Terms and Conditions.
These Terms and Conditions govern the supply of goods sold by FullClear (Uk) Ltd (Registered Scotland No. SC476853) of 29 Rutland Square, Edinburgh EH1 2BW, (“we”,”us” and “our”) to the customer (“you”) and constitute the entire and only agreement between us in relation thereto. All orders placed by you are on the basis of these Terms and Conditions and are subject to acceptance by us by delivery of the goods to you at which point a legally binding contract is constituted between us. The processing of your payment and acknowledgment of your order does not constitute legal acceptance of your order.
By placing an order through the website you confirm that: • You are older than 18 years of age, legally capable and authorised to enter into a contract • You accept all the terms of trading set out in this document.
Price & Payment.
The price payable for the goods you order is as set out on the agreement at the time you place your order plus any charges for VAT and delivery. The total price shown on the agreement is the price you will be charged. When paying for your goods by Paypal, your card details are encrypted for total security. FullClear (UK) Ltd utilises ‘PayPal’ online payment services for online secure transactions, at no time will any customer payment data be stored by FullClear (UK) Ltd. Occasionally an error may occur with our web site and goods may be incorrectly priced in which circumstances we will not be obliged to supply the goods at the incorrect price. We must receive payment for the whole of the price of the goods you order, and any applicable charges for delivery, before your order can be processed unless we have agreed otherwise in advance in writing.
Online Payment Terms – Paying by Direct Debit
Terms of GoCardless
GoCardless enables FullClear (UK) Ltd to let its customers pay securely by direct debit over the internet. GoCardless also allow customers to monitor the payments they make through GoCardless. This document sets out the terms between you and GoCardless, and applies to the account that you open with GoCardless for these purposes.
Your contract for goods and services is with FullClear (UK) Ltd. GoCardless is not involved in the actual supply of any goods and services from FullClear (UK) Ltd. If there is a difficulty with the goods or services FullClear (UK) Ltd is providing, or is going to provide, you must contact FullClear(UK) Ltd directly.
FullClear (UK) Ltd must initiate any refunds relating to the goods and services – cancelling a payment with GoCardless does not cancel your obligation to ensure FullClear (UK) Ltd is paid for any goods or services that have been provided to you.
Opening a GoCardless Account
When you sign up to GoCardless, you will need to provide GoCardless with certain information to create a GoCardless account and to set up a direct debit connection to your bank account. GoCardless will have to perform some identity checks on you before we can initiate a direct debit with you.
After you have signed up and your GoCardless account is active,GoCardless will provide you with a password which you will need to access your account and make payments to suppliers who use GoCardless. When you first sign up to GoCardless, it takes 2-4 working days to set up the direct debit mandate.
Your GoCardless “account” allows you to access information about your past, current and future payment transactions linked to your account at the moment. It is not a bank account and there will not be any cash held within your GoCardless account at any time as our role relates to the processing of payments. Credit, or any other form of overdraft or loan, will also not be available on your GoCardless account.
Processing payments through GoCardless
The time of receipt of your payment order will be when it is received by GoCardless. Where GoCardless receive your payment order after 4.30pm on a working day, it will be deemed to have been received on the next business day. GoCardless will then process the payment, by direct debit, for the amount that you have been asked to pay to FullClear (UK) Ltd for the relevant goods and services. Gocardles do not charge you a fee for processing payments through GoCardless. The amount FullClear (UK) Ltd has told you to pay is the amount which we will take from your bank account.
Once your GoCardless account and direct debit mandate have been set up (as set out under “Opening a GoCardless Account”, above), GoCardless will transmit each payment order that you make through your GoCardless account to enable the settlement of each direct debit to occur on the agreed due date. It usually takes a maximum of 2 working days to take money from your bank account. By providing your email address and password in relation to processing a particular payment, you consent to GoCardless processing the relevant payment through the GoCardless payment system (which can only be cancelled in the circumstances outlined in these terms and conditions under the heading Cancellation of a payment transaction). GoCardless may apply spending limits for any payment transactions that take place through your GoCardless account. GoCardless will notify you of any spending limits and any changes that GoCardless make to them.
Any payments that GoCardless process are ultimately governed by the terms and conditions issued by your bank relating to your relevant bank account. Like any other payments that you make, other than in the circumstances outlined in these terms and conditions you should contact the bank where your account is held if you have any questions relating to your bank account and any payments that are made through the GoCardless system.
Each time GoCardless take a payment, an entry for “GoCardless.com” will appear on your bank statement. You can log in to your account at any time on the GoCardless website to view a summary of the payments you have instructed GoCardless to make.
Security of your GoCardless Account
You must not disclose your account details to any other person (unless you have informed GoCardless in writing that you intend to disclose your account details to a particular person e.g. under a power of attorney) and must take reasonable steps to keep your account details safe and prevent fraudulent use of your account (and must ensure that any person to whom you disclose your account details takes the same reasonable steps).
Such precautions should include keeping your account related paperwork in a safe place, not writing down your email address and password and taking reasonable care to ensure that other people do not oversee or hear you using your personal account details. You must inform GoCardless without undue delay on becoming aware of the loss, theft, misappropriation or unauthorised use of your account details.
GoCardless are entitled to immediately suspend or withdraw your right to make payment transactions through your GoCardless account where GoCardless have reasonable grounds to believe that there may be a breach in the security of your account details, GoCardless suspect the unauthorised or fraudulent use of your account details or where GoCardless are required by law. Where GoCardless decide to take this action, GoCardless will write to you in advance informing you that GoCardless intend to do so and the reasons for our actions other than where this is not possible, in which case GoCardless will inform you at the earliest opportunity and in any event within the time that you would expect any payments that are made through GoCardless to be processed. GoCardless will not inform you where this would compromise our reasonable security measures or is otherwise unlawful. If the reasons for our actions then cease to exist, GoCardless will then either reinstate your access to your GoCardless account or issue you with new account details as soon as practicable.
Cancelling a payment transaction
You can cancel your instruction to make a payment up to 6pm of the working day two working days before the day agreed to take the payment from your bank account. You can cancel by logging in to your account, clicking “view details” and clicking the “cancel” link.
While you can ask GoCardless to cancel a payment, this may not automatically cancel your order with FullClear (UK) Ltd. If you wish to cancel an order with FullClear (UK) Ltd, or there is a problem with any of the goods or services you have ordered, please contact FullClear (UK) Ltd directly. GoCardless cannot initiate refunds for transactions that are processed through the GoCardless system.
Cancelling the direct debit mandate within the GoCardless Account
Payments that take place through GoCardless are made under the UK Direct Debit Scheme. Therefore, you can, of course, cancel your direct debit mandate held by GoCardless under the terms of the Direct Debit Guarantee stated above. However, you should be aware that doing so could have serious implications for you. If you do:
GoCardless will be unable to process any payments from you to anyone that you have committed to pay through GoCardless;
GoCardless will contact you to make sure you have not done it in mistake. If you have GoCardless will tell you what you need to do to set up a replacement mandate;
GoCardless will have to inform any suppliers to whom you have committed to make payment, and any partner which was enabling the payment that you have cancelled your payments; and
you may still be contractually bound to pay those suppliers to whom you have committed to make payment and they may be able to pursue you for their payment and for the cost of getting such payment from you;
If, under the direct debit guarantee scheme, you have claimed back any payments which had already been made to GoCardless which were not initiated as a result of fraud, you will owe GoCardless an amount equal to the money you have claimed back. GoCardless may pursue you for those sums and for the cost of getting them from you.
Cancelling your order with FullClear (UK) Ltd
GoCardless cannot initiate refunds for transactions that are processed through the GoCardless system. Please contact the relevant supplier if you want to cancel an order or seek a refund.
If you cancel your order with FullClear (UK) Ltd, FullClear (UK) Ltd will either (i) tell GoCardless not to take payment if GoCardless are not already processing the payment or (ii) arrange to refund you. If GoCardless are told by FullClear (UK) Ltd that an order has been cancelled, GoCardless will tell you and any partner which was enabling the payment that FullClear (UK) Ltd has cancelled your payments.
Unauthorised payment transactions
Upon becoming aware of any unauthorised or incorrectly executed payment transaction from your GoCardless account, you must notify GoCardless by email to help@GoCardless.com or by phone using the contact details provided on the GoCardless website.
In relation to unauthorised payment transactions, you must contact GoCardless without undue by email to help@GoCardless.com or by phone using the contact details provided on the GoCardless website and in any event no later than 13 months after the date of the relevant payment transaction from your account. Following any investigations that GoCardless may undertake, where you have notified GoCardless in the above circumstances GoCardless will immediately arrange for the refund of the amount of the unauthorised payment transaction to you and any related interest and charges. GoCardless will not be liable to make or arrange any further payments to you.
Where an unauthorised payment transaction is made using your GoCardless account you may be liable (up to a maximum of £50.00 unless you have acted fraudulently, have not used your GoCardless account in accordance with these terms and conditions either intentionally or otherwise through your fault, where you may be liable for greater sums) for any losses incurred as a result of:
unauthorised payment transactions arising from the use of your GoCardless account details when these have been lost or stolen; or
where you have failed to keep your GoCardless account details safe (outlined in these terms and conditions under Security of your GoCardless account).
However, except where you have acted fraudulently, you will not be liable for any losses incurred in respect of unauthorised payment transactions:
arising after you have notified GoCardless of the loss, theft, misuse, misappropriation or unauthorised use of your GoCardless account details;
where GoCardless have failed to provide you with the appropriate means to notify GoCardless (unless this is due to abnormal and unforeseen circumstances beyond our control or as a result of our compliance with European or national law); or
where your account details have been used in connection with certain types of distance contract.
In relation to incorrectly executed payment transactions, if you confirm to GoCardless that a payment from your account was incorrectly executed GoCardless will make immediate efforts to trace the payment transaction and notify you of the outcome. Where GoCardless are liable, GoCardless will (i) without undue delay refund the amount of the incorrectly executed transaction and restore the debited payment account to the state in which it would have been had the incorrectly executed payment transactions not taken place, or (ii) in the case of direct debit payment re-transmit the direct debit, unless in either case GoCardless can prove that the recipient’s payment service provider (e.g. the recipient’s banks) received the amount of the payment transaction, in which case the recipient’s payment service provider is liable to the recipient for the correct execution of the payment transaction.
GoCardless does not condone the use of its system for certain purposes, as set out on our Restricted Activities page from time to time. If you engage or attempt to engage in those activities using GoCardless, GoCardless reserve the right to suspend or withdraw all or some of our services to you.
Your account with GoCardless will remain open unless it is terminated by you or GoCardless. Unless there are exceptional circumstances, GoCardless may close your account after giving you at least two months notice in writing. You may close your account at any time by giving GoCardless notice by email to help@GoCardless.com. You will remain liable for all transactions or obligations which are incurred before and after termination of your account.
Should you have any concerns or complaints about the service GoCardless provide, please contact GoCardless in the first instance using any of the methods set out on the GoCardless website. GoCardless will work with you in order to understand your issue and work towards a swift resolution. More information about how GoCardless handle complaints is available on our website and can be provided to you on request.
If GoCardless are unable to resolve your issue to your satisfaction, you may be able to refer your complaint to the Financial Ombudsman Service. The Financial Ombudsman Service is a free and independent service which seeks to settle disputes between certain parties. You can find more information about the Financial Ombudsman Service on its website: http://www.financial-ombudsman.org.uk/.
Our relationship with you is governed by English law. For complaints that cannot be resolved between GoCardless, you may be able to bring a claim in the English courts or any other court in the country in which you are resident.
These terms and conditions are in English and all correspondence will be in English.
Any changes to these terms and conditions will be advised to you in writing, either to the email address or postal address that you have provided, no later than two months before the date on which they are to take effect. You will be deemed to accept these changes unless you notify GoCardless in writing before the changes are proposed to enter into force. In these circumstances you have the right to close your GoCardless account (without incurring any charges or other penalties).
If you have any queries or wish to discuss our services, please contact GoCardless in writing or by telephone as set out on the GoCardless website or by email at help@GoCardless.com.
GoCardless will contact you using the contact details you provided when you signed up to this service, or any updated details you have provided to GoCardless. It is your responsibility to update GoCardless with any new contact information, including any change in address. GoCardless will send any correspondence to the most recent email address or postal address that you have provided to GoCardless for your account and, therefore, you must advise GoCardless promptly of any change of your contact details in the interests of security (including name or address) and provide appropriate supporting evidence as required by GoCardless.
All pictures, illustrations and descriptions are for illustrative purposes only, and show or represent the product described as accurately as possible. However, where product illustrations are unavailable or unsuitable, we reserve the right to substitute an alternative product of a similar or better quality. The information is provided only as a guide. Full technical information is available for all products purchased upon request. All goods conform to manufacturers quality standards.
Delivery & Title.
We will deliver the goods in accordance with your order usually within the stated delivery time but normally not later than 3 working days. In the unlikely event that we do not make the goods available to you within 3 days of accepting your order you will have the option of cancelling your order by notifying us accordingly prior to delivery. Before placing your order, please refer to the delivery options set out in our website to ensure that we can deliver to your address on request. A valid signature will be required on collection or delivery. In the unlikely event that you have not received all the goods within the stated delivery time, you must notify us immediately. You must not schedule or commence any installation work until after you have received your order and checked all the goods for any defects or missing parts.
For reasons of health and safety and to avoid any property damage, ‘large bulk’ items can only be delivered to the exterior of a ground floor location at the delivery address. You must therefore make your own arrangements at your own risk if the relevant item needs to be transported from the delivery location.
You must do all that you reasonably can to enable delivery to take place at the given time and place. If you delay delivery, or delivery fails because you have not taken appropriate steps, we will try to arrange for an alternative delivery date within 3 days of the failed delivery. If delivery fails as a result of circumstances within your reasonable control, the cost of any re-delivery shall be borne by you. If we are unable to arrange a date for re-delivery we may cancel your order and refund to you the price that you have paid for the goods, less the failed delivery costs.
While we endeavour to hold sufficient stock to meet all orders, if we have insufficient stock to supply or deliver the goods ordered and paid for by you, we may supply or deliver a substituted product or refund you the price paid for such goods as soon as possible and in any case within 30 days or, in the case of an account customer, we may, in our absolute discretion, as soon as possible raise a credit to offset the amount invoiced to you.
Cancellation & Returns.
You may cancel your order by giving us notice of cancellation within 14 days of the date of delivery to you or collection. Such notice may be given by phone, mail, fax or email. If you are cancelling because of any problem with the goods, please notify us of the problem at the time of cancellation.
Faulty Goods – in the unlikely event that the goods are in any way faulty, you must contact us within 48 hours, so we can resolve the issue, and maintain customer satisfaction. Having informed us in writing or by email within 48 hours of your dissatisfaction, we will issue a returns note, and arrange for collection, it is your responsibility to ensure the goods are available for collection, and are returned within 14 days. It is your responsibility to advise us in writing or email if you require replacement goods, or a refund. A refund for returned faulty goods will be made within 14 days after inspection of the goods. Replacement goods will be sent immediately after inspection of the returned goods.
If for any reason you wish to return goods that are not faulty, you may do this at any time up to 14 days after receipt of the goods. Goods must be returned undamaged and in re-saleable condition in their original packaging. Any such returned goods are returned at your own cost and risk. A refund for returned un-damaged goods, less original delivery costs, will be made within 14 days after inspection of the goods.
If you require alternative goods, it is your responsibility to advise us on your requirements. This returns policy does not apply to the returning of unwanted goods that have been specially produced in design, colour or bespoke in any way, a separate contract applies in this case.
PLEASE READ THIS CLAUSE If you have notified us of a problem with the goods within 30 days of delivery, we will either make good any shortage or non-delivery; replace or repair any goods that are damaged or defective upon delivery; or refund to you the amount paid by you for the goods in question. We shall have no liability to pay any money to you by way of compensation other than any refund we make under these conditions. Our liability to you shall not in any event include losses related to any business of yours, such as loss of profits or business interruption; neither will we be responsible to you for any other loss which is not a foreseeable consequence of us being in breach of these Terms and Conditions or our legal duties. This does not affect your statutory rights if you are a consumer, nor is it intended to exclude our liability to you for fraudulent misrepresentation or for death or personal injury resulting from our negligence.
Goods are intended for use in the UK only and we cannot confirm that the goods comply with any laws, regulations or other standards applicable outside the UK. All goods are sold in accordance with the manufacturer’s specifications and are subject to any qualifications, representations or instructions contained in the documentation associated with the goods.
If you are a trade customer, we will not be responsible to you or, in the event that you are undertaking work for another person, to any other person, for the use or installation of any goods by you. Accordingly, if you are a trade customer, you hereby agree to hold us harmless, and indemnify us against any liability associated with, any claim or allegation that we are responsible for any failings in the installation or use of goods that we supply.
We may suspend further supply or delivery, stop any goods in transit or terminate our contract by notice in writing to you if you are in breach of an obligation hereunder or you become unable to pay your debts when they fall due or proceedings are commenced by or against you alleging bankruptcy or insolvency. Upon termination, your indebtedness to us becomes immediately due and payable and we shall be under no further obligation to supply goods to you.
We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder that is caused by any event or circumstance beyond our reasonable control (including, without limitation, strikes, lockouts and other industrial disputes).
If any part of these conditions is invalid, illegal or unenforceable (including any provision in which we exclude our liability to you) the validity, legality or enforceability of any other part of these conditions will not be affected. This contract shall be governed by and interpreted in accordance with Scottish law.
We welcome your valuable comments in striving to achieve 100% customer satisfaction, we also would be grateful if you have constructive comments to improve our product offering and service.
Our Terms & Conditions of Sale do not affect your statutory rights.