Terms of Use

A. General Terms of Use of the Online Store

1. Scope of Application

1.1. These terms and conditions (hereinafter, the Terms) set out the procedure by which AS “Money Express”, registration No. 40103317582, with its registered office at Lāčplēša iela 88, Riga, LV-1003 (hereinafter, the Seller), offers, arranges the ordering, payment for and collection of goods available in the online store at www.moneyexpress.lv (hereinafter, the Online Store), and govern the use of the Online Store.

1.2. The Online Store may be used only for lawful purposes and in accordance with the laws and regulations in force in the Republic of Latvia.

1.3. Before using the Online Store and placing an order, the user must familiarise themselves with these Terms. By placing an order, the buyer confirms that they have read, understood and agree to these Terms.

1.4. The Seller has the right to amend these Terms by publishing the current version thereof in the Online Store. Any amendments shall enter into force upon publication and shall apply to orders placed after such publication, unless the applicable laws and regulations provide otherwise.

2. Definitions Used in the Terms

2.1. User – any person who visits or uses the Online Store.

2.2. Buyer – a user who places an order in the Online Store.

2.3. Order – an order placed by the buyer in the Online Store for the purchase of goods which, once confirmed, forms a distance contract between the buyer and the Seller.

2.4. Goods – goods offered in the Online Store, including currency, investment gold, other precious metal products and any other goods, if offered.

2.5. Currency – foreign cash currency available for purchase in the Online Store.

2.6. Investment Gold – investment gold coins and bars available in the Online Store.

2.7. Other Precious Metal Products – other precious metal products offered in the Online Store, if offered.

2.8. Cart – the section of the Online Store in which the goods selected by the buyer are compiled before the order is confirmed.

2.9. Branch – the Seller’s customer service and goods collection location.

3. Content of the Online Store and Intellectual Property

3.1. Calculators, price displays, charts and other informational tools available in the Online Store are provided for informational purposes only. They shall not be deemed to constitute a binding offer by the Seller, financial advice, an investment recommendation, financial analysis, or a guarantee that a transaction will be concluded at a particular price or exchange rate.

3.2. Calculations and price indications displayed in the Online Store are indicative only. The final terms of the transaction shall be determined at the moment the order is confirmed, taking into account the applicable exchange rates, prices, availability, denominations and other relevant circumstances.

3.3. The Seller has the right, to a reasonable extent, to modify, supplement, restrict or discontinue certain functionalities, tools or content of the Online Store where this is necessary for security, maintenance, technical improvements or compliance with legal and regulatory requirements.

3.4. All content available in the Online Store, including texts, product descriptions, images, charts, design, calculators and other elements, is the intellectual property of the Seller or the relevant rights holders.

3.5. Without the Seller’s prior written consent, the user shall not be entitled to copy, reproduce, publish, distribute, modify or otherwise use the content available in the Online Store for commercial purposes.

3.6. The user may use the content of the Online Store only for personal and non-commercial purposes.

3.7. The user is prohibited from taking any action that may jeopardise the security, operation, integrity or availability of the Online Store.

B. Pre-contractual Information and Order Placement

4. Information about Goods

4.1. The Online Store may offer currency, investment gold, other precious metal products and other goods. The essential characteristics of each product are indicated in the description of the relevant product.

4.2. Currency exchange rates in the Online Store are indicated in such a manner that it is clear how many units of foreign currency the buyer acquires for 1 euro or how many euro are calculated for a particular amount of foreign currency in accordance with the selected transaction.

4.3. Product images in the Online Store are for informational purposes only. The actual appearance, packaging, series, year of issue, denominations or other visual features of the goods delivered may differ from those shown in the image, unless clearly stated otherwise in the relevant product description.

4.4. The Seller does not guarantee the continuous availability of all goods in the Online Store. The availability of goods may change without prior notice.

4.5. The information available in the Online Store, including product descriptions, calculator calculations, charts and other informational materials, is prepared for informational purposes only and shall not be deemed to constitute investment advice, a financial recommendation, financial analysis or an individually tailored offer. The buyer shall make the decision to purchase independently, having assessed the risks associated with the relevant transaction.

5. Pre-contractual Information

5.1. Before confirming the order, the buyer can review in the Online Store information about the selected product, its price, the payment method, the collection procedure, any applicable restrictions, and the other material terms of the transaction.

5.2. Before confirming the order, the buyer can review the selected product, its quantity, price, payment method and the other information included in the order.

5.3. By clicking the relevant button in the Online Store, the buyer confirms the order and acknowledges that it entails an obligation to pay in accordance with the requirements governing distance contracts.

6. Order Placement

6.1. Before placing an order, the user must select the required product on the relevant product page, price list or calculator and add it to the Cart in the required quantity.

6.2. The user has the right to amend the quantity of products in the Cart by using the relevant functions in the Online Store. The contents of the Cart may be amended up to the moment the order is confirmed.

6.3. A distance contract between the Seller and the buyer shall be concluded when the buyer has placed and confirmed the order in the Online Store, agreed to these Terms, and the order has been accepted for processing in the Seller’s system.

6.4. After placing the order, the buyer shall receive an order confirmation at the email address indicated in the order.

6.5. By confirming the order, the buyer undertakes to make full payment for the order.

6.6. Title to the goods shall pass to the buyer after full payment has been received and the goods have been handed over to the buyer.

C. Payment and Reservation

7. Prices, Rates and Reservation

7.1. Prices of goods and currency exchange rates in the Online Store are determined in real time and may change without prior notice depending on the situation in the financial markets.

7.2. At the moment the order is confirmed, the relevant product price or currency exchange rate is fixed and shall not thereafter be changed, except in cases provided for in these Terms or by the applicable laws and regulations.

7.3. If, due to an obvious technical or system error, objectively incorrect information concerning the price, currency exchange rate, product availability or other essential information affecting the conclusion or performance of the transaction is indicated in the Online Store, the Seller shall have the right not to fulfil or to cancel the relevant order.

7.4. Such an error may include, inter alia:

  1. an obviously inappropriate or objectively incorrect product price or currency exchange rate;
  2. incorrectly indicated product availability;
  3. a system or data exchange error with third-party service providers;
  4. significant technical disruptions in the operation of the Online Store affecting order processing;
  5. another similar obvious technical or system error materially affecting the terms of the transaction.

7.5. In such cases, the Seller shall, without undue delay, inform the buyer of the identified circumstance and:

  1. offer to place the order on corrected terms; or
  2. cancel the order and refund the amount paid by the buyer in full.

8. Payment Procedure

8.1. The buyer must pay for the order no later than within 2 (two) hours after its confirmation or within such other period as may be clearly indicated at the time of placing the order.

8.2. Payment may be made:

  1. in cash at the Seller’s Branch;
  2. by bank transfer;
  3. by using electronic payment solutions.

8.3. Payment shall be deemed to have been made at the moment when the funds are received in the Seller’s account or cash desk.

8.4. All commissions or other costs related to payment applied by the buyer’s bank or payment service provider shall be borne by the buyer.

8.5. If payment is not made within the specified period, the Seller shall have the right to cancel the order or reservation.

8.6. If cash payment at the Seller’s Branch is selected as the payment method, the buyer must arrive at the selected Branch within the period indicated at the time of placing the order and, if no such period is indicated, no later than within 2 (two) hours after confirmation of the order.

9. Third-Party Payment Services

9.1. Payment processing may be ensured by third parties.

9.2. The Seller shall not be liable for the actions or technical disruptions of third-party service providers to the extent that such circumstances are outside the Seller’s reasonable control; however, this shall not release the Seller from obligations imposed on it by the applicable laws and regulations.

D. Collection of Goods and Identification

10. Buyer Status and Identification

10.1. The buyer confirms that they are an adult person with legal capacity.

10.2. The buyer is responsible for the accuracy, completeness and truthfulness of the information indicated in the order.

10.3. The Seller has the right to identify the buyer and to request additional information or documents to the extent necessary for compliance with applicable legal and regulatory requirements, including anti-money laundering, counter-terrorist financing and counter-proliferation financing requirements, as well as for the purposes of internal risk management procedures.

10.4. If the buyer fails to provide the requested information or documents, or if performance of the transaction is not possible due to legal and regulatory requirements, the Seller has the right to suspend performance of the order, refuse delivery of the goods or cancel the order, refunding the payment received to the extent that the applicable laws and regulations do not provide otherwise.

11. Fulfilment of Orders and Collection of Goods

11.1. Orders are processed on business days from 10:00 to 17:00.

11.2. Goods shall be handed over to the buyer only after full payment has been received, unless the Seller has stipulated otherwise.

11.3. The buyer has the right to collect the goods at the Seller’s Branch selected at the time of placing the order or as otherwise agreed between the Seller and the buyer.

11.4. Upon collecting the goods, the buyer must present a valid identity document. If the order is collected by another person, the Seller has the right to request additional authorisation or to refuse delivery of the goods.

11.5. Orders paid by bank transfer or electronic transfer are usually prepared for collection within 1–2 business days after receipt of payment, unless the Seller has informed the buyer of another period or additional verification is required for fulfilment of the order.

11.6. The Seller has the right to refuse delivery of the goods until the required identification, additional verification or any other procedure provided for in the applicable laws and regulations has been completed.

12. Failure to Collect the Order

12.1. The buyer must collect the goods within the period indicated by the Seller.

12.2. If the buyer fails to collect the goods within the specified period, the Seller has the right to cancel the order and return the payment received without making any deductions, except where such deductions are permitted by the applicable laws and regulations and have been clearly disclosed to the buyer in advance.

12.3. If the Seller has incurred direct and justified costs due to the buyer’s failure to collect the goods, reimbursement of such costs shall be permissible only to the extent allowed by the applicable laws and regulations and only if such costs were clearly disclosed to the buyer before confirmation of the order.

13. Communication with the Buyer

13.1. The buyer shall receive an order confirmation and, where applicable, an invoice at the email address indicated in the order.

13.2. Where the buyer places an order for the first time, the buyer is also advised to check the spam folder and other email folders.

13.3. The buyer must verify the information indicated in the order, the order confirmation and the invoice. If any discrepancy is identified, the buyer must inform the Seller thereof immediately using the contact channels indicated by the Seller.

13.4. The email address and telephone number indicated by the buyer shall be deemed to be the official communication channels. Notifications sent to these contacts shall be deemed duly sent.

13.5. The buyer must remain reachable via the communication channels indicated in the order in order to receive information related to the order in a timely manner.

13.6. If the buyer is unreachable, fails to provide the requested information or does not co-operate within a reasonable period, the Seller has the right to suspend performance of the order or cancel the order to the extent objectively necessary for the performance of the order or compliance with legal and regulatory requirements.

E. Special Rules for Currency and Goods Subject to Market Price Fluctuation Risk

14. Special Rules for Orders of Currency and Investment Gold

14.1. In certain cases, if the selected goods cannot be provided in the exact amount or composition requested, the quantity of goods may be adjusted before delivery in accordance with actual availability.

14.2. If the buyer places an order for the purchase of currency, the Seller has the right to adjust the selected amount of currency only to the extent necessary to enable actual fulfilment of the order, taking into account the denominations available at the time of fulfilment.

14.3. The Seller shall inform the buyer of such adjustment using the communication channels indicated in the order.

14.4. If, after adjustment of the order, there is a difference between the amount initially paid and the amount of the adjusted order, the Seller shall, without undue delay, refund the relevant difference to the bank account from which payment was made or in another manner agreed with the buyer, if permitted by the applicable laws and regulations.

14.5. If required by the technical or operational procedures of the Online Store, it may not be possible to purchase currency and investment gold or other precious metal products simultaneously within one order. In such a case, the relevant goods must be placed in separate orders.

15. Limitations of the Right of Withdrawal for Goods Subject to Market Price Fluctuation Risk

15.1. If the price of goods depends on fluctuations in the financial market which the Seller cannot control and which may occur during the withdrawal period, the buyer shall not have the right of withdrawal in such cases as provided for in Cabinet Regulation No. 255 “Regulations Regarding Distance Contracts”, including Clause 22.2 thereof.

15.2. An exception to the right of withdrawal may apply to currency, investment gold and other goods the price of which directly depends on fluctuations in the financial market, in accordance with the applicable laws and regulations.

15.3. The buyer confirms that the decision to purchase such goods is made independently, after assessing the risks associated with the transaction, and that such a transaction shall not be deemed to constitute investment advice, a financial recommendation or an individually tailored offer.

15.4. If an exception to the right of withdrawal applies to a specific product, the buyer shall not be entitled to unilaterally withdraw from the distance contract or refuse the goods solely on the basis of subsequent changes in the market price or exchange rate.

F. Consumer Rights and Complaint Handling Procedure

16. Consumer Rights

16.1. In respect of goods to which the exception to the right of withdrawal provided for by applicable laws and regulations does not apply, the consumer has the right of withdrawal within the scope of and in accordance with the procedure set out in the Consumer Rights Protection Law of the Republic of Latvia (Latvian: Patērētāju tiesību aizsardzības likums, hereinafter, PTAL), Cabinet Regulation No. 255 “Regulations Regarding Distance Contracts” and other applicable laws and regulations.

16.2. If the consumer exercises the right of withdrawal in cases where it is applicable, the consumer must act in accordance with the applicable laws and regulations and the procedure for exercising the right of withdrawal indicated by the Seller, if such procedure is published in the Online Store.

17. Order Cancellation and Complaints

17.1. The Seller has the right to cancel or not fulfil the order if:

  1. payment has not been made within the specified period;
  2. the goods are objectively unavailable;
  3. an obvious technical or system error referred to in Clause 7 of these Terms has been identified;
  4. performance of the transaction is not possible due to applicable legal and regulatory requirements, including AML/KYC, sanctions or other binding restrictions;
  5. force majeure circumstances have occurred.

17.2. In the event of cancellation of the order, the payment received shall be refunded to the buyer in full without undue delay, except where the applicable laws and regulations permit or require otherwise.

17.3. Any disputes between the buyer and the Seller shall first be resolved by negotiation.

17.4. If no agreement is reached, the dispute shall be resolved in accordance with the laws and regulations of the Republic of Latvia. The consumer shall also have the right to apply to the Consumer Rights Protection Centre of Latvia or another competent authority, where provided for by the applicable laws and regulations. The Consumer Rights Protection Law provides protection for consumers against unfair contract terms and establishes the general framework for consumer protection.

G. Personal Data and Cookies

18. Processing of Personal Data

18.1. The buyer’s personal data shall be processed for the purposes of conclusion and performance of the contract, payment processing, customer identification, compliance with legal and regulatory requirements, as well as for other purposes specified in detail in the Seller’s privacy policy.

18.2. Data may be transferred to third parties, for example payment service providers, to the extent necessary for fulfilment of the order or compliance with legal and regulatory requirements.

18.3. Detailed information on the processing of personal data, including the purposes of processing, legal bases, data recipients, storage periods and the rights of the data subject, is available in the Seller’s privacy policy.

19. Cookies

19.1. The Online Store may use cookies and similar technologies in order to ensure the functioning of the website, improve user experience, analyse the use of the Online Store and provide certain functions.

19.2. More detailed information on the use of cookies is available in the Seller’s privacy policy or cookie policy.

H. Liability, Force Majeure and Final Provisions

20. Limitation of Liability

20.1. The Seller shall not be liable for losses arising:

  1. as a result of fluctuations in the financial markets occurring after conclusion of the order;
  2. due to the actions or omissions of credit institutions, payment institutions or other third parties, to the extent that this is outside the Seller’s reasonable control;
  3. due to technical disruptions which the Seller could not reasonably foresee or prevent;
  4. due to other circumstances beyond the Seller’s reasonable control.

20.2. To the extent permitted by the applicable laws and regulations, the Seller’s liability shall not exceed the amount paid by the buyer for the specific order. This limitation shall not apply where the applicable laws and regulations do not permit liability to be limited or excluded. The Consumer Rights Protection Law of the Republic of Latvia (Latvian: Patērētāju tiesību aizsardzības likums, hereinafter, PTAL) does not allow consumer rights to be excluded or restricted by contractual terms in a manner that would be considered unfair.

21. Force Majeure

21.1. The Seller shall not be liable for non-performance or delay in the performance of its obligations if caused by force majeure circumstances, including decisions of public authorities, extraordinary disruptions in the operation of financial markets, natural disasters, war, strikes, interruptions of communications or energy supply, and other circumstances which the Seller could not reasonably foresee or prevent.

22. Final Provisions

22.1. Use of the Online Store and placement of an order constitutes acceptance of these Terms.

22.2. If any provision of these Terms loses force or becomes inapplicable, this shall not affect the validity of the remaining provisions of the Terms.

22.3. The current version of these Terms shall be published in the Online Store, indicating the date of entry into force thereof.

23. Contact Information

AS “Money Express”

Registration No.: 40103317582

Registered office: Lāčplēša iela 88, Riga, LV-1003

Phone: +371 80 80 80 80

Email: info@moneyexpress.lv

Website: www.moneyexpress.lv