Orka Monthly Installments Agreement

Last Updated: Dec 19, 2022

THE TERMS AND CONDITIONS BELOW CONSTITUTE AN AGREEMENT BETWEEN ORKA INC., ("ORKA," "WE," OR "US") AND THE USER ADOPTING THE ORKA MONTHLY INSTALLMENTS PAYMENT OPTION, COMING INTO EFFECT THE DATE YOU AGREE TO USE THIS OPTION FOR YOUR PURCHASE OF ORKA'S PRODUCTS AND SERVICES.

You must agree to this agreement, including the parts that allow us to initiate payments from the payment methods you choose when you make the purchase, so as to make the payment plan proceed as planned.

By selecting this payment option for your purchase of Orka's products and services from Orka's website, you also agree to the Terms of Service and Privacy Policy, which are incorporated into these Terms and Conditions, which will apply to your purchase with the Orka Monthly Installments payment option.

How it works

• Use a credit card and provide us with the information needed in order to successfully initiate payments from the card.
• The first payment will be charged when we approve your order request, usually on the same date you place your online order.
• The subsequent payments will be charged on a monthly basis following your first payment.
• Orka charges an APR of 8.5% on the Orka Monthly Installments and no additional fees unless you fail to make any of the payments
• If you are due a refund from Orka on a returned order, we will refund the amount you have actually paid by the date we receive your returned order back to your original payment method.
• For any questions concerning your order, please contact us at ca.support@hiorka.com.
• We may charge a late fee up to $10 CAD if you fail to make any of the arranged payments on time. The late fee will be charged ten (10) calendar days after the scheduled payment date. (this will never exceed 25% of your monthly payment amount).
• You card issuer or financial institution may charge an interest or additional fees under your agreement with them. If you have questions regarding the charges, please contact your card issuer or financial institution.

Total Purchase Amount: The total purchase amount equals the total amount of all monthly payments. The total amount and number of monthly payments will be displayed at the check out page when you place a purchase or trial order.

Payment Methods: For Orka Monthly Installments, we only accept credit cards that are not scheduled to expire in the near future. We do not accept debit cards and prepaid cards.

Payment Method Change: You may change your payment method at any time. To change the payment method, contact us at ca.support@hiorka.com at least seven (7) calendar days before the scheduled date for making the corresponding monthly payment. We may require certain information in order to be authorized to charge from your new payment method, which is also bound by this Agreement.

Storing Payment Method Details: By agreeing to the terms and conditions of this Agreement, you also authorize us to store your payment method details. The information you supply will be used to activate future charges as set forth in this Agreement. We may also obtain updated information regarding your payment method from your bank, you agree to authorize us to use this information when needed.

Late Fee: If any of your monthly payments remains unpaid after the due date, you authorize us to charge a late fee up to $10 CAD, except where prohibited by applicable laws and regulations. The late fee will never exceed 25% of each monthly payment amount.

Returns: To return your order within the 45-day free trial, contact us at ca.support@hiorka.com and we will generate a return label to be attached on your returned box. We will process your refund once we receive your order. The 45-day free trial does not apply in conjunction with other promotions such as the Free Try-On Program.

Refund: Your refund will be issued to the same payment method you used when making your purchase on Orka' s website. The warehouse will do an inspection on your return, which usually takes up to three (3) business days. Once the inspection is finished, we will process your refund within one (1) business day and the refund should be back to your original payment method within ten (10) business days . However, this is also subject to the bank that processes the refund.

Default: Except where prohibited by applicable law, you will be put in default if you: (a) are unable to make any of the payments by a due date; (b) become the subject of insolvency proceedings; (c) provide us with false, deceptive, or erroneous information; (d) a payment is returned to us by your bank; or (e) violate or are unwilling to adhere to any provision in this agreement.

When you are in default, we may: (i) collect your unpaid payments by resorting to a debt collection agency; and (ii) report your default information to credit bureaus. You will be banned from future use and purchase of Orka product and service if you are in default.

Complaints: If you have any complaints about Orka, contact us at ca.support@hiorka.com by sending emails with 'Complaint' as a keyword in the subject line and we will attempt to resolve your complaint as quickly as we can.

PAYMENT AUTHORIZATION

THE TERMS AND CONDITIONS OF THIS PAYMENT AUTHORIZATION (1) PERTAIN TO ALL SCHEDULED PAYMENTS WE HAVE ARRANGED UNDER ORKA MONTHLY INSTALLMENTS AND (2) AUTHORIZE US TO INITIATE ADDITIONAL PAYMENTS IN THE EVENT YOU ARE UNABLE TO PAY ON TIME. PLEASE READ IT CAREFULLY BEFORE YOU AGREE TO THIS AUTHORIZATION. By agreeing to this Payment Authorization, you are authorizing us to initiate any charges to any credit cards you provided as an applicable payment method when you made the purchase, for the amounts due under the Agreement and as set forth below (collectively, "Payments").

Authorization for Initial Payment: For the first payment that we deliver to you, you authorize us to initiate a credit card payment using the payment method you supply in the amount displayed on the Order Summary. The initial payment will occur on or soon after the date we confirm and approve your order.

Authorization for Recurrent Installment Payments: For the following scheduled payments under your Orka Monthly Installments that we deliver to you, you authorize us to initiate recurrent payments in the amount displayed on the Order Summary, on or soon after the scheduled dates (discounts may apply).

Authorization for Vary Amounts: We will provide electronic notice via email about any installment payments of which the amount differs from the amount originally scheduled under your Orka Monthly Installments. You agree that we need not provide electronic notice if the amount of the payment is less, or no more than the originally scheduled amount.

Authorization for Additional Fees: For the late fees caused by a failure to pay your monthly installments payments on time, you authorize us to initiate separate payments from the payment method you provided as late fees, on or soon after the scheduled dates displayed on the Payment Orders.

Reinitiating a rejected charge: Except where prohibited by applicable laws, you authorize us to reinitiate payments if any of your payments under this payment authorization is rejected or returned unpaid. However, you agree that we are not obliged to reinitate any payments described above such as rejected or unpaid charges.

Fees Charged by Your Card Issuer: You agree that we have no liability to you for fees imposed by your card issuer or financial institution in relation to a rejected charge. If you are recognizant of a payment that will be rejected by your card issuer for reasons such as exceeded credit limit, you should inform us of the situation so that other payment methods can be arranged to avoid such occurences.

Changing Your Payment Methods: To change your payment method during an Orka Monthly Installments term, please contact us at ca.support@hiorka.com at least seven (7) calendar days ahead of the next scheduled payment date. Otherwise, your changes might not be in effect for the subsequent payment.

Revocation and Termination: We reserve the right to cancel your enrollment in recurrent payments at any time, in our sole discretion, such as multiple times of failed attempts to charge payments from your payment method. If your authorization is cancelled by you or us, you will still be held accountable for making remaining payments under Authorization by a new payment method that you supply.

In the event we fail to charge your payment, we will send an email asking for another effective payment method supplied by you. If you do not reply to this email by providing a new payment method, we will cancel your enrollment in following payments. This authorization does not prevent you from terminating your payments by contacting your card issuer or financial institution.

Confirmation of Account or Card Status: By agreeing to this Authorization, you authorize us to verify the payment method you supply to determine whether a payment will be successfully charged, including by initiating an authorization request, non-monatery or other similar entries to acquire balance information from your card issuer or financial institution. We are under no obligation to initiate any of your payments under this Authorization if we fail to verify the payment method you supply or if the information we obtain indicates a payment that will likely fail.

Miscellaneous: You promise that the Payment Method is legitimate, open and active and that you are an authorized user on such account(s). You understand that this Authorization is subject to applicable law and network rules.