1.1. Ourpay is a payment option available to You which allows You to pay for purchases by four instalments over a period of 56 days. Ourpay is available for purchases by You up to a total combined value of $500, or such other amounts as may be determined by Us from time to time (Credit Limit). Please refer to your Ourpay Account to see your available Credit Limit.
and the Payment Schedule will apply to that Order in addition to the Retailer’s Terms and Conditions. These will form your Contract with Us.
1.3. Subject to the terms of this Contract:
1.3.1. Once We approve your Order, You will receive an email from Us with a Payment Schedule;
1.3.2. You agree to make Payments in accordance with the Payment Schedule;
1.3.3. We will apply Payments made by You towards the Price of the Product and the relevant Delivery Fee notified to You when you place your Order; and
1.3.4. If any payment is not processed by the Due Date, Late Fees will apply as detailed in paragraph 4.
2. Your Payment Obligations
2.1. You must make Payments in accordance with the Payment Schedule, with the first Payment made at the time You place your Order and the remaining three Payments made on or before the Due Date.
2.2. The amount of each Payment will be determined by dividing the total of the Price of Products in your Order and the Delivery Fee by four, rounded down to two decimal places, with the exception of the final Payment. The final Payment is calculated as the difference between the total amount payable and the sum all Payments made prior to the final Due Date. Should your purchase exceed your Credit Limit, you will be required to pay any additional monies owed when making your order.
2.3. If a Due Date is a day that is not a Business Day, the Payment must be made by the Business Day after the Due Date.
2.4. You may pay the Payments due on each Due Date by any of the following payment methods:
2.4.3. American Express;
2.4.4. Masterpass; or
2.5. You must not pay, or attempt to pay, any Payment through any fraudulent or unlawful means.
2.6. You will have the option to select a preferred payment method and provide applicable card or account details (Nominated Payment Source) at the time You place your Order. You expressly consent to, authorise and instruct us to automatically charge or deduct the amount of the first Payment from your Nominated Payment Source at the time You place your Order, and the remaining three Payments from your Nominated Payment Source for the amounts and on the Due Dates set out in your Payment Schedule. You are responsible for ensuring You have sufficient funds in your Nominated Payment Source available to make a Payment on the Due Dates specified in your Payment Schedule.
2.7. If We are unable to successfully process any of your Payments, We reserve the right to re-attempt to process the Payment at a later time or date. We or our business partners may contact You by telephone, email or mail to inform You of the overdue payment and to organise payment of the outstanding amount.
3.1. If You are entitled to a refund of your Order in accordance with the Retailer’s terms and Conditions and you have paid one or more Payments, We will cancel any future Payments relating to that Order as well as refund any of the Payments You have already made.
3.2. If Your Order consists of a number of Products and You are entitled to a refund in relation to some but not all of those Products:
3.2.1. If You have made all Payments in accordance with Your Payment Schedule, We will refund to You the Price of the Products for which You are entitled to a refund; or
3.2.2. If You have paid one or more Payments but not all of the Payments, We will deduct the Price of the Products for which You are entitled to a refund from the amount outstanding to Us and:
188.8.131.52. If the amount of the refund is less than the amount outstanding to Us, We will adjust the amount of any remaining Payments due accordingly; or
184.108.40.206. If the amount of the refund is more than the amount outstanding to Us, We will refund the difference to You and cancel any future Payments relating to that Order.
4. Late Fees
4.1. If you fail to pay any amounts in accordance with the Payment Schedule, a Late Fee will apply on each payment that is due but not received. Late Fees will not be applied until the business day immediately following the Due Date.
4.2. We may, at our sole discretion, reasonably delay the application of, or waive wholly or partly, any Late Fee.
4.3. An initial $10 Late Fee will apply for each payment that is due but not received by us, with a further $5 Late Fee if the payment is still outstanding after one (1) week from the Due Date.
4.4. Late Fees are capped at 25% of the Ourpay Credit borrowed for that Purchase or $45, whichever is less:
4.4.1. For Orders purchased with an Ourpay Credit valued below $40, a maximum of one $10 late fee may be applied;
4.4.2. For Orders purchased with an Ourpay Credit valued between $40 and $180, the aggregate sum of the Late Fees applied will not exceed 25% of the initial Ourpay Credit borrowed; and
4.4.3. For Orders purchased with an Ourpay Credit valued $180 and above, a maximum of $45 of Late Fees may be applied.
4.5. All Late Fees are applied in full at either $10 or $5 and not partly calculated, subject to the caps above.
5. Interpretation and Definitions
5.1. Business Day means a day that is not a Saturday, Sunday or public holiday and on which banks are open for business generally in Sydney, New South Wales.
5.2. Credit Limit means the maximum amount of credit you are able to borrow from Ourpay.
5.4. Delivery Fee means the relevant delivery fee notified to you when You place your Order.
5.5. Due Date means the date that Payments are due, as specified in the Payment Schedule.
5.6. Late Fees means fees set out in paragraph 4.
5.7. Order means an order placed for Products.
5.8. Ourpay, Us, We or Our means Ozsale Pty Limited ABN 11 118 610 987 and its related entities.
5.9. Ourpay Credit means the value of credit borrowed at the time of purchase.
5.10. Payment or Payments means the payments set out in the Payment Schedule.
5.11. Payment Schedule means the part of this Contract entitled "Payment Schedule".
5.12. Products means goods sold by the Retailer.
5.13. Retailer means an ecommerce website that offers Ourpay as a payment method.
5.14. Returns Policy means the Retailer’s returns policy.
5.15. Terms and Conditions means the Retailer’s terms and conditions.
5.16. You or Your means the customer using the Ourpay product.