Terms of service

Layaway Depot NZ - Layby Purchase Agreement
Effective Date: June 26, 2025
Contact: admin@layawaydepot.co.nz

1. Definitions

1.1 Agreement: This agreement, comprising the Specific Terms and these General Terms.
1.2 Business Day: A day that is not a Saturday, Sunday, or public holiday in Auckland.
1.3 Cancellation Charge: 15% of the purchase price of the Products, capped at $250 NZD.
1.4 Cooling Off Period: 10 Business Days from the date We notify You of Our acceptance of Your application.
1.5 Delivery Address: The address for delivery provided by You.
1.6 General Terms: These general terms and conditions.
1.7 Payment Date: A scheduled instalment date under the Payment Plan.
1.8 Payment Plan: The frequency, number, and amount of payments set out in the Specific Terms.
1.9 Products: The products described in the Specific Terms.
1.10 Specific Terms: The customer-specific order summary.
1.11 Substitute Products: Similar products of comparable type, standard, and value.
1.12 Total Price: The total cost of the Products.
1.13 We, Our, Us, LayawayDepot: LayawayDepot NZ Ltd and its successors or assigns.
1.14 Website: Our online platform listing goods for sale.
1.15 You: The customer named in the Agreement.

2. Layby Agreement Overview

2.1 This Agreement allows You to acquire Products by paying in instalments.
2.2 You may cancel at any time before delivery.
2.3 If cancelled during the Cooling Off Period, We will refund 100% of instalments.
2.4 If cancelled after the Cooling Off Period, We will refund instalments minus the Cancellation Charge.
2.5 The Cancellation Charge is 15% of the Product price, capped at $250 NZD.
2.6 No additional fees may be charged under New Zealand consumer law.
2.7 If You miss a payment, We may treat it as a cancellation under this clause.
2.8 If We cancel due to breach or product unavailability, You receive a full refund with no Cancellation
Charge.
2.9 No Cancellation Charge applies if You cancel due to Our breach.
2.10 If You do not make any payment for 12 months and do not respond to Our contact, the Agreement will
be deemed cancelled under clause 2.4.
2.11 We will not deliver any Products until the Total Price has been paid in full.

3. Review and Acceptance

3.1 Please review these terms carefully before proceeding.
3.2 If You disagree, use the Cooling Off Period to exit the Agreement without penalty.

4. Contract Formation

4.1 Your application is an offer to purchase.
4.2 The Agreement begins once We accept and notify You.
4.3 If We reject Your application, We will refund any instalments received in full.
5. Product Availability
5.1 If Products become unavailable, We may offer similar Substitute Products.
5.2 You are not obliged to accept a Substitute Product.
5.3 If no Substitute Product is accepted, We will cancel the Agreement and refund You in full.

6. Payments

6.1 Payments must be made by direct debit unless otherwise agreed.
6.2 You may select a Payment Plan to suit Your schedule.
6.3 You must pay the full Total Price before delivery.
6.4 If You miss a payment, We may:
6.4.1 Recalculate the schedule to keep You on track; or
6.4.2 Treat it as a cancellation.
6.5 Contact Us at least 1 Business Day in advance if You want to reschedule a payment.
6.6 We may offer to reduce instalment amounts to support You. No increases will occur without Your
consent. No late fees apply.

7. Cancellation by You

7.1 You may cancel the Agreement at any time before delivery.
7.2 Email retentions@layawaydepot.co.nz to cancel.
7.3 If cancelled during the Cooling Off Period, You will receive a full refund.
7.4 If cancelled after the Cooling Off Period, the Cancellation Charge applies.

8. Refunds

8.1 Refunds will be processed within 5 Business Days to the bank account originally debited.
8.2 If the refund is rejected, We may request alternative account details.

9. Termination by Us

We may cancel the Agreement if:
9.1.1 You breach the terms;
9.1.2 We cease operations; or
9.1.3 The Products become unavailable under clause 5.

10. Delivery

10.1 We will deliver within 15 Business Days of receiving cleared full payment.
10.2 You must confirm any change to Your Delivery Address before Your final payment.
10.3 If We are unable to contact You, We will hold the Products until You confirm updated details.
10.4 Delivery Address must be Google Maps verified.
10.5 If delivery is delayed due to location or supply issues, We will notify You. Your cancellation rights remain
unaffected.

11. Title and Risk

Ownership passes to You only upon full payment and delivery. Risk transfers upon delivery.

12. New Zealand Consumer Law

Nothing in this Agreement limits Your rights under the Consumer Guarantees Act 1993 or Fair Trading Act
1986.

13. Your Information

13.1 You must keep Your details accurate and current.
13.2 Notices sent to Your last known address are valid.
13.3 You may request a statement showing amounts paid and due, including any Cancellation Charge.

14. General Provisions

14.1 You must be 18 years or older to enter into this Agreement.
14.2 Failure to enforce any clause does not waive Our rights.
14.3 If any term is found invalid, the rest of the Agreement remains valid.
14.4 We may assign Our rights without Your consent.

15. Direct Debit Service Agreement

15.1 You authorise Us to debit Your nominated bank account via Flow2Cash.
15.2 Direct debit dates are set out in the Payment Plan.
15.3 You must ensure sufficient funds are available.
15.4 We may recover actual charges from failed direct debits (e.g., bank fees).
15.5 No additional cancellation fees may be charged beyond clause 2.
15.6 If a payment falls on a non-Business Day, We will debit it the next Business Day.
15.7 Cancelling your direct debit will be treated as a request to cancel this Agreement.
15.8 If you dispute a direct debit, please notify Us or your bank immediately.
15.9 We will keep Your banking and payment information confidential unless required by law or to resolve a payment dispute.

Contact Us

For cancellations, inquiries, or to update your details, contact:

Email: admin@layawaydepot.co.nz
Website: www.layawaydepot.co.nz

Disclaimer: This Agreement complies with New Zealand law, including the Fair Trading Act 1986, Consumer
Guarantees Act 1993, and Privacy Act 2020. For legal advice, consult a licensed New Zealand lawyer.