Purchase Terms & Conditions

Sale Promotion June - July 2024

Sale is 15% off Sitewide. Includes all product categories except Apple, Dyson, Gaming Consoles and Gift Cards. Limit of 10 transactions per customer. Sale ends 30th June, 2024. Not in conjunction with any other offer.

 

General Layby Information

Laybyland is a traditional layby retailer and does not deliver items until the payment plan has been successfully completed.

Regular payments are made weekly, fortnightly or monthly as chosen by you at the time or ordering. Layby periods range between 4 weeks to 12 months/52 weeks/26 fortnights.
Payment methods are credit card (Mastercard, Visa), direct debit or PayPal. The minimum periodical payment is $5 and the maximum is $499.

 

Minimum Shopping Cart Grand Total

Please note the minimum Shopping Cart Grand Total that is required to check out on www.laybyland.com.au is $100 after vouchers or discount coupons have been applied.

 

General Delivery Information

Allow between 10-25 business days after the final payment has been successfully processed for dispatch of your order to occur. This timeframe may be longer for larger items (e.g. furniture and whitegoods) or for some remote areas.

 

The estimated dispatch date listed on your order is to be used as a guide only and is not a guaranteed dispatch date.

 

Pre-Christmas Delivery 2024

For orders where delivery is required prior to the 25th of December 2024, you must set the 'Estimated Dispatch Date' on the order at no later than the 15th of November 2024

Due to extra demand on our team, our suppliers and couriers during the busy Christmas period, any orders with the Estimated Dispatch Date set after the 15th of November 2024 cannot rely on their order being dispatched prior to the 25th of December 2024. While every effort is always made to have orders shipped and delivered asap, orders with an estimated dispatch date after 15th November may not be delivered until the New Year. We cannot take responsibility for any disappointment for orders required for Christmas Day but not completed within this timeframe.

 

Shipping Address Alterations

Your goods will be delivered to the delivery address as shown on your order within approximately 7-14 days from final payment date (excluding Christmas timeframe listed above and pre-order items not yet in stock).

If you need to change your delivery details please contact at your earliest convenience. Please be aware changes to delivery address need to be made prior to the final payment being processed to ensure a successful update in our system. Changes made after the final payment has been processed cannot be guaranteed as altered by our warehouse team and delivery partners and so Laybyland cannot take responsibility for a delayed or incorrectly delivered package in these instances.

A reminder email confirming the delivery address will be sent out 2 weeks prior to the original scheduled final payment date to prompt customers to check the recorded delivery address details including phone number.

 

Future Price Guarantee

If you start a Layby order today, and the price of that product is lower when you finish your payment plan, we will provide you with a Laybyland Future Price Guarantee Discount Voucher for the difference in price. If, however, the price is higher at the end of the plan than it was when you placed your order, you will still only be charged the initial lower price. Please also note that this Future Price Guarantee Discount Voucher can only be used on new orders and not on existing orders. Laybyland has a minimum cart value of $150 after a voucher has been applied and the Future Price Guarantee Discount Voucher will have an expiry of 28 days from its issue date. The Future Price Guarantee Discount Voucher will have a minimum spend requirement that equals 4 times the face value of that voucher (i.e. if the Future Price Guarantee Discount Voucher value is $100, you will be required to spend at least $400 for that voucher to work). Any orders for Apple products are excluded from this price guarantee.  

 

Database Collection

By placing an order and checking out of Laybyland, by default you agree to be subscribed to our database which will enable Laybyland to send account updates and marketing materials to you via email and SMS from time to time. You may unsubscribe at any time by clicking the unsubscribe link at the bottom of any marketing email or SMS, or logging into your online account.

 

Availability

Please note that from time to time a product that you order may be out of stock or deleted once Laybyland goes to place that order with the relevant supplier. In this instance Laybyland will try and find you a similar product and Laybyland will provide you the option of either (a) receiving that similar product, or (b) receiving a full refund of funds paid towards that item from Laybyland.

 

Payments

Once you have placed your order, an initial payment of the first instalment is required to be paid within 14 days of the order having been placed. With subsequent payments occurring at the time intervals, you have selected. Automatic payments are processed by Laybyland at 12.01am on your selected payment day and will be debited from your selected payment method during that day (or next business day if the date is a public holiday or weekend). If you wish to skip a payment, please let us know before midday on the business day PRIOR to the scheduled payment. As payments are automated, we cannot cancel them the day they are due.

 

Cancellation Policy

If you cancel within 21 days of placing the order, there will be no Termination Fee.

After the 21 day Cooling Off Period Laybyland will charge you a cancellation fee as follows:

  • 10% of the original order value may be retained (up to a maximum cancellation fee of $200 per order), or
  • 6% of the original order value may be retained for orders that only contain digital gift cards (up to a maximum cancellation fee of $200 per order).

 

Refund Policy

Refunds usually take the banks between 7-14 business days to be fully returned to the debited payment account. 

Refunds can be returned as reversed individual payments, a lump sum payment, or a combination of both (depending on time passed since payment was processed and which financial institution the payment account is with).

Please note all refunds MUST be returned to the same account they were debited from. First refunds cannot, under any circumstance, be processed to a different account. Should the initial account be closed and the first refund attempt be rejected by the financial institution, only then are we able to obtain new payment details to reprocess the refund.

  

Changes to Payment Plans

You can make changes to your payment plan via your account on our website. Please view ‘How to’ assistance here: https://www.laybyland.com.au/how-to-make-changes-to-my-layby-plan

The maximum period that you can extend a Layby Payment Plan is 90 days from the original final layby payment date on an order. Please note changes to payment plans before a scheduled second payment or after a second last scheduled payment need to be done so via Customer Service Team, customerservice@laybyland.com.au


Paying orders off early

Please note that an 'Estimated Delivery Date' is set when you initially place your order, and we expect to deliver your order to you on or around that Estimated Delivery Date if you make all your payments successfully when they are due. If you pay your order off early it can take up to 21 days for us to delivery your order from your final payment date.

When paying off your order early it is important to check the listed delivery address on the order at the same time.


Failed Payments

If a scheduled payment fails the amount of your failed payment will be evenly spread over the remaining payments in your layby plan. If you wish to change your new per payment amount, please log into your account, click on your order and click on adjust my payment plan button, or contact customer service. Also, if you have a failed payment and your order goes on suspend the items on your order will be removed from allocation to your order until you have your next successful payment. This may lead to the items that you order not being available for you at the end of your layby plan. 

If you miss two payments in a row your order will be placed on suspend until we confirm everything is okay with the scheduled payments and payment method.

 

Dishonour Fee

You will not be charged a dishonour fee by Laybyland for a missed Direct Debit, Credit Card payment or PayPal. Please note that your financial institution may charge you a dishonour fee which Laybyland has no control over and is not responsible for.


Returns

If goods have been damaged in transit, please contact us to arrange for a return and exchange or refund. In accordance with the Department of Fair Trading, goods cannot be returned if you decide you no longer need the item(s) or have changed your mind.

Please see our full returns policy by clicking here. 

 

Warranties

Laybyland adheres to Australian Consumer Law and nothing in these Terms and Conditions is intended to exclude, restrict, or modify your rights under Australian Consumer Law, which may not be excluded, restricted or modified by agreement (Your Consumer Rights). Subject to Your Consumer Rights, all representations, terms, warranties, guarantees, or conditions whether implied by statute, common law or custom of trade or otherwise are excluded to the fullest extent permitted by law. 

The customer is responsible for using all necessary skill and care in handling, storage and preparation of goods once delivered.

Manufacturers warranty is applicable to all items sold by Laybyland.

 

Disclaimer

laybyland.com.au reserves the right to not honour an order if there is a pricing error or it is believed an incorrect total was achieved by way of technical glitch and will notify the customer accordingly. Laybyland has the right to refuse a transaction in the unlikely case that there is a pricing error or cart error and prices are not shown as correct.

 

Zepto Payments Pty Ltd are responsible for handling customer payments via Direct Debit on behalf of Laybyland.

https://www.zepto.com.au/ddrsa/

Terms and Conditions of Zepto Payments Pty Ltd (“Zepto”) Direct Debit Request (“DDR”) Service Agreement

  1. INITIAL TERMS By agreeing to a Direct Debit Request, Zepto will debit your nominated account for the amounts and at the frequency of payments as agreed between you and the Payment Initiator. Zepto has been contracted by the Payment Initiator to collect direct debit payments from you and does not provide any goods or services to you.  
  2. CHANGE OF TERMS The terms of this Agreement or a DDR may be varied at any time by giving you at least 30 days’ written notice. This is managed through the Zepto Platform.
  3. DEFERRING OR STOPPING A PAYMENT Should you wish to defer a payment to another date you must contact the Payment Initiator before the date of that payment to request the deferment. Deferments are entirely at the discretion of the Payment Initiator. You may request to stop an individual payment through the Zepto platform however you will still be liable to make this payment to the Payment Initiator.
  4. ALTERING THE SCHEDULE Should you wish to alter the payment frequency or Day to Debit contact the Payment Initiator. Altering schedule is solely at the discretion of the Payment Initiator. The Payment Initiator may charge a fee for this service. The Payment Initiator shall notify you of these fees. Any changes made will not affect the total amount you would otherwise have paid over the minimum term of your Contract.
  5. CANCELLING THE PAYMENTS You can cancel this Direct Debit Request Authority at any time by contacting the Payment Initiator or Zepto. Cancellation of the authority to debit your account will not terminate your contract or remove your liability to make the payments you have agreed to with the Payment Initiator.
  6. LIABILITY If you stop or cancel either a DDR or an individual debit payment as a result of a variation to the terms of this Direct Debit Service Agreement or a DDR by Zepto or the Payment Initiator, no penalty will be imposed on you.
  7. DISPUTES If you dispute any debit payment, you must notify the Payment Initiator immediately. The Payment Initiator will respond to your dispute within 7 working days and will immediately refund the amount of the debit if they are not able to substantiate the reason for it. If you do not receive a satisfactory response from the Payment Initiator to your dispute, contact Zepto who will respond to you with an answer to your claim within 5 business days if your claim is lodged within 12 months of the disputed drawing, or within 30 business days if your claim is lodged after 12 months from the disputed drawing.
  8. BUSINESS DAYS When the day to debit falls on a weekend or public holiday the debit will be initiated on the next business day.
  9. DISHONOURED PAYMENTS It is your responsibility to ensure that on the due date clear funds are available in your nominated account to meet the direct debit payment. Should your payment be dishonoured, you authorise Zepto to debit your account when clear funds become available in your nominated bank account.
  10. ENQUIRIES Please direct enquiries to support@zepto.com.au.
  11. PRIVACY Zepto will keep information relating to your nominated account confidential in accordance with Zepto’s Privacy Policy, available at zepto.com.au/privacy.
  12. YOUR OTHER RESPONSIBILITIES In addition to those already mentioned, you are responsible for ensuring that your nominated account is able to accept direct debits. If it is not, it is your responsibility to provide Zepto with a new account number.

 

Stripe Australia is responsible for processing Credit/Debit Card payments.

https://stripe.com/au/checkout/legal 

 

PayPal Australia User Agreement

https://www.paypal.com/au/webapps/mpp/ua/useragreement-full

 

Marketplace Terms & Conditions

By Laybyland

Laybyland Pty Ltd ABN 93 156 646 963

Welcome to Laybyland.com.au

These are the terms and conditions (Terms and Conditions) governing the use of Laybyland.com.au (also referred to as the Site). Please read these Terms and Conditions carefully before using this Site. By using the Site, you agree to the Terms and Conditions.

These Terms and Conditions apply to all Users of the Site unless the Terms and Conditions specify otherwise.

The Terms and Conditions published at the time of your use of the Site shall apply to you.

Laybyland Pty Ltd reserves all rights to alter these Terms and Conditions as set out below from time to time and at its discretion. Each time you use the Site, you should be aware of our current Terms and Conditions.

To use this Site, you must first read and agree to the Terms and Conditions as set out below.

If you do not agree to the Terms and Conditions as set out below, please leave the Site now.

1 Introduction

1.1 Laybyland Pty Ltd ABN 93 156 646 963 (also referred to as ‘we’ or ‘our’ or ‘us’ or ‘Laybyland’) is an Australian private company limited in liability by the value of its shares. We operate an online advertising medium/marketplace platform via the Site, allowing users to advertise and/or layby all things related to electronics, home goods, fashion & accessories, toys, kids, gift cards, hampers and more. For example, mobile phones, TV’s, perfumes, sunglasses, beds, Christmas trees and backpacks.

1.2 Definitions:

When we refer to ‘us’, or ‘our’ or ‘we’ or similar, we are referring Laybyland Pty Ltd ABN 93 156 646 963

When we refer to ‘you’ or ‘your’ or similar, we are referring to you as a User of this Site.

Other defined terms and their meanings are:

‘Allocated Area’ means the area on the Site approved by us for a Seller to advertise their Product.

‘Australian Law’ means principles of law or equity established by decisions of courts, statutes, regulations or by-laws of the Commonwealth of Australia, or any State or Territory of the Commonwealth of Australia or a Government Agency, any requirements and approvals (including conditions) of the Commonwealth of Australia or any State or Territory of the Commonwealth of Australia or a Government Agency that have force of law, to the extent required, but recognising the primacy of Australian Law, the principles of law and equity established by the courts outside Australia;

‘Backorder’ means an order for a Product that is temporarily out of stock.

‘Business Day’ means a day that is not a Saturday, Sunday, public holiday or bank holiday in Melbourne, Australia.

‘Buyer’ (also referred to as ‘you’ or ‘your’ where the context permits) means a person who browses the Site, being a potential buyer of a Product via the Site, and also a person who wishes to purchase via layby, or has already purchased via layby, Products from a Private Seller or a Retail Seller from an advertisement placed on the Site;

‘Charge Back’ means a buyer disputed or fraudulent transaction that has been remitted to the retail seller on the Site.

‘Intellectual Property Rights’ means all intellectual property rights and proprietary rights (whether registered or unregistered) including copyright, trademarks, patents, moral rights and any other intellectual property right recognised by Australian Law, including but not limited to:

(a) graphics programming codes, drawings, computer programs, website
(b) business names, company names, product names;
(c) any right to have information kept confidential;
(d) patent applications, drawings, discoveries, inventions, improvements, trade secrets, technical data, formulae, computer programs, precedent documents, websites, website designs, website design methodology, domain names, domain registration, source codes, site context and design, program backend, HTML front code, AdWords, metatags, traffic details, databases, know-how, logos, designs, design rights and client lists;
(e) phone numbers, fax numbers, email addresses, directory listings; and
(f) Twitter, Facebook, Skype, LinkedIn, Viber, Instagram, Tik Tok and other social media contact points.

‘Licence’ means the irrevocable, royalty-free, non-exclusive, worldwide sub-licensable and perpetual licence to use any and all of the information provided by Sellers to us with such licence to be including but not limited to using, producing, reproducing, modifying, performing, translating, creating derivative works from, distributing, displaying, deleting, adapting and publishing such information;

‘Loss’ includes loss of money (including profit), goodwill, or reputation, whether such loss be incidental, direct, indirect, special, consequential even if you advise us or we could reasonably foresee the possibility of any such loss or damage occurring.

'Merchant fees' means a cost charged by a merchant (including but not limited to a bank) to a Retail Seller when a buyer is paying with (including but not limited to) a credit card, charge card, debit card, etc. to cover the cost of accepting / processing a layby payment. This Merchant fee may be varied from time to time without notice.

‘Minimum Term’ means 12 months.

‘Party’ means any Buyer, Private Seller, Retail Seller, and ‘parties’ has a corresponding meaning.

‘Product’ means a good or service advertised by or sold by a Seller on the Site.

‘Retail Seller’ (also referred to as ‘you’ or ‘your’ where the context permits) means a Seller who is not a Private Seller.

‘Seller’ (also referred to as ‘you’ or ‘your’) means any entity posting an advertisement on the Site for the sale of a Product or selling a Product on the Site and being either a Private Seller or a Retail Seller.

‘Site’ means the internet site at the domain laybyland.com.au as configured and described as such by us from time to time or any other internet site operated by us from time to time.

‘Store Account’ means the arrangement by which a Retail Seller is given personalized access to the Site to advertise and sell Products.

‘Subscription’ means the service provided by Laybyland to Retail Sellers by way of a prepaid fee payable by the Retail Seller to Laybyland

‘Users’ means anyone using the Site for any purpose and includes all Sellers and all Buyers.

 

2 All Users

2.1 Before using this Site, you must read and accept these Terms and Conditions (including Service levels) and the Laybyland Privacy Policy. You agree that these Terms and Conditions (Service levels) and the Laybyland Privacy Policy will apply whenever you visit the Site or when you use the tools we make available to interact with the Site.

Nature of the Site

2.2 By providing a platform for the sale of Products, we facilitate the layby transactions between Buyers and Sellers. This includes but is not limited to assistance with customer service, Charge Backs, fulfilment, warranties, returns and Product defects etc. in accordance with all and any applicable Australian Law. This facilitation does not make us responsible for any obligations of the participants in these transactions.

 

3 All Buyers

Shipping and Delivery Policy

3.1 Standard delivery times for Products purchased through the Site are between three (3) and fourteen (14) Business Days of the final payment. In the unlikely event that an ordered item is not available, or it is not possible to fulfil your order we will notify you within 7 (seven) business days to arrange an alternative Product, a Backorder or a full refund.

 

 Exchange & Returns Policy for purchases from Retail Sellers

3.5 All Buyers should choose carefully before buying, as an order to purchase creates a contract between the Buyer and the Seller.

3.6 We do not offer a satisfaction guarantee on Products or refunds for change of mind; however, we will always endeavour to keep you happy and satisfied. This warranty only applies to unused and undamaged goods.

3.7 For faulty Products or Products that are the wrong size, Retail Sellers offer a fourteen (14) day replacement warranty from the date you receive your Product. If your Product can be replaced, it will be replaced with the same or a similar Product. If a Product cannot be replaced, you will be offered the option of a replacement Product of the same value, or of being provided with a refund for the total value of the Product.

3.8 Any faulty Product must be returned by you to the Retail Seller from which it was purchased, and proof of this purchase must also be presented. Replacements for faulty Products will be sent to you at no charge within five (5) Business Days from the date the faulty Product is returned.

3.9 When returning a faulty Product to the Retail Seller, please make sure you also provide us the following details:

  • Your full name
    • Your address
    • Your order number
    • The date of delivery (or collection) of the Product
    • The address of the Seller’s store
    • Reason why you are returning the Product
    • Your instructions informing us how you would like the issue resolved
    • Contact phone number
    • The original order confirmation or invoice you received with your Product.

3.10 If you return a Product that is the wrong size and we determine that it has been used since its purchase, no exchange or return will be granted.

Risk & liability.

3.11 We accept advertisements from Sellers in good faith. Advertisements on the Site for Products are prepared by Sellers who are unrelated to us. We take no responsibility for the accuracy of price information or specifications of any Products advertised and/or sold. We take all reasonable precautions to only host accurate information on the Site, but we are not responsible for information uploaded or created by such third parties. You should verify such information yourself.

3.12 All other information on the Site and Products acquired through the Site are provided “as is” without warranty of any kind by us. We do not warrant or represent that the Products advertised on the Site will be suitable for any purpose, or that a Seller has any particular skill, knowledge, qualification or is legally entitled to carry on a particular business. It is your responsibility to verify any information on the Site and to investigate for yourself the condition, quality and suitability of any Products advertised on the Site.

Security

3.13 When purchasing a Product, your financial details are passed through a secure server using the latest SSL (secure sockets layer, TLS 1.3, minimum 128-bit) encryption technology. It is estimated that it would take at least one trillion years to decrypt 128-bit SSL encryption, and this level of encryption is the current industry standard. If you have any questions regarding our security policy, please contact our customer support centre.

 

4 All Sellers

4.1 By placing an advertisement on the Site, all Sellers accept and must conduct themselves in accordance with these Terms and Conditions and Service Levels. It is a Seller’s responsibility to ensure they comply with applicable Terms and Conditions.

4.2 You must have clear legal title and ability to sell Products you advertise on the Site in accordance with Australian law.

Fees and payment

4.3 Fees for any service offered by us are subject to review and change, without the requirement to notify you unless otherwise specified in these Terms and Conditions.

4.4 All applicable fees are clearly stated on the Site, and it is the Seller’s responsibility to consider the fees before they advertise. Placing an advertisement on the Site is deemed to be acceptance of these Terms and Conditions and the applicable fees. You should read and understand these Terms and Conditions so that you are aware of the fee that is relevant to you (if any).

4.5 All fees for advertisements placed on the Site must be prepaid, unless stated otherwise or prearranged with an authorised representative of Laybyland.

4.6 Any fees paid to us to place an advertisement on the Site do not grant any Seller exclusive rights to any web page on the Site.

4.7 By advertising and completing sales on the Site, you are giving us permission to accept full payment on your behalf from Buyers for sales of Products prior to us accounting to you for such sales.

Content of advertisement

4.8 All advertisements must relate to layby of a product and fall within the Site’s search criteria. We may reject advertisements that are not relevant to these areas of interest and reserves the right to cancel/and/or amend such advertisements, without notice and without refund.

4.9 We may withdraw or alter the advertisement or material you send us if it is deemed to be inappropriate, incorrect, or not in keeping with the Site’s style standards and tone.

4.10 Advertisements on the Site may only include text descriptions, graphics, pictures, and other content relevant to the sale of that particular Product.

4.11 Any phone numbers provided for advertisement must be yours as officially ascribed to you by a telecommunications business or you must have permission and authority to use such phone numbers.

4.12 We reserve the right to verify the availability of items offered for sale and to verify the information contained in any advertisement by requiring the Seller to provide acceptable evidence of the availability of the item(s) for sale. You agree to provide such additional information as we reasonably require. Failure to comply may result in your service being suspended or cancelled and/or removal of the advertisement.

4.13 Sellers must not post/submit illegal, prohibited, or offensive content to this Site and must not use derogatory terms on the Site. Any Seller who submits such content may be reported to the proper authorities. We reserve the right to immediately cancel and remove, without notice or refund, from the Site, any advertisement which is deemed by us to contain illegal or prohibited content, derogatory or offensive terms.

4.14 Sellers may not include political, religious, or controversial material on any advertisement or part of the Site. We reserve the right to immediately cancel and remove, without notice or refund, from the Site, any advertisement which is deemed by us to contain such content.

4.15 Sellers must not use this Site to promote any products not permitted to be sold via the Site nor advertise hyperlinks directing Buyers to other websites.

4.16 We do not permit data mining of any of the content on this Site in any way.

4.17 We do not permit the use of the Site to publish anything that could be considered spam, phishing, bulk electronic messaging, or anything else that contravenes Australian Law.

4.18 If you are the subject of an interview and/or article and/or feature and/or video of any sort appearing on the Site, you accept that the published interview and/or article and/or feature and/or video is prepared with editorial integrity and that our editorial decision is final. You also accept the possibility that editorial errors can occur. Where such errors occur, we will make every effort to amend these errors as soon as they are discovered or brought to our attention but we will not be liable for any adverse consequences or loss arising from any such error.

Intellectual property rights

4.19 The Site is the property of Laybyland and is protected by Australian and international copyright laws and must not be reverse engineered, republished, reproduced or copied in any way.

4.20 No Seller shall be entitled to claim any loss or damage against us for the use publication, republication, producing, reproducing, modifying, deleting, adapting or publishing any of the information provided by a Seller to us.

4.21 If you submit information to the Site in which you have no Intellectual Property Rights, it is your responsibility to gain permission from the original owner of that information. We may require production of evidence from a Seller of its Intellectual Property Rights in the information submitted.

4.22 We do not claim any Intellectual Property Rights in the content of any advertisement other than the content that is authored and published by us. By using this Site, all Sellers grant Laybyland a Licence to use any and all of the information provided by such Sellers to Laybyland with such Licence to be irrevocable, royalty-free, non-exclusive, worldwide sub-licensable and perpetual including but not limited to using, producing, reproducing, modifying, performing, translating, creating derivative works from, distributing, displaying, deleting, adapting and publishing such information.

Social media

4.23 We may use social media and the Site may provide links to a number of social media sites, for example Facebook, Twitter, Skype LinkedIn, Tik Tok, Viber and Instagram. We reserve the right to change, vary, increase, decrease or desist from its social media presence at any time at our sole discretion.

4.24 We may from time to time host our own social media function, including blogs, consumer reviews, ratings and forums but are not obliged to do so. We do not necessarily endorse, support, encourage, verify, or agree with any comments or opinions posted by third parties and any such posting does not necessarily represent the views of Laybyland. We take no responsibility for all and any content on the Site except for such items which are specifically identified as being content produced by us.

 

6 Retail Sellers

6.1 You must meet the requirements to be a Retail Seller to operate as such through the Site. We may require details and evidence of same.

6.2 If you are a Retail Seller, you must not advertise as a Private Seller and shall not purport to be a Private Seller.

6.3 In order to sell Products on the Site as a Retail Seller, you must create a Store Account and subscribe to the Site for at least the Minimum Term. Once a Store Account is created, these Terms and Conditions apply to you as an agreement with us until terminated:

(a) by either party giving the other party 30 days’ notice of intention to cancel a subscription; or
(b) by us without notice where there has been a breach of these Terms and Conditions by you as a Retail Seller.

6.4 As a Retail Seller, you are responsible for Product fulfilment, service returns, refunds, customer service, dispute resolution in respect of sales of Products via the Site.

6.5 By becoming a Retail Seller on this Site, you acknowledge that we may recover all costs that are incurred in relation to honouring sales of Products on the Site including but not limited to costs in relation to Charge Backs, Merchant fees, fulfillment, warranties, returns and Product defects. These costs will be debited to your credit card or direct debit account provided to us and you authorise such debits from your account.

6.6 Retail Seller advertisements must be classified in nature. Blanket advertisements such as “25% off all clothing” are considered to be generic advertising and are not permitted within the classified section of the Site. Failure to comply may result in your service being suspended or cancelled.

6.7 All advertisements placed by Retail Sellers must be for Products that are in stock and available for purchase. We may require an assurance or evidence of this from you from time to time. Failure to comply may result in your advertisement being removed from the Site and/or your Store Account being suspended or cancelled.

6.8 Except within the Allocated Area, under no circumstances are Retail Sellers permitted to advertise their business telephone number within their advertisements on the Site. Failure to comply may result in your advertisement being removed from the Site and/or your Store Account being suspended or cancelled.

Fees and payment

6.9 All Fees listed on the Site are inclusive of GST and incur Merchant fees.

6.10 All sales by Retail Seller on the Site are subject to a 20% commission. This fee may be varied from time to time without notice.

6.11 Details of Retail Seller fees can be found here. Payments will be charged monthly to the Retail Seller’s Store Account based on the Product’s date of sale. For example, if you originally paid on 10 February, your account will be charged on 10 March and so on.

6.12 Once the Minimum Term has expired, we will continue to charge your Store Account until we have been given one month’s notice of your intention to cancel your subscription.

6.13 In the event that we materially change these Terms and Conditions, we will notify Retail Sellers. If you are a Retail Seller, you may terminate the subscription with Laybyland within fourteen (14) days of such notice, failing which you are deemed to have accepted the changes to the Terms and Conditions.

6.14 By creating a Store Account and agreeing to these Terms and Conditions, you have authorised us to debit funds from your nominated account that may from time to time become due to us under your Store Account.

6.15 By agreeing to these Terms and Conditions you undertake to provide us with details of a valid bank account or credit card sufficient to enable us to credit or debit such account from time to time. You undertake to update or certify these details regularly and advise us if expiry dates or Card Verification Codes (CVCs), Card Security Codes (CSCs) or Printed Card Security Codes (PCSCs) change. We shall not be liable or responsible for the loss or delay of funds due to you as a result of your failure to provide accurate and current payment details in a timely manner.

6.16 We may give you at least fourteen (14) days’ notice in writing of any changes to the Terms and Conditions of the credit card payment structure. This notice will state the new amount, frequency, next charging date and any other changes.

6.17 Any Charge Backs attributable to your Store Account are your responsibility as a Seller. In this event, your Store Account will be charged by us, using your Credit Card details on file.

6.18 We will pay Retail Sellers (less our commission) for all sales within fourteen (14) business days of confirmation from you that the Product has been sold and dispatched.

6.19 Payment will be made via electronic funds transfer (EFT) to your nominated bank account.

Cancellation of subscriptions

6.20 Cancellations of subscriptions must be sent to us in writing via mail to PO Box 7081 Hawthorn North VIC 3122 or email to customerservice@laybyland.com.au. We will notify you when your cancellation is accepted by us.

6.21 Service to your Laybyland account will still be maintained after we notify you of the cancellation of your subscription and deactivated the day prior to the subsequent billing date.

 

7 General

Promotion of good business practice

7.1 We aim to promote good business practices and a fair and efficient marketplace. All advertisers on the Site must comply with all and any Australian laws or regulations that apply to any transaction on the Site in which you are involved.

Currency

7.2 All transactions are processed in Australian dollars (AUD).

Laybyland is not a party to transactions between Users on the Site

7.3 We are not a party to any contract between a Buyer and a Seller on the Site. To the extent that the law allows, there is to be no deemed association between a number of separate contracts.

Each purchase a separate contract

7.4 Each purchase by a Buyer from a Seller via the Site constitutes a separate contract between the Buyer and the Seller.

You may request amendments to these Terms and Conditions

7.5 Nothing in these Terms and Conditions preclude a User from approaching us and requesting to amend or qualify parts of these Terms and Conditions in their particular case or for a particular transaction. Such requests will be considered by us on a case-by-case basis and should be send in writing via mail to PO Box 7081 Hawthorn North VIC 3122 or email to customerservice@laybyland.com.au. These Terms and Conditions will continue to apply to you and your use of the Site, unless qualified or amended in writing signed on behalf of Laybyland and expressly identified as an amendment of these Terms and Conditions.

Relationship of parties

7.6 By using this Site you agree that there is no agency, partnership, joint venture, employee/employer or franchisee/franchisor relationship intended or created by these Terms and Conditions other than the agreement to host your advertisement on the Site and you shall not take any action or make any representation that you have any agency, partnership, joint venture, employee/employer or franchisee/franchisor relationship with Laybyland.

Governing law and jurisdiction

7.7 The agreement formed when you accept these Terms and Conditions is governed by and construed in accordance with the laws of the State of Victoria, Australia and you agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

Overseas Users

7.8 The Site may be accessed by Users from Australia and from overseas. We make no representation that the Site complies with the laws of any country outside of Australia. If you access the Site outside of Australia, you do so at your own risk.

Australian Consumer Law

7.9 To the extent required, the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) is imported into these Terms and Conditions.

7.10 To the extent permitted by Australian law, we disclaim all warranties, representations and conditions, express or implied, with regard to any information, software or Products including but not limited to:

  • merchantable quality;
    • durability and fitness for a particular purpose;
    • legal title; and
    • non-infringement of Intellectual Property Rights.

7.11 To the extent permitted by Australian law, Laybyland or its suppliers are not liable for any Loss suffered by a Buyer or Seller in respect of Products advertised on the Site.

No waiver

7.12 Our failure to act or delay in acting in relation to a breach of any of these Terms and Conditions is not a waiver of any of these Terms and Conditions or our rights arising under them. No action or inaction by us shall be deemed to be an actual waiver of any current or future liability.

Risk & Liability

7.13 We give no warranties in relation to the authenticity of advertisers or Users of the Site. To the extent permitted by Australian Law, we give no warranty as to the Products purchased from Sellers on the Site.

7.14 Some information on the Site may be uploaded by Sellers from external sources. We do not endorse or warrant the accuracy of this content nor do we accept any liability for inaccuracies or omissions in this content. The fact that content appears on the Site does not imply our endorsement or liability in respect of such content.

7.15 Unless expressly stated by us, hyperlinks to other websites contained within the Site are not maintained or controlled by us. These third-party hyperlinks are provided as a reference solely for the convenience of Users. As a result, we make no warranties about third party websites, nor do we accept any liability or responsibility for or endorse the content or use of these websites. If you enter a third-party website from the Site, you do so at your own risk. We take no responsibility for any virus, hacking or breach of security arising from the use of any such hyperlinks.

7.16 All reasonable care will be taken while compiling the Site’s content, including advertising content. Nevertheless, we do not warrant or represent that the Site is complete, current or free from typographical or other errors, or omissions. Information, advertisements, software and Product descriptions may include inaccuracies.

7.17 We endeavour to provide continual availability of our services and access to the Site. However, access to the Site may not always be possible due to numerous factors including those which are out of our control. We do not warrant or represent that our services and access to the Site will be timely, continuous, fault-free, uninterrupted,
secure or virus-free.

7.18 By reason of occasional technological difficulties, and to the extent permitted by Australian law, we will not be liable for any compensatory or exemplary damages arising out of or in any way connected with use of the Site or inability to use the Site even if we have been advised of the possibility of damages. You release Laybyland, its officers, contractors, employees and agents against all Loss, claims, costs, demands, damages and liabilities related to use or inability to use the Site in this regard.

Last updated on 01-04-2024

 

© 2023 Laybyland Pty Ltd