Terms and conditions of sale

1. Who are we?

CHANGE MIRAMAR SARL Registered office: 57 Bd La Croisette 06400 CANNES Registered in the Cannes Trade and Companies Register (RCS) under number 404 706 095 The purpose of the Site is the sale of foreign currency, gold, precious metals and numismatic items.

2. Acceptance of the Terms

The purpose of these General Terms and Conditions of Sale (Conditions Générales de Vente, hereinafter the ‘Terms’) is to define exclusively the conditions for the sale of foreign currency and of precious metals such as gold, silver and numismatic items on the Site to the customers and users of this Site (hereinafter the ‘customer’).

Prior to any transaction, the customer expressly acknowledges having read these Terms and the various documents to which they refer, and accepts them without reservation, as soon as they click on the box ‘I accept the general terms and conditions of sale’.

By clicking on this box, the customer acknowledges that they have the legal capacity to enter into such an agreement or that they have the authorisation of the person empowered to give it.

These general terms and conditions of sale, the legal notice and the specific conditions applicable to each category of service form an indivisible whole to which the customer is bound as soon as they browse the site, which they expressly acknowledge.

3. INFORMATION ON THE SALE OF GOLD

3.1 General provisions

The Customer acknowledges and declares being aware that all activities involving the purchase and sale of precious metals and numismatic items are subject to specific regulations which they must comply with (French regulatory texts relating to gold, taxes, customs transactions and electronic transactions).

3.2 Availability of supply

The customer is informed that, given the fluctuations of the precious metals market, CHANGE MIRAMAR cannot guarantee the supply of products or their availability online and may have to modify certain information given regarding product availability.

3.3 Taxation

The Customer is informed that the holding and resale of precious metals may be subject to taxes and duties, present or future, for the payment of which they alone are responsible. The prices displayed on the Site are inclusive of all taxes: they include, where applicable, the applicable VAT (see Article 7.2).

3.4 The flat-rate tax on precious metals

The Customer is informed that transfers for consideration (cessions à titre onéreux) include in particular sales, that is to say any transaction, including transfers at public auction or by private agreement between individuals.

They also include exchanges and contributions, which must be regarded as cross-sales. Transfers without consideration (gifts, inheritance) are not subject to the flat-rate tax. Transfers carried out in France or in another Member State of the European Union are taxable.

A transfer is deemed to take place in the State in which the item is physically located on the day of the transfer. It follows in particular that the transfer, by an individual whose tax domicile is in France, of an item that has always been located in a State outside the European Union is not subject to the flat-rate tax. The flat-rate tax is therefore not payable by the customer on a purchase made on the Site: it applies, where applicable, on the subsequent resale of the precious metals by the customer.

4. Information on buying foreign currency

CHANGE MIRAMAR provides a foreign currency ordering service via its website change-or-argent.com.

Specific conditions apply to this service.

4.1 Use of this service

The Service is reserved for persons aged 18 or over who hold a bank account in their own name, from which payment is made by bank transfer.

The Service may only be used to order foreign currency for your travels and not for speculative, investment or other purposes.

By placing an order on the Website, you confirm that you have read, understood and accept these General Terms and Conditions of Sale and that you wish to comply with the applicable laws and regulations.

The Service is only available for the currencies shown on the online order screen at the time of ordering. All orders must reach the minimum amount indicated on the Site at the time of ordering (50 € at present).

The availability of currencies may also be subject to other restrictions, which CHANGE MIRAMAR will apply without notice. In any event, customers must always comply with all applicable laws and regulations, including those relating to combating money laundering.

4.2 How to place an order

The availability time for each currency is shown on the Site at the time of ordering: some currencies are available immediately, others after a preparation period of up to seven working days. This period runs from receipt of your bank transfer. CHANGE MIRAMAR reserves the right to change these periods without notice; the period applicable to your order is the one displayed at the time you confirm it.

To place an order, follow the instructions displayed on your screen. Once you are on the order screen, you must confirm your order within the price guarantee period shown on screen (15 minutes at present); after this period, the rate is recalculated at the current market rate and shown to you before any confirmation.

You can correct any errors in your order until you have clicked on ‘Confirm order’ on the screen summarising the details of your order.

Payment is made by bank transfer, from an account in your name, after confirmation of your order. Our commercial offer stating the exchange rate appears on the order screen at the time you place your order.

For any order placed on the Site (currency, gold or silver), the price and the rate validated at the time your order is confirmed are final: they are not recalculated on receipt of your bank transfer, whenever it reaches us.

You must provide the information requested to enable us to process your order. We reserve the right to ask you at any time for additional information to enable us to process your order and/or to comply with regulatory requirements. We use various procedures to authenticate each transaction and may, at any time before the currency is handed over, refuse to process all or part of your order, in particular in the event of non-compliance with these General Terms and Conditions of Sale.

By placing an order, you confirm that the information it contains is correct in every respect. At the end of your order, the system will display a confirmation screen showing the details of your order. This serves as an acknowledgement of receipt of your order. A contract between you and us is concluded only when we confirm to you that your order has been registered; the order becomes firm only on receipt of your bank transfer.

The order constitutes an offer by the customer to purchase the Service. The order will be deemed accepted, and the contract between the parties formed, only upon confirmation to the customer that their order has been registered; the order becomes firm only on receipt of their bank transfer.

Please print or save a copy of the confirmation screen and print or save the confirmation email in a safe place, as it will be the sole proof of your transaction.

You will be informed if an item is unavailable and will then be refunded the sums already paid within 14 (fourteen) days.

4.3 Fees

CHANGE MIRAMAR does not charge any commission, with the exception of a margin on the applicable exchange rate.

The total amount you must pay appears on the order screen. Payment is made exclusively by bank transfer, from an account in your name, quoting the order number as the reference. No payment by bank card or in cash is accepted for orders placed on the Site.

Your bank may charge transfer fees, which remain payable by you.

4.4 Collecting your order from one of our branches

Funds are handed over during the opening hours of the chosen branch. The opening hours of this branch will be given to you when you order and are shown on the Website.

You acknowledge that collecting your order may involve a processing time, related in particular to the verification of your identity documents and of the intended transaction.

Please note that, to collect the funds, you will need to present the identity document provided when ordering. The funds may only be collected by the person whose name appears in the confirmation email sent by CHANGE MIRAMAR following the order. The person collecting the funds must present one of the following identity documents: a valid passport, a valid national identity card issued by a State of the European Union or of the European Economic Area, or a valid residence permit in France (titre de séjour).

The surname and first name of the holder of the bank account from which the transfer was made must match the surname and first name shown on the identity document(s) provided when ordering and presented when collecting the funds.

To enable CHANGE MIRAMAR to comply with the legal provisions applicable to combating money laundering and with the other applicable legal obligations, as well as with its internal risk and fraud policies, a copy of your identity document (national identity card, front and back, or passport) and proof of address dated within the last three months are requested from you during the order, whatever its amount. Other information or supporting documents may be requested from you; CHANGE MIRAMAR keeps a copy of them for the period provided for by law.

4.5 Cancelling your order

In accordance with Article L. 221-28 of the Consumer Code (Code de la consommation), the right of withdrawal does not apply to orders placed on the Site, since the price of the products offered for sale depends on fluctuations in the financial market which are beyond the control of CHANGE MIRAMAR and which may occur during the withdrawal period.

No order cancellation will be accepted once payment has been made.

4.6 Uncollected orders

If you do not collect your order from the chosen CHANGE MIRAMAR branch within 72 hours of the notice (text message or email) informing you that your order is ready, your order will be treated as ‘uncollected’.

• If your order is deemed ‘Uncollected’ within 14 days of your order, we will refund you the amount in euros corresponding to the amount of your order.
• If your order is deemed ‘Uncollected’ more than 14 days after your order, CHANGE MIRAMAR reserves the right to charge a handling fee of 50€ per order.

5. CUSTOMER IDENTIFICATION

Browsing the Site is unrestricted. No customer account is required to place an order.

For each order of currency, precious metals or numismatic items, the Customer provides their identity, email address and telephone number, and attaches the requested supporting documents. Order tracking is accessible with the order number and the email address used.

The Customer is informed of the need to provide a valid email address in order to receive confirmation of their order and the tracking link.

The Customer is responsible for the accuracy of the information they provide, for the use they make of the Site and for the confidentiality of their order tracking link.

Any order placed using their contact details and supporting documents will be deemed to have been placed by the Customer themselves.

In the event of misuse or unauthorised use of their contact details or of their order tracking link by a third party, CHANGE MIRAMAR shall under no circumstances be held liable, and the Customer must immediately inform CHANGE MIRAMAR of the situation by email to contact@change-or-argent.com and by post to the following address: CHANGE MIRAMAR, 57 Bd de La Croisette, 06400 CANNES.

In accordance with Article 12 of these Terms and with the Privacy Policy, the Customer has a right of access, modification, rectification and deletion of the data concerning them.

6. PURCHASING PROCEDURE ON THE SITE

For each purchase on the Site, the Customer must follow the procedure below:

• build their basket or currency booking, then read the list of supporting documents to be provided and the price guarantee period;
• provide their identity and contact details, and attach a copy of their identity document and proof of address dated within the last three months;
• choose the handover method offered;
• validate their order after checking it;
• confirm their order;
• make payment by bank transfer, under the conditions provided for.

Confirmation of the order entails acceptance of these Terms, acknowledgement of full knowledge of them and waiver of any right to rely on the Customer's own conditions of purchase or on any other conditions.

All the data provided and the recorded confirmation shall constitute proof of the transaction. The confirmation shall constitute signature and acceptance of the transactions carried out.

CHANGE MIRAMAR will send confirmation of the registered order by email.

7. PRODUCT PRICES

7.1 Breakdown of the product price

The amount paid by the customer to acquire the products is made up of the price of the product in euros, determined according to market fluctuations, together with CHANGE MIRAMAR's premium specific to each product, as indicated on the Site.

All orders are payable in euros only. Subject to the warranty provided for in Article 15, a product cannot be refunded, even in the event of loss or theft, nor taken back or exchanged. CHANGE MIRAMAR shall under no circumstances be held liable for pricing errors on products subject to stock market fluctuations which may result from the Internet network.

In case of doubt, reference shall be made, prior to validation of the order and by mutual written agreement between the buyer and CHANGE MIRAMAR, to the rate of the day certified by the stock market and financial authorities.

CHANGE MIRAMAR reserves the right to change its prices at any time, it being understood, however, that the price shown in the catalogue on the day of the order shall be the only price applicable to the buyer.

The prices shown include order handling fees but do not include transport and delivery costs.

7.2 Taxes on precious metals

VAT exemption: pursuant to Article 298 sexdecies A of the General Tax Code (Code général des impôts), supplies of investment gold are exempt from value added tax (VAT). Silver products do not benefit from this exemption: their displayed price includes VAT at the rate in force.

Investment gold within the meaning of this article includes in particular: gold in the form of bars or wafers of a weight accepted by the gold markets, of a purity equal to or greater than 995 thousandths; coins of a purity equal to or greater than 900 thousandths, minted after 1800, which are or have been legal tender in their country of origin and are normally sold at a price which does not exceed by more than 80 % the open-market value of the gold they contain.

In this connection, the Customer will receive a detailed invoice for their transactions in investment precious metals (gold coins, etc.) stating, for these coins, their name, their gold weight and the price of fine gold on the open market on the day of delivery. (Article 98 B of the General Tax Code, Appendix 3, – Decree No. 2000-490 of 2 June 2000 (Décret n°2000-490 du 2 juin 2000) – art. 1, JORF (Official Journal of the French Republic) of 6 June 2000).

8. AVAILABILITY AND PRESENTATION OF PRODUCTS

8.1 Product availability

During the purchase validation stage on the Site, the customer is informed of the availability of the products covered by their booking.

In the event that products are out of stock or unavailable, either in the quantity or in the category requested, CHANGE MIRAMAR will inform the customer immediately, who may, subject to available stock, purchase other products in another category.

A summary of the products thus offered appears in the order summary displayed on screen.

However, given the high demand for precious metal products and market fluctuations, any payment by bank transfer must be subject to verification of the availability of funds. Under these conditions, CHANGE MIRAMAR cannot guarantee the availability of the products between the date on which they are ordered on the Site and the verification of the funds under these payment methods allowing their delivery to the Customer.

8.2 Presentation of products

All information and photographs illustrating the products offered are provided purely for illustrative purposes and do not form part of the contract.

PAYMENT The price is payable on ordering. To purchase products on the Website, CHANGE MIRAMAR offers a single payment method: bank transfer, from an account in the Customer's name.

• After the order is confirmed, CHANGE MIRAMAR's bank details and the reference to be quoted are displayed. The order will only be taken into account after receipt of the transfer. Acceptance of the order remains subject to the goods still being available during the payment acceptance period. The order validated by the customer will only be considered effective by CHANGE MIRAMAR once the transfer has been duly received and cleared.

In addition, CHANGE MIRAMAR reserves the right to refuse any order from a customer with whom a dispute exists.

9. ORDER CONFIRMATION AND VALIDATION

The customer's order for products is only definitively confirmed and binding on CHANGE MIRAMAR upon receipt of an email, sent to the same email address as the one provided by the customer when validating their order, confirming that the order for products has been validated.

The customer is strongly advised to check their email and to make sure that this validation email has not been filtered as spam. Unless proven otherwise, the data recorded by CHANGE MIRAMAR during this order constitute proof of all transactions entered into by CHANGE MIRAMAR and its customers.

10. DELIVERY

Deliveries are made to the address given in the order form completed by the Customer when validating their purchase. Risks pass to the buyer from the moment the products leave the premises of Change Miramar.

In the event of damage during transport, a reasoned complaint must be made to the carrier within three days of delivery. Delivery times are given for information only; if they exceed thirty days from the order, the sales contract may be terminated and the buyer refunded.

If several products are purchased, the product with the longest delivery time shall be taken into account for the delivery of the entire order.

11. EXCLUSION OF THE RIGHT OF WITHDRAWAL

It is, however, expressly reiterated that, under Article L. 221-28, 2°, of the Consumer Code, the customer may not exercise their right of withdrawal in respect of goods and services whose price depends on fluctuations in financial market rates.

These will therefore not be refunded, such sales and services being in any event identified as such to customers, before the sale is concluded, in the description of the offer.

12. DATA PROTECTION (INFORMATIQUE ET LIBERTÉS) - PERSONAL DATA

We advise the customer to read our Privacy Policy concerning the collection and processing by CHANGE MIRAMAR of the personal data transmitted to it on the Site.

Connection data and data relating to your browsing on the Site are collected automatically and relate only to the origin of connections, the IP address, the browser version and the pages of the Site viewed. CHANGE MIRAMAR never collects an email address without its owner having first provided it.

CHANGE MIRAMAR reserves the right to send the customer commercial offers concerning products and services likely to be of interest to them, in particular via the newsletter or any other email.

At any time on receiving these commercial offers, the customer may ask to stop receiving such emails by clicking on the message accompanying the email or by contacting Customer Service at contact@change-or-argent.com. At any time, the customer may make contact by email or via Customer Service to ask that any communication of their personal data to third parties cease.

In accordance with Regulation (EU) 2016/679 of 27 April 2016 (GDPR) and the amended French Data Protection Act No. 78-17 of 6 January 1978 (loi n° 78-17 du 6 janvier 1978 modifiée dite « Informatique et Libertés »), the customer has a right of access, rectification, erasure, restriction and objection concerning their personal data, which they may exercise at contact@change-or-argent.com. They may also lodge a complaint with the French data protection authority, the Commission nationale de l'informatique et des libertés (CNIL, www.cnil.fr).

13. CORRESPONDENCE - PROOF

Unless otherwise specifically provided in these Terms, correspondence between the parties is exchanged by email via the Site.

Pursuant to Articles 1366 et seq. of the Civil Code (Code civil) and, where applicable, Article L.110-3 of the Commercial Code (Code de commerce), the parties declare that information delivered by email shall be authoritative between the parties until a written document, authenticated by both parties and signed, calling this computerised information into question is produced.

Elements such as the time of receipt or sending, as well as the quality of the data received, shall be authoritative in priority as recorded in CHANGE MIRAMAR's information systems or as authenticated by CHANGE MIRAMAR's computerised procedures, unless written evidence to the contrary is provided by the Customer and/or CHANGE MIRAMAR.

14. INTELLECTUAL PROPERTY

CHANGE MIRAMAR holds all copyright in the content of its Site and in the software developed for this purpose, as well as in its trademarks, logos, domain names and all related distinctive signs.

CHANGE MIRAMAR holds all intellectual property and commercial exploitation rights in these elements.

Pursuant to the provisions of the Intellectual Property Code (Code de la propriété intellectuelle) and international treaties, any reproduction, extraction, distribution, disclosure, representation, translation, dissemination, adaptation, modification and transcription, in whole or in part, on any medium and by any process whatsoever, for any use other than private use, is prohibited without the prior and express authorisation of CHANGE MIRAMAR.

Any breach of this article constitutes the offence of infringement (délit de contrefaçon) and as such engages both the civil and the criminal liability of its perpetrator.

15. WARRANTY

All products supplied by the seller benefit from the legal warranty provided for by Articles 1641 et seq. of the Civil Code.

If a product sold does not conform, it may be returned to the seller, who will take it back, exchange it or refund it.

All complaints and exchange requests must be substantiated and made by post to the following address: Change Miramar, 57 Bd de La Croisette, 06400 Cannes, France within thirty days of the day of delivery.

The services offered by CHANGE MIRAMAR on the Site are provided as is and subject to availability.

CHANGE MIRAMAR does not guarantee error-free, secure provision of the services offered via the Site without occasional interruption.

CHANGE MIRAMAR cannot be held liable, on any grounds whatsoever, for malfunctions of the Site, significant variations in gold prices, monetary policies, bank failure, liquidity risk or insurance exclusion clauses.

It is not bound by any obligation to provide personalised assistance, in particular technical assistance.

It disclaims any express or implied warranty, in particular concerning the quality of the Site and its compatibility with the use Customers will make of it.

It does not guarantee any result or profit from the use that will be made of the services offered through the Site.

Nor does it guarantee that files transmitted by Customers cannot be subject to intrusions by unauthorised third parties, or be corrupted or downloaded, or that information and data circulating on the Internet are protected against such attacks or any misappropriation.

16. After-sales service

CHANGE MIRAMAR undertakes to respond as quickly as possible to any order or complaint it receives.

The after-sales service can be reached by telephone on 04 93 94 45 20 from Monday to Friday at CHANGE MIRAMAR's head office, or by email sent to contact@change-or-argent.com.

MEDIATION In accordance with Articles L.611-1 et seq. of the French Consumer Code, in the event of a dispute, the consumer customer may refer the matter free of charge to the consumer mediator designated by CHANGE MIRAMAR: CM2C (Centre de la Médiation de la Consommation de Conciliateurs de Justice), 49 rue de Ponthieu, 75008 Paris, 01 89 47 00 14, www.cm2c.net. The customer must first have sent a written complaint to CHANGE MIRAMAR (by email to contact@change-or-argent.com or by post). The mediator may be contacted if this complaint has not been resolved, no later than one year after it was sent, directly on the mediator's website or by post.

17. FORCE MAJEURE

17.1

Any event beyond the control of CHANGE MIRAMAR and against which it could not reasonably have protected itself constitutes a case of force majeure and as such suspends the obligations of the parties, for example, without this list being exhaustive: a strike or technical failure (EDF, Enedis, telecommunications operators, Internet access or hosting providers, registrars, etc.), an interruption in the energy supply (such as electricity), or a failure of the electronic communications network on which CHANGE MIRAMAR depends and/or of any networks that may replace it.

17.2

CHANGE MIRAMAR cannot be held liable, or be deemed to have breached its obligations under these Terms, for any non-performance related to a case of force majeure as defined by French law and case law, provided that it notifies the other party, on the one hand, and that it does its best to minimise the damage and to perform its obligations as quickly as possible after the force majeure event has ceased, on the other.

18. UPDATING OF THE TERMS

These Terms may be amended at any time on the initiative of CHANGE MIRAMAR. Any amendment to these Terms and to the documents referred to therein will be communicated to the customer when they first use the Site after the amendment.

19. ENTIRE AGREEMENT

The provisions of these Terms express the entire agreement concluded between the customers and CHANGE MIRAMAR. They prevail over any proposal or exchange of letters prior or subsequent to the conclusion hereof, as well as over any other provision contained in the documents exchanged between the parties relating to the subject matter of the Terms, unless an amendment is duly signed by the representatives of both parties.

20. INVALIDITY

If one or more provisions of these Terms are held to be invalid or declared as such pursuant to a law or a regulation or following a final decision of a competent court, the other provisions of these Terms shall retain their full force and scope.

Where applicable, CHANGE MIRAMAR undertakes to remove and replace the said clause immediately with a legally valid clause.

In the event of any difficulty of interpretation between the heading of any of the articles and any of the clauses, the headings shall be deemed not to have been written.

21. JURISDICTION

Any difficulty arising from the interpretation and/or performance hereof shall be submitted to the competent courts of Cannes, subject to the mandatory rules allowing the consumer customer to bring proceedings before the court of their place of domicile. These Terms are governed by French law.

22. Combating money laundering and terrorist financing

Banking regulations on preventing the use of the financial system for the purposes of money laundering and terrorist financing require financial institutions, including bureaux de change (changeurs manuels) such as CHANGE MIRAMAR, to verify the identity of their customers and, where applicable, of their agent(s) or of the beneficial owner of the business relationship.

Accordingly, before entering into a business relationship, and throughout the relationship, CHANGE MIRAMAR may ask you, for the purpose of assessing the risks of money laundering and terrorist financing and in accordance with the regulations in force, to provide it with information relating to knowledge of the customer and of the business relationship.

CHANGE MIRAMAR is required, in accordance with the applicable texts, to exercise constant vigilance over the business relationship and to carry out careful scrutiny of the transactions carried out by the customer, ensuring that they are consistent with its up-to-date knowledge of the customer. In this respect, in the event of transactions which appear to it to be inconsistent with its up-to-date knowledge of the customer, CHANGE MIRAMAR may have to make enquiries of the customer or, where applicable, of their agent, regarding the origin or destination of the funds, the purpose and nature of the transaction or the identity of the person benefiting from it.

The customer or, where applicable, their agent undertakes to provide CHANGE MIRAMAR with any information necessary for it to comply with these obligations. Failing this, CHANGE MIRAMAR reserves the right not to execute the transaction or to terminate the relationship.