Legal & PCI
Consumer Terms of Service (APAC)
We are a retailer of goods or services that you are seeking to purchase (“us”, “our”, “we” or “Merchant”). These Consumer Terms of Service (this “Agreement”) are between us and you, the cardholder, who is making the purchase (“you” or “Buyer”).
This Agreement sets out the terms that apply when you select the option of paying for your purchase by instalments, using a payment card issued by a credit card issuer (“Issuer”). The terms in this Agreement are in addition to our normal terms of business, including our return policy, and prevail to the extent of any inconsistency. By choosing to make this purchase using instalments by selecting the “Splitit” payment option at the checkout page, you agree to be bound by this Agreement. In order to process card payments by instalment, we are using a third-party technology service provided by Splitit Australia Pty Ltd (ACN 633 648 861) (“Splitit” or “Service Provider”). You have not entered into any agreement or arrangement with Splitit.
How it Works. By selecting the “Splitit” payment option at the checkout page, you authorize us to put an authorisation (or hold) on the card provided to us by you for the Total Sale Price (as defined below under Authorisations), however we will only charge the card provided over time in the number of payments and amounts that you selected at checkout (we call these payments “Instalments“) (or as set out below in bold if we are unable to renew the authorisation). The date and amount of each Instalment is shown in a payment schedule at checkout before you complete your purchase and copy of the payment schedule is emailed to you shortly after you complete your purchase. We will charge the first Instalment to your card when your order is completed (or later, if shipment is later, in accordance with the payment schedule). Each subsequent Instalment is charged monthly, on the dates shown in the payment schedule, until the Total Sale Price is paid in full. As further described under the Authorisations section, your card is eligible for the “Splitit” payment option if there is available credit (or balance, in the case of a debit card) to support an Authorisation for the Total Sale Price and you are authorized to use the card to make the transaction. If we are not able to renew an authorisation for the amount you owe by your next Instalment due date we may charge your card for the Total Sale Price, less the amount of any Instalments you have already paid.
When you make a purchase from us, you may have to pay other fees, costs or taxes that are not imposed by us (such as internet charges, fees and interest imposed by the Issuer or charges imposed by customs in your country). IN PARTICULAR, PLEASE NOTE, AS INSTALMENT PAYMENTS ARE BEING CHARGED TO YOUR CARD, YOU MAY BE CHARGED INTEREST AND FEES OR OTHER CHARGES IMPOSED BY THE ISSUER UNDER THEIR AGREEMENT WITH YOU. THIS COULD INCLUDE LATE PAYMENT FEES, OVERDRAFT FEES, PERIODIC INTEREST, OR OVER-THE-LIMIT FEES. YOU ARE SOLELY RESPONSIBLE FOR THESE FEES.
Authorisations. If you provide a credit card to make payments, we may obtain an authorisation against your credit card for up to the total amount of your purchase (“Total Sale Price”). An “authorisation” means that the available credit on your credit card will be reduced by the amount of the authorisation, in order to ensure you have sufficient available credit to make future payments. You will likely not be able to use that amount of your credit line while the authorisation remains in place, subject to rules imposed by your Issuer. Even if your Issuer does not restrict the available credit, you must ensure that you have enough available credit to cover the full outstanding amount owed under this Agreement for your purchase at all times.
To ensure we retain a valid authorisation against your credit card, we will renew the authorisation periodically using the credit card details provided at the time of purchase (or a subsequent credit card you provide). The amount of each authorisation will be reduced by Instalments already paid. It may take up to 5 days for the amount of the authorisation to be reduced after you make a payment. We will notify you by email approximately 24 hours before the authorisation is renewed.
If any authorisation we seek to make against your credit card fails, we will contact you by email (using the email address you provided at checkout) to let you know. We may also contact you via SMS if you have authorized us to do so. We will also keep attempting to get approval for the authorisation by submitting a request to your credit card periodically for up to 7 days. You can provide us with a different eligible credit card to use for authorisations and Instalments via the consumer portal, using the unique link we email to you when you enter into this Agreement (“Portal“). By providing a new credit card, you authorize us to obtain authorisations for the remaining amounts owed under this Agreement, as set forth in this Agreement, and you further authorize us to charge this updated credit card for outstanding Instalments owed, when due under this Agreement. You also authorize us to charge or refund your credit card as necessary to correct any errors. As noted above, if we are not able to renew an authorisation for the amount you owe under this Agreement by your next Instalment due date, we may charge your credit card for the Total Sale Price, less the amount of any Instalments you have already paid.
Debit cards. We may, but are not required to, allow you to use a debit card to complete your purchase. If you provide a debit card to pay Instalments under this Agreement, a temporary hold may be placed against your debit card for the Total Sale Price at the time of purchase, but we will only charge your debit card for your first Instalment payment at this time. The remaining amount of the hold, if applicable, will be cancelled in approximately 3 – 5 days after the date of your purchase, but processing times may vary depending on your bank. We will continue to charge your debit card, monthly, for the amount of each subsequent Instalment, on each Instalment date, until the entire amount due under this Agreement is paid. In the event that there are insufficient funds available on the debit card to pay any Instalment, we will notify you. If any payment attempt is unsuccessful or returned to us unpaid, we may retry the payment attempt, unless prohibited by law.
BY COMPLETING THIS PURCHASE, YOU PERMIT US TO TAKE AUTHORISATIONS (IF APPLICABLE) AND PAYMENT IN INSTALMENTS IN THE WAY DESCRIBED ABOVE AND CONTACT YOU IN CONNECTION WITH YOUR PURCHASE.
Handling Card Payments and Notifications. We use a third-party technology platform provided by Splitit to keep a record of payments you owe us and we use their platform to process authorisations and payments at the times we have agreed and to send notifications to you. You will see some of the emails say they are “powered by Splitit”. This should help you identify what payments we are contacting you about. You never enter into an agreement with Splitit.
Returns and Cancellations. You may return the goods to us as set forth in our Return Policy. We allow you to cancel this Agreement at any time by informing us in writing or by email or via the Splitit platform. This Agreement may not be cancelled if you only tell us orally. If you give us notice that you want to cancel this Agreement, it will be terminated and all outstanding Instalments will become payable on the date of termination. You may need to provide additional information in connection with any notice of termination or cancellation in order for us to properly identify the Agreement that is being terminated. We will send you an email following the completion of your purchase with details of how you can access information on your payments in a secure, password protected consumer portal. There is information on how you can terminate the Agreement maintained on our website and through the secure, password protected consumer portal. You can email our Service Provider at [email protected].
Default. We may declare you in default under this Agreement for any of the following reasons: (1) you fail to pay any Instalment by the due date and that failure continues for more than 10 days following receipt of notice from us to rectify the failure; (2) you breach any promise you make to us in this Agreement which significantly impairs your ability to pay or our ability to collect the amounts due under this Agreement and, if capable of being remedied, you fail to remedy that breach within 30 days following receipt of notice from us to rectify the breach; (3) you file for bankruptcy, or become subject to a proceeding which seeks relief from debt; (4) you have made a false or misleading statement about an important matter in connection with this Agreement and, where the circumstances giving rise to that false or misleading statement are capable of being remedied, you fail to remedy those circumstances within 30 days following receipt of notice from us specifying the false or misleading statement; or (5) you die or become legally incompetent.
Consequences of Default. If we may declare you are in default under this Agreement in accordance with the paragraph above, we can require you to pay the remaining amount you owe us under this Agreement immediately,. We may seek payment of this amount by charging your credit or debit card pursuant to any authorization you provided us under this Agreement.
Assignment. You are hereby notified and agree that we may transfer, sell, or assign this Agreement, the Instalments, or any associated rights, to a third party, including Splitit or one of its affiliates without any further notification or consent to you. If we do so, this Agreement will remain in effect and will be binding on and will inure to the benefit of our assign(s). You may not transfer your rights under this Agreement and any attempt to do so will be void.
Governing law; Miscellaneous
This agreement (and our dealing prior to this Agreement being made) shall be governed by the laws of New South Wales, provided that you are entitled to the benefit of any mandatory consumer protection rules of the country of your primary residence. All communications from us with you will be in English. The courts of New South Wales have jurisdiction to hear any disputes about this Agreement, including any question regarding its existence, validity or termination, unless you live in another part of Australia, in which case any disputes may be brought in that part of Australia.
If any provision of this Agreement or portion thereof is held to be unenforceable, this determination will not affect the remainder of this Agreement. To the extent there are any conflicts between this Agreement and our normal terms of business, the provisions contained herein take precedence.
We may share information about our transactions and interactions with you with Splitit and other affiliated companies. We may also share information about our transactions and interactions with unaffiliated third parties in connection with providing this service to you, including fraud detection services.
However, the law may permit you to instruct us not to share this information with certain third parties. If you do not want us to share this information, you must notify us in writing or by email through our Service Provider at: [email protected]. If you email us a notification, you must include your name, address, and the last four digits of your card number used in this transaction so that such a request can be honoured. Do not include your full card details in this email.
Communications. After completing your purchase, you will see some communications from us saying they are “powered by Splitit”. You will receive an email following the completion of your purchase with details of how you can access information on your payments in a secure, password protected Portal. You are responsible for obtaining and maintaining all telecommunications, mobile, broadband, computer, hardware, software, equipment and services needed to access information about this Agreement or your payment method; viewing, saving and/or printing your account documents online; and receiving any messages or documents you have consented to receive electronically. Some of the communications between you and us or any of our affiliates, agents, assigns and service providers, may be monitored and recorded. You agree that we or our service providers may send e-mails to you at any e-mail address you provide us or use other electronic means of communication to the extent permitted by law. We are not required to act on any instruction or message from you provided by fax, SMS/text, telephone voice mail, message service or answering machine. Whenever this Agreement or applicable law requires or allows you to give us written notice, we will not consider SMS/text or fax to be written notice. You must notify us promptly of any changes to your e-mail address, phone number, mailing address, or other contact information by using the Platform or by emailing our Service Provider at [email protected].
Who to contact about this Agreement. Occasionally, you may require additional assistance in connection with this Agreement (for example, replacing payment method, number of outstanding Instalments, etc.). You may obtain information about your Agreement, including your remaining Instalments and your selected payment method through the Portal. You may also contact us through our Service Provider at [email protected] or +44-800-086-9112 for technical support and information about this Agreement. If you have any questions about the goods and services you purchased under this Agreement, please contact our customer services department through the information provided on our website. We clarify that we hired Splitit to provide certain services and you do not have any agreement with them. Splitit cannot agree to any alternative arrangements other than to allow you to use a different card for the payment of any unpaid Instalments. In addition, Splitit does not have information regarding your relationship with the Issuer and accordingly cannot handle questions related to that arrangement.
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