Payment Plan Terms & Conditions

Payment Plan Agreement

Effective Date: December 1, 2022

Parties:

Seller: Pilates Direct, located at 4/7 Salisbury Road, Castle Hill NSW 2154.

Buyer: The individual agreeing to and purchasing this payment plan reformer.

(The Seller and Buyer are collectively referred to as the "Parties")

Agreement:

In consideration of the mutual covenants and agreements contained herein, the Parties agree as follows:

Sale of Goods:

The Seller agrees to sell, transfer, and deliver to the Buyer the following goods (the “Goods”):

Pioneer Pilates PP-06 or PP-07 Foldable Reformer Package
Sitting Box, Jump Board
Pilates Accessory Pack (including Pilates Ring and Ball)

Purchase Price:

The Buyer agrees to accept the Goods and pay the Purchase Price as follows:

$2,719.50 for the PP-07 Package
$2,509.50 for the PP-06 Package

The Purchase Price does not include delivery charges. Payment will be made as follows:

A non-refundable deposit of $850 for the PP-06 Package or $950 for the PP-07 Package.
The remaining balance of the Purchase Price will be paid via direct debit as specified in Clause 5.

The Parties acknowledge the sufficiency of the consideration provided. Any applicable taxes, such as use, excise, or similar taxes, will be paid by the Buyer unless a valid tax exemption certificate is provided. The Purchase Price includes Goods and Services Tax (GST).

Payment Terms:

The Purchase Price will be paid in weekly installments of $42.55 for the PP-06 Package or $45.37 for the PP-07 Package, starting one week from the Agreement's commencement date and continuing weekly on the same day.

Default:

If the Buyer defaults on any obligation under this Agreement, the Seller may declare the entire remaining Purchase Price immediately due and payable.

Delivery of Goods:

The Goods will be considered delivered when they arrive at the Buyer’s address specified in the original order.

Risk of Loss:

Risk of loss for the Goods remains with the Seller until the Goods are received by the Buyer.

Warranties:

The Seller warrants that:

The Seller is the lawful owner of the Goods and has the right to sell them.
The Seller will defend the title of the Goods against all claims and demands.
The Goods will be fit for their ordinary intended purpose.
The Goods are free from any security interests or encumbrances, except those created by this Agreement until full payment is made.
The Goods will be delivered without any claims arising from patent or trademark infringement.

These warranties do not affect any manufacturer warranties applicable to the Goods.

Title:

Title to the Goods remains with the Seller until the Goods are delivered to and received by the Buyer or until a document of title or registrable bill of sale is provided to the Buyer with necessary endorsements.

Security Interest:

The Seller retains a security interest in the Goods until full payment is received.

Inspection:

The Buyer will inspect the Goods upon delivery.

Cooling-Off Period:

Unless a mandatory cooling-off period cannot be waived, the Buyer may rescind this Agreement and obtain a refund (excluding delivery, pickup, or installation costs) if written notice is given before 5:00 p.m. (AEST) on the tenth day after accepting this Agreement.

Claims:

Failure to notify the Seller of any claims within 10 days of delivery constitutes acceptance of the Goods and a waiver of all claims regarding the Goods.

Excuses for Delay or Failure to Perform:

The Seller is not liable for delays or non-delivery caused by factors beyond their control, including labor disputes, transportation shortages, material delays, priorities, fires, accidents, or other similar causes. If delivery is delayed beyond one month from the original order date, the Seller may terminate this Agreement with written notice to the Buyer, accompanied by a full refund of all payments made.

Remedies:

The Buyer’s sole remedy and the Seller’s liability for defective Goods are limited to the Purchase Price for the specific delivery associated with the claim.

Cancellation:

The Seller reserves the right to cancel this Agreement under the following conditions:

Failure by the Buyer to make any payment when due.
Buyer’s insolvency or bankruptcy.
Impairment of the Seller’s payment prospects.

Notice:

Notices or documents under this Agreement are sufficient if delivered personally or sent by prepaid registered post to the addresses below. Notices are considered given on the day of personal delivery or the fourth consecutive business day following posting.

Seller Address: Pilates Direct, 4/7 Salisbury Road, Castle Hill NSW 2154

Buyer Address: The individual purchasing the payment plan reformer

General Provisions:

Headings are for convenience and do not affect the interpretation of this Agreement.
Singular terms include the plural, and vice versa. Gendered terms include all genders.
Seller’s representations and warranties survive the closing of this Agreement.
The Buyer cannot assign or delegate their rights or obligations without the Seller’s written consent. Unauthorized assignments or delegations are void.
This Agreement is governed by the laws of the State of New South Wales, and the Parties submit to its courts’ jurisdiction.
If any clause is deemed unconscionable, it will be removed, and the remainder of the Agreement will remain in effect.
This Agreement benefits and binds the Seller and Buyer, including their successors and assigns.
This Agreement may be executed in counterparts.
Time is of the essence.
This Agreement constitutes the entire agreement between the Parties, and the Buyer acknowledges reliance solely on their own inspection and investigation, not on any Seller representations.

Direct Debit Terms Continued

By selecting and purchasing the Pilates Direct 'Payment Plan' products, you agree to the following terms and conditions which apply in addition to Pilates Directs existing terms of service. Capitalized terms not defined here have the meaning given to them in the Pilates Direct Terms of Service.

A 'Direct Debit' customer is any individual or entity who has purchased a Payment Plan product from Pilates Direct.

Limited to 1 Payment Plan Product per customer.

Please note: Debit Success charges a one off $12 administration fee that is added to your first weekly payment.

Missed Payments: If the client misses a weekly payment, a $14.95 overdue fee is applied by Debit Success who is the 3rd party company managing the payment plan agreements.

Cooling Off Period

Pilates Direct offers a 7 day cooling off period with its Direct Debit Payment Plan Option.

Any refund will not include costs of delivery or pick up or installation/de-installation. This cost will be deducted from the refunded deposit amount.

Security Interest

The Seller retains a security interest in the Goods until paid in full. If the client fails to make the payments or stops making payments as per the agreement, Pilates Direct reserves the right to claim back the goods provided & charge the reasonable amount to ship / collect the goods.

Direct Debit Coverage and Billing Cycles

Your first payment will be debited 7 days from completion of the agreement and then on a weekly basis thereafter until the payment plan is paid in full in accordance with Direct Debit's Terms.

By purchasing a Pilates Direct Payment Plan Product, you acknowledge that there are recurring payment features and you accept responsibility for all recurring payment obligations. If you require any further information or need clarification, contact the team at admin@pilatesdirect.com.au

Third Party Direct Debit Provider

Pilates Direct uses a well known and trusted Third Party Direct Debit billing provider, Debit Success. When purchasing a payment plan product you are also entering into an agreement with Debit Success.

You the customer, can find all relevant details and terms and conditions for Debit Success on their website prior to and after purchasing a Pilates Direct Payment Plan product- please click the following link: https://debitsuccess.com.au/