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Purchase Terms & Conditions

Pre Christmas Delivery 2018

For orders where delivery is required prior to the 25th of December 2018, you must set the 'Estimated Delivery Date' on the order at no later than the 1st of December 2018. Any orders with the estimated delivery date set after the 1st of December 2018 cannot be guaranteed delivered prior to the 25th of December 2018.

General Layby Information

Our Layby Period is defined as the number of days/weeks/months from your first payment date to your final payment date.

Our minimum Layby period is four (4) weeks/ two (2) fortnights / one (1) month with a maximum Layby period of fifty two (52) weeks / twenty six (26) fortnights / twelve (12) months.

If for any reason an error occurs allowing your layby period to be beyond the maximum or under the minimum allowable layby period we reserve the right to adjust your payment amount to be within these periods and notify you by email. 

When you wish to Buy Now to obtain your order before the minimum stated layby period (4 weeks) OR shorten the length of your original payment schedule, you will need to contact us to ascertain whether we and our supplier can achieve this.  Unless we confirm via email that this can be achieved the 4 weeks minimum period will stand.

We accept payment by Direct Debit, Mastercard, Visa or PayPal.

Payments made by Direct Debit, Mastercard, Visa or PayPal require a first payment minimum of $10 which must be made within 14x days of your order placement date.  If your first payment is not received within 14x days of your order placement date then your order will be automatically cancelled without the need to notify you of the cancellation.

The minimum amount for each payment following the first payment is $10.00 with the exception of the final payment amount scheduled. 

Regular payments must be made in accordance with your chosen payment frequency of weekly, fortnightly or monthly. If you need to change any of your payment or order details please contact us on 03 9230 1805 between 9.00am and 5.00pm Monday to Friday

Your Layby will be delivered to your delivery address within 14 days after the final payment date unless there is a product delay outside of our control.  You can change your delivery address online, over the phone or via email up to the date specified on your order confirmation. If you wish to change your delivery address within 2 days of the final payment date, please contact us as this may incur a small fee.

Your Layby order can be cancelled at any time up until the delivery of your order to your nominated delivery address. Please see below for more info on our cancellation policy including cancellation charges which may apply

  

Minimum Shopping Cart Grand Total

Please note the minimum Shopping Cart Grand Total that is required to check out on www.mylayby.co.nz is $50 after vouchers or discount coupons have been applied.

 

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 My Layby 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. My Layby has a minimum cart value of $50 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.   

Availability

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

 

Payments

Once you have placed your order, an initial payment of the first instalment is required with following payments occurring at the time intervals you have selected. Automatic payments will occur on the day (or next business day if the date is a public holiday). 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

You may cancel your order at any time prior to the final payment.  If you cancel your order within 21 days of the date off your original order confirmation (Cooling off period) there will be no cancellation fee.  After the cooling off period, My Layby will charge cancellation fees as follows:

- Prior to your Final Payment Date, and providing you have made no changes to your original Order Confirmation, a $10 fee will be charged at the cancellation date.  If a change has been made to your original Order Confirmation at your request, we will recover other reasonable costs (Up to a maximum cancellation fee of $25).

- After your Final Payment Date and before delivery of your order is made, a cancellation fee will be charged to recover other reasonable costs related to your order (Up to a maximum cancellation fee of $500)

Once delivery of your order is made, your layby cannot be cancelled as it is complete.

  

Changes to Payment Plans

You can make changes to your payment plan via your account on our website. The maximum period that you can extend a Layby Payment Plan is 28 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, customerservice@mylayby.co.nz


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 succesfully 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.


Failed Payments

If a scheduled payment fails we will charge you a $3 failed payment dishonour fee. Please note the amount of your failed payment plus the failed payment fee 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 succesful 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 2 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 charged a dishonour fee of $3.00 to cover charges incurred from a missed Direct Debit or Credit Card payment. Please note that your financial institution may also charge you a dishonour fee.


 
End of Layby Period and Delivery

We will notify you 7 days prior to your final payment. If your delivery details have changed before despatch, please notify us at customerservice@mylayby.co.nz quoting your order number and change of details. Your order will arrive within 14 days of final payment date, unless otherwise specified. Please note, in some circumstances we are unable to deliver to more remote areas of Australia or may need to charge a delivery fee if our normal couriers do not deliver to your remote location.  Please contact our Customer Service Team to confirm delivery is available.


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.


 
Returns

Please see our returns policy by clicking here. 

 

Payment Processing

Debit Success are responsible for handling customer payments on behalf of My Layby.

 

Disclaimer

mylayby.co.nz 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. My Layby 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.

 

TERMS AND CONDITIONS OF THE DEBITSUCCESS CONTRACT

1. INTRODUCTION
This document outlines the rights and responsibilities you have with regard to the ability of Debitsuccess Pty Ltd to directly debit your nominated bank account or credit card for any instalments or fees due by you under the terms and conditions of this Contract and DDR Service Agreement, the terms of which are stated below. Should you have queries regarding your Contract or this DDR form you should in the first instance contact Debitsuccess on 1-800 148 848.

 

2. PARTIES TO CONTRACT
The "Facility" means the organisation providing the service for which the Customer is paying. The "Customer" means the person or party signing this Contract. “Debitsuccess” is Debitsuccess Pty Limited PO Box 577 Mount Waverley Vic 3149 Phone: 1-800 148 848, E-mail: customerservice@Debitsuccess.com. All communication relating to this Contract is to be sent directly to Debitsuccess. The Customer acknowledges that Debitsuccess has been contracted by the Facility to collect the Instalments due under this Contract, and also acknowledges that all rights of the Facility pursuant to this Contract are able to be enforced by Debitsuccess as if it were the Facility without any involvement on the part of the Facility or the consent of the Customer.

 

3. PAYMENTS
The Customer agrees to pay the instalment amount at the agreed payment frequency until this Contract is terminated in accordance with clause 4 below. Should there be any arrears in payments the Customer authorises Debitsuccess to debit the outstanding balance in order to bring the account up to date.

 

4. TERMINATION OF CONTRACT
The Customer may terminate this Contract before the expiry of the minimum term or payments if all the instalments and fees due up to the date of termination are paid, and in addition the cancellation fee as specified on the front of this Contract is paid to Debitsuccess. If the cancellation fee has been left blank or has been crossed out then this contract may not be cancelled before the expiry of the minimum term or payments. After the expiry of the minimum term or payments, and after all instalments and fees due have been paid in full, should the box on the front of this Contract requesting termination at minimum term be marked then this Contract shall automatically terminate. Should the box on the front of this Contract requesting termination after the minimum term not be marked, then this Contract shall continue indefinitely until such time as the Customer requests Debitsuccess, after the expiry of the minimum term and after all instalments and fees due up to the date of termination have been paid, for it to terminate. There may be a period of notice of not more than 30 days specified by the facility between the date of request and the date of actual termination during which any payments due must still be paid in full. The Customer shall not consider that this contract has been terminated until such time as this is confirmed in writing to the Customer by Debitsuccess.

 

5. LATE PAYMENT FEE
A late payment fee of $4.00 is payable by the Customer to Debitsuccess for each reversal of any payment due under this contract.

 

6. ADMINISTRATION FEE
A one-off fee of $0.00 is payable to Debitsuccess by the Customer on signing of this Contract.

 

7. PRIVACY
The Customer acknowledges that personal information collected by or held by the Facility or Debitsuccess may be used by third parties approved by the Facility to make offers to the Customer.

 

8. LIABILITY
To the extent permitted by law, the Facility and Debitsuccess shall not be liable or responsible to the Customer for any direct, indirect or consequential injury, loss or damage to the Customer or the property of the Customer whatsoever and howsoever arising. Should this contract relate to payments for the entitlement to use a fitness or health facility, the Customer acknowledges that with any physical activity, as is likely to be carried out by the Customer at the Facility, there is a risk of both minor and major accidents, injury and death. Understanding and acknowledging this risk, the Customer agrees to use the Facility at their own risk.

 

9. DEBT COLLECTION AGENCIES
The Customer authorises Debitsuccess to notify any debt collection agency upon default by the Customer in regard to any obligation under this Contract. Should this occur then at Debitsuccess’ sole discretion it may terminate the contract at which time the full outstanding balance for the remainder of the minimum term or payments including any current arrears shall be immediately due in full. In addition Debitsuccess shall add $50 to the outstanding debt as its fee for dealing with the defaulting member. The Customer authorises Debitsuccess to add any further amount to the outstanding debt that might be reasonably incurred by Debitsuccess in collecting the outstanding debt. This further amount shall include the fees of the agency to whom the account is referred which are based on the total amount collected by them.

 

10. ENTITLEMENT
The Customer acknowledges that provision of services provided by the Facility may change and for the purposes of this Contract is based on "entitlement" to use and not on actual use. The Customer agrees to be bound by the rules and conditions of the Facility. The Facility and/or Debitsuccess may terminate entitlement of use of the Facility by any Customer if the Customer fails to comply with the rules of conduct of the Facility or fails to make payment of any fee on the due date.

 

11. PROVISION OF SERVICE
Change of location or ownership or the name of the Facility does not absolve the Customer of responsibilities under the terms and conditions of this Contract.

 

12. INCREASE IN FEES
The Facility or Debitsuccess may at any time AFTER the end of the minimum term, upon sending written notice to the Customer's last known address and giving 14 days notice, increase the instalment amount.

 

13. TRANSFERS
The Customer may at the sole discretion of Debitsuccess and the Facility be able to transfer this contract to another person, or to another participating Debitsuccess Facility. Any transfers to a new Facility must be as a result of the relocation of the Customer to another town or city. Should a transfer occur all of the terms and conditions of this contract shall apply except the payments may be adjusted to be in line with those normal charges made by the new Facility. There will be a fee charged for each transfer.

 

14. ENTIRE AGREEMENT
This Contract and DDR Service Agreement constitute the entire agreement, understanding and arrangement (express and implied) between the Customer, the Facility and Debitsuccess relating to the subject matter of this Contract and supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral.

 

 

TERMS AND CONDITIONS OF THE DEBIT SUCCESS DIRECT DEBIT REQUEST:

 

1. INITIAL TERMS
Debitsuccess will debit your nominated account for the amounts and at the frequency of payments as agreed between us on the Debitsuccess DDR Contract signed and accepted by you.

 

2. CHANGE OF TERMS
In the unlikely event that the initial terms are to change, they can only do so in accordance with your Contract and we must give you at least 14 days notice of the changes including if applicable the new amount, new frequency and next debit date.

 

3. DEFERRING OR STOPPING A PAYMENT
Should you wish to defer a payment to another date you must contact Debitsuccess before the date of that payment to request the deferment. Deferments are entirely at the discretion of Debitsuccess and will depend on the length of deferment, the current state of your account and your past history. You may request us to stop an individual payment however you will still be liable to make this payment by some other method or your account will become overdue

 

4. ALTERING THE SCHEDULE
Should you wish to alter the payment frequency or Day to Debit contact Debitsuccess and at our discretion in most instances we will be able to make the changes you require. There may be a fee charged for this service. Any changes made will not affect the total amount you would otherwise have paid over the minimum term of your Contract.

 

5. SUSPENDING THE PAYMENTS
Suspension of payments may be possible under the terms of your Contract. Payments may be suspended for a minimum of 2 weeks at a time so long as the total time suspended within the minimum term does not exceed 6 weeks. In order to suspend payments you should contact Debitsuccess at least 3 days prior to the date of the first suspended payment. There is a charge of $ 5.00 per week while the contract is suspended unless a different fee is specified on the front of this Contract.. Any time spent on suspension will be added onto the minimum term of the Contract so that the sum of the instalments payable for the minimum term or number of payments shall still be payable regardless of any suspension or suspension charges made.

 

6. CANCELLING THE PAYMENTS
You can cancel this Direct Debit Request Authority by requesting this of Debitsuccess or your bank. Cancellation of the authority to debit your account will not terminate this contract or remove your liability to make the payments you have agreed to.

 

7. DISPUTES
If you dispute any debit payment, you must notify Debitsuccess immediately. Debitsuccess will respond to your dispute within 7 working days and will immediately refund the amount of the debit if we are not able to substantiate the reason for it.. If you do not receive a satisfactory response from us to your dispute contact your financial institution 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. NON WORKING DAY
When the day to debit falls on a weekend or public holiday the debit will be initiated on the next working 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 Debitsuccess will debit you an additional $10 with your next payment and may, if we have not received instructions to the contrary from you, debit both the current due payment and the now overdue payment(s) on the same day. Debitsuccess may debit other fees or costs involved with debt collection in accordance with the terms and conditions of the Contract.

 

10. ENQUIRIES
Direct all enquiries to us, rather than your financial institution, and these should be made at least 1 working day prior to the next scheduled debit date.

 

11. 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 Debitsuccess with a new account number.

 

12. PRIVACY
Your account records and details will not be disclosed to any outside person or entity accept in accordance with the rules la id down in the Contract and where such information is required in connection with any claim for an alleged incorrect or wrongful debit.