1. Contract to Purchase: You agree to pay Red Rat Clothing Limited (Red Rat) for the goods by Direct Debit according to the Repayment Schedule as specified in the Initial Disclosure Statement.If any payment by you falls due on a day which is not a Banking Day (being a day on which registered banks are open for business in Auckland or such other city in which you reside) the payment must be made on such earlier date as may be reasonably requested by Red Rat and the payment authority provided by you shall provide accordingly.You must pay all outstanding monies (being those referred to in the Repayment Schedule, and the fees/expenses provided for in the Initial Disclosure Statement, together with any other monies owed to Red Rat under any other purchase)
2. Reservation of Title: Ownership of the goods does not pass to you until payment in full for the goods has been received by Red Rat.
3. Automatic payment / Direct Debit authority: You are required to provide a direct debit authority at the time of completing your credit application.The payment authority must remain active until all amounts owing by you to Red Rat have been paid in full.If the automatic payment authority or direct debit authority has been cancelled before the completion of all payments on your account then you irrevocably agree to immediately provide a new automatic payment or direct debit authority to ensure the payments continue and the contract for the purchase of goods from Red Rat is satisfied in full.
4. Ongoing debiting: If you agreed to continue payments in the payment to continue section of your credit application then you agree to allow Red Rat to continue to debit your account indefinitely (or until you ask Red Rat to stop, subject to all amounts due and owing by you having been paid).The credit balance of your account with Red Rat can be used to make further purchases or will be refunded if requested in accordance with clause 7.
5. Refusal of credit: Red Rat may at its discretion refuse credit or otherwise discontinue its trading relationship with you, but shall be authorised to continue to use any Direct Debit authority provided by you to effect payment of outstanding monies owing by you.
6. Further credit: On application by you Red Rat may in its sole discretion agree to increase the amount of credit available to you to allow you to make further purchases up to a Credit Limit determined by Red Rat.If Red Rat increases your Credit Limit you may be required to enter into a new Repayment Schedule to be agreed with Red Rat. Red Rat will notify you when your Credit Limit increases.If you do not wish to accept your increased Credit Limit, you must advise Red Rat accordingly.
7. Refunds: Red Rat will endeavour to notify you prior to your account balance being reduced to zero.If your account has a positive credit balance, the money will be held by Red Rat for your benefit. Upon your request Red Rat will refund the money to you, within 5 working days of your request, by direct credit to your account after deducting the relevant fees.
8. Fees and Charges: Red Rat reserves the right to charge and deduct from your account the fees and charges set out in the Fees and Charges section of the Initial Disclosure Statement.
9. Right to Communicate in Electronic Form: You consent to Red Rat communicating with you electronically including by email, instant messaging and text message to the email address and/or mobile number supplied by you on your credit application or that you subsequently provided, for the purposes of making disclosure to you in respect of the goods and services provided.We may provide you with notices, changes to these terms and conditions or for any other reason; these communications may provide links to additional information.
10. Electronic signing:If the Credit Application has been signed electronically and Red Rat have consented to receiving an electronic signature;
11. By inserting an electronic signature you acknowledge and warrant that the electronic signature has been inserted by the party named in the Credit Application and indicate that you are bound by these Terms and Conditions.You also consent to receiving the disclosures set out in clause 9 in Electronic Form.
12. Consent to receive Marketing Information: You consent to receive notice of promotions, special offers and other marketing information from Red Rat including electronically by email or text message.If you no longer wish to receive marketing and promotional material from Red Rat you should advise Red Rat in writing (which may be by email or text message) that you no longer wish to receive such material.
13. Paperless Direct Debit System: You consent to Red Rat accepting instructions from you to enable processing of direct debits without a signed direct debit authority.You may provide the direct debit instructions to Red Rat by email or telephone.Text messages will not be accepted.Red Rat will send you confirmation of your instructions within 5 business days of receiving them from you.
14. Returns: No claim in relation to goods supplied by Red Rat shall be recognised unless the goods are returned within thirty days of delivery, and are clearly identified, marked with the original receipt / invoice number and in the condition that they were originally delivered/purchased in.
15. Shortages and error: Red Rat’s liability for shortages in quantity and errors shall be limited to making up shortages and taking back any goods delivered in error respectively.No claim for shortages in quantity or errors will be allowed unless the claim is notified to Red Rat within 3 days of receipt of the goods by you.
16. Liability: Subject to any express statutory provision to the contrary, the liability of Red Rat arising directly or indirectly from any defect in the goods or from any breach or non-compliance by Red Rat of its obligations under the Credit Contract shall not in any event exceed an amount equivalent to the purchase price of the goods.Red Rat shall not be liable for any consequential, indirect or special damage or loss of any kind.
17. Loss or damage: Risk shall pass to you on delivery of the goods and thereafter you shall be responsible for all the loss of, or damage to, the goods howsoever arising, and whether direct or consequential.
18. Termination: Red Rat without liability on its part, shall have the right to cancel the credit contract if:
a. You breach these Terms and Conditions, including default in payment of any amount due on the due date: or
b. You are bankrupt or otherwise unable to pay your debts or you enter into an arrangement of compromise with your creditors.
c. Upon cancellation of the Credit Contract all sums outstanding (whether legally demanded or not and whether then due or not) shall become immediately due and payable to Red Rat
19. Waiver and forbearance: Red Rat shall not be deemed to have waived any term or condition of this contract unless such waiver shall be in writing under the signature of an authorised officer of Red Rat and any such waiver, unless the contrary shall be expressly stated, shall apply to and operate only in the particular dealing in respect of which it was given.
20. Collection of Personal Information: You irrevocably authorise Red Rat to collect and retain your personal information supplied in your credit application and information we have gathered from technology used to access our services such as but not limited to location data, internet protocol (IP) address or phone number and use it for the following purposes:
a. determining your ongoing creditworthiness, including but not limited to;
any information given to Red Rat by you (or information that Red Rat may
collect from other sources) with third parties and third party databases,
including Government agencies (for e.g. NZ Transport Authority, Motor Vehicle
Register, PPSR, Department of Internal Affairs).
out credit checks with a credit reporter for the purpose of making a credit
decision affecting you (including debt collection) or for the requirements of
the Anti-Money Laundering and Countering Financing Terrorism Act 2009. This
will require Red Rat to give your information to the credit reporter as well as
the credit reporter providing information about you to Red Rat.
the Ministry of Justice fines database for any overdue fines you may have. This
will require Red Rat to give your information to the Ministry of Justice. This
check may be carried out by a credit reporter, which will require the search
results to be disclosed to the credit reporter.
any information that you give to Red Rat (or information that Red Rat may
collect from other sources) with third parties and third party databases for
the purposes of fraud prevention or the Anti-Money Laundering and Countering
Financing Terrorism Act 2009.
you have voluntarily given Red Rat your driver’s licence information, this
information may also be disclosed to a credit reporter and the NZ Land
Transport Department as part of the checks Red Rat undertake with them.
you have voluntarily given Red Rat your Passport information, this information
may be disclosed to a credit reporter and the Department of Internal Affairs as
a part of the checks Red Rat undertake with them.
b. Detecting and preventing fraud;
c. administration and enforcement of this contract and any and all other contracts which you may have signed with Red Rat;
d. Debt recovery including appointing an agent to collect any outstanding debts and listing defaults with a credit reporter.
e. marketing goods and services provided by Red Rat; and
f. Conducting market research by and on behalf of Red Rat.
g. To comply with Red Rat’s legal obligations from time to time, including without limitation under the Anti-Money Laundering and Countering the Financing of Terrorism Act 2009 and the terms of any designated business group or agency agreement entered into in relation to that statue.
You may decide not to provide some or all of the personal information requested by Red Rat.However, if you do not provide it Red Rat may not be able to provide you with credit.You may ask to see the personal information held by Red Rat about you by sending a written request to Red Rat P O Box 97652, Manukau AUCKLAND 2241, or by email to email@example.com and Red Rat will provide such information as long as it has it and it is readily retrievable.You may ask Red Rat to correct the information it holds about you.”
Where possible the personal information will be obtained directly from you but otherwise it may be provided by others including but not limited to a credit reporter (as that term is defined in the Credit Reporting Privacy Code 2004).You irrevocably authorise Red Rat to collect, obtain and use any information from the credit reporter or any other third party for any of the purposes noted in clause 19.
21. Disclosure of Personal information: You irrevocably authorise Red Rat to provide the personal information:
a. To employees and agents of Red Rat and any other person, in the ordinary course of business, for any of the purposes noted in clause 19;
b. To credit agencies and other suppliers of goods and services on credit terms to you and
c. To Red Rat financiers and any person to whom Red Rat may sell or assign any part of its business.
d. To a credit reporter. If Red Rat discloses your personal information including your positive credit information (along with your repayment history information) to a credit reporter, the credit reporter may hold your information on their credit reporting database and use it for providing credit reporting services and for any other lawful purpose and they may disclose your information to their subscribers for the purpose of credit checking or debt collection or for any other lawful . This information may include “credit information” as defined in the Credit Reporting Privacy Code 2004 (which may include without limitation repayment history, details relating to your account and payment defaults).
22. Change of email address, physical address or telephone number: You must advise Red Rat in writing or by calling 0800 728 728 within 7 days of any change of email address, physical address or telephone number.
23. Delivery: Delivery shall be completed on the arrival of the goods at the address supplied on your credit application.You shall be deemed to have accepted delivery upon arrival at such address.
24. Breach of contract: All costs incurred by Red Rat in the recovery of amounts outstanding are to be charged to you and form part of the balance owing on your account.
25. Sales policy: Red Rat has a policy of not providing an EzPay account to anyone under the age of 18 years.
26. Personal Property Securities Act 1999: You acknowledge that this contract creates a security interest in any goods purchased from Red Rat as security for all your obligations to Red Rat under this contract and this security interest is or may be registerable (if Red Rat so elects) on the Personal Property Securities Register.
27. Governing Law: This contract is governed by and construed in accordance with the laws of New Zealand.You submit to the jurisdiction of the courts of New Zealand and agrees that any disputes shall be brought in either the Auckland Disputes Tribunal or the District Court of Manukau.
28. Set off: We may at any time without notice set off any money owed by us to you against money you owe Red Rat under any other agreement or arrangement.
Right of Cancellation: You have a legal right to cancel this agreement up to 7 working days after you have signed the Credit Application.Saturdays, Sundays and national public holidays are not working days. You can do this by providing Red Rat with written notice by post or email to the addresses shown in this Initial Disclosure Statement.
If you cancel the contract Red Rat can charge you:
a.The amount of any reasonable expenses Red Rat has had to incur in connection with the Credit Contract and its cancellation (including legal fees and fees for its credit reports); and
b.Interest for the period from the day you received the goods until the day you either pay the cash price of the goods or return the goods to Red Rat.
What to do if you suffer unforeseen hardship: If you are unable reasonably to keep up your payments or other obligations because of illness, injury, loss of employment, the end of a relationship, or other reasonable causes, you may be able to apply to Red Rat for a hardship variation.
To apply for a hardship variation you will need to:
a. Make an application in writing
b. Explain your reasons for the application
c. Request postponement of the dates on which payments are due under the contract ( specify the period for which you want this to apply): and
d. Give the application to Red Rat
Do this as soon as possible. If you leave it too long we may not have to consider your application.