Terms & Conditions: Stoned Hilda Lay-Buy
Lay-Buy Terms, Agreements and Contract

Stoned Hilda Lay-Buy have identified core principles, we believe are integral and imperative for all Lay-Buy agreement deals transacted through our PUT IT ON LAY-BUY checkout payment option to be fair and reasonable per the Fair Trading Act 1999.

The following principles below therefore make up the Terms & Conditions for any Lay-Buy or Lay-buy contract and related transactions entered into. This applies to all and any Lay-Buy contract template utilized by both the vendor or consumer:

1. Record of Payment
   A record of payments transaction history will always be available for both the merchant and buyer, recording all amounts paid to-date and the date and value of all future pending payments as per this being our agreed lay-by policy.
2. Storage and Identification of Lay-Buy Products
   Product’s on Lay-Buy will be set aside and stored separately to other products. Products will be clearly identified as ‘Lay-By contract’ products by a number or some other identification.
3. Cancellation of Lay-Buy by Buyer
   The buyer may cancel their Lay-Buy agreement form at any time prior to delivery of product / products and before the conclusion of Lay-Buy agreement of 8 (eight) weeks from date of Lay-Buy deposit taken.  
   Cancelation must be in writing to: mail@stonedhilda.com.au
   Buyer must be aware of Stoned Hilda’s Lay-Buy Cancelation Fee of $10.00 AUD per Lay-Buy.
   If a buyer cancels their Lay-Buy on /after delivery of product / products, the product / products then become processed as a “Return” as per our “Stoned Hilda Returns Policy” at this address: https://www.stonedhilda.com.au/pages/returns-refunds-policy
   If a buyer cancels a Lay-Buy, Stoned Hilda will, if so requested by the buyer, give the buyer a “cancellation statement” which sets out -
   a) The purchase price of the products; and
   b) Advise customer of the cancellation fee payable to seller under all Lay-Buy terms and conditions; and
   c) The total amount paid under the Lay-Buy; and
   d) Any amount owing to Stoned Hilda or the seller under the Lay-Buy terms on the cancellation of the Lay-Buy. If  Stoned Hilda does not accept the buyer’s written cancellation it is obliged to give/send the buyer a duly completed Lay-Buy Form of Cancellation immediately.
4. Cancellation of Lay-Buy by Stoned Hilda
   Stoned Hilda under a Lay-Buy must not cancel a Lay-Buy unless –
   a) The buyer breaches a term of the Lay-Buy; or
   b) The seller stops trading; or
   c) The products are no longer available

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1. Cancellation on breach by Buyer
   If a buyer has breached a term of a Lay-Buy and seller intends to cancel the Lay-Buy, before doing so Stoned Hilda must –
   a) Give the buyer notice of seller’s intention to cancel the Lay-Buy; and
   b) Allow the buyer at least 14 days within which to rectify the breach; and
   c) The notice to be given has to be:
   I) in writing, sent to the buyer’s email address.
   II) must specify the breach of the Lay-Buy for which the Lay-Buy is being cancelled; and
   III) must state the time within which the buyer must rectify the breach;
   IV) must state the matters listed per below:* the purchase price of the products;
   * all cancellation charges payable under the agreement; and
   * the total amount paid under the Lay-Buy;
   * any amount owing to either the buyer or seller under the terms of the Lay-Buy on the cancellation of the Lay-Buy. The Lay-Buy is cancelled at the end of the period specified in the notice unless the buyer rectifies the breach before then or Seller agrees not to cancel it.
2. Cancellation where business closes
   If Seller under a Lay-Buy agreement proposes to stop trading before the agreement is completed, Seller must give notice of the proposal to the buyer and must either –
   (a) allow the buyer 7 days within which to complete the agreement; and
   (b) cancel the Lay-Buy
3. Cancellation where products not available
   If the products are no longer available, Seller must cancel the Lay-Buy and refund all monies to the buyer.
4. Effect of Cancellation
   Subject to the above, when a Lay-Buy is cancelled by either party, Stoned Hilda must refund all money paid by buyer for the Lay-Buy within 14 days. If buyer cancels all admin fees and a cancellation fee of $10.00 AUD to be paid to Stoned Hilda. There are circumstances which prohibit Seller from keeping the cancellation charge. These include but are not limited to, situations where the products are damaged or not delivered or where Seller has breached a term of the Lay-Buy statement.
5. Cancellation Charge
   Stoned Hilda shall charge the buyer a AUD $10.00 cancellation fee under the terms of all Lay-Buy deals.
6. Banking Charges back Fees
   The seller 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 Lay-Buy deal.
7. Service Fee
   Stoned Hilda shall not charge the customer any interest charges or membership fees on any Lay-Buy sales transaction.
   Lay-Buy Financial Solutions Pty Ltd trading as www.lay-buys.com charge an admin fee, which is a once-off 1.9% 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. This admin fee is not a fee paid to Stoned Hilda and therefore not affiliated. Stoned Hilda is not responsible for these admin fees and/or refunding to the buyer.
8. Lay-Buy Reporting
   Stoned Hilda shall have reporting in place for all Lay-Buy deals covering Down Payment made, Lay-Buy period, Frequency of payments required, Payment amount required per instalment; and a full record of all payments made to-date (amount and date on which made).
9. Delivery
   Stoned Hilda will only dispatch the buyer product/s after receiving the final instalment payment for all Lay-Buy deals.
10. Lay-Buy Terms
    Each Lay-Buy has a term of 8 (eight) weeks from date of deposit taken. If a Lay-Buy is not paid in full by the end of the 8 (eight) weeks, the buyer will then be deemed to be in breach of our Stoned Hilda Lay-Buy contract and subjected to cancellation fees ($10.00 AUD) and all Admin Fees / Service Fees as stated above at point (11) and a full cancellation of Lay-Buy.
    Lay-Buys shall be capped at no more than 2 active Lay-Buys per customer until such time that all lay-buys are fully paid by customer and up to date as above conditions.
11. MISCELLANEOUS
    14.1   This Agreement shall be binding upon, inure to the benefit of, and be enforceable by Stoned Hilda.
    14.2   This Agreement may be amended only by Stoned Hilda.
    14.3   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.
    14.4   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.
    14.5   Article headings contained herein are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.