1.1 This online ordering service for foreign currency banknotes (“Currency”) through Click & Collect, Home Delivery and Click & Sell (the “Service”) is provided by FEXCO Limited t/a No.1 Currency registered in England and Wales under number 1968932 with registered office at 15 Galena Road, London W6 0LT and VAT registration number GB 945 708 494 (“No.1 Currency” or “we” or “us” or “our).
1.2 These online terms and conditions apply to the Service, and to this end, “you” or “your” means a person agreeing to these online terms and conditions in order to use the Service, and “Business Day” means 9.00am to 5.00pm, Monday to Saturday (excluding any bank holidays).
- Use of the Website
- Use of the Service
3.1 The Service is only available to individuals aged 18 years or over, and who are resident in and accessing the Service from the United Kingdom.
3.2 For the purposes of Click & Collect and Click & Sell, this Service is only available at selected UK No.1 Currency branches.
3.3 The Service may only be used to order Currency for holiday or business travel and not for speculative, investment or any other purposes.
3.4 By ordering your Currency from us, you confirm that you have read and understood these online terms and conditions and agree to be bound by them and to comply with all applicable laws and regulations.
3.5 The Service is only available for the currencies listed from time to time on the Website and is subject to availability of currency. Currency availability may also be subject to further monetary limits, currency exchange restrictions and to customers complying with all applicable laws and regulations, (including, without limitation, anti-money laundering and/or counter-terrorist financing legislation).
3.5 We reserve the right to decline and cancel orders without reason, and refunds will be issued where payment has already been made by customers.
- Ordering and Paying for your Currency
By placing an order, you confirm that you have read and understood these terms and conditions, and agree to be bound by them. If you do not understand and/or agree to these terms and conditions do not place an order with us, as by placing an order with us you are indicating your acceptance to these terms. These terms and conditions shall apply to all contracts formed between you and us to the exclusion of any other terms and conditions you may seek to impose or incorporate, or which are implied by law or otherwise unless both you and we agree, in writing, to vary these terms and conditions and confirm, in writing, the variation. Fees and charges which apply to your order will be displayed on the ordering screen during the online ordering process (except for any charges levied by your card issuer).
4.1 Click & Collect
- As part of the Click & Collect Service, you can pre-order Currency on our Website and collect (and pay for) it in-store.
- Online pre order rates for this Service differ from in store rates. Should the in-store rate at the time of collection be in your favour, then the in-store rate will be honoured. If the foreign exchange rate falls between the time when you placed the order and the time of collection, the rate at the time of placing the online order will be honoured provided always that you collect your order within 2 Business Days of receiving notification that your order is ready for collection.
- Orders up to a maximum of £2,500 can be placed with this Service.
- A maximum of four different currencies can be placed within each order and a mix of denominations will be provided where possible.
- If you choose the Click and Collect Service, you will pay for your order when you collect it at the collection point (not when you place your order on our Website).
- Once we have received your order we will send an email to you acknowledging receipt (we may sometimes but not always call you to confirm this). Orders placed online on a day which is not a Business Day may not be acknowledged until the following Business Day.
- When your order is ready for collection we will send you a second email informing you that it is ready for collection. The email will include a unique order reference number which you must bring with you when you collect your order.
- Proof of identification (photographic & address; e.g. utility bill/bank statement dated within the last three months and driving licence/passport) may be required at collection, so please ensure you bring along acceptable proof of identity when collecting your order.
- Orders must only be collected by the person placing the order.
- Orders must be collected within 2 Business Days from the date of the notification email advising that your order is ready for collection. After this, subject to clause 5.1.3 we may at our sole discretion offer you the in-store exchange rate of the day you come to collect the order. Orders placed online on a Saturday, Sunday or Public Holiday may not be confirmed until the following Business Day
4.2 Home Delivery
- As part of our Home Delivery Service, you can order (and pay for) Currency online and we will arrange for it to be delivered to you at your billing address or a delivery address within the United Kingdom nominated by you, which can be either a personal address or your place of work provided this is a registered business address. However, we reserve the right, at all times, to withdraw your right to have your order delivered to an address that is not your billing address.
- The maximum single or daily order amount is £2,500. The maximum order amount, in any given 90 day period, is £10,000. The minimum order amount is £400. Any of these figures may be amended from time to time at No 1 Currency’s sole discretion. Please note that if you have recently transacted with No 1.Currency, either through its offline or online Currency channels, then your limit may be less than the above-stated levels.
- Orders of £800 or less will incur a £4.95 postage and packaging charge. There is no postage and packaging charge payable for orders which exceed £800. Any of these figures may be amended from time to time at No 1 Currency’s sole discretion.
- Each order shall be restricted to a maximum of four different currencies.
- Your payment information will be sent to our payment services provider for processing, and will not be saved on our servers.
- Payment must be executed by credit or debit card through the Website.
- When making payment you confirm and represent that the funds are legally and beneficially yours.
- Home Delivery rates may be different to that offered through Click & Collect and in-store.
- Your card issuer may charge additional payment processing fees, which are unrelated to the Services provided by No. 1 Currency, and No.1 Currency will have no responsibility or liability in respect of these.
- Once we have received your order we will send you a confirmation email.
- A contract between you and us is only formed when we send you that confirmation email. The confirmation email will constitute your receipt and will include your unique order reference number. You should check the information in the confirmation email carefully and tell us promptly if you believe that the information contained in it is not correct. You will still be bound by the order even if you did not receive the confirmation email.
- We will send you another email once your order has been dispatched.
4.3 Click & Sell
- As part of the Click & Sell Service, you can bring your Currency to one of the stores listed within the Click and Sell section of the website and we will buy it from you at the pre-order rate which you booked when you placed your order online.
- Online exchange rates for this service differ from in-store rates.
- Orders up to a maximum of £2,500 can be placed with this Service.
- If you choose the Click and Sell Service, we will buy the Currency from you when you visit our store.
- Once we have received your order, we will send an email to you acknowledging receipt (we may sometimes but not always call you to confirm this). Orders placed online on a day which is not a Business Day may not be acknowledged until the following Business Day.
- When your order is ready to sell, we will send you a second email confirming this. The email will include a unique order reference number which you must bring with you when you call to our store.
- Proof of identification (photographic & address; e.g. utility bill/bank statement dated within the last three months and & driving licence/passport) may be required at collection, so please ensure you bring along acceptable proof of identity when collecting your order. Orders must only be collected by the person placing the order.
- We cannot accept coins as part of our Click & Sell service. Notes which are defaced/badly damaged or out of circulation will not be accepted.
- We reserve the right to decline certain denominations of any of the currencies in which we trade.
- Transactions must be completed within 2 Business Days of receiving a notification email that your order is ready to sell. After this, subject to clause 5.3(c) we may at our sole discretion offer you the in-store exchange rate of the day you come to transact your sell order.
4.4 All Orders
- To place an order, follow the instructions on the ordering screen. Once you have entered the ordering screen you must complete your order within 20 minutes otherwise your session may time out and you will have to restart the order process.
- You are able to correct errors on your order up to the point at which you click on “Finish”.
- The exchange rates we quote are subject to change. We will use the exchange rate (as set by us) that appears on the ordering screen at the time we receive your order. You must provide the requested information for us to process your order.
- We reserve the right to request further information from you at any time to enable us to complete your order and/or to comply with regulatory requirements.
- We will use various procedures to authenticate each transaction and may, at any time, decline to process your order or any part of your order for any reason.
- By placing an order, you confirm that the details contained in the order are correct in all respects. The system will display a confirmation screen setting out the details of your order.
- To comply with legislation we may use your personal information to perform customer due diligence checks on you through third party provider data searches.
- It is your sole responsibility to meet the currency import and export measures and requirements of the United Kingdom and any country you may be visiting.
5. Collection and/ or Delivery
5.1 Click & Collect
- Collection is subject to the opening times of the collection location. Details for the opening times of the collection location can be obtained on the Website.
- In order to enable No.1 Currency to comply with its anti-money laundering and other legal obligations and its internal risk and fraud policies, No.1 Currency reserves the right to take a copy of your identification document(s) at the time of collection.
- If you fail to collect your order from the nominated No.1 Currency location within 2 Business Days of the date of the notification email advising you that your order is ready for collection order date then your order will be marked as non-collected and your order will be cancelled.
5.2 Home Delivery
- We aim to process and dispatch orders received before 12pm the same day. However, exotic currencies may take an additional Business Day.
- Orders will be fulfilled with denominations stocked at that time. In some cases, orders may be rounded down to the nearest stocked denomination. Should orders be rounded down, the customer will be refunded for the difference using the exchange rate quoted at the time the order was placed.
- Delivery times quoted are estimates only and are dependent on stock levels.
- You must not sign for packages that have been ruptured or tampered with. For the avoidance of doubt, No.1 Currency will not be liable for any shortages or discrepancies in an order in the event that you, or anyone acting on your behalf, signs for an order which has been ruptured or tampered with.
- If there are shortages in your order, you must notify No.1 Currency within 48 hours of delivery. Upon such notice, No.1 Currency will review CCTV of your order being counted, packaged and sealed, and you agree to accept as conclusive evidence CCTV footage showing the correct amount of currency being packaged for your order that No.1 Currency is not responsible or liable for such shortage. If you fail to notify No.1 Currency within this timeframe then No.1 Currency will not accept any responsibility or liability for such shortage.
- If, due to an error by No.1 Currency, you receive more currency than ordered, then you agree to return the excess currency to No.1 Currency within 14 days of receipt of your order and you will be reimbursed for any reasonable postage costs associated with the return of excess currency in accordance with this clause.
- If you fail to accept delivery of your order and, after such failed delivery you fail to collect your order from Royal Mail, then once your order has been returned to No.1 Currency, you may within 10 days of the date of placing an order request a refund of your original payment in relation to your order less any delivery charges and an administration fee of £10. Alternatively, you may request that your order is re-delivered provided that you pay any associated costs of the re-delivery.
- You must notify us as soon as possible, if you do not receive your order for any reason, so that we can carry out a thorough investigation. In such circumstances, No.1 Currency may at its sole discretion arrange a replacement order, and may charge you for the replacement order while we investigate the reason for non-delivery or we may charge you for the replacement order when we complete the investigation depending on the outcome. For the avoidance of doubt, No.1 Currency is not under any obligation to arrange a replacement order.
- If, in the circumstances outlined in the above clause 5.2.8, No.1 Currency at its sole discretion decides to send replacement currency and you subsequently receive the original order, you agree to return your order of original currency. If you do not return the original order within 14 days, No.1 Currency reserves the right to charge you for the replacement currency, if the same has not already been charged for.
- In the case of missing deliveries, No.1 currency will investigate the missing delivery and file an insurance claim with Royal Mail on your behalf. Missing deliveries will not be immediately refunded but dealt with under the terms of Royal Mail’s and No.1 Currency’s internal investigation policies.
- 1 Currency will only deliver your order to your nominated address, which can be a personal address or a registered business address. A signature will be required on delivery. If your order is being delivered to a business address, please be advised that our carrier will deliver to a mailroom or delivery point and will request a signature from the person who accepts receipt of the order; a signature specific to the order details is not required. All orders are couriered through Royal Mail’s Special Delivery (unless we advise you otherwise). A valid telephone number is required for home or business delivery.
- All orders are fully insured to their value.
- The customer must make sure they are present at the delivery address to sign for orders. If the order is being delivered to a business address, the customer must ensure that there is a mailroom / delivery point where someone is available to accept and sign for deliveries on your behalf. In the event that your order is signed for by a person other than you, then we cannot accept responsibility for the loss or theft of such an order or part thereof and will not have any liability for fraudulent acts committed by any third party. Risk in the order shall pass to you when the order is signed for at the delivery address (whether it is signed for by you or someone else).
- Royal Mail Special Delivery is available to 99% of UK addresses. Details of such exceptions can be found on Royal Mails’ website, www.royalmail.com.
- Whilst No.1 Currency will ensure that Royal Mail are instructed to deliver orders within the customer’s stipulated timeframe, the delivery of the order is outside of No.1 Currency’s control once collected by Royal Mail and Royal Mail may deliver, or attempt to deliver, orders earlier including on a Saturday, even though this is not an optional delivery date.
5.3 Click & Sell
- Your sell transaction is subject to the opening times of the collection location. Details for the opening times of the collection location can be obtained on the Website.
- In order to enable No.1 Currency to comply with its anti-money laundering and other legal obligations and its internal risk and fraud policies, No.1 Currency reserves the right to take a copy of your identification document(s) at the time of your transaction.
- If you fail to transact your sell order at the nominated No.1 Currency location within 2 Business Days of placing your order, your order will be marked as non-transacted and your order will be cancelled.
6. Your Right to Cancel
6.1 Click & Collect
- You may cancel your order at any time prior to collection by calling 08008402886 or by email on firstname.lastname@example.org on any given Business Day (except as otherwise notified to you in writing).
6.2 Home Delivery
- Once you have completed the online ordering process by clicking “Finish”, your order cannot be changed or cancelled except with our agreement, and in such circumstances we reserve the right to charge an administration fee of £10.
- If you wish to cancel or amend your order, please call us on 08008402886 or email us on email@example.com on any given Business Day and we will, at our absolute discretion, consider your request.
- If we do agree to cancel your order after it has been dispatched, to you, (i.e. we agree to buy back your order) the following provisions shall apply:
- (a)it is not guaranteed that you will obtain the same exchange rate at which the order was placed, and the delivery charge is non-refundable;
- (b) No.1 Currency will send an email confirming its decision to buy back your order; the rate at which it is willing to do so and identifying a return address for your order. Upon receipt of this email, if you still wish to return your order, you should, at your expense, forward the confirmation email and your order by recorded tracked post requiring signature upon delivery to No.1 Currency at the address stipulated by No.1 Currency in the email confirmation. Once the order has been received and counted by No.1 Currency, a refund (less an administration charge of £10 and any charges identified in clause 6.2.3(e)) will be issued back to the card you used to pay for your order. Refunds may take between 5 and 10 Business Days.
- (c) If your returned order does not add up to the requisite order value, No.1 Currency will, in the absence of a manifest counting error, return the order to you or alternatively offer to provide a refund for the value of currency returned to No.1 Currency.
- (d) No.1 Currency will not sign for any orders returned to No.1 Currency that are tampered or interfered with.
- (e) No.1 Currency is not responsible for and does not refund cash advance charges made by your card issuer.
6.3 Click & Sell
- You may cancel your order at any time prior to collection by calling 0800 840 2886 (Monday to Saturday 9a.m. – 5p.m. or by email on firstname.lastname@example.org.
6.4 All Orders
The provisions of this cancellation clause do not affect your statutory rights.
7.1 You must pay for orders in pound sterling with either a credit or debit card issued in the United Kingdom registered in your name and with sufficient funds available to cover your order and any applicable fees.
7.2 When making payment you warrant that you are acting on your own behalf, for a genuine reason and that the funds are legally and beneficially yours, and that they have not been obtained by illegal means nor in any way contrary to the rights of the legal owner and are not tainted in anyway by criminal activity.
7.3 If you choose to place an order for delivery to your home or business address, the charges for delivering your order will appear in the online quote. The total sum payable by you (except for any charges levied by your credit or debit card issuer) will be shown on the ordering screen.
7.4. You will not be charged a card handling fee if you choose to pay by Maestro, MasterCard® Debit/Credit Card or Visa Debit/Credit Card. Please note that your card issuer may apply an additional charge when using your credit card. Any additional charge will not appear on your order total but will appear on your card statement.
- Third Party Rights
When you place an order for your Currency we are entering a contract with you personally. Nothing in these terms will confer any benefit on any third party or any right to enforce these terms.
- Personal Information
9.1 To the extent that we, as data controller, process any of your personal data, the terms set out in our Privacy & Cookies Policy shall apply to such processing. If there is any conflict between the data protection provisions in these Terms & Conditions and the provisions in our Privacy & Cookies Policy, the provisions in our Privacy & Cookies Policy shall prevail. The terms “data controller”, “personal data” and “processing” shall have the meaning given to such terms in Data Protection Legislation, and Data Protection Legislation means the Data Protection Act 1998 and Directive 95/46/EC, any other applicable law or regulation relating to the processing of personal data and to privacy (including the Privacy and Electronic Communications (“EC Directive”) Regulations 2003 and the Privacy and Electronic Communications (EC Directive) Amendment Regulations 2011 (“E-Privacy Regulations”), as such legislation shall be amended, revised or replaced from time to time, including by operation of the General Data Protection Regulation (EU) 2016/679 (“GDPR”) (and laws implementing or supplementing the GDPR, and laws amending or supplementing the E-Privacy Regulations).
Any personal information (i.e. any information that can be used, directly or indirectly, alone or in combination with any other information to identify an individual including, for example, name, contact details, identification or verification information) about:
- you which you or others make available to us pursuant to these terms; and/or;
- any other person which you make available to us pursuant to these terms, shall collectively hereafter be referred to as “your Personal Information”.
9.2 You confirm and we acknowledge that, wherever necessary, you have provided valid consent for us to process your Personal Information.
9.3 We will:
- treat your Personal Information as confidential;
- process your Personal Information only to the extent, and in such a manner, as is necessary for us to provide the Services under these terms (an inexhaustive list of which is specified in clause 9.4 below), and in accordance with your instructions from time to time;
- process your Personal Information in compliance with all applicable laws, enactments, regulations, orders, standards and other similar instruments;
- implement appropriate technical and organisational measures to protect your Personal Information against unauthorised or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure; and
- take reasonable steps to ensure the reliability of any staff who have access to your Personal Information.
9.4 We may use your Personal Information and disclose it to third parties without your consent for any one of the following purposes:
- To provide the Services to you in accordance with these terms and to communicate with you in this respect.
- To fulfil our legal, regulatory and compliance requirements (including any anti-money laundering and/or counter-terrorist financing obligations).
- To carry out searches (including verifying your identity with fraud prevention agencies and/or conducting credit searches with credit reference agencies).
- To prevent and detect fraud or other criminal activity and to trace those responsible. We may check what you have told us and share information with fraud prevention agencies. If you give us false or misleading information and/or we suspect fraud or other criminal activity, we will record this and may report the incident to the relevant regulatory authorities. Please note that should fraudulent activity be proven against any customer of our service, it is company policy to prosecute the relevant individual(s) to the full extent of the law.
- For risk assessment, statistical, trend analysis and planning purposes.
- To enforce our rights under these terms if necessary.
9.5 You acknowledge that in accordance with clause 9.3, we are reliant on you for direction as to the extent to which we are entitled to use and process your Personal Information. Consequently, we will not be liable for any claim arising from any action or omission by us in respect of your Personal Information, to the extent that such action or omission resulted directly from your instructions.
9.7 By using the Website, you consent to our use of your Personal Information and warrant that all information provided by you (including your Personal Information) is accurate.
- Payment Security
10.1 We use secure server software to make our internet transactions secure.
10.2 All credit and debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment your order will not be accepted.
10.3 When you enter your payment details we will use 3D secure to verify your identity. This check is to ensure it is you that is using your card. Its purpose is to protect you against fraud when making payments online. It is not a credit check. 3D Secure is a payment verification protocol used by major card issuers, branded as ‘MasterCard Secure Code’ and ‘Verified by Visa’ to prevent credit card fraud. Depending on the card issuer, 3D Secure is an opt-out option or a required service for using the card to make internet purchases. Cards registered with 3D Secure require the user to enter a Personal Identification Number (PIN) code or password. This PIN code is not the same PIN code issued with the card. 3D Secure verifies the card details provided by you. The system is completely automated and we do not store or process any of the data provided by the 3D Secure system.
- Limiting Our Liability
11.1 We will not be liable to you for any losses that we could not reasonably be expected to foresee or to occur or for any loss of profits, loss of opportunity, loss or waste of time, loss of anticipated savings, loss of business, consequential or special loss.
11.2 If we are in breach of our obligations under these terms and conditions, we will only be liable to you for the direct losses that you incur. Direct losses mean the value of the currency you wish to order from us, pursuant to payment by you. In any event, our maximum liability to you in respect of each use of the Service shall be limited to a sum equal to the total cost of your order.
11.3 Nothing will limit our liability to you for death or personal injury arising out of our negligence or our fraudulent misrepresentation or misstatement or affect your statutory rights.
11.4 We use reasonable care and skill in providing the Service. However, we shall not be liable to you for the following:
- any failure by you to provide correct information when you place your order;
- any failure on the part of Royal Mail or any other carrier we use to send your order to deliver your order on time;
- if we are unable to perform any of our obligations to you due to failure of any technical systems or for any other reasons beyond our reasonable control including, amongst other things, war, terrorism, government action, natural disaster, and industrial dispute;
- if we are unable to perform any of our obligations because of something outside our reasonable control (including any failure on the part of Royal Mail or any carrier we may use to send your order);
- any damage to your computer equipment as a result of using the Website or the Service;
- any loss of information or unauthorised use of data arising as a result of you using encryption systems below our recommended level; or
- any indirect, or consequential losses, claims or damages suffered by you or incurred from your use or delay or inability to use the Website or the Service however caused
11.5 The disclaimers and limitations of liability in these online terms and conditions shall not apply to any damages arising from death or personal injury caused by the negligence of No.1 Currency or any of its employees or agents or for fraud.
11.6 If any provisions of these online terms and conditions including any disclaimers and limitations is found to be unlawful or unenforceable then such provisions shall fall away and shall not affect the validity and enforceability of the remaining terms. This does not affect your statutory rights.
11.7 You will compensate us for losses caused to us as a result of your fraudulent conduct or if you breach these terms and conditions. The amount paid by you under this condition will represent a reasonable assessment of our losses. The protection provided by you under this condition will not apply if we deliberately or negligently caused the loss.
- Alteration of Terms
We may, at any time, with immediate effect, in respect of future orders, change, suspend or withdraw the Website, the Service and these online terms and conditions without notice and without liability to you. If we revise these terms, we will post the revised version on the Website. You are expected to check our online terms and conditions from time to time to take notice of any changes we make, as they are binding on you. By using the Website or the Service or by placing orders after we have changed these terms, you will be accepting the changes. These online terms and conditions were last updated on 22 August 2016.
- Recordings and records
No.1 Currency may record telephone conversations and No.1 Currency may use these recordings as evidence of orders made, and/or in relation to disputes, as well as for No.1 Currency’s ongoing quality control and training programme. No.1 Currency may also maintain a record of all emails sent by or to No.1 Currency. All such recordings and records will be maintained at No.1 Currency’s absolute discretion and in accordance with applicable legislation, and are the property of and can be used by No.1 Currency in the case of a dispute. No.1 Currency does not guarantee the maintenance of such recordings or records or be able to make them available to customers.
- Anti-money laundering/fraud prevention/counter terrorism financing
We are supervised by Her Majesty’s Revenue and Customs (“HMRC”) as an HMRC registered Money Service Business (“MSB”). Consequently we have legal obligations in respect of anti-money laundering and counter-terrorist financing and are obliged to report to the appropriate authorities (e.g. the National Criminal Investigation service) any suspicions and/or high value transactions without further reference. We may decline or cancel any orders, at any stage, which we believe, contravene our obligations under this or any other applicable legislation and/or regulations.
- Law and Jurisdiction
These online terms and conditions and all dealings with us up to the time you confirm your order are governed by and construed in accordance with the laws of England and Wales and disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales. The Terms are in English and all communications we send to you will be in English.
None of the information provided in connection with this service is, nor should it be construed as, financial advice. Neither we, nor any entity we receive information from, are responsible for any investment or other decisions made on the basis of the information provided.
- Contacting Us
If you are unhappy at any time with our Service, feel that we have not provided the standard of service you expect, or if we make a mistake, please let us know. If you have a complaint, we aim to resolve it as quickly as possible and to your satisfaction. Any complaint should be made by emailing us at email@example.com or by calling us on 0800 840 2886 or by writing to us at No.1 Currency 56 Hanover St, Edinburgh EH2 2DX. A detailed summary of our complaints procedure is available on request. Within 10 Business Days of receiving your complaint, we will send you a written acknowledgement or our final response.