LayBay Terms and Conditions
1.) “Lay-By” means:
a.) offering of a facility where we reserve goods on your behalf;
b.) which you have chosen;
c.) which you pay for over a period of time;
d.) while we hold onto the said goods;
e.) until they are paid for in full.
1.1. When you choose the goods for Lay-By, you must pay a deposit of 10% of the total value of the goods or as specified on the product page, on opening the Lay-By facility.
1.2. You must make a minimum of one payment every month until the goods are paid for in full.
1.3. You may decide to pay more frequently if you wish and settle the Lay-By within the 3-month period.
1.4. The total period of the Lay-By is 3 months and this may not be extended.
1.5. If you terminate the agreement before making full payment for the goods, or fail to make full payment for the goods within 30 business days after the anticipated date of completion, we reserve the right to charge you a termination penalty.
1.6. We will advise you of such penalty amount at the time of termination, and after deduction of such Lay–By Terms and Conditions
1.7. We will not charge you a termination penalty if your failure to complete payment is due to hospitalisation or death. Relevant documentation will be required. (Doctors/ death certificate etc.)
1.8. We may give you notice in respect of cancellation of a Lay-by by e-mail or SMS to the e-mail address / cellphone number you have provided to us. A refund will be given where applicable.
1.9. No goods will be released to you until full payment is received.
1.10. The address you gave us when conducting the agreement is the address to which statements will be sent. If you wish to change this address at any time, you must give us notice thereof. The change may take a few days to come into effect.
1.11. These terms and conditions may be amended from time to time, and in such a case, the new terms and conditions shall apply to your Lay-By agreement with immediate effect.
2. Certificate of Indebtedness:A certificate signed by any of our managers (whose appointment and authority need not be proved) in which the amount of your indebtedness to us is stated, shall be accepted as sufficient proof of you indebtedness in any legal proceedings and shall be regarded as correct unless you prove that the amount is incorrect.
3. Consent to Jurisdiction:
You hereby consent that we may institute any legal proceedings that have to do with this agreement o your account, in the Magistrate’s Court, being any Magistrate’s Court that has jurisdiction over you.
We can, however, choose to institute action against you in any other court having jurisdiction.
If for any reason or purpose we do not immediately enforce or implement any of our rights in terms of this agreement, it does not mean that we have abandoned, given up or waived any of those rights.
5. Personal and confidential information:
5.1 In this agreement, personal information means any and all information that you give to us which is personal to you (for example: your name, identity number, phone number, etc.), which we may store and process.
5.2 We will keep your personal information only for as long as we need to or have to by law.
5.3 We may from time to time contact you by post, by phone or in any other way about other products and services which we consider may interest you unless you tell us that you would prefer not to receive such offers.
5.4 You agree and consent that we may disclose your personal information to:
5.4.1 any person working for us;
5.4.2 Any organisation which underwrites or supports any of our products which you hold;
5.4.3 any person to whom we transfer any of our rights or obligations under this agreement.
5.4.4 Anyone you authorise us to give personal information to.
5.5 We may process your information to the extent permitted by law.
6.1 You confirm that the terms and conditions, the meaning and consequences of this agreement have been presented and explained to you in a language that you understand. You also confirm that the risks relating to the agreement, as well as your rights and obligations, have also been explained to you.
6.2 We may at any time amend or replace these terms and conditions and if we do so it does not mean a novation of the agreement or any transaction or indebtedness (meaning that a new agreement does not automatically come into place).
7. This offer excludes confectionery products (products that have an expiry date) air time, gift vouchers. Due to the nature of retail, specific items may be excluded from time to time.
8. Customers entering into a lay-by agreement must be over the age of 18 years.