Terms of service

LayawayAU – Lay-by Purchase Agreement

ABN: 14 767 201 260

Email: contact@layawayau.com

Version AU-2026-09-10, published 2026-09-10.

IMPORTANT NOTICE

This is a lay-by agreement.

If You cancel this lay-by agreement, We may charge a cancellation fee.

1. Definitions

In these Terms:

"Agreement" means this Lay-by Purchase Agreement, including these Terms and any Specific Terms provided at checkout.

"Business Day" means a day that is not a Saturday, Sunday or public holiday in Queensland, Australia.

"Cancellation Charge" means the fee payable under clause 5.

"Delivery Address" means the address provided by You for delivery.

"Payment Plan" means the agreed schedule of instalments.

"Payment Date" means each scheduled payment date.

"Products" means the goods You are purchasing.

"Total Price" means the total purchase price of the Products.

"We" / "Us" / "Our" / "LayawayAU" means Layaway AU and its related entities.

"You" / "Your" means the customer entering into this Agreement.

2. Nature of this Agreement

This is a lay-by agreement.

It allows You to secure Products and pay for them over time through instalments.

• You do not receive the Products until the Total Price is paid in full
• Ownership of the Products remains with Us until full payment is received
• The Products are reserved for You and will not be sold to another customer while this Agreement remains active

3. Payments

You agree to pay the Total Price in accordance with the Payment Plan.

• Payments will be made via direct debit or other approved payment methods
• You must ensure sufficient funds are available on each Payment Date

If a payment fails, We may:

• Retry the payment
• Adjust your Payment Plan
• Treat the Agreement as cancelled under clause 7

You may request changes to your Payment Plan, and We may approve such requests at Our discretion.

4. Cancellation by You

You may cancel this Agreement at any time before delivery of the Products.

To cancel, You must contact Us at: contact@layawayau.com

5. Cancellation Charge

If You cancel this Agreement:

• You are entitled to a refund of instalments paid
• We may deduct a Cancellation Charge

The Cancellation Charge is:

• 15% of the Total Price, or
• $230,

whichever is less.

This charge represents a reasonable pre-estimate of costs incurred, including administrative costs, payment processing fees, handling, and loss associated with reserving stock.

We may deduct this amount from any refund due to You.

6. Limits on Charges

In accordance with the Australian Consumer Law:

• We will not charge any amount other than the Cancellation Charge if You cancel
• The Cancellation Charge will never exceed the total amount You have paid

7. Cancellation Due to Missed Payments

If You fail to make a payment:

• We may treat the Agreement as cancelled by You
• The Cancellation Charge may apply

We may, but are not required to, provide notice or an opportunity to remedy missed payments before cancellation.

8. Cancellation by Us

We may cancel this Agreement if:

• You breach these Terms
• Payments are missed
• The Products become unavailable
• We cease trading

If We cancel:

• You will receive a full refund of all payments made
• No Cancellation Charge applies

9. Product Availability

If the Products are no longer available:

• We may offer a substitute product
• You may accept or decline the substitute

If You decline:

• The Agreement will be cancelled
• You will receive a full refund

10. Delivery

• Products will only be delivered once full payment is received
• We aim to dispatch within 20 Business Days of final payment
• You must provide an accurate Delivery Address
• Risk passes to You upon delivery

11. Title and Risk

• Ownership remains with Us until full payment is received
• Risk transfers to You upon delivery

12. Refunds

• Refunds will be processed within 10 Business Days
• Refunds will be returned to the original payment method

13. Direct Debit

By entering this Agreement, You authorise Us (and our payment provider) to debit Your account in accordance with your Payment Plan.

• You must ensure sufficient funds are available
• Your bank may charge fees for failed payments
• You may cancel direct debit arrangements through Us or Your bank

This authority is subject to the terms of the applicable direct debit service agreement.

14. Third-Party Payment Provider

We use Zepto Payments Pty Ltd as our payment provider.

By entering this Agreement, You agree to Zepto's terms and conditions, including its Direct Debit Request Service Agreement, available at:

• www.zepto.com.au
• www.zepto.com.au/ddrsa
• www.zepto.com.au/ddr

15. Your Information

You agree that:

• All information You provide is accurate
• You will update Us if your details change
• We may rely on your last provided contact details

16. Consumer Guarantees

Nothing in this Agreement excludes, restricts or modifies any rights You have under the Australian Consumer Law.

17. Eligibility

You must be 18 years or older to enter into this Agreement.

18. General

• If any part of this Agreement is invalid, the rest remains enforceable
• We may assign our rights under this Agreement
• Our failure to enforce any right does not waive that right

19. Product Transfer

Before delivery, you may ask us to transfer this Agreement to a different Product (a "Product Transfer"). A Product Transfer is made through your online account or by contacting us, and takes effect when you accept the new Agreement for the new Product.

• On a Product Transfer, this Agreement ends. No Cancellation Charge applies to ending it by Product Transfer
• The amount you have already paid under this Agreement (less any amount already refunded to you) becomes the opening amount paid under the new Agreement. No money is refunded and no money is taken on the Product Transfer itself
• Before the Product Transfer takes effect, we will show you the Total Price of the new Product, the amount carried across, the balance remaining, your new payment schedule and these terms, and you must accept them. The new Agreement is a new agreement on these terms
• If you later cancel the new Agreement, or it is cancelled under Section 7 or 8, the Cancellation Charge is the higher of: (a) the Cancellation Charge that would have applied had you cancelled this Agreement on the date of the Product Transfer; and (b) the Cancellation Charge under the new Agreement. The Cancellation Charge will never exceed the total amount you have paid, including the amount carried across
• A Product Transfer is only available to a Product whose Total Price is equal to or more than the amount carried across. Where the amount carried across equals the Total Price of the new Product, the new Agreement is paid in full on the Product Transfer and the new Product is delivered in the ordinary way under Section 10
• We may refuse a Product Transfer if the new Product is unavailable, cannot be sold under these terms, or if this Agreement has been cancelled, completed, or has a payment in dispute
• Your Direct Debit Request continues for the new Agreement on the account you confirm when you accept it, and Sections 13 and 14 apply to the new payment schedule