Layby Contract Agreement

"Agreement" means this agreement, which comprises the Specific Terms and the General Terms.

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

"Cancellation Charge" means the cancellation charge set out in the Specific Terms, being 15% of the purchase price of the Products, capped at $250 NZD.

"Delivery Address" means the address for delivery advised by You to Us when You enter into this Agreement or such subsequent address You advise to Us.

"General Terms" means these general terms and conditions.

"Payment Date" means a date for payment of an instalment payment under the Payment Plan.

"Payment Plan" means the frequency, number and amount of the payments set out in the Specific Terms.

"Products" means the product or products described as such in the Specific Terms.

"Specific Terms" means the terms set out on the front and back page of this Agreement.

"Substitute Products" means substitute products similar as to type, specification, standard and price as the Products.

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

"We", "Our", "Us" and "Layaway" means Layaway together with Our successors and assigns.

"Website" means Our website listing products for sale by Us.

"You" means the person (or persons) named in the Agreement as the "Customer".

2.1 This Agreement is a "lay-by agreement". A lay-by agreement gives You an option to acquire goods by paying the instalments for the goods when due. You may terminate this Agreement at any time prior to the time the Products are delivered to You.

2.2 If You terminate this Agreement, You are entitled to a refund of any instalments You have paid but You must pay Us the Cancellation Charge. We may set off the Cancellation Charge against any amount We are required to refund to You.

2.3 By law, We are not permitted to recover any amount from You, other than the Cancellation Charge, if You terminate this Agreement.

2.4 If You fail to make a payment under this Agreement on the Payment Date for that payment We may treat this as an election by You to terminate this Agreement.

2.5 We may also terminate this Agreement under clause 9. If We do so We must refund to You all instalments You have paid and no Cancellation Charge is payable by You.

2.6 No Cancellation Charge is payable if You terminate this Agreement due to Our breach of contract.

2.7 The Cancellation Charge is set out in the Specific Terms. However if the Cancellation Charge set out in the Specific Terms exceeds the actual instalments You have paid, We will cap the Cancellation Charge at the amount of those instalments.

2.8 The Products will not be delivered to You until We have received the Total Price from You.

3.1 Please review these terms to confirm You are comfortable with the terms of this Agreement.

3.2 If You disagree with any provision of this Agreement, You should consider whether You wish to proceed before making any payments.

4.1 Your completed online application is an offer to Us to enter into this Agreement.

4.2 Once We have received that offer We will notify You whether or not We accept the offer. If We accept the offer then this Agreement starts when We notify You of that acceptance.

4.3 If We notify You We do not accept the offer then this Agreement will not take effect. If We have received any money from You We will refund it and no amounts are payable by You.

5.1 Where a Product is discontinued, superseded or otherwise unavailable before delivery, We may supply the manufacturer's current equivalent replacement model of the same brand, product category and substantially equivalent or better specifications and functionality, at no additional cost to You.

5.2 A replacement Product supplied under clause 5.1 will be deemed to satisfy Our obligations under this Agreement where it is the manufacturer's current equivalent model or otherwise provides substantially equivalent or better features and value.

5.3 If no equivalent replacement Product is reasonably available, We may offer You an alternative Substitute Product. You have no obligation to accept an offer of a Substitute Product.

5.4 If no equivalent replacement Product is available and We do not offer, or You do not accept, a Substitute Product, this Agreement will be terminated in accordance with clause 9 and all amounts paid by You will be refunded to You in full. No Cancellation Charge will apply.

6.1 We accept payments by direct debit, credit card, and debit card.

6.2 When You enter into this Agreement, You can choose a Payment Plan which suits Your needs. The instalment amount and frequency will determine when You will pay the Total Price and be entitled to delivery of the Products.

6.3 To exercise Your option to acquire the Products, the Total Price must be paid in accordance with the Payment Plan. If You wish to make changes to the Payment Plan or change Your payment method, please contact Us. We may at Our sole discretion accept any reasonable request from You to change the Payment Plan or payment method.

6.4 If You fail to make a payment, We may do any one or more of the following:

6.4.1 recalculate the number and dates of the payments, including, without limitation, increase the number of payments to ensure that You are able to pay the balance of the Total Price by the date envisaged in the Payment Plan; or

6.4.2 treat that failure as an election by You to terminate this Agreement.

6.5 If You want to reschedule a payment for any reason, please contact Us at least one (1) Business Day before the payment is due. If We permit You to reschedule a payment, then the payment will be due on the rescheduled date.

6.6 Credit and debit card payments are subject to successful authorisation. We may charge a reasonable card processing fee (if any) which will be disclosed to You before payment is taken.

7.1 You may terminate this Agreement at any time and for any reason prior to the time the Products have been delivered to You.

7.2 To terminate this Agreement You should email Us at retentions@layawaydepot.co.nz and let Us know You wish to terminate this Agreement.

7.3 If You terminate this Agreement You are entitled to a refund of Your instalments paid to date but You must, subject to clause 2.6, pay the Cancellation Charge in accordance with clause 2.

8.1 All refunds will be processed within 10 Business Days. Refunds will be returned to the original payment method (bank account for direct debit, or the card used for credit/debit card payments).

8.2 Refunds will only be sent to another bank account or card if the first refund attempt is rejected by the bank or card provider.

9.1 We may terminate this Agreement by notice to You (including notice by email) if:

9.1.1 You breach a term of this Agreement;

9.1.2 We cease to be engaged in trade or commerce;

9.1.3 in accordance with clause 5, if the Products to which this Agreement relates cease to be available.

10.1 We will endeavor to deliver the Products to the Delivery Address within twenty-one (21) Business Days of receiving from You the Total Price. Prior to delivery We will contact You to confirm Your Delivery Address.

10.2 If You want to change Your Delivery Address from that set out in the Specific Terms, please make sure You update Us before Your final payment is made.

10.3 If We are unable to contact You because Your contact details are incorrect or for any other reason We are unable to make delivery to the Delivery Address, We may hold the Products You have purchased until We can make contact with You to confirm Your current delivery address or until We are able to make delivery.

10.4 Your delivery address must be Google Maps verified.

Title in a Product remains with Us until We have received full payment of the Total Price and the Product has been delivered to You. A Product remains at Our risk until We have delivered it to You.

Nothing in this Agreement limits any rights You have under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or any other applicable New Zealand consumer protection legislation.

13.1 You must ensure that the information You provide to Us (both in Your initial application and during the term of this Agreement) is accurate. If any details You have provided to Us change (including Your contact details) You must notify Us as soon as practicable and in any event within 5 Business Days.

13.2 If You have not notified Us of any updated email or delivery address, then a notice to the prior email address or delivery address of which We have notice will be treated as a valid notice under this Agreement.

13.3 You may request from Us a written statement at any time which sets out the Total Price, the amount You have paid to date, the amount of any Cancellation Charge payable and the amount outstanding under the Payment Plan. We will forward the statement to You within seven (7) days of receiving Your request.

14.1 You may only enter into this Agreement if You are 18 years of age or over.

14.2 If We exercise or fail to exercise any right or remedy available to Us at a given time, this does not prejudice Our entitlement to later exercise that right or remedy or any other right or remedy.

14.3 If any provision of this Agreement is held by a court or tribunal to be invalid or unenforceable in whole or in part, the validity of all other provisions of this Agreement is not affected.

14.4 We may assign or transfer any of Our rights under this Agreement without Your consent.

15.1 This clause 15 sets out Our direct debit service agreement with You, being the basis upon which We may debit Your bank account for amounts due under this Agreement.

15.2 Please note direct debits are not available on all accounts. You should check a recent bank statement from Your financial institution or check with the financial institution to confirm if direct debit is available on the account You wish to nominate.

15.3 Subject to Your rights to terminate this Agreement, We will debit Your account on each Payment Date set out in the Specific Terms for the amount due on that date set out in the Specific Terms.

15.4 Subject to Your rights to terminate this Agreement, You must ensure You have sufficient clear funds available in Your account prior to each Payment Date to permit Us to debit the relevant payment due on that date.

15.5 If We are unable to debit Your account on a Payment Date set out in the Specific Terms for the amount due on that date set out in the Specific Terms due to the account having insufficient funds or due to some other cause attributable to You, then We may recover from You any bank fees or other charges due to the direct debit amount being returned unpaid by Your financial institution.

15.6 Your financial institution may also charge You a fee if We are unable to debit Your account on a Payment Date.

15.7 Clause 15.5 does not apply if at least 1 Business Day prior to the date a payment is due You have notified us that You are terminating this Agreement and will not be making that payment.

15.8 If a payment would fall due on a day that is not a Business Day, We will debit it on the next Business Day.

15.9 If You wish to reschedule a payment You should follow the procedures in clause 6.5 of these General Terms.

15.10 If You wish to cancel or stop Your direct debits You should follow the procedure in clause 7.2 or notify Your financial institution. Unless We have agreed other payment arrangements with You, cancellation of, or ceasing, Your direct debits will be treated as an election by You to terminate this Agreement.

15.11 If You wish to dispute a direct debit please contact Us or fill out a complaint form using the form available on Our website. Alternatively You may raise the dispute with Your financial institution but You must tell Us You dispute a direct debit as soon as is possible.

15.12 We will keep Your account details confidential and only use those details as required to process direct debits. We will also keep Your payment records confidential and only disclose these as required by law or to any accountant, auditor or lawyer of ours who has a need to know those records.