Terms and conditions of Travel FX Ltd
The Client (as defined below) wishes to enter into contracts for the purchase, sale and delivery of currency with Mortgage FX Ltd ("the Company") and has agreed with the Company that each transaction shall be carried out on the terms and conditions ("Conditions") as set out below
Terms and Conditions for cash delivery
"Company", "Travel FX Ltd" or "Mortgage FX Ltd" means Mortgage FX Ltd whose registered offices are 31-33 College Rd, Harrow, Middx, HA1 1EJ.
"Client / Customer" shall mean the person, firm or organisation to which the Company provides services for the purchase or sale of currencies for physical delivery only that uses these services having agreed to these terms and conditions.
"Payment Date" means the date agreed at inception of the transaction between the Client and the Company which is specified on the Contract Note when the Client must deliver his funds to the Company to ensure that the Company can attempt to meet the agreed Delivery Date for the Client's purchased currency.
"Website" means the website from which the Company advertises and trades.
"Delivery Date" means the date which the client prefers to have the currency funds he has purchased despatched to him.
"Business/Working Day" means from 9am to 5pm from Monday to Friday, excluding Saturdays and any Bank Holidays.
"Currency" means the currency purchased at the agreed exchange rate.
"Contract" means the formal contract entered into between the Client and the Company for the foreign exchange transaction to buy/sell Currency at the quoted exchange rate on the dates quoted and to make the payment set out therein on and subject to these Terms and Conditions.
"Suspicious Transactions" means a transaction that raises "an unconfirmed belief" where there are circumstances to suggest to a reasonable individual that a person might be money laundering. It includes any activity which does not fit with the normal course of business.
By accessing, using or browsing the Website, or ordering Currency either from the Website or by telephone, you confirm that you are over 18 years old and have read and understood these terms and conditions, and agree to be bound by them and to comply with all applicable laws, rules and regulations.
MONEY LAUNDERING REGULATIONS
The Company is licensed for Bureau de Change business with H.M Revenue & Customs.
The Company reserves the right at all times to refuse to process any Currency orders at any stage.
The Company has a legal obligation to report to Customs and Excise and or National Criminal Investigation Service any and all suspicious transactions.
The Regulations require the Company to monitor any unusual or suspicious transactions of any size taking place where the company believes the money is derived from illegal activity.
The Regulations also require us to keep full records of all transactions of £10,000 Sterling and above, together with copies of identification provided. Identification may be in the form of a Passport/Driver's License, and a utility Bill, Bank Statement or other considered official address bearing communication. We are unable to process any transaction where this information is withheld. The Company reserves the right to request relevant information from a Client at any time or level of trading to comply with the companies Due Diligence and Money Laundering regulations. Such information would include, but is not limited to, certified photographic identification i.e. Passport or Drivers License, a copy of a utility bill no older than three months for proof of address and source of funds. Requests by us of this nature will add processing time to your order for which we will not be held liable.
When placing an order, you warrant that you are acting on your own behalf, for a genuine reason and the currency that you wish to buy/sell is legally and beneficially yours, has not been obtained by illegal means nor in any way contrary to the rights of the legal owner and is not tainted in anyway by criminal activity. You also warrant to us that the information that you provide to us is true and accurate in all respects and that you will not withhold any material information from us and you will provide us with any information that we may reasonably require.
You must provide all the requested information for us to process the order. We reserve the right to request further information from you, should it be required, at any time. You agree that we may take reasonable steps to verify your identification and you acknowledge and agree that we may elect not to do business with you for any reason, at our absolute discretion.
We do not accept orders by telephone.
You can pay for your order by Bank Transfer [Internet/Telephone Banking/CHAPS/BACS etc] or by direct deposit. We do not accept cheques or any plastic cards. Should you attempt to or be successful in making a payment to us by Cheque or plastic card, once this is identified it will be held on suspense and your currency order will not be processed. All orders will be processed at the foreign exchange rates confirmed to you by our automated email process only at the time of ordering. Our website rates are indicative only and we are not bound by them. Your payment must reach us as cleared funds within 48 hours of placing your order in order for us to secure the rate on your order. We reserve the right to amend your order to the rate on day of receipt should your funds not reach us with 48 hours. In instances where a Bank Holiday is between your order date and your payment date we will allow extra time equivalent to the Holiday period. The minimum order value for currency is £300; orders of less than £500 will incur a handling fee of £5.
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.
Any refund of a cancelled order, duplicate payment, rounding adjustment or any other type of refund will be subject to a £5.00 payment charge in addition to any other fees payable.
Payments for orders that are received short of the required amount to settle may be held for 24 hours pending receipt of the balance. Should the balance fail to credit we may adjust the order to the nearest bill denomination available and settle the order. Due to the denominations we stock it is likely to cost more than the shortfall. Should the shortfall subsequently be credited to us this is not refundable if the amount received is £5.00 or below.
Unidentifiable payment receipts
Should we be unable to identify the sender of the funds due to the sender or their bankers not attaching the order number or other means to enable us to identify them or the funds we receive not being readily identifiable as being sent from the orderer, then these funds will be held in suspense pending identification.
ADMINISTRATION FEES FOR SPECIFIC DENOMINATIONS REQUEST
Should you require your currency in specific denominations i.e. all USD100 bills, a fee of of £5.00 will be added to your order to fulfil your request. The £5.00 Administration Fee can be made by Bank Transfer, direct deposit or by currency deduction. The Clients request for specific denominations will not be acted upon until payment has been received or deduction agreed.
All deliveries are made to the residential address you specify when placing your order.
The Company does not recommend delivery to Business/Charity/Organization [work] addresses but will do so upon request at the customers own risk.
All orders are dispatched using Royal Mail Special Delivery, which guarantees next working day delivery before 1:00pm. A signature will be required on delivery of all orders. Any person at the delivery address can sign for the package.
Travel FX Ltd does not guarantee next day delivery or guarantee that your required delivery date will be met in any way however we shall use our best endeavours to deliver on your required date. We will not be held liable for any issues, expenses or costs arising from not delivering on the date you have stated.
It is important that you are present to sign and accept delivery for your order. We cannot accept any responsibility for fraudulent acts committed by a third party or non delivery to a named person. We will not be liable for any losses or expenses arising from late or non-delivery.
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.
Delivery dates should not be placed for the 2 working days prior to your departure for your travels.
Where the delivery date falls on a Monday, your package may be dispatched on the Friday prior as Royal Mail do not collect from the Company on a Saturday/Sunday, therefore you may receive your package on the Saturday prior to your delivery date. This is dependant upon the local Royal Mail Delivery office's services where the package is being delivered to. In instances where the package does not arrive on the Saturday, your package may be delivered on the Monday. Royal Mail cannot guarantee delivery on a Saturday.
You may request Saturday delivery of your order for a charge of £5.00 however we cannot guarantee that Royal Mail will fulfil this request. This fee is non-refundable in the event of non-delivery on a Saturday.
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 other 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.
Our delivery schedule is subject to variation for public holidays.
Customers must refuse to accept any damaged packages delivered by Royal Mail. We will not accept any responsibility for damaged packages.
We will attempt to send your order so that it reaches you on or before the date specified when placing your order. We are not responsible for late-delivery where the Postal Service has failed to meet the requirements of the Royal Mail Special Delivery service.
Any losses incurred by you, which are caused as a result of us delivering your order to a delivery address supplied by you in error, will be borne by you.
We do not deliver outside of the UK and Eire.
Deliveries to areas specified by the Royal Mail under general exceptions will be subject to the Royal Mails delivery schedule.
Returned or refused deliveries will be bought back by us at the prevailing rate on the day upon receipt at our offices unless prior arrangements have been agreed.
Should it transpire that your order is changed from a cash delivery to an International Bank Transfer a fee equivalent to £25.00 will be deductable from the transfer amount to be sent.
Should the Client need to change either the delivery date or the delivery address this request must be done by email from the email address initially used to make the order and may not take effect until confirmed back to you in an email from us.
We will consider the purchase back of unused currency only from clients to whom we sold the currency initially. We neither supply nor buyback 200 & 500 Euro notes.
The Company will endeavour to ensure that the Currency Notes supplied to the client is in the denominations requested; however the company reserves the right to supply the currency in any denominations. The Company reserves the right to substitute Sterling, either cash or cheque, in the event of a short fall in the specific currency. In the event of the substitution being greater than £25 or 5% of the value, the Company will endeavour to contact the customer.
The Client agrees that the Company may carry out any check as to the Client's financial status as the Company shall deem fit. The Client accepts that the Company will attempt to verify the Client's identity by checking the details supplied against those held on a number of specific databases that the Company has access to, for example information from the Electoral Register, and fraud prevention agencies. A record of this process will be kept that may be used to help other companies to verify the Client's identity. The Company may also pass information to organisations involved in fraud prevention to protect the Company and other clients from theft and fraud. If the Client supplies false or inaccurate information and the Company suspect's fraud, the Company will record this and share this information with other organizations.
The Client shall pay all legal fees or costs incurred in connection with the enforcement of these terms and conditions or legal fees incurred in connection with any dispute or difference arising under this agreement that is resolved in favour of the Company.
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 cannot be cancelled by the client without incurring a fee. Should a client request cancellation of their order/s a fee of £25.00 will be applied per order plus the costs of reversing the foreign exchange transaction. This fee must be paid in full before any order can be cancelled. All cancellation requests must be emailed to email@example.com. Failure to pay the cancellation fee within 7 days may result in legal action.
The Company excludes all liability for any claim arising from any act undertaken for a Customer unless the Customer can prove that the company caused the Customer to suffer loss.
When determining if the company has caused a Customer to suffer loss, the Customer accepts the actions of intermediaries not employed by the company are the actions of third parties. The company will not be responsible for any loss caused by a third party. This does not affect the customers' statutory rights.
The Company will make every effort to process orders placed via this service without any delay, however, delays can sometimes occur due to technical problems or matters out of our control. If this occurs we will make every effort to deliver your order as soon as possible.
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 ask us to transfer, pursuant to any Contract. You accept that this is a reasonable pre-estimate of the loss you may suffer resulting from any breach by us or of our obligations hereunder.
None of the information contained in this website constitutes, nor should be construed as Financial Advice. The Company provides information using its best endeavours to achieve accuracy, but this cannot be guaranteed.
The Company does not warrant this site's contents, and exclude any implied warranty, in particular relating to exchange rates, market prices and data. The Company is showing rates as an indication only. All information is given with the proviso that while we give an indication of today's rates, we will not be held responsible for any human or machine error that causes a wrong rate to be published.
In the event of an incorrect rate quoted on any order, we will contact you to advise the correct rate and amend the order accordingly. You can then confirm if you wish to proceed with the amended order. Neither the Company, nor any entities from which they receive information, nor any entities with which their site is linked, shall be liable for any investment or other decisions made on the basis of the information provided.
PROPRIETARY RIGHTS AND COPYRIGHT
The contents of this website are protected by copyrights, trademarks, patents and/or any other proprietary rights and laws. No part of this website can be reproduced without prior written consent.
Any telephone calls between the Company and the Client may be recorded, in which case the recordings will be accepted by the client as evidence of the instructions or communications recorded.
The Client, by accepting these terms and conditions, acknowledges and accepts that evidence of any such recordings may be referred to by the Company in respect of any dispute or difference between the parties.
The Company needs to record and maintain certain information about the Client's personal and financial circumstances. This data will be held in hard copy and/or electronic form. The client hereby consents to the Company recording and maintaining this information. In accordance with the Data Protection Act 1998, the Client can ask to see a copy of the personal information concerning them that is held by the Company.
The terms and conditions of this Agreement are the conditions in force at the date of this Agreement and shall not be superseded, amended or varied in any way whatsoever without the written consent of the Company.
No representation made orally by the Company, its servants or agents shall be binding upon the Company or shall form part of this Agreement, unless they are agreed in writing by a Director of the Company.
Your obligations under these Terms and Conditions may not be assigned or transferred in anyway to any other party. We shall have the right at any time to transfer and assign our rights under these Terms and Conditions to any other party as we deem fit. Any delay or failure on our part to exercise our rights shall in no way amount to or be deemed as a waiver or giving up of such rights by us, nor shall it prejudice any of our other rights under these Terms and Conditions.
A person who is not a party to the Trading Agreement has no rights under the contracts (Rights of Third Parties) Act 1999 to enforce any term of the Trading Agreement but this does not affect any right or remedy of a third party which, exists or is available under that Act.
Should any of these Terms and Conditions be deemed to be unenforceable or illegal, the remainder of the Terms and Conditions shall remain in full force and effect as if the unenforceable or illegal part has been removed. Should any of these Terms and Conditions be in conflict with any other documentation or information that we have provided to you in connection with any order, then these Terms and Conditions shall have priority unless specifically agreed by us in writing that such other documentation and information shall have priority in whole or in part.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions and any disputes or claims arising out of or in connection with them shall be governed by and construed in accordance with the laws of England and Wales and the English Courts shall have jurisdiction over any such dispute.
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