Splitpay Terms & Conditions

1. Your SplitPay Agreement
SplitPay is a payment option provided by Red Rat Clothing Limited (Red Rat) which allows you to purchase products in an easy and affordable way. You (the individual) must pay for each purchase in eight equal weekly
instalments or four equal fortnightly instalments. The first instalment will be due and payable at the time you purchase the product.
By accepting this Agreement, you acknowledge you have read, and agree to comply with, these Terms and Conditions.

2. Contract to Purchase
You agree to pay Red Rat for the goods by your nominated debit card or credit card according to your Payment Schedule with each purchase. You must provide us with all information we request for the purposes of assessing your
application. Our approval criteria may change from time to time.

3. Am I Eligible?
To be eligible to use SplitPay you must:
(i) be an individual who is at least 18 years of age,
(ii) have a valid and verifiable email address and NZ mobile phone number,
(iii) provide a valid delivery address in NZ,
(vi) have your identity verified in accordance with the requirements of the Anti-Money Laundering and Countering Financing of Terrorism Act 2009; and
(v) have a valid debit or credit card account in your name with a registered bank in New Zealand.

4. Application and Approval
We will create your SplitPay account when you first place an order online at the checkout, or online without a purchase.
Once your SplitPay account is created, you will be required to provide certain log in information (this includes a user name and password) that will enable you to access your Account through our Website.
You are responsible for keeping your log in information secure and must not permit unauthorised access and use by any other person. If you know or suspect any other person has obtained your log in details, you must
notify us immediately at hello@redrat.co.nz
You must exercise care to ensure the safe use of your computer or mobile device to prevent loss, theft and unauthorized or fraudulent use.
If your account is used by another person to purchase Product, you will be personally liable to pay the Purchase Price of the Product in accordance with these Terms and Conditions.

5. Confirming your Order
Once your Order is approved, you will receive an email from us from the email address you provided, for confirmation of receipt of your Order and a Payment Schedule.
You agree to make payments in accordance with the Payment Schedule. You may pay your Account off early, top up payments or make up a missed payment. You authorise Red Rat to automatically process payments in
accordance with the Payment Schedule. If an Automatic Payment fails on any of the dates specified in your Payment Schedule, Red Rat reserves the right to re-attempt to process the payment at a later time or date.

6. Automatic payment /Fees
An “Automatic Payment” is a payment through the Payment Method you have chosen. This will automatically be charged directly to your nominated debit or credit card.
You must pay us the Purchase price in eight equal weekly instalments or four equal fortnightly instalments. The second instalment will be due and payable on the day of the week you select when you confirm your payment schedule at the time of
purchase. Each of the remaining instalments will be due and payable on the same day of the week as the second instalment in the weeks following. For example, if you purchase a product on a Wednesday and the purchase price is $100.00, on the
date of purchase you will pay $12.50 and if you choose all following payments to be made on a Friday, on each Friday in the following seven weeks you will be required to pay us an instalment amount of $12.50.
If an Automatic Payment fails, late fees may apply. A maximum of two late fees will apply for each individual order. We may also arrange for a debt collection agency to collect the amount you owe to us or instruct an Agent
to visit you and charge a fee of $45.00. You will not be charged more than one $45.00 fee if an Agent is required to visit you in any one calendar month.
You authorise us to debit your nominated credit or debit card for late fees which are spread across any remaining payments. For example, if you purchase a product for $100.00, the first two payments are made at $12.50
each, the third payment is late, which incurs a late fee of $10.00, the remaining five payments are now $17.00 each week.
You may pay some, or all, of the purchase to us in advance of the due date of the instalment payments.
If you have a Red Rat Ezpay account and SplitPay account and either of these are in default, both accounts will remain on hold until overdue payments are made.
There is no interest charged for any purchase using SplitPay.

7. Minimum Purchase
The minimum purchase amount using SplitPay is $80.00 for each individual order.

8. Your Limit
Red Rat will provide you with a limit (“Your limit”), which is subject to our approval for the purchase of Product.
On application by you Red Rat may in its sole discretion agree to increase your limit available to you using SplitPay to allow you to make further purchases up to a Limit determined by Red Rat.

9. Talk to us
You consent to Red Rat communicating with you electronically including by email and text message to the email address and/or mobile number supplied by you in your application.
You consent to receive notice of promotions, special offers and other marketing information from Red Rat including electronically by email, text message or phone. 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.
You consent to us using the contact details you have provided to contact you in relation to your SplitPay Account.

10. What you need to know
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.
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 ofreceipt of the goods by you.

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 hereunder 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.
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 of consequential.
Red Rat without liability on its part, shall have the right to cancel this contract which has not been completed, and all sums outstanding (whether legally demanded or not and whether then due or not) shall become immediately
due and payable to Red Ratif:
a. You breach these terms and conditions of sale, including default in any payment 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.
Red Rat shall not be deemed to have waived any condition unless such waivershallbe in writingunderthe signature ofanauthorised officerof Red Ratand anysuch 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.

11. Collection of Your Personal Information
You irrevocably authorise Red Rat to collect and retain your personal information supplied in your application and use it for the following purposes:
a. determining your ongoing creditworthiness, including but not limited to;
i. Verifying any information given to Red Rat by you (orinformation 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).
ii. Carrying 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.
iii.Checking 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.
iv.Verifying any information that you give to Red Rat (or information that Red Rat may collect from other sources) with third party databases for the purposes of fraud prevention or the Anti-Money Laundering
and Countering Financing Terrorism Act 2009.Whereyouhavevoluntarily givenRedRatyourdriver’slicenceinformation,thisinformation may also be disclosed to a credit reporter and the Ministry of Justice as
part of the checks Red Rat undertake with them.
v. Where you have voluntarily given Red Rat your driver’s licence information, this information may also be disclosed to a credit reporter and the Ministry of Justice as part of the checks Red Rat undertake with
b. administrationandenforcementofthiscontractandany andall othercontracts whichyou may have signed with Red Rat;
c. Debt recovery including appointing an agent to collect any outstanding debts and listing defaults with a credit reporter.
d. marketing goods and services provided by Red Rat; and
e. conducting market research by and on behalf of Red Rat.
f. 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 in relation to that statue.
You may decide not to provide some or all the personal information requested by Red Rat. However, if you do not provide it Red Rat may not be able to provide all the services to you. You may ask to see the personal
information held by Red Rat about you 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 butnotlimited to a creditreporter(as thattermis 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 10.

12. Disclosure of Your 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 10;
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 purpose.

13. Your Privacy
Your right to privacy is very important. We recognise that when you choose to provide us with information about yourself, you trust us to act responsibly. We believe this information should only be used to help us
provide you with better service. That's why we have put the following policy in place to protect your personal information: see www.redrat.co.nz/privacy-policy

14. General
You must advise Red Rat in writing or by calling 0800 728 728 or by email to hello@redrat.co.nz within 7 days of any change of address or telephone number.
Delivery shall be completed on the arrival of the goods at the address supplied by you. You shall be deemed to have accepted delivery upon arrival at suchaddress.
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.
This contract will be governed by and construed in accordance with the laws in 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.

15. You want to cancel?
The Credit Contracts and Consumer Finance Act 2003 give you arightfor a short time after the terms of this contract have been disclosed to cancel this contract.
If you want to cancel this credit contract you must give written notice to Red Rat. You must also return to Red Rat any goods received by you in new condition or pay the cash price for those goods.
If the disclosure statements are handed to you directly, you must give notice within five working days after you receive the documents.
If the documents are mailed to you then you must give notice seven working days after they were posted. Saturdays, Sundays and national public holidays are not counted as working days.
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 contract and its cancellation (including legal fees and fees for its credit reports)
This document contains a summary only of your rights and obligations in connection with the right to cancel. If there is anything about your rights and or obligations under the Credit Contracts and Consumer Finance Act
2003 that you do not understand, if there is a dispute about your rights of if you think that Red Rat is being unreasonable in any way you should seek legal advice immediately.
16. How do I return a product?
If you have placed an order through our website or via the phone, you can return the product/s purchased for a full refund if the product/s are in their original condition and it's within 30 days of receiving shipping confirmation.
You can return your product/s to any of our 14 stores nationwide. Find your nearest store here www.redrat.co.nz/store-locations
You can also return the product/s to our distribution centre. If you are returning the product/s to our distribution centre, please call us on 0800 728 728 or email us at hello@redrat.co.nz first for us to register your return. If you
return is due to a fault, we may request photos of the fault as verification before registering your return.
After we have registered your return, please return the item via courier along with the original invoice and a note clearly explaining your reason for return.
The address for our distribution centre is:
Red Rat Clothing Ltd
26 Ascot Road
Airport Oaks
Returns will be at your expense unless otherwise advised and refund of the original freight fee will be at our discretion.
We recommend using a tracked courier service that requires a signature upon delivery as we are not liable for any returns that fail to make it to our distribution centre.
Please note that all sales of clearance items are final and are not entitled to the refund or returns policy outlined below if you simply change your mind, so please choose carefully. The only exception is if the product is faulty.
Once the products have been received by Red Rat and in a saleable condition, the refund will be refunded to your nominated credit or debit card that was used to place the order. You will receive an email once the refund has
been applied less any fees that may have been charged on your account. This may take between 5-7 days to process. See www.redrat.co.nz/faq/returns

17. 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 cause, you may be able to apply to the creditor 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 the creditor;

18. Complaints
Red Rat is a member of a financial dispute resolution scheme which is designed to help customers resolve complaints. The name of the scheme of which Red Rat is a member is:
Financial Dispute Resolution
PO Box 5730
Wellington 6145
Ph 0508 337 337
Email: enquiries@fdr.org.nz
Website: www.fdr.org.nz
If you have a complaint, first raise this with Red Rat by calling 0800 728 728. If you are not happy with the way your complaint has been dealt with by Red Rat, then you may contact the Dispute Resolution Service above to
assist to resolve the complaint.
Red Rat is a Registered Financial Service Provider:
Registration Name: Red Rat Clothing Limited Registration Number: FSP43181

19. Definitions
Agreement means this agreement and its schedule, together with any policies and documents incorporated by reference
Automatic Payment has the meaning given in clause 6
Late Payment Fee is $10.
Collection Fee is $45.
Nominated Card means a credit or debit card in your name with a registered bank in New Zealand nominated by you in the SplitPay application, to be debited and credited with amounts in accordance with this agreement.
Purchase Price means, in relation to a Transaction, the total purchase price of goods purchased or to be purchased by you.
Order means a request submitted by you to use SplitPay for purchases offered by Red Rat
Payment Schedule means a list of payment amounts that is payable by you on the due dates selected
SplitPay is a payment option provided by Red Rat
Us, we or our means Red Rat Clothing Limited
Website means www.redrat.co.nz
You and your means the person in whose name we open the SplitPay Account.
Your Limit means an amount you can purchase using your SplitPay Account