Terms and Conditions
Introduction
By ordering Currency from the Ross & Co 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 Ross & Co for the provision of
travel currency. Ross & Co may enter into Contracts with the Client
by telephone or any other means as Ross & Co may agree with the
Client from time to time.
1. DEFINITIONS
In these Terms & Conditions (also referred to as the “Agreement”), the
following terms shall have the following meanings:
“Ross & Co” Ross & Co is an online travel currency delivery
and collection service, and is a trading name of Currency Online Group Limited.
“Bank Transfer“ means the settlement of an Order by payment into a Ross & Co bank account.
“Client” shall mean the person, firm or organisation to which Ross & Co
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 Ross & Co 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 Ross & Co,
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 Ross & Co based on a published price source on which Ross & Co has
relied in connection with any Contract, having regard to the current market
rates at the time an Order is placed, as determined by Ross & Co.
"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.churchinvestments.co.uk’ from which Ross & Co
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
conditions.
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 Ross & Co 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 Ross & Co 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 Ross & Co’s express written consent. If Ross & Co 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 Ross & Co 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 - Ross & Co will not fulfil a Contract where; the Client fails to
provide Ross & Co with material information when required or where
information provided is materially incorrect or misleading; or Ross & Co
suspects fraud; or Ross & Co is required to do so on the instruction
of any law enforcement or regulatory agency or other body with appropriate
authority (in which case Ross & Co 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 - Ross & Co 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. Ross & Co 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 Ross & Co (or that the Client has suffered or may
suffer any loss) will not be taken into account by Ross & Co 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 [email protected] 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 - Ross & Co 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 Ross & Co 's knowledge and belief, at the
time it is given, to be accurate and reliable. Ross & Co does not
warrant the accuracy, completeness or timeliness of any information Ross & Co 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 Ross & Co will assume that the Client
has done so.
4. PAYMENT
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
Transfer.
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 Ross & Co account
identified in the confirmation email sent to the Client. The Bank Transfer
payment must reach Ross & Co as cleared funds within 48 hours of
placing an Order. Should client funds not reach Ross & Co with 48
hours, Ross & Co 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 Ross & Co 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. Ross & Co 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 - Ross & Co 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. DELIVERY
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 Ross & Co are estimates only and
Ross & Co does not accept liability for late deliveries. Once a
Package has been collected by the Royal Mail for delivery it is outside of
Ross & Co’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 Ross & Co within 48 hours after receipt of the Package. In the event that
the Client notifies Ross & Co of a Shortage in accordance with Clause
5.1.6, Ross & Co 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 Ross & Co, the Client receives more
currency than Ordered in a Package, then the Client agrees to return the excess
currency to Ross & Co within 14 days of receipt of the Package.
Ross & Co 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 Ross & Co the Client may request a refund
of its original payment, or request Ross & Co to attempt re-delivery.
In either case Ross & Co 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). Ross & Co
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 Ross & Co as soon as possible.
5.2.4 - If the Client does not collect the Package within 7 days of the
collection date, Ross & Co will, at the request of the Client, buy
back the currency at the prevailing rate offered by Ross & Co.
6. Ross & Co'S OBLIGATION TO ANTI-MONEY LAUNDERING REQUIREMENTS
Anti-Money-Laundering Requirements may require Ross & Co 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 Ross & Co with all the
information Ross & Co requires as part of Ross & Co 's CDD
procedures.
Ross & Co 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 Ross & Co and is, in Ross & Co’s sole
discretion, acceptable. The provision of CDD information to Ross & Co
shall not prevent Ross & Co from requesting further CDD information.
Where Ross & Co believe that an Order may be linked to other orders
taken by Ross & Co, it may require the Client to register as a client
of Ross & Co. Ross & Co may, at its discretion, chose to
refund the money to the Client in the event of linked orders.
7. LIABAILITY
7.1 - Ross & Co will not be liable to the
Client for the act or omission of any third party, provided that where Ross & Co has instructed the third party, Ross & Co shall use reasonable
skill and care in selecting the third party.
7.2 - Ross & Co 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 - Ross & Co 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 Ross & Co 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 Ross & Co as likely to occur.
7.4 - The liability of Ross & Co 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 Ross & Co makes for each Contract in respect
of which the Client is making a claim.
7.5 - Nothing in this Contract excludes or restricts Ross & Co 's
liability in respect of: fraud or wilful misconduct; death or personal injury
caused by Ross & Co's negligence; or any other liability which cannot
lawfully be excluded.
7.6 - The Client and Ross & Co 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
Ross & Co 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. Ross & Co will only use personal data
to allow Ross & Co to provide the Travel Currency Services to the
Client, to assess Ross & Co's risks in providing the Travel Currency
Services to the Client, and/or to enable Ross & Co to enforce its
rights under the Agreement and any Contracts if necessary. This may involve
passing personal data to third-party service providers or Ross & Co 's
agents, on the understanding that they keep it confidential. Ross & Co
may need to give its auditors, professional advisers, agents or subcontractors
access to personal data or anyone who is interested in Ross & Co 's
business. Ross & Co 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 Ross & Co by a third party, Ross & Co may provide them (or any party to whom they assign their rights under
their contract with Ross & Co) with personal data relating to the
Client's Contracts in which they are interested by virtue of Ross & Co
's contracts with them. Ross & Co 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 Ross & Co, or
Currency Online Group or selected third parties connected with Ross & Co
's business can offer. The Client agrees that Ross & Co 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
Ross & Co for the purpose of complying with its obligations under
this clause. The Client shall indemnify and hold Ross & Co 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
Ross & Co 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 Ross & Co’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. Ross & Co 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. GENERAL
11.1 - Any typographical, clerical or other error or
omission in any documentation produced by Ross & Co under or in
connection with any Agreement or any Contract shall be subject to correction
without any liability on Ross & Co '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 - Ross & Co will provide the Client with
a copy of these terms and conditions upon request. Ross & Co may send
this to the Client by post, email, fax or by displaying it on the Website.
11.4 - Ross & Co may amend this Agreement on
reasonable notice to the Client in accordance with Ross & Co 's
statutory obligations (if any). The amendments will apply to all of Ross & Co'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 Ross & Co 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 Ross & Co has
provided to the Client in connection with any particular Contract, then this
Agreement shall have priority unless specifically agreed by Ross & Co
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 Ross & Co and the Client and
supersedes all previous agreements with Ross & Co 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 Ross & Co, 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 Ross & Co
or any third party which provided it to Ross & Co 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 Ross & Co will be in English.
11.11 - In the event that the Client wishes to make a
complaint in relation to the products and services Ross & Co offers,
the Client may do so either in writing to Currency Online Group Limited at Unit
Suite 1 The Concourse, Waterloo Station, London SE1 7LY, in person at this address
or, via email on [email protected] 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).