KYHA STUDIOS PTY LTD

onedayPAY AGREEMENT

1. General1.1. onedayPAY allows you to purchase certain KYHA products (Product) by way of instalment payments. onedayPAY is governed by these terms and conditions and the further details of your order set out in the online portal that you have created on our Website (Portal) (together, the Agreement).

1.2. The terms and conditions set out in the KYHA Studios OnlineTerms and Conditions (https://kyhastudios.com/policies/terms) will otherwise govern your access to and use of the Website. To the extent that there is any inconsistency between the KYHA Studios Online Terms and Conditions and this Agreement, the terms set out in this Agreement prevail.

1.3. References to KYHA Studios, us, our or we in this Agreement are references to KYHA Studios Pty Ltd ABN 60159 556 788.

2. Placing an order for Products on onedayPAY2.1. onedayPAY is only available for gowns purchased on the website (including party gowns, skirts and tops).

2.2. onedayPAY is not available for accessories, bags, clutches or apparel, or for other products specified as being unavailable for onedayPAY on the Website.

3. Fees and charges for onedayPAY orders3.1. The total charges payable by you under this Agreement is the total of ;a) the price of the Product stated on the Website at the time you place the order;b) the rush fee or additional fees (e.g. split size fee and customisation fees) notified to you when you place your order (if any), and) the delivery fee notified to you when you place your order (if any),(Purchase Price).

3.2. At the time of placing your order for the Product on onedayPAY, the Payment Schedule will be confirmed to you. The length of the payment plan will be 2 months, 4 months, or 6 months from the date of order, and is dependent upon the gown selected.

3.3. The Purchase Price is payable by way of a deposit (payable on the date of order) and monthly instalments as set out in the Payment Schedule accessible through your Portal. The deposit payable is equal to the first instalment.

3.4. The instalment amounts (including the deposit) due on each of the payment dates specified in the Payment Schedule will be determined by dividing the Purchase Price by the number of instalments (including the deposit) payable, rounded down to two decimal places, except the final instalment, which will be the total amount outstanding.

3.5. At the time of placing your order, you will be required to pay a deposit as set out in the Payment Schedule. The deposit payable is equal to the first instalment.

3.6. The instalment amounts (excluding the deposit) will be drawn via direct debit monthly thereafter.

3.7. The second instalment amount will be drawn onemonth following the month the order is placed. For example, if the order is placed on 6 June 2020, the deposit is payable on 6 June 2020, the second instalment is payable on 6 July 2020 and each subsequent instalment is payable on the 6th of each month thereafter.

3.8. We will charge you, and you agree to pay, each instalment amount (including the deposit) by the payment date specified in the Payment Schedule.

3.9. All fees and charges identified in this include GST where applicable.

3.10. If for any reason whatsoever we are unable to successfully process any of your payments including due to there being insufficient funds in your account, card cancellation or card expiry, you will have a further 48 hours to pay. If you fail to pay within 48 hours of the due date, we will charge you a 10% default fee on the defaulted amount.

4. Cancelling or varying a onedayPAY order4.1. We may terminate this Agreement and cancel your onedayPAYorder for the Product, but only if:a) you have breached a term of this Agreement;b) we are no longer engaged in trade or commerce, orc) the Product is no longer available.

4.2. If we cancel your order in accordance with clause 4.1, we will endeavour to provide you with reasonable notice of that cancellation and will refund to you all the amounts paid by you under this Agreement.

4.3. You may terminate this Agreement and cancel a onedayPAY order by emailing us at [email protected] prior to the Product being delivered to you.

4.4. If you cancel your onedayPAY order in accordance with clause 4.3 we will refund any amounts paid by you under this Agreement less the termination fee. The termination fee payable by you is:a) For a Chosen Standard Size Gown 25% of the Purchase Price;b) For a Chosen Customised Gown 50% of the Purchase Price;c) For a KYHA Gown - 70% of the Purchase Price.

5. Title and delivery

5.1. Title to the Product free of encumbrances and all other adverse interests will pass to you on payment of the final instalment of the Purchase Price.

5.2. The Product will not be delivered to you until the Purchase Price has been paid in full.

5.3. The Product will be delivered to you at the address nominated by you in the order and as listed on your Portal.

5.4. If this Agreement is terminated after the Product is dispatched to you (and we are not able to stop the delivery), then upon delivery, you must refuse delivery of the Product and return to the sender at our cost.

6.Definitions6.1. GST has the meaning it has in the A New Tax System (Goods And Services Tax) Act 1999 (Cth).

6.2. Website means KYHA Studios shopping site a kyhastudios.com.

6.3. A Chosen Standard Size Gown is a gown from our Chosen Collection that is made to a standard size.

6.4. A Chosen Customised Gown is a gown from our Chosen Collection that is customised to the customer including but not limited to split sizes, the addition of buttons or hem length.

6.5. A KYHA Gown is a gown from our KYHA Collection.

KYHA Studios PTY LTD ABN: 60 159 556 7882 Hotham Street, South Melbourne, 3205 Victoria Australia Phone: +61 3 8103 5046