By using this site you are agreeing to comply with and be bound by the clauses detailed here. If you do not agree, you must not use the website in any way and must not browse, read, or interact with the webiste. By using the website you are agreeing to the clauses on this webpage and on the "Use of Website Terms" webpage.
"Supply of Service Terms" shall mean the clauses and details in this webpage/document and relate to Terms and Conditions of the Supply of Service
Clauses
1
Clauses 1-18 relate to "Use of Website Terms" and should be read in conjunction with the clauses on this webpage as all clauses together constitute the whole agreement between us.
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Acceptance of Terms and Conditions of Supply of Service. By using the site you agree to the terms and conditions outlined in the clauses and detail on this webpage. This Agreement combined with the "Use of Website Terms" constitutes the entire and only agreement between us and you, and supersedes all prior agreements with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site. Additionally, completing a purchase on our site or sending a gift card to us, indicates that you have read and accepted these terms and conditions inclusive of Clause 1 to 34.
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Payments. You represent and warrant that if you are purchasing something from us or from our Agents that (i) any credit card information you supply is true, correct and complete, (ii) charges incurred by you will be honoured by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any delivery fees and applicable taxes.
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Cardyard Account. The balance in your Cardyard Account is guaranteed by us, but is not covered by the FCA or any other regulator. You can spend your Cardyard Account balance at any time by buying a gift card. If you decide to close your Cardyard Account, you should first clear any funds in your Cardyard Account by purchasing gift cards. Alternatively, when you close your account you can donate the balance in your Cardyard Account to charity provided you make clear instruction to do so.
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Billing and Delivery Errors. We reserve the right to cancel an order partially or completely for items that are out of stock or for items that were omitted by our dispatcher. If an item was omitted, we will consider re-sending the missing item at no cost to the buyer. Re-sending the item is at our sole discretion. If we do not dispatch the omitted item, we will refund the buyer for that portion of the order within 72 hours. If we sent additional cards or a card of greater value, the buyer accepts responsibility to notify us of this error within 7 business days. We will provide a free postage label for the buyer to return the card. If the card is not returned, we reserve the right to charge/bill the buyer for the remaining balance.
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Cancellation and Return Policy You may cancel your purchase up to the point of dispatch. by using the "Cancel" button from the order within the My Accounts Buy History page. Once an item is being prepared for dispatch, it can no longer be cancelled. If you cancel before dispatch no money will be taken from your payment method, or if money was taken it will be refunded.
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Delivery Policy. We will deliver your order by royal mail 1st class, or by email. As an additional paid-for service, you can choose signed-for and special delivery at the checkout. Signed-for delivery ensures the letter is handed to somebody, and special delivery provides insurance and guaranteed next day delivery from dispatch. We endeavour to dispatch the same or next working day, and you will be informed by email if we were unable to send your item within this time. We reserve the right to dispatch the order up to seven business days from purchase. The free delivery option provides no tracking or insurance and we keep our own proof of postage records. If you did not pay for an additional tracked service we shall be absolved of all liability for delivery once we have dispatched the item, though of course we will do what we can if the order does not arrive. All tracked postal deliveries must be signed for. If you are not available to sign for your order it will be returned to the royal mail delivery depot and you must arrange for re-delivery or collection. For tracked orders, we will provide a tracking number as proof that the order has been dispatched. No further proof is required. The tracking number will show when the item has been delivered. Once the tracking information declares the package to be delivered we shall be absolved from all claims of non receipt even if postal insurance has been selected. We bare no responsibility for delivery unless you selected and paid for insurance at the point of purchase.
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Goods Not As Described 42 Day Return Policy. If a gift card turns out to be a fraudulent card and is cancelled by the shop or if there is any other balance discrepancy, you must contact us within 42 days of the purchase. We will then investigate the matter. If we determine that the balance discrepancy was not a result of your use of the card, or your behaviour or interpretation of your behaviour by the retailer (for example the retailer closes your account due to your bevaviour), then we will either replace the card or refund the purchase. If the seller does not dispute your claim we aim to resolve it within 5 working days. However, if a seller disputes your claim, it can take up to 4 weeks to resolve, and any claim you make during this period will not be accepted. We will not refund the gift card if any of the following occurs...
Compromised data in your care: Should any of your associates including family, friends, colleagues, suppliers or casual acquaintances get access to the giift card; or, any person gets access to your email or any of your online accounts or devices and is able to access the gift card, we will not refund your purchase.
Retailer closes your account or revokes the gift card for any reason other than the fraudulent purchase of the gift card by the original purchaser: We have no control over your use of the gift card, and if the retailer determines its use to be in contravention of their polices and Ts&Cs we cannot be held responsible.
Consequential loss: Any loss you endure after using or attempting to use a gift card purchased from Cardyard cannot be attributed to us.
Prior to receiving a refund or a replacement, if you have been sent an electronic gift card (egift) you must delete any record of the redeem codes associated to that gift card. Any physical gift card must be returned to us using the royal mail signed for service. We will only honour returns that fall into this category for claims made within 42 days of the purchase. The claim must be emailed to support@cardyard.co.uk. Please keep a note of the time stamp and submission for your records. For physical cards we will include your cost of postage in the refund or replacement. After 42 days, we shall not be responsible for any balance discrepancy or cards cancelled by a retailer, and any claim made after 42 days will be immediately voided irrespective of the details of the claim.
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Right To Refuse An Order. We reserve the right to refuse any order placed. Additionally, if there was a mistake in the price of an order or coupon applied, we reserve the right to notify you to pay the difference or cancel the order. We reserve the right to cancel the order at any time.
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Proper Law and Jurisdiction. This agreement shall be governed and construed in accordance with the laws of England and Wales. In the event of a dispute arising which the parties are unable to settle amicably they agree to submit to the non-exclusive jurisdiction of the English courts.
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Sell and Exchange. The following terms apply to you when you use the Sell section of the site to sell your gift card for cash or for an exchange value.
We purchase the gift card from you. We take ownership of your gift card and the title of the gift card transfers to us before it moves to the eventual purchaser.
By sending us your gift cards you are accepting the terms and conditions on this website, which includes transferring the title of the gift card to us before you receive money for it.
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Sell and Exchange: Payment for your items three weeks from when we sell them to a buyer. We guarantee to pay you the promised amount for your gift card within three weeks of selling the same. We must be in possession of the gift card before we begin the validation process which leads to the card going on sale, and receipt of your gift card does not constitute commencement of validation. We call the period between selling the card to a buyer, and paying the seller for the card, the quarantine period. We are unable to shorten the quarantine period for any reason. We withhold our right to delay payment indefinitely if we have reason to believe a gift card has been acquired fraudulently, or we believe the buyer could have difficulty redeeming the card. If you are selling us a number of cards, and it transpires one of those cards is invalid, we will withhold all payments to you for three weeks from the date we find out that card is invalid.
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Sell and Exchange - reclaiming money from you. When you transact and sell your gift card(s) on our website, you agree that as a condition to receiving payment you consent to authorise us to withdraw or charge-back your method of payment should we determine at any later time that a repayment is due. If you supplied us with a credit card number, you authorise us to charge the applicable amount to the card. If you were paid through PayPal or bank account, you authorise us to reverse the payment and reclaim the money from your PayPal or bank account. If you supplied us with other gift cards, you authorise us to use any proceeds from the sale of those gift cards to pay down the money you owe. If we are not successful in charging back the method of payment, or charging your credit card, or using proceeds from other gift cards, you are personally responsible to issue a full refund to us. If no refund is issued, we reserve the right to collect reimbursement with any other methods sanctioned by the law. If legal actions are required to collect reimbursement, you will be responsible to additionally reimburse us for any legal fees incurred. You accept and agree to repay us an additional £50 for the first letter of claim that is sent to you, and an additional £30 for each subsequent letter that requests repayment. You accept these costs cover our legal costs. If you do not respond to such letters or fail to make full repayment including the aggregate amount of our legal fees, then we will engage the county court. Should a court hearing be scheduled you agree our costs will be in excess of £350 in addition to the cost of the initial payment to you for the gift card. This additional £350 cost will be incurred as soon as the issue is referred to the county court. Regardless of whether the court hearing takes place or not, you will re-imburse us £350, plus the amount you received from us for the gift card, and any additional costs we incur to recover the monies from you, including cost of bailiffs and any other party we engage for the purpose of debt recovery.
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Sell and Exchange - transferability and accurate listing of cards. You are responsible for ensuring cards sent to us are fully transferrable, and accurately listed on our website; you must choose the correct retailer and card type, the retailer must recognise them as valid, they must contain the balance promised and expire at the date you state. If we discover any inaccuracies, we will endeavour to adjust the details which may result in a different sale price being owed to you. If you are submitting gift cards electronically, you must provide the original URL, email, or photo of the physical card. If inaccuracies lead to the card being rejected by us, and the card is a physical card, we will not return the card but we will inform you of the card number so you can contact the retailer. On request, we will return the card, but a fee of £5 will be charged, or you can send a stamped address envelope marked with the sell order number and we will return the invalid card, provided the address matches the registered address on your account.
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Sell and Exchange - misrepresentation and acting fraudulently. You are responsible for ensuring the value of the gift card you supplied to us, and take responsibility for everybody involved in supplying the card to you, and any person with whom you deal, should they spend any amount from the card, or cause the value to reduce. Should we determine at any time that the gift card(s) supplied were acquired fraudulently or whose balance has changed from the time the original transaction has taken place and we determine this balance depletion to be a result of your actions or the actions of an affiliated party or someone who ultimately gained access to the gift card through your actions or negligence or within the supply chain to you, or due to inaccuracies described in clause 31, or due to an expiration date/merchant inactivity fees which occur earlier than the expiry date you stated, then we will require repayment of all monies paid to you as described in clause 30.
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Sell and Exchange - buyers ability to redeem and benefit from the gift card. The buyer must be able to redeem and benefit from the gift card you have sold to us. If the buyer is unable to redeem and/or spend the gift card due to difficulties imposed by the retailer, or for any other reason which makes the card impractical for future resale on the Cardyard website, then we will require repayment of all monies paid to you as described in clause 30. A decision by us to identify a card as impractical for resale is final.
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Sell and Exchange - cancelling a sell order. You can request cancellation of a sell order from sell history on your account page at any time. A request to cancel a sell order will be granted provided the gift card has not been sold to a buyer. Physical cards will be returned free of charge if they have been on sale for over 1 month, otherwise a fee of £5 will have to be paid by you.
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Sell and Exchange - your accountability and guarantee of the value of the gift card. When you sell us a gift card, you guarantee the value of the gift card, and if there is any loss of value that causes loss to us or the purchaser of the gift card, you must pay back any moneys paid to you. In order for you to provide this warranty, we may need to carry out background checks. As a part of carrying out these checks, you must supply your bank account details, and payment for the gift card must be made into the same bank account. If you are under 18, pursuant to clause 40, your parent or legal guardian is automatically bound by these clauses and can provide documentation to satisfy the background check requirement. Should a circumstance arise where a loss of value has occurred, and you fail to immediately repay moneys paid to you, clause 30 will be triggered and may result in additional legal fees.
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Sell and Exchange - over-payment to you. If we over-pay you by transferring funds to your account of a greater amount than you are owed, for whatever reason, you must repay the overpayment to us. Failure to repay an overpayment will trigger clause 30 and may result in additional legal fees.
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Sell and Exchange - purchase of your cards prior to payment to you. Any payment made to us for your gift cards will trigger a payment to you, but there may be a delay due to the need to allow the purchaser to redeem the cards prior to settlement. Cardyard is not authorised to make any interest payments for monies held on your behalf.
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Sell and Exchange - markup and VAT. The difference between the payment made to you as the seller, and the money we receive from the purchaser, is our markup, and this revenue covers our operating costs and enables investment to improve our services. We do not provide any information on the markup for individual transactions directly to the seller. Gift cards sold on Cardyard are exempt from VAT at point of sale on this website.
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Sell and Exchange - length of agreement. These terms are binding until the promised amount of money on the gift cards provided by you are redeemed by the buyer and the buyer has received full benefit from the redeemed funds, or the issuer cancels the gift card, and that cancellation date is after the date you specified notwithstanding clause 31. If the promised amount of money has not been redeemed and benefit received, and the card has not been cancelled by the issuer, these terms remain binding, regardless of the actual value of the gift cards, and regardless of the expiration date you specified.
40
Sell and Exchange - minors. If you are under 18 and consequently too young to be bound by certain clauses in this agreement, your parent or legal guardian are automatically legally bound by these terms on your behalf.
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Sell and Exchange - UK resident. By sending us a gift card you declare you are resident in the United Kingdom (UK) and have a billing address in the UK which you have declared to us. Sale of gift cards on Cardyard are subject to the laws of the UK and you abide by and are bound by these laws. If you are not located in the UK, you must appoint an agent who is located and bound by the laws of the UK, and this agent must be registered as the user on Cardyard and is identified as the seller.
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Promotional and Expiration Date. We do not accept gift cards that are promotional, have any restrictions, or have an expiration date within 3 months.
