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installment payment plan (Lay-by)
Petworks Odeco & Nikki Hatsu Haru pair
Cost details: Odeco & Nikki Hatsu Haru pair AUD 375.00 + shipping to France AUD85.00
Installment plan - 2 x equal payments AUD 230.00
Total cost AUD 460.00
First payment AUD 230.00 February 2012
Second payment AUD 230.00 March 2012
Payments can be varied in frequency at any time
The full cost can be paid at anytime.
Delivery of Odeco & Nikki is on receipt of full & final payment.
A installment plan (Lay-by) agreement starts on receipt of first payment.
First payment received thank you. 02 Feb 2012
Final payment received thank you. 01 Mar 2012
Item posted Tweed Heads Post Office 01 Mar 2012. Registered & insured No. RQ025170093AU
We will advise shipping details via email.
Thank you for allowing us to supply your doll.
The Australian Consumer Law
Lay-by Agreements
What is a lay-by agreement?
An agreement is a lay-by if:
the consumer pays for goods in at least three instalments (when the agreement is not stated as a lay-by) or in two instalments (when the agreement is called a lay-by); and
the consumer does not receive the goods until the full price has been paid.
Business Requirements
Lay-by agreements must:
be in writing;
be transparent which means expressed in plain language (not phrased in legal jargon), legible and clearly presented;
specifiy all terms and conditions including any termination fee (terms and conditions are not to be hidden in fine print or schedules);
A supplier must give a copy of the written agreement to the consumer
Cancelling a lay-by agreement - Consumers
A consumer can cancel a lay-by agreement however they may have to pay a termination fee.
If the consumer's lay-by payments do not cover the termination fee, the supplier can recover the outstanding amount as a debt
The supplier must refund all amounts paid by the consumer under the agreement. A termination fee can be charged unless the supplier has breached the lay-by agreement.
Termination Fee
There is no set amount or percentage for a termination fee. It is an offence to charge a termination fee which is higher than the 'reasonable costs' associated with the agreement.
A supplier can only charge for 'reasonable costs' relating to the agreement.
What is 'reasonable' will depend on the circumstances of each lay-by agreement
Suppliers need to be able justify claims for 'reasonable costs'.
A supplier cannot charge a termination fee when they have terminated the agreement.
A supplier is not entitled to damages or other remedy
Cancelling a lay-by agreement - Suppliers/Business
A supplier or business can only terminate a lay-by agreement when:
the consumers have breached the agreement (eg failing to make a scheduled payment on time)
the supplier or business has ceased trading
the goods are no longer available due to circumstances beyond the supplier's control