Terms & Conditions

Layaway Depot NZ โ€“ Layaway (Lay-by) Purchase Agreement

Legal Seller: Layaway Depot NZ Ltd trading as Layaway Depot

IMPORTANT NOTICE

This is a Layaway Purchase Agreement for the purchase of Products through Layaway Depot. In New Zealand this kind of agreement is also known as a lay-by agreement.

This is a traditional layaway agreement for the purchase of goods. You pay for the Products by instalments before delivery.

Layaway allows You to pay for Products over time through scheduled instalments.

You will not receive the Products until the Total Purchase Price has been paid in full.

The Products are not supplied to You until this Layaway Purchase Agreement has been completed through payment in full and delivery. Until then, You have no right to possession of the Products.

If You cancel this Layaway Purchase Agreement after the cooling-off period, a Cancellation Fee may apply.

By placing an order electronically, You acknowledge that You have read, understood, and accepted this Layaway Purchase Agreement and these Terms.

1. Definitions

In these Terms:

Layaway Purchase Agreement / Agreement means this Layaway Purchase Agreement, including these Terms and any order-specific terms accepted by You when placing a layaway purchase.

Business Day means a day other than Saturday, Sunday, or a public holiday in New Zealand.

Cancellation Fee means the fee payable under Section 6.

Customer / You / Your means the person entering into this Layaway Purchase Agreement.

Layaway Depot / We / Us / Our means Layaway Depot NZ Ltd trading as Layaway Depot.

Payment Plan means the agreed schedule of instalment payments selected by You at checkout.

Products means the goods You purchase through the Layaway Depot layaway program.

Total Purchase Price means the total amount payable for the Products, including GST and any applicable shipping or fees disclosed during checkout.

All amounts in this Agreement are in New Zealand dollars (NZD).

2. Nature of Layaway Purchase Agreement

This Layaway Purchase Agreement is a traditional layaway (lay-by) arrangement for the purchase of goods.

Under this Layaway Purchase Agreement:

  • You agree to purchase Products from Layaway Depot.
  • You pay for the Products through scheduled instalments before delivery.
  • We agree to supply the Products once You have completed all payments required under this Layaway Purchase Agreement.
  • This Agreement is a purchase arrangement only.
  • The Products are not supplied to You until this Layaway Purchase Agreement has been completed through payment in full and delivery.
  • Until then, You have no right to possession of the Products.
  • Legal and beneficial ownership of the Products remains with Layaway Depot until You have paid the Total Purchase Price in full and the Products have been delivered.

3. No Lending Arrangement

Nothing in this Layaway Purchase Agreement requires Layaway Depot to provide, and Layaway Depot does not provide, any loan, advance of money, or deferred debt arrangement.

Your obligation under this Layaway Purchase Agreement is solely to complete payment of the agreed Total Purchase Price through scheduled instalments before delivery of the Products.

4. Payments

Under this Layaway Purchase Agreement, You agree to make payments according to the Payment Plan selected at checkout.

Payments may be made by approved payment methods including direct debit, debit card, credit card, or other supported payment methods. Where You pay by direct debit, the Direct Debit Service Agreement in Section 20 also applies.

You are responsible for ensuring sufficient funds are available on each scheduled payment date.

If a payment fails, We may:

  • Retry the payment;
  • Contact You regarding the failed payment;
  • Adjust Your remaining Payment Plan;
  • Suspend Your layaway purchase; or
  • Cancel this Layaway Purchase Agreement in accordance with these Terms.

You may request changes to Your payment schedule. Approval of any changes is at Our discretion.

5. Cooling-Off Period and Cancellation by You

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

A cooling-off period of 10 Business Days applies from the date Your order confirmation is issued.

If You cancel this Layaway Purchase Agreement within the cooling-off period:

  • No Cancellation Fee applies; and
  • All payments made will be refunded.

If You cancel this Layaway Purchase Agreement after the cooling-off period, a Cancellation Fee may apply under Section 6.

To cancel, contact: retentions@layawaydepot.co.nz

6. Cancellation Fee

If You cancel this Layaway Purchase Agreement after the cooling-off period, a Cancellation Fee applies.

The Cancellation Fee is:

$55, or 20% of the payments You have made under this Layaway Purchase Agreement if that amount is higher, up to a maximum of $250.

The Cancellation Fee will be deducted from any refund due to You.

The Cancellation Fee represents a reasonable contribution towards the costs incurred by Layaway Depot in establishing, administering, and cancelling Your Layaway Purchase Agreement.

The Cancellation Fee will never exceed the total amount You have paid under this Layaway Purchase Agreement.

7. Missed Payments

If You miss a scheduled payment under this Layaway Purchase Agreement, We may:

  • Attempt to process the payment again;
  • Contact You to resolve the missed payment;
  • Adjust Your remaining payment schedule;
  • Suspend Your layaway purchase; or
  • Cancel this Layaway Purchase Agreement.

Where this Layaway Purchase Agreement is cancelled due to missed payments, the Cancellation Fee may apply.

8. Failed Payments

Your bank or payment provider may charge fees for failed payments.

Layaway Depot may charge a $2.50 administration fee for each failed or dishonoured payment where permitted by applicable law.

9. Product Availability, Substitutions and Pricing

We make reasonable efforts to supply the Products selected by You.

However, product availability and supplier availability may change.

If a Product becomes unavailable, discontinued, or cannot reasonably be supplied, We may:

  • Offer a substitute Product of equal or greater value; or
  • Cancel this Layaway Purchase Agreement and refund payments made.

If a substitute Product is offered, You may accept or decline the substitute.

If You decline the substitute, this Layaway Purchase Agreement will be cancelled and payments made will be refunded.

Product images are illustrative only. Colours, packaging, appearance, and specifications may vary.

We reserve the right to correct typographical errors, pricing errors, product descriptions, or other inadvertent mistakes before dispatch.

If a material error affects Your order, We may cancel this Layaway Purchase Agreement and provide a full refund.

10. Delivery

Layaway Depot delivers Products only to addresses within New Zealand.

By placing an order, You confirm that Your delivery address is located in New Zealand.

Under no circumstances will Products be delivered before the Total Purchase Price has been paid in full.

Products will only be shipped after:

  • All required payments have been received; and
  • This Layaway Purchase Agreement has been completed through payment in full.

We aim to dispatch Products within a reasonable timeframe after final payment.

You are responsible for providing an accurate delivery address.

You must notify Us immediately of any change to Your delivery address.

Additional costs caused by incorrect or changed delivery information may be charged to You.

Additional shipping, oversized item, rural delivery, or redelivery fees may apply where applicable.

Risk of loss transfers to You once the Products have been delivered.

If Products remain uncollected or delivery cannot be completed due to Your actions, Products may be considered abandoned after 20 Business Days.

Any refund will be subject to applicable charges under this Layaway Purchase Agreement.

11. Refunds

Refunds will generally be processed within a reasonable timeframe after approval.

Refunds will be returned using the original payment method where possible.

For security reasons, refunds may only be issued to the original payment source.

Balances under $40 that remain inactive for more than 6 months may not be refunded unless You contact Us within 2 years, where permitted by applicable law.

12. Ownership and Risk

Legal and beneficial ownership of the Products remains with Layaway Depot until You have paid the Total Purchase Price in full and the Products have been delivered.

The Products are not supplied to You until this Layaway Purchase Agreement has been completed through payment in full and delivery.

Until then:

  • You have no right to possession of the Products;
  • You do not have legal title to the Products; and
  • Layaway Depot retains all ownership rights in the Products.

Risk of loss transfers to You once the Products have been delivered.

13. Customer Information and Privacy

You agree that:

  • Information provided by You is accurate and complete;
  • You will update Your details if they change; and
  • We may rely on Your latest contact information.

Your use of Layaway Depot is also governed by Our Privacy Policy.

14. Taxes and Fees

The Total Purchase Price includes GST where applicable.

Shipping fees and other charges may apply depending on Your order details and will be disclosed during checkout.

You are responsible for any applicable charges disclosed during checkout.

15. Consumer Rights

Nothing in this Layaway Purchase Agreement is intended to limit any rights You may have under applicable consumer protection laws, including the Consumer Guarantees Act 1993 and the Fair Trading Act 1986.

Nothing in this Layaway Purchase Agreement limits any warranties or guarantees that cannot legally be excluded.

16. Eligibility

You must be at least 18 years old to enter into this Layaway Purchase Agreement.

By placing an order, You confirm that You are legally capable of entering into this Agreement.

17. Limitation of Liability

To the maximum extent permitted by applicable law, Layaway Depot will not be responsible for losses caused by circumstances outside Our reasonable control, including:

  • Shipping delays;
  • Supplier delays;
  • Natural disasters;
  • Government actions; or
  • Events beyond Our reasonable control.

18. General Terms

If any provision of this Layaway Purchase Agreement is found invalid or unenforceable, the remaining provisions will continue to apply.

We may assign Our rights and obligations under this Layaway Purchase Agreement.

Failure to enforce any provision does not waive Our right to enforce it later.

We may amend these Terms for future layaway purchases. Any changes will not affect existing Layaway Purchase Agreements unless required by law or agreed with You.

This Layaway Purchase Agreement constitutes the entire agreement between You and Layaway Depot regarding Your purchase of Products through the layaway program and supersedes any prior discussions, representations, or understandings relating to that purchase.

This Layaway Purchase Agreement is governed by the laws of New Zealand, and the courts of New Zealand have non-exclusive jurisdiction. Nothing in this Agreement is intended to exclude or limit any mandatory consumer protection rights that apply to the Customer.

19. Contact Information

Layaway Depot NZ Ltd trading as Layaway Depot

Customer Support: retentions@layawaydepot.co.nz

20. Direct Debit Service Agreement

20.1 This Section 20 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. It applies where You pay by direct debit.

20.2 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.

20.3 Subject to Your rights to cancel this Agreement, We will debit Your account on each scheduled payment date for the amount due under Your Payment Plan.

20.4 Subject to Your rights to cancel this Agreement, You should ensure You have sufficient clear funds available in Your account prior to each scheduled payment date.

20.5 If We are unable to debit Your account on a scheduled payment date because the account has insufficient funds or due to some other cause attributable to You, the failed-payment administration fee in Section 8 may apply where permitted by applicable law.

20.6 Your financial institution may also charge You a fee if We are unable to debit Your account on a scheduled payment date.

20.7 Section 20.5 does not apply if, at least one (1) Business Day before a payment is due, You have notified Us that You are cancelling this Agreement and will not be making that payment.

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

20.9 If You wish to reschedule a payment, contact Us under Section 4 at least one (1) Business Day before the payment is due.

20.10 If You wish to cancel or stop Your direct debits You should contact Us under Section 5 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 cancel this Agreement.

20.11 If You wish to dispute a direct debit please contact Us. Alternatively You may raise the dispute with Your financial institution, but You must tell Us You dispute a direct debit as soon as possible.

20.12 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.