Terms of service
LayawayAU – Lay-by Purchase Agreement
ABN:14 767 201 260
Terms & Conditions
⸻
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:
⸻
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
Privacy Officer Layaway AU Ltd, 9/204 Alice Street, Brisbane City, Brisbane, Queensland, Australia