatsoever for any failure or delay in performing its relevant obligations under the terms of a Contract (and the time for performance of the obligations shall be extended accordingly) if and to the extent that Fourex’s performance of the Contract is prevented or delayed by any circumstances beyond its reasonable control or the reasonable control of its suppliers and contractors, including but not limited to any strike, lock out or other form of industrial action; derelict weapons of war; nuclear, radioactive, biological, chemical, biochemical or electromagnetic weapons or contamination; unavoidable accident; failure of telecommunications, a utility service or transport network; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural physical disaster. Fourex will notify the Client detailing the circumstances and the period for which it is estimated that it will be unable to perform the Contract.
11.1 - Any typographical, clerical or other error or
omission in any documentation produced by Fourex under or in
connection with any Agreement or any Contract shall be subject to correction
without any liability on Fourex 's part.
11.2 - A person who is not a party to the Agreement or Contract has no rights under the Contracts (Rights of Third Parties) Act 1199 to enforce any term of the Agreement or Contract, but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
11.3 - Fourex will provide the Client with a copy of these terms and conditions upon request. Fourex may send this to the Client by post, email, fax or by displaying it on the Website.
11.4 - Fourex may amend this Agreement on reasonable notice to the Client in accordance with Fourex 's statutory obligations (if any). The amendments will apply to all of Fourex's dealings with the Client and to all Contracts entered into by the Client after the effective date, save that the amendments will apply to Contracts entered into prior to the effective date where it is required by law or any relevant Money Laundering Requirements.
11.5 - If any provision (or part of any provision) of the Agreement or the Contract is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part provision shall, to the extent required, be deemed not to form part of the Agreement or the Contract, and the validity and enforceability of the other provisions of the Agreement or the Contract shall not be affected.
11.6 - No failure or delay by Fourex to exercise any right or remedy provided under the Agreement, Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
11.7 - Should any provisions of this Agreement be in conflict with any other documentation or information that Fourex has provided to the Client in connection with any particular Contract, then this Agreement shall have priority unless specifically agreed by Fourex in writing that such other documentation and information shall have priority in whole or in part.
11.8 - The Agreement, together with each Contract, constitutes the whole agreement between Fourex and the Client and supersedes all previous agreements with Fourex relating to its subject matter. The Client acknowledges that, in entering into the Agreement and each Contract, the Client has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in the Agreement and Contract. Nothing in this clause shall limit or exclude any liability for fraud.
11.9 - All intellectual property rights in the Website, any advertising material issued by or on behalf of Fourex, all information, materials, prices or charts, business methods, databases or settlement specifications relevant to the Contract or otherwise used or arising in connection with the Contract will remain the property of Fourex or any third party which provided it to Fourex and the Client will have no rights to distribute, republish, copy, reproduce, sell, sub-license or otherwise transfer or disseminate any of the foregoing unless otherwise expressly agreed in writing.
11.10 - Any Order and all communications between the Client and Fourex will be in English.
11.11 - In the event that the Client wishes to make a complaint in relation to the products and services Fourex offers, the Client may do so either in writing to Currency Online Group Limited at Unit 31 Elizabeth House York Rd, Lambeth, London SE1 7NQ, in person at this address or, via email on firstname.lastname@example.org or via telephone on 0203 718 3143. A copy of Currency Online Group complaints procedure is available upon request.
11.12 - The Agreement and each Contract, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law. Each Party irrevocably agrees that the English courts shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Agreement, any Contracts or their subject matter or formation (including non-contractual disputes or claims).