Our Toy Layby is back by popular demand !
Terms & Conditions of Layby - we know - it's a drag but we have to do it.The following terms & conditions apply to all layby orders and constitute a legal binding agreement.
Record of Payment
- A record of payments transaction history will always be available for both Toy Universe and buyer, recording all amounts paid to-date and the date and value of all future pending payments as per your agreed layby policy.
- Product’s on Layby will be set aside and stored separately to other products.
Cancellation of a Layby by Buyer
The buyer may cancel their Layby agreement up to 1 month prior of delivery of products by so advising Toy Universe in writing. If a buyer cancels a Layby, Toy Universe will provide a refund of payments made except for a $25 cancellation fee or the first payment, whichever is higher.
Cancellation of Layby by Toy Universe
Toy Universe will not cancel a layby unless –
- The buyer breaches the terms of the layby contract
- Toy Universe ceases trading; or
- The products are no longer available
Cancellation on breach by Buyer
If a buyer has breached a term of a Layby and Toy Universe intends to cancel the Layby, before doing Toy Universe will –
- Give the buyer notice of Toy Universe's intention to cancel the Layby; and
- Allow the buyer at least 7 days within which to rectify the breach; and
- The notice to be given has to be:
- in writing, sent to the buyer’s last known email address
- must specify the breach of the Layby for which the Layby is being cancelled; and
- must state the time within which the buyer must rectify the breach;
- will state the total purchase price, cancellation charges payable under the agreement, and any amount owing to either Toy Universe or the buyer.
The Layby is cancelled at the end of the period specified in the notice unless the buyer rectifies the breach before the cancellation date.Cancellation where business closes
- If Toy Universe proposes to stop trading before the agreement is completed, Toy Universe will give notice of the proposal to the buyer and must either –
- allow the buyer 7 days within which to complete the agreement; and
- cancel the Layby
- If the products are no longer available, Toy Universe will cancel the layby and refund all monies to the buyer.
- Subject to the above, when a Layby is cancelled by either party, Seller must refund all money paid within 14 days less the $25 cancellation fee or down payment, whichever is higher. There are circumstances which prohibit Toy Universe from keeping the cancellation charge. These include but are not limited to, situations where the products are damaged or not delivered or where Toy Universe has breached a term of the Layby agreement.
- ToyUniverse shall charge the buyer the 20% down payment which constitutes a cancellation fee under the terms of all Layby orders.
- ToyUniverse shall be entitled to pass on to the buyer all charge back fees received by any given bank for any given customer charge back from any given Layby.
- ToyUniverse shall not charge the customer any interest charges, membership fee or service fee on any Layby sales transaction. Lay-Buy Financial Solutions Pty Ltd trading as www. lay-buys. com charge an admin fee, which is a one-off 0.9% of the total order value at checkout. The buyer will pay this amount to Lay-Buys at checkout at time of paying the down payment. This fee is an admin fee and is therefore not refundable.
- Toy Universe will only dispatch the buyer's product/s after receiving the final instalment payment.
- This Agreement shall be binding upon, inure to the benefit of, and be enforceable by the representatives, successors and assigns of the parties hereto.
- This Agreement may be amended only by a written instrument duly executed by all parties hereto.
- The parties hereby represent and warrant that each of them has full legal right, power and authority to enter into this Agreement and to carry out its obligations hereunder.
- This Agreement may be executed simultaneously in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument.
- Article headings contained herein are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.