• 2.1. Any application is subject to our internal credit approval criteria, these terms and conditions, and the Act. Subject to the Act, we have the discretion to decline your application if you do not meet our requirements, to determine any transaction amount and we have the right to withdraw the transaction at any time.
• 2.2. Your application will be considered based on the information you have provided to us. You warrant that the information is true, accurate and correct.
• 2.3. Upon successful application we will provide you with a pre-agreement statement and quotation which will set out your credit costs and further details of the credit transaction as required by the Act. The transaction amount (this is the credit amount that you qualify for based on affordability criteria) is the maximum purchase amount allowed and is indicative of what you may spend. Your transaction amount can only be spent on a single transaction; meaning that if you spend less than the maximum amount when purchasing in-store, you will owe the amount spent but will not have access to the balance at a later stage.
• 2.4. You will have 30 days from the date of the pre-agreement to make your purchase.
• 2.5. On acceptance of the quotation, these terms together with the pre- agreement statement and quotation will form the agreement between us.
• 2.6. When you purchase on your Bigger Buys facility, swipe your card and sign the invoice for the purchase, these actions will constitute your signature and acceptance of the terms and conditions.
• 2.7. You are requested to provide us with information on any changes to your financial position, income and/or your ability to pay us; to enable us to review your affordability assessment and to apply such relief, as may be indicated by the NCA.

• 3.1. You will be issued with a Mr. Price Bigger Buys card which you must sign using a ballpoint pen.
• 3.2. You are the only person who may use your card and you cannot transfer it to any other person or authorise any other person to use it.
• 3.3. Ownership of the card(s) vests with us and you must return the card(s) on demand.
• 3.4. You may use the card to make a Bigger Buys purchase at Mr. Price Home, Mr Price Sport and Sheet Street You cannot complete your purchase until we issue you with a card. You must produce your card or account number for payment of your installment.
• 3.5. You are responsible for the safekeeping of the card. If your card (or extra (additional) card) is stolen, you must immediately notify us by phoning 08610 66639. If you fail to notify us that your card or extra (additional) card is lost or stolen, you will be liable for any activity on the account until such time as such card/s is reported lost or stolen.

• 4.1. We will send your monthly statement to you by email or SMS, as chosen by you. The statement will show, amongst other information as required by Regulation 35 of the NCA:
  • 4.1.1. the total amount owing as at the statement process date;
  • 4.1.2. the initial purchases made on the Bigger Buy agreement;
  • 4.1.3. any financial service or service charges for the month;
  • 4.1.4. the annual interest rate applicable;
  • 4.1.5. the amount of interest being charged for the month, should the account be in arrears, an arrears interest will also be charged to the account.
  • 4.1.6. the minimum amount you must pay by the due date.
• 4.2. Non-receipt of your statement does not free you from your obligation to pay any amount due to us as you can obtain information from us about your account and your balance by telephoning 08610 66639 during normal office hours.
• 4.3. We must receive at least the minimum instalment due as indicated on your statement, or the amount of R25 (whichever is the greater) on or before the due date as indicated on the statement.
• 4.4. You may prepay any amount owed to us at any time. Prepayment will reduce the repayment period on your account, where monthly payments in still expected until such time there is no balance owing on the account.
• 4.5. Statements are accepted as correct unless queried within 60 days

• 5.1. The interest rate applicable to your transaction is the interest rate quoted on your pre-agreement statement and quotation, being the maximum amount permitted by the NCA from time to time. This maximum NCA rate is linked to the SA Reserve Bank Repurchase Rate ("Repo Rate"). and subject to a formula provided for in the NCA.
• 5.2. Whenever the Repo Rate increases or decreases or the formula in terms of the NCA changes, the interest rate payable by you may increase or decrease accordingly. Changes thereto will be notified to you in writing by way of your monthly statement.
• 5.2. Interest will be calculated at the start of the agreement using a daily calculation on the full outstanding balance. Arrears interest will be charged on the principal outstanding amount.

• 6.1. We will charge you a monthly service fee. The initial monthly service fee payable will be specified in the pre-agreement statement and quotation and/or otherwise notified to you in writing. At our discretion the monthly service fee may be increased from time to time provided that it will not exceed the maximum as prescribed by the National Credit Act. The monthly service fee will be debited to your Bigger Buys account each month. The monthly service fee may from time to time be waived by us in whole or in part in our sole discretion.
• 6.2. We may charge you an initiation fee on opening your account which will be specified in the pre-agreement statement and quotation. The initiation fee, if applicable, must be paid by you in your first installment payment.

• 7.1. We will notify you in writing if you are in default and we will suggest that you refer the agreement to a debt counsellor, alternative dispute resolution agent, consumer court or ombud with jurisdiction, to resolve a dispute in terms of the agreement or to agree on a plan to bring the payments up to date.
• 7.2. If you have been in default for at least 20 business days and at least 10 business days have passed since we sent you notice and you have not responded to the notice, or have responded by rejecting our proposals, we may cancel the agreement or approach a court for an order to enforce the agreement. The 20-day and 10-day periods may run simultaneously.

• 8.1. If your account goes into arrears:
• 8.1.1. default information will be submitted to the credit bureau in terms of the Act, and this may affect your ability to obtain further credit; and
• 8.1.2. We may give you 10 days' notice to settle before closing your account. If we close your account, you will be required to pay the account in full; and give you 10 days' notice to settle before closing your account. If we close your account, you will be required to pay the account in full; and
• 8.1.3. we reserve the right to charge you interest, at the same rate as indicated in the pre-agreement statement, and default administration charges should your Account be in arrears or should you be in breach of this agreement, and any collection costs that we may incur in enforcing your monetary obligations under this agreement. These fees, charges and costs will not exceed the maximum allowed by the National Credit Act.
• 8.1.4. your account may be handed over to a debt collecting agency for recovery of amounts due and you will be charged costs which will not exceed those allowed by the NCA and Debt Collectors Act if applicable; and
• 8.1.5. if we have to institute legal action against you (issue a summons) you will be liable for all legal costs including legal costs, collections costs and tracing fees.
• 8.2. The above costs will be debited to your Bigger Buys account, as well as such other charges and fees as provided for in the NCA.
• 8.3. Judgement may also be taken against you.

A certificate signed by any of our managers (whose appointment and authority need not be proved) in which the amount of your indebtedness to us and the interest rate applicable to your agreement is stated, shall be sufficient proof of your indebtedness in any legal proceedings and shall be regarded as prima facia proof until you prove that the amount or the interest rate is incorrect.

If for any reason or purpose we do not immediately enforce or implement any of our rights in terms of this agreement, it does not mean that we have abandoned, given up or waived such rights.

In terms of section 45 of the Magistrate's Court Act, 32 of 1944, ("MCA") you hereby consent that we may institute any legal proceedings that have to do with this agreement or your account, in the Magistrate's Court, being any Magistrate's Court, which in terms of section 28 of the MCA, has jurisdiction. We can however choose to institute action against you in any other court having jurisdiction.

The home address you gave us when completing the application form is the address which you choose where legal notices and any process may be served on you (your “domicile address”) in the manner you elected in your Application. Your mail address (be it residential, postal or electronic) will be used to forward statements, notices or other communication. You must inform us if you move to another address or change your address.

• 13.1. You agree that we may:
  • 13.1.1. make enquiries to confirm any information provided by you in your application or at any time during agreement;
  • 13.1.2. submit to any credit bureau or third party (with whom you have financial relations at any time) any information as provided by you about you or your application, the opening or closing of this agreement or your account;
  • 13.1.3. seek, verify and receive information from the persons in 13.1.2 above when assessing your application or your credit worthiness, and also at any time during the existence of your account;
  • 13.1.4 provide, disclose and register the existence of this agreement and any personal information and detail relating thereto, the persons in 13.1.2 above, sharing positive and negative information about you or your credit account, including non- compliance with this agreement.
• 13.2. You acknowledge and understand the credit bureau will provide us with credit profile information and a credit score reflecting your credit- worthiness.
• 13.3. We will be entitled to obtain and disclose the above information
  • 13.3.1. if we think it necessary or may be of benefit to you;
  • 13.3.2. where we are legally compelled to do so;
  • 13.3.3. where it is in our, or the public interest to so disclose.
• 13.4. You agree that the personal information provided by you, may be used by any division of the Mr. Price group, including Mr. Price Cellular and Mr. Price Insurance for marketing and related purposes. Should you not wish us to use your information for this purpose you must advise us thereof in writing by emailing us on [email protected].
• 13.5. You waive any rights or claims you may have against us relating to the provision of information by or to us in terms of this agreement.
• 13.6. You have the right to contact the credit bureau, have your credit records disclosed to you, to challenge such information and have inaccurate information corrected. The credit bureaus used by us are:
• XDS: 011 645 9100;
• TransUnion Credit: 0861 48 24 82;
• Experian Credit Bureau: 0861 10 56 65.
• 13.7. You can also file any complaints with the National Credit Regulator on 0860 627 627 or contact the National Credit Tribunal.

• 14.1. We will monitor and record all phone calls with you.
• 14.2. You confirm that the terms and conditions and the meaning and consequences of this agreement have been presented and explained to you in a language that you understand. The risk relating to the agreement as well as your rights and obligations have also been explained to you.
• 14.3. If you are married in community of property, you confirm that you have obtained the permission of your spouse to open this Account and to accept increases in the Maximum Credit Limit and/or Credit Limit applicable to your Account.
• 14.4. We are entitled at any time to cede, assign or transfer any or all of our rights and obligations hereunder to any person.
• 14.5. We will not be held liable for any loss or damage sustained by you or a third party regarding either the application for credit or regarding this agreement.
• 14.6. If we cannot enforce any condition under this agreement, it will not affect any of the other conditions under this agreement.
• 14.7. In order to be valid and binding, and unless such amendment is made in accordance with the NCA, any changes or amendments to this agreement must either be made in writing or be recorded telephonically and thereafter verified by us in writing. We may however at any time amend or replace these terms and conditions and if we do so, it does not mean a novation of the agreement, any transaction or your indebtedness (meaning that a new agreement does not come into place).
• 14.8. The pre-agreement quotation and these terms and conditions, forms the whole agreement between you and us regarding your credit facility, and this is governed by and interpreted in accordance with the laws of the Republic of South Africa.
• 14.9. You have the right to be excluded from any -
  • 14.9.1. telemarketing campaign that may be conducted by or on behalf of us;
  • 14.9.2. marketing or customer lists that may be sold or distributed by us, other than as required by the NCA; or
  • 14.9.3. mass distribution of email or SMS messages.

• 15.1 terms of POPIA:
  • 15.1.1. we are committed to safeguarding the privacy of your personal information or personal data ("PI").
  • 15.1.2. we collect, store and process your PI in a responsible manner in line with our group Privacy Policy which can be found at https://www.mrpricegroup.com/mr-price-group-privacy-policy.aspx.
• 15.2. Should you have any concerns relating to our Privacy Policy, or the manner in which we collect, store and process your PI, you may submit an email to [email protected].