CUSTOMER LAYBY SALES AGREEMENT
- 1. The Customer hereby agrees to purchase from the Merchant the Goods set out in the Schedule to
this Customer Layby Sales Agreement (the “Schedule”) and to pay to Layby Café the amounts set
out in the Schedule.
- 2. The Schedule contains the calculation of the Purchase Price of the Goods, the Payment Plan and
Payment Schedule and forms part of this Customer Layby Sales Agreement.
- 3. The Parties record that this agreement is a Layby agreement as envisaged in the Consumer
Protection Act No.68 of 2008 (CPA) and the CPA is applicable to this agreement, read with inter
alia the CPA Regulations (in GN R293 in GG 34180 of 1 April 2011).
- 4. NOTICE: This Customer Layby Sales Agreement may be subject to minimum and maximum term(s)
of duration, or minimum and/or maximum purchase price and may be restricted to certain particular
products, subject to availability, as may be agreed and set out in the Schedule. It is recorded that
due to time lapse from the conclusion of the Customer Layby Sales Agreement, specifications of
goods may improve and in such event the Merchant offers and the Customer has an election to
accept an upgrade or exchange of the particular goods with improved specifications and amended
Schedule Terms.
5. Payment Of Instalments as set out in the Schedule
- 5.1. All payments in terms of this Customer Layby Sales Agreement must be made in South African
Rand.
- 5.2. The Customer will be required to make a deposit upon the original order date. This initial
deposit and the total Purchase Price is determined solely by the Merchant.
- 5.3. Following the initial deposit, minimum monthly payments are due on the last day of each billing
cycle. A billing cycle refers to each month in the agreed Payment Plan timeframe of the
Schedule.
- 5.4. All payments to be made in terms hereof shall be paid in accordance with the Customer’s
preference on the Layby Café Platform.
6. Early Settlement
The Customer is entitled to pay up the full outstanding Layby amount at any time but will be required
to give the Merchant 7 (seven) days' notice for purposes of stock management and delivery – this
notification will be initiated via the Layby Café Platform.
7. Possession, Ownership, Use And Risk Of The Goods
- 7.1. Possession of the Goods will only pass to the Customer once the full Layby amount has been
paid.
- 7.2. The risk regarding loss of or damage to the goods shall pass to the Customer upon delivery of
the goods.
8. Interest
There are no interest, fees or charges payable by the Customer for the amount paid under this
Customer Layby Sales Agreement and the National Credit Act 34 of 2005 (the “NCA”) does not
apply to this Customer Layby Sales Agreement.
9. Customer’s Right To Terminate The Customer Layby Sales Agreement
- 9.1. It is recorded that the Merchant will guarantee that the price of the Goods will not change
for the duration of the Customer Layby Sales Agreement.
- 9.2. Layby Café shall on termination by the Customer issue a notification on the Layby Café
Platform to the Customer to confirm such termination.
10. Statement Of Account
- 10.1. The Merchant and the Customer will be able to access a Statement of Account on the
Layby Café Platform.
- 10.2. The Merchant and the Customer shall be entitled to dispute all or part of any incorrect
credit or debit in a statement of account.
- 10.3. The Merchant and Customer shall be responsible to ensure that his/her contact details
remain up to date and shall immediately advise Layby Café of any changes.
11. Inability By The Merchant To Deliver The Goods
- 11.1. If the Merchant is unable to deliver the Goods once the Customer has settled the total
Layby amount, due to circumstances outside of its control, the Merchant must, at the
election of the Customer:
- 11.1.1. supply the Customer with Goods that are equivalent or superior to the Goods
originally purchased; or
- 11.1.2. Layby Café will refund to the Customer all monies paid in terms of the Customer
Layby Sales Agreement.
- 11.2. If the Merchant is unable to deliver the Goods (or the free upgrade of Goods as may be
agreed) once the Customer has settled the total Layby amount, due to any circumstances,
the Merchant must refund to Layby Café within 14 (fourteen) days the full amount it has
received from Layby Café in terms of the Layby Café User Agreement and Layby Café will,
in turn, refund this amount to the Customer.
12. Cession And Assignment
Neither the Merchant not the Customer may cede, assign or transfer any of the rights or
obligations in terms of this Customer Layby Sales Agreement
13. Electronic Signature
- 13.1. All references to signatures and delivery of documents in this Customer Layby Sales Agreement
may be satisfied by procedures the Merchant has established or may establish from time to time
for an electronic system for execution and delivery of any such documents, including this
Customer Layby Sales Agreement.
- 13.2. The Customer's electronic signature, including, without limitation, "click-through" acceptance of
this Customer Layby Sales Agreement through a website maintained by or on behalf of the
Merchant, is the same as, and shall have the same force and effect as, the Customer’s manual
signature.
- 13.3. Any such procedures and delivery may be effected by a third party engaged by the Merchant to
provide administrative services relating to this Customer Layby Sales Agreement.
14. Addresses For Receiving Of Documents
- 14.1 All process (including summonses), documents, pleadings and notices relating to this
Customer Layby Sales Agreement shall be served or given to the Merchant at the address set out
in clause 1 unless such address has been changed in writing as provided hereunder.
- 14.2 All process (including summonses), documents, pleadings and notices relating
to this Customer Layby Sales Agreement may be served or given to the Customer at the address set out in clause 1, unless such address has been changed in writing as provided
hereunder.
- 14.3 As such, the Parties choose the aforesaid addresses as their respective
domicilia citandi (an address where service of the aforesaid documents may be effected).
- 14.4 Either Party to this Customer Layby Sales Agreement may change its address
by amending on the Layby Café Platform.
15. General
- 15.1 The Customer confirms that this Customer Layby Sales Agreement is in one of the
official languages that he/she understands and acknowledges that he/she received a copy of the
Customer Layby Sales Agreement in an official language which he/she requested.
- 15.2 The Customer confirms and acknowledges that the terms and conditions of this
Customer Layby Sales Agreement, including the Schedule and his/her obligations thereunder, have
been explained to him/her and that he/she understands them in full and agrees to them.
- 15.3 References in this Customer Layby Sales Agreement to the singular shall
include the plural and vice versa and references to the masculine gender shall include the
feminine and neuter genders and vice versa.
- 15.4 Each clause of this Customer Layby Sales Agreement shall be severable from the
remainder of the Customer Layby Sales Agreement and should any clause in this Customer Layby
Sales Agreement be found to be invalid, such invalidity shall not affect the validity of the remainder
of the Customer Layby Sales Agreement.
- 15.5 This Customer Layby Sales Agreement, including and consisting of the Schedule and
the terms and conditions of the Customer Layby Sales Agreement, constitutes the entire agreement
between the Parties and no amendment, alteration, consensual cancellation or waiver shall be valid
or binding on the Parties unless reduced to writing and signed by the Customer and an authorised
representative of the Merchant.
- 15.6 The Customer hereby warrants that the information supplied in the application
is correct.
