This website is operated by By Firdous®. Throughout the site, the terms “we”, “us” and “our” refer to By Firdous®. By Firdous® offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall By Firdous®, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless By Firdous® and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United Kingdom.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION INCLUDING SMS/MMS MARKETING
Questions about the Terms of Service or any enquires relating to SMS/MMS marketing should be sent to us at email@example.com.
SECTION 21 - KLARNA PAYMENT OPTIONS TERMS AND CONDITIONS
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment methods. Payment is to be made to Klarna.
- Pay in [14-30] days: The payment period is 14-30 days from shipment of the goods or tickets/ availability date of the service. You can find the complete terms and conditions for the markets where this payment method is available here: , , , , , , , and the .
- Financing: With the financing service from Klarna you can pay your purchase in flexible or fixed monthly instalments according to the conditions stated in the checkout. The instalment payment is due at the end of each month after submission of a separate monthly invoice by Klarna. Further information regarding Slice It including terms and conditions and Standard European Consumer Credit Information you can find here for the markets where this payment method is available: , the , , , , and .
- Direct bank transfer: Available in Germany, Austria, Belgium, Italy, Spain, Poland and the Netherlands. Your account will be debited directly after placement of your order.
- Direct Debit: Your account will be debited after shipment of the goods or tickets/ availability date of the service or in case of a subscription in accordance with the timelines communicated. You will be notified about the date(s) by email.
- Card Payments: Available in Sweden, Germany and Austria. The amount will be reserved on your card and will be debited after shipment of the goods or tickets/ availability date of the service. In case of a subscription the amount will be debited in accordance with the timelines communicated.
The payment methods Pay in [14-30] days, Slice It and direct debit are only available in case of a positive credit assessment. For this purpose, during the order process and handling of your purchase, we forward your data for an address and credit check to Klarna. We can only offer you the payment methods available based on the result of the credit check. General information about Klarna and the user terms per country can be found on . Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.
- Pay later
- Pay in installments
Further information and Klarnas user terms you can find . General information on Klarna you can find . Your personal data is handled in accordance with applicable data protection law and in accordance with the information in .
SECTION 22 - CLEARPAY/AFTERPAY TERMS OF SERVICE
- Clearpay allows you to pay for your purchase over 4 instalments due every 2 weeks, in accordance with the relevant Payment Schedule.
- All orders are subject to Clearpay’s approval – for example, if you have any overdue payments, Clearpay will not be available to you. For more information on assessment and checks, see clause 7.2.
- As part of our approval process, we may conduct a pre-authorisation on your nominated card, up to an amount of your first instalment - see clause 7.2(c).
- You can make repayments to Clearpay any time BEFORE the due date. Otherwise, Clearpay will automatically process payments on the scheduled dates from your card. If a payment is not processed on or before the due date, late fees will apply (“Late Fees”) an initial £6 late fee will be payable for the costs we incur as a result of your late payment, and a further £6 if a payment remains unpaid 7 days after the due date.
- For each order below £24, a maximum of one £6 late fee may be applied per order. For each order of £24 or above, the total of the late fees that may be applied are capped at 25% of the Original Order Value or £36, whichever is less. Our Late Fees represent the costs we will incur as a result of your failure to make payment when due, but we limit these fees as a concession to you.
- If you won’t be able to pay us on time, please contact us as soon as possible. Please click here for more information regarding customers in financial difficulties.
- The delivery/quality of goods and all refunds is the responsibility of the Retailer where you make the purchase.
- If you purchase goods from an authorised Retailer outside the UK we draw your attention to clause 4.4 of these terms.
IMPORTANT INFORMATION REGARDING CARD PRE-AUTHORISATIONS:
As part of our approval process and our assessment as to whether or not you can fulfil your obligation to make future payments to Clearpay according to the relevant Payment Schedule, we may conduct a pre-authorisation of your Nominated Payment Source. This may involve placing funds in the account linked to your Nominated Payment Source on hold each time you make an online purchase or add a new Card to your Clearpay Account. For online purchases, we immediately instruct your bank to void this pre-authorisation transaction. No funds are received by Clearpay during this process. We cannot guarantee the time it takes for your bank to process this action by us and make your funds available.
PLEASE NOTE: In most circumstances, relevant banks will void a pre-authorisation transaction within a few hours of the pre-authorisation transaction being conducted by Clearpay. However, in some instances, banks have taken up to fourteen (14) days to finalise this process. Unfortunately, we do not have any control or influence over the timing of your bank’s ability to finalise this process.
1. Welcome to our Website.
We set out below the terms and conditions of your use of, and access to, our Products. Please read these terms and conditions carefully, as they impose rules, obligations and other responsibilities on you in respect of your use of the Products.
1.1 Parties to this Agreement
This Agreement is a contract between you (‘you’ or ‘your’) and Clearpay Finance Limited (company number: 05198026) ('Clearpay', 'we', 'us', 'our'), or, where you purchase goods overseas, a Clearpay Affiliate. It sets out the terms and conditions that apply to your use of our Products. You agree that your acceptance of these terms and conditions, and ongoing use of our Products, shall constitute your acceptance of this Agreement.
If you do not want to be bound by this Agreement, you must not make a purchase using Clearpay Products.
1.2 Policies incorporated into this Agreement
We recommend that you store or print a copy of this Agreement (including all policies) for your records.
To the extent of any inconsistency between this Agreement and any incorporated policy, the incorporated policy will prevail.
1.3 Changes to this Agreement
(a) Clearpay may amend this Agreement at any time for any reason including, for example, if we change the functionality of our Products, introduce new products, or as required by law. We will post the amended Agreement on our Website. Each time you place an Order you will be asked to agree to the then current terms of this Agreement. Please read this Agreement carefully each time you agree to its terms when placing an Order. If you do not agree with the changes, you may close your Clearpay Account in accordance with clause 3.4.
(b) We will not change any terms and conditions for an existing Order that has been accepted by us; the terms and conditions that will apply to an accepted Order (and any steps taken in relation to such Order, e.g., cancellation, refunds, etc.) are the terms and conditions that applied at the time you made the Order.
2 Our relationship
2.1 About us
(a) Our Product is a fixed sum loan agreement which means we lend you a fixed sum of money to allow you to buy goods or services offered by online Retailers including, where available, a Retailer in an overseas jurisdiction permitted by Clearpay. Each Order will be a separate fixed sum loan. Any money which you repay to us does not become available for reborrowing, but subject to the terms and conditions set out in this Agreement you may submit Orders, from time to time, in relation to additional goods or services which you wish to acquire from Retailers.
(b) By placing an Order with a Retailer and using our Products, you provide us with your consent and direction to pay (or ask a Clearpay Affiliate to pay) the Retailer on your behalf in exchange for your agreement to pay us, in accordance with this Agreement, the agreed amounts on the dates outlined in your Payment Schedule, plus any Late Fees, if you miss a repayment to us on or before the scheduled date, as set out in clause 4.
(c) You acknowledge that we do not have any control over, and are not responsible or liable for, the products or services purchased from Retailers paid for with our Products. We cannot ensure that a Retailer you are dealing with will complete the transaction.
2.2 No warranty
(a) We do not give any express warranty or guarantee as to the suitability, reliability or availability of our Products, or of the content on our Website.
(b) Except as required by law, we do not guarantee continuous, uninterrupted or secure access to our Products, and we make no representations or warranties regarding the amount of time needed to complete processing of Orders or payment transactions.
3 Your Clearpay Account
3.1 Creating your Clearpay Account
(a) We will create your Clearpay Account when you place your first Order with any of our Retailers. You may also create your Clearpay Account by visiting the Clearpay Website.
(b) Once your Clearpay Account is created, you will be prompted to choose and enter a secure password. You may subsequently access your Clearpay Account, using your secure password, through our Website.
(c) You are responsible for maintaining the security of your Clearpay Account details. We will not take responsibility for unauthorised access and use of your Clearpay Account unless we have failed to take reasonable steps to prevent such unauthorised access or use.
(d) You must contact us as soon as you notice any unauthorised access or unauthorised use of your Clearpay Account. We will not seek to recover any repayments from you should we consider that there has been an unauthorised use of your Clearpay Account. However, you will still be deemed responsible for any repayments due if you:
(i) use your Clearpay Account fraudulently (including where you have knowingly allowed a third party to use your Clearpay Account fraudulently);
(ii) have been grossly negligent and enabled a third party to access and use your Clearpay Account;
(iii) allowed, whether knowingly or negligently, a third party to use your Clearpay Account, including if a third party is allowed to access a mobile phone or other device on which your Clearpay Account has been registered (for example, by giving them your passcode or by letting them register their fingerprint on it).
3.2 Your obligations to us as a holder of a Clearpay Account
By holding a Clearpay Account with us, you agree that you must:
(a) Not provide us with any information that is false, inaccurate or misleading;
(b) Ensure any information about you, including your contact details, is true, current and complete. If your information changes, you must update it through your Clearpay Account via our Website;
(c) Not use your Clearpay Account or our Products for any unlawful, fraudulent or improper activity;
(d) Cooperate fully with us to investigate any suspected unlawful, fraudulent or improper activity on your Clearpay Account;
(e) Not permit others to use your Clearpay Account, or allow anyone else to have or use your account password details;
(f) Not use any technology (device, software or hardware) to damage, intercept or interfere with our Products; and
(h) Not open or use more than one Clearpay Account.
3.3 In-store payment
(a) Sorry, but we do not currently offer in-store purchases using Clearpay. We will let you know as soon as this service becomes available.
3.4 Closing your Clearpay Account
(a) You may request to close your Clearpay Account by contacting us directly. You may only request to close your Clearpay Account if:
(i) all amounts owing to us by you (including any Late Fees) have been paid in full to us; and
(ii) no disputes or refunds are in progress.
(b) We may close your Clearpay Account for any reason, within our reasonable discretion. This Agreement will continue to apply to any Orders accepted prior to such closure until all amounts owing are received in full (including any Late Fees).
(c) Except as otherwise stated, this Agreement will be terminated once your Clearpay Account is closed. However, you will remain liable for all outstanding obligations related to the Clearpay Account even after it has been closed.
(d) We may immediately limit your access to our Products or suspend or close your Clearpay Account where we have reasonable cause to do so including, without limitation, where:
(i) we reasonably consider it necessary to do so in order to:
(A) protect the integrity of our systems or the Products;
(B) prevent fraud;
(C) limit the risk of money laundering or terrorism financing; or
(D) otherwise protect us against legal, regulatory or non-payment risk;
(ii) you do not pass our verifications or checks, including our pre-authorisation check described in clause 7.2(c);
(iii) we reasonably suspect, or are aware, that you have breached this Agreement in a material respect (including by failing to make any payment due under this Agreement by the payment due date); or
(iv) we otherwise reasonably consider the activity associated with the Clearpay Account to be suspicious.
(e) We will use our best efforts to provide written notice to you before closing your Clearpay Account, in the circumstances described in clause 3.4(d) above, except where doing so may compromise any investigation related to your breach of this Agreement or unlawful or improper conduct. Where we close your Clearpay Account in accordance with clause 3.4(d), this Agreement will be terminated, and all amounts owed by you to us will immediately become payable to Clearpay.
(f) Despite clause 5(f), where your Clearpay Account has been closed for any reason, our respective obligations in relation to product returns in clause 5 will only continue until:
(i) all amounts you owe to us have been paid to us; or
(ii) the date which is 120 days after your last Order,
whichever is sooner. After that time, the Retailer will be solely responsible for processing all product returns and associated refunds.
4 Orders, payments and billing
4.1 Order Confirmation and Payment Schedule
(a) All Orders which you place with Clearpay are subject to approval by Clearpay, in our reasonable discretion. We may choose not to approve an Order or provide a Product to you, or may cancel an approved Order before the goods or services are delivered or supplied, if:
(i) we reasonably consider this necessary in order to:
(A) protect the integrity of our systems or the Products;
(B) prevent fraud;
(C) limit the risk of money laundering or terrorism financing; or
(D) otherwise protect us against legal, regulatory or non-payment risk;
(ii) you do not pass our verifications or checks, including those described in clause 7;
(iii) we reasonably suspect, or are aware, that you have breached this Agreement in a material respect (including by failing to make any payment due under this Agreement on the payment due date);
(iv) an Order is made with a Retailer in a different jurisdiction that is not permitted by Clearpay; or
(v) we otherwise reasonably consider the Order to be suspicious.
(b) If we cancel an approved Order:
(i) we will apply a full refund of any amounts you have paid to us to your Nominated Payment Source or (if that is not possible) to any other Card that you have provided us details of, and will cancel any future payments related to that Order. In the event the approved Order is cancelled because a chargeback has been incurred by Clearpay in relation to a payment for the approved Order, that payment will not be refunded by Clearpay. Any return of funds in that event will be as between you and your issuing bank. The Retailer will not be obliged to deliver the goods (or provide the services) the subject of the Order, unless required to do so by law;
(ii) you will have no obligation to make any further payments to us, or any other ongoing relationship with us, with respect to that Order; and
(iii) if you wish to proceed with the purchase from the Retailer, the Retailer may accept an alternative payment method in its discretion, or if required to do so by law.
(c) Once we approve your Order, you will receive an email from us with confirmation of receipt of your Order and a Payment Schedule.
(d) You agree to ensure that payment(s) are made in accordance with the Payment Schedule. You may make early payments through your Clearpay Account, otherwise Clearpay will automatically process payments in accordance with the due dates stated on the Payment Schedule. You authorise Clearpay to process such payments using the Payment Method details provided by you. If an Automatic Payment fails on any of the dates specified in your Payment Schedule, Clearpay reserves the right to re-attempt to process the payment at a later time or date.
4.2 Automatic Payments and your Continuous Payment Authority
(a) An ‘Automatic Payment’ is a payment, through the Payment Method you have chosen, that we will automatically charge directly to your nominated Card (‘Nominated Payment Source’) on a one-time or regular basis in agreed upon amounts as outlined in your Payment Schedule under a continuous payment authority or “CPA”. You will have the option to select a preferred Payment Method and Nominated Payment Source when your Clearpay Account is being created. You can update or change your preferred Nominated Payment Source or Payment Method at any time via your Clearpay Account. You may add more than one Payment Method when you create your Clearpay Account or at any time afterwards via your Clearpay Account.
(b) Subject to the other terms of this Agreement, you hereby expressly authorise Clearpay to deduct Automatic Payment amounts from your Nominated Payment Source and any other Payment Method listed on your Clearpay Account for the amounts and on those scheduled dates set out in your Payment Schedule using the CPA. You acknowledge that you are giving us the ability to collect or reverse variable payment amounts from or to your Nominated Payment Source, in accordance with your Payment Schedule and the terms of this Agreement.
(c) You can cancel a CPA at any time by contacting your bank directly in which case we’ll no longer be entitled to take payment under the CPA. If you do cancel a CPA, you’ll still owe us the remaining balance of your payments and you’ll need to make your repayments by an alternative method.
(d) You are responsible for ensuring that you have sufficient funds in your Nominated Payment Source available to make Automatic Payments on the dates specified in your Payment Schedule. You are liable for any fees or charges imposed by your Nominated Payment Source, except to the extent that such fees or charges arise as a result of our error or system failure. If any fees or charges are imposed as a result of our error or system failure, please provide us with a copy of the relevant records, and we will reimburse you for the relevant fees or charges.
(e) If an Automatic Payment fails (for example, if your Nominated Payment Source is a credit or debit card which has expired), we may take payment from another Payment Method listed on your Clearpay Account and we may make up to multiple attempts on each such Payment Method. If our attempts to take payment fail, Late Fees may apply unless you otherwise make the scheduled payment on or before the relevant due date. You authorise us to make payment of any amount that you owe us by:
(i) Debiting your Nominated Payment Source at a later time or date;
(ii) Debiting any other Card which you have provided details of;
(iii) Offsetting the payment amount against any amounts we may owe to you; or
(iv) Any other legal means.
4.3 Late Payments
(a) If you fail to pay any amounts according to the Payment Schedule, Late Fees will apply on each payment that is due but not received. For the avoidance of doubt, Late Fees will not be applied until the day immediately following the day that the payment is due.
(b) We may, at our sole discretion, reasonably delay the application of, or waive wholly or partly, any Late Fee. If Late Fees are or may be incurred as a result of Clearpay's error, please let us know, and we will waive or refund any such fees.
(c) We will contact you as soon as we can to let you know you have missed a payment, and to discuss how the payment can be made. We’ll follow a collections process under which we’ll do our best to work with you to bring the agreement up to date.
(d) You should not proceed with any order if you believe you cannot afford the payments now or will not be able to in the future.
(e) Any payment received will be applied to the oldest outstanding payment e.g. if your second and third payments are outstanding and you make a payment to us, it will be applied to the second repayment in full. Any money remaining once the second payment has been settled in full will be applied to your third repayment.
4.4 Cross Border Transactions
Where you use our Products to make a Cross Border Transaction, we will convert what the Retailer charges for the goods into your local currency using a retail exchange rate selected by Clearpay at our discretion to determine the Original Order Value and the amounts payable by you in accordance with your Payment Schedule. The exchange rate used will change regularly to reflect the currency fluctuations in the foreign exchange market.
No set up fees or foreign exchange commission will be applied to the exchange rate applied to perform the conversion.
No interest charges are payable by you for the use of our Products.
(a) If you decide to return goods to a Retailer, which have been purchased using our Products, and request a refund, or a return and refund are otherwise accepted by the Retailer or permitted by law, you will directly arrange the return with the Retailer, ensuring that the goods are returned according to the Retailer’s returns policy or other instructions or your rights at law.
(b) It is your responsibility to notify the Retailer if you intend to return any goods. The return must be completed within the period specified and in the manner required by the Retailer’s returns policy or as otherwise permitted by the Retailer.
(c) Unless we are notified by a Retailer that a return and refund is in progress, we will continue to process any Automatic Payments in accordance with the dates set out in your Payment Schedule.
(d) Until such time that the Retailer has confirmed the return of the goods and has issued a refund to us for those goods, you will remain liable to us for the full payment of the goods, in accordance with your Payment Schedule.
(e) Once the Retailer has issued a refund to us for the goods, we will issue a refund to your Nominated Payment Source (or, if that is not possible, to any other Card that you have provided details of) and/or adjust your Payment Schedule appropriately (including to reduce or cancel any future payments, if necessary). Please note, in the event of partial refunds, refund amounts are taken off the last payment first. If the refund is processed to your expired or cancelled card, you will need to obtain the returned funds by contacting your financial institution.
For example, if you make a £400 purchase using Clearpay and the Retailer approves a £250 refund, we will cancel your 3rd and 4th instalments of £100, and amend your 2nd instalment to £50. Your new payment schedule will become 2 payments (instead of 4) of £100 & £50. If you had already paid 2 instalments of £100 each, a refund of £50 would be applied to your card and the remaining 2 instalments would be cancelled.
When a Retailer issues a refund for a Cross Border Transaction, Clearpay will use the original retail exchange rate (used at the time the order was placed) to determine the refund amount to apply to your Nominated Payment Source for the relevant goods.
For example, if an Australian Retailer charged 100AUD for goods which was converted to £70 as the Original Order Value, if the Retailer issues a refund to you for 50AUD, your order total and Payment Schedule will be adjusted by £35.
(f) Where you wish to return a product 120 days or more after the purchase date, we will no longer have any involvement in the product return process (i.e. the Retailer will provide any agreed refund directly to you).
6 Cancellation rights
6.1 Cancellation and Settlement
You can cancel and settle any loan agreement at any time before the final repayment falls due by repaying to us the unpaid balance of that loan agreement.
6.2 Exercise of Cancellation Right
If you wish to exercise your cancellation and settlement right, you can contact us using the form on the Contact Us section of our website which can be found at Clearpay.co.uk/contact-us. Alternatively, you can write to us at Clearpay Customer Service, Clearpay Finance Limited, Jactin House, 24 Hood Street, Manchester M4 6WX.
7 Assessment and checks
Each Order is subject to approval by us, in accordance with clause 4.1.
7.2 Repayment capability and identity checks
(a) We may verify your identity, including under the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017. Verifying your identity does not mean we will approve your order (see clause 4.1(a) for other variables that are considered).
(b) You agree to provide any information or documentation reasonably requested by Clearpay or a Retailer to verify your identity in connection with your Clearpay Account or Orders.
(c) As part of our approval process and our assessment as to whether or not you have the means to make payments to Clearpay according to the Payment Schedule, we may conduct a pre-authorisation of your Nominated Payment Source. This may involve placing funds in the account linked to your Nominated Payment Source on hold each time you make an online purchase or add a new Card to your Clearpay Account. For online purchases:
(i) the pre-authorisation amount will not exceed your first instalment (plus one penny) owed to us for that purchase; and
(ii) we immediately instruct your bank to void this pre-authorisation transaction.
8 Our Intellectual Property
(a) Our Website and all content on our Website are the exclusive property of Clearpay. The information on our Website is for information purposes only and is subject to change without notice.
(b) You must not copy, imitate, modify, alter, amend or use without our prior written consent any URLs representing our Website, or any of our content, logos, graphics, icons or other content published on our Website or in our printed media.
9 Complaints and disputes
9.1 Disputes between you and a Retailer
(a) If you have a dispute with a Retailer, you should file a dispute through direct contact with the Retailer.
(b) Whilst Clearpay will endeavour to facilitate communication between you and the Retailer to enable a resolution to all disputes, the outcome of your disputes with Retailers will not affect Clearpay’s rights and remedies under this Agreement or your obligation to meet any payments due to us, except as expressly provided in clause 5.
9.2 Disputes between you and us
(a) We aim to:
(i) Acknowledge receipt of all complaints within 5 business days; and
(ii) Resolve all complaints within 21 days.
(b) If you wish to raise a dispute or submit a complaint to us, you should do so by contacting us using the form on the Contact Us section of our website which can be found at Clearpay.co.uk/contact-us. Disputes should be raised with us as soon as possible.
(c) We may request additional documentation from you to assist us in resolving any complaints or disputes, and you must provide all reasonable assistance to us to facilitate us in resolving any complaints or disputes.
(d) Where we cannot resolve a dispute within 21 days, we will notify you of the reason for the delay as well as an indication of when we expect to resolve the complaint or dispute.
(e) You may also refer your complaint to the Online Dispute Resolution ("ODR") platform at http://ec.europa.eu/odr. The ODR platform helps to resolve disputes between customers and online traders within in the EU.
10 Notices and Communications
10.1 How we will communicate with you
(a) This Agreement and any other agreements, notices or other communications regarding your Clearpay Account and/or your use of our Products may be provided to you electronically.
(b) You agree to receive all communications from us in English and in electronic form. Communications will be posted on the secure member area of our Website (where permitted under this Agreement) and/or sent to your email address.
(c) Alternatively, we may choose to give notice to you by:
(i) serving it personally at, or sending it by post to, your nominated contact address listed on your Clearpay Account; or
(ii) sending it to you via other electronic methods of communication using contact details listed on your Clearpay Account (including text messages).
(d) Where a notice is served personally, service of the notice is taken to be effected when delivered. Where a notice is sent by post, service of the notice is taken to be effected on the second day after the date of postage. Where a notice is sent by electronic mail, or through other electronic means, service of the notice is taken to be effected on receipt.
10.2 How you can communicate with us
Except as explicitly stated otherwise, any notices to us should be given by email to: firstname.lastname@example.org
or by post to:
Clearpay Customer Service,
Clearpay Finance Limited,
24 Hood Street,
(b) Other communications
If you wish to contact us for any other reason, you can do so by using the form on the Contact Us section of our website which can be found here.
11.1 System Outages
(a) Access to our Products or our Websites may occasionally be unavailable or limited due to hardware or software failure or defects, overloading of system capacity, damage from natural events or disasters or disruptive human activity, interruption of power systems, labour shortages or stoppages, legal or regulatory restrictions as well as other causes outside of our control.
(b) To the extent permitted by law, Clearpay will not be liable for any loss or damage which you may incur as a result of our Products or our Website being unavailable.
11.2 Transfers or assignments
(a) You cannot transfer or assign any rights you may have under this Agreement without our prior written consent, which must not be unreasonably withheld.
(b) We may transfer or assign this Agreement, and any right under this Agreement, to a third party without notice to you or your consent unless the assignment will detrimentally affect your rights under the Agreement (in which case we will seek your consent prior to assignment, which consent must not be unreasonably withheld).
11.3 Governing Law and Jurisdiction
(a) Save where your primary address is in Scotland or Northern Ireland, this Agreement is governed by the law in force in England and Wales. Each party irrevocably submits to the non-exclusive jurisdiction of courts exercising jurisdiction in England and Wales.
(b) If you are resident in Scotland, this Agreement shall be governed by the law in force in Scotland and each party shall irrevocable submit to the non-exclusive jurisdiction of courts exercising jurisdiction in Scotland.
(c) If you are resident in Northern Ireland, this Agreement shall be governed by the law in force in Northern Ireland and each party shall irrevocable submit to the non-exclusive jurisdiction of courts exercising jurisdiction in Northern Ireland.
11.4 Third Party Rights
The Contracts (Rights of Third Parties) Act 1999 will not apply so as to entitle any third party to any rights or benefits under this Agreement.
11.5 Entire Agreement
This Agreement contains the whole agreement between Clearpay and you in respect of the subject matter of this Agreement and supersedes and replaces any prior written or oral agreements, representations or understandings between Clearpay and you in relation to this Agreement. Each party confirms that it has not entered into this Agreement on the basis of any representation that is not expressly incorporated in this Agreement.
Any variation of this Agreement will only be effective if made in writing and signed by both Clearpay and you.
If any provision of this Agreement is found to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this Agreement, which shall remain in full force and effect.
11.8 No Waiver
If Clearpay does not, at any time, enforce its rights against you under this Agreement, it does not give up any such rights.
Agreement means this agreement and its schedule, together with any policies and documents incorporated by reference.
Clearpay Account means an account that Clearpay creates to uniquely identify you and to enable you to use our Products.
Clearpay Affiliate means a related body corporate or related entity of Clearpay, including one in another country.
Card means any UK card issued by Visa or MasterCard, excluding Gift Cards and other pre-paid cards.
Cross Border Transaction means a Clearpay Purchase between You and a Retailer in an overseas jurisdiction permitted by Clearpay.
Gift Card means a stored value or prepaid card which, when activated:
(a) can be used to purchase services or merchandise from suppliers;
(b) may not be redeemable for cash;
(c) may be capable of being used on multiple occasions;
(d) is marketed solely as a gift card;
(e) is not a component of another financial product; and
(f) prominently displays or permits the prominent display on the card or mechanism either:
(i) the expiration date; or
(ii) the number of months following purchase that such card or mechanism expires (along with room to write the purchase date on such card or mechanism).
For the avoidance of doubt, Gift Card includes both open loop and closed loop pre-paid cards.
Late Fees mean the fees set out in the “Highlights” to this Agreement.
Nominated Payment Source has the meaning given in clause 4.2(a).
Order means a request submitted by you to us, to use an Clearpay Product to pay for goods or services offered by a Retailer.
Original Order Value means the total cost of your Order at the time it is approved by Clearpay (before any refunds may be applied).
Payment Method means any payment method accepted by Clearpay from time to time.
Payment Schedule means, in relation to an Order, a list of payment amounts that Clearpay is entitled to receive from you, and the relevant due dates of each payment.
Products mean the payment products and associated services offered by Clearpay from time to time.
Retailer means an online merchant with which Clearpay or a Clearpay Affiliate has a merchant agreement and whose goods or services may be purchased by you using our Products.
Website means www.clearpay.co.uk and any other website operated by Clearpay, including the Clearpay App.