Supply of Service Terms

Terms and conditions of Supply of Service

Summary

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.

Definitions

For definitions see the main Terms and Conditions 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.

  • 19

    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.

  • 20

    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.

  • 21

    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.

  • 22

    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.

  • 23

    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.

  • 24

    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.

  • 25

    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, we will either replace the card or refund the purchase. Prior to receiving a refund or a replacement, you must return the purchase to us through 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 sales@cardyard.co.uk. Please keep a copy of the time stamp and submission for your records. 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 shop.

  • 26

    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.

  • 27

    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.

  • 28

    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 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.

  • 29

    Sell and Exchange: Payment for your items three weeks from validation or when they sell. We guarantee to pay you the promised amount for your gift card within three weeks of validating or selling the same. We must be in possession of the gift card before we begin the validation process, and receipt of your gift card does not constitute commencement of validation.

    We distinguish between 'secured' and 'unsecured' gift cards.

    • Secured card: Physical cards where the PIN is hidden beneath a scratch-off panel. We pay for these cards irrespective of whether we have sold them or not, subject to validation and payment period specified above.
    • Unsecured card: These incorporate e-gifts, physical cards where the PIN/security/redeem code has been revealed, and cards where validation happens at point of sale which includes Amazon, iTunes and more - the full list is shown in the first FAQ at https://www.cardyard.co.uk/how_it_works#payout-timescale Unsecured cards require a quarantine period of three weeks which begins when we sell the card to a buyer.

    We may offer to provide payment sooner than three weeks on a best endeavour basis.

    We withhold our right to delay payment if we have reason to believe a gift card has been acquired fraudulently.

  • 30

    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 £300 in addition to the cost of the initial payment to you for the gift card. This additional £300 cost will be incurred as soon as the court hearing is scheduled. Regardless of whether the court hearing takes place or not, you will re-imburse us £300, 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.

  • 31

    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 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.

  • 32

    Sell and Exchange - misrepresentation and acting fraudulently. Should we determine at any time that the gift card(s) sold 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 use or the use of an affiliated party, or due to an expiration date/merchant inactivity fees which occur earlier than the expiry date you stated, unless impacted by a change in merchant/issuer terms & conditions subsequent to the transaction, then we will require repayment of all monies paid to you as described in clause 30.

  • 33

    Sell and Exchange - cancelling a sell order. You can cancel a sell order at any time by contacting support with the sell order number. 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 charge of £5 will have to be paid by you.

  • 34

    Sell and Exchange - payment to you prior to your cards being purchased. Any payment made to you for your gift card prior to a purchaser paying for them is an advance in the form of a loan. If you are under the age of 18 then your parent or legal guardian is automatically responsible for the loan. If the balance of the gift card changes before it is purchased by a buyer, the loan is automatically cancelled and you must repay the money you were paid. Failure to immediately repay the loan will trigger clause 30 and may result in additional legal fees.

  • 35

    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.

  • 36

    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.

  • 37

    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.

  • 38

    Sell and Exchange - length of agreement. These terms are binding until the promised amount of money on the gift cards provided by you are released by the buyer, 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 released 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.

  • 39

    Sell and Exchange - minors. If you are too young to be bound by any clause in this agreement, your parent or legal guardian are automatically legally bound by these terms on your behalf.

  • 40

    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.

  • 41

    Promotional and Expiration Date. We do not accept gift cards that are promotional, have any restrictions, or have an expiration date within 3 months.

Version 3.0, June 2019