This Agreement is designed to explain what your obligations are when undertaking a Direct Debit arrangement with Payrix and the Business. It also details what our obligations are to you as your Direct Debit Provider. We recommend you to keep this agreement in a safe place for future reference. It forms part of the terms and conditions of your Direct Debit Request (DDR) and should be read in conjunction with your DDR form
I/We hereby authorize Payrix Pty Ltd (ABN: 63 135 196 397) Direct Debit User ID 382220 to make periodic debits on behalf of the “Business” as indicated on the front of this Direct Debit Request (herein referred to as the Business)
I/We acknowledge that Payrix is acting as a Direct Debit Agent for the Business and that Payrix does not provide any goods or services and has no express or implied liability in regards to the goods and services provided by the Business or the terms and conditions of any agreement with the Business. I/We acknowledge that Payrix and the Business will keep any information (including account details) contained in the Direct Debit Request confidential. Payrix and the Business will make reasonable efforts to keep any such information that we have about you secure and to ensure that any of our employees or agents who have access to information about you do not make any unauthorised use, modification, reproduction or disclosure of that information. We will only disclose information that we have about you: (a) to the extent specifically required by law; or (b) for the purposes of this agreement (including disclosing information in connection with any query or claim).
I/We acknowledge that the debit amount will be debited from my/our account according to the Direct Debit Request, this Agreement and the terms and conditions of the agreement with the Business. I/We acknowledge that bank account details have been verified against a recent bank statement to ensure accuracy of the details provided. If uncertain you should contact your financial institution. I/We acknowledge that is my/our responsibility to ensure that there is sufficient cleared funds in the nominated account by the due date to enable the direct debit to be honoured on the debit date. Direct debits normally occur overnight; however transactions can take up to three (3) business days depending on your financial institution. I/We acknowledge and agree that sufficient funds will remain in the nominated account until the direct debit amount has been debited from the account and that if there are insufficient funds available, I/We agree that Payrix will not be held responsible for any fees and charges that may be charged by your financial institution. I/We Acknowledge that there may be a delay in processing if:
1) There is a public or bank holiday on the day, or any day after the debit date
2) A payment request is received by Payrix on a day that is not a Banking Business Day
3) A Payment request is received after normal operational hours, being 4pm Monday to Friday. Any payments that fall due on any of the above will be processed on the next business day. I/We authorise the Business to vary the amount of the payments from time to time as provided for within the Business agreement. I/We authorise
Payrix to vary the amount of the payments upon instructions from the Business. I/We do not require Payrix to notify me/us of such variations to the debit amount. I/We acknowledge that the total amount billed will be for the specified period for this and/or subsequent agreements and/or amendments. I/We acknowledge that the Business is to provide 14 days notice if proposing to vary the terms of the debit arrangements. I/We acknowledge that variations to the debit arrangement will be directed to the Business. I/We acknowledge that any request to stop or cancel the debit arrangement will be directed to the Business. I/We acknowledge that any disputed debit payments will be directed to the Business. If no resolution is forthcoming you are advised to contact your financial institution. I/We acknowledge that if a debit is returned by my/our financial institution as unpaid, I/We will be responsible for any fees and charges for each unsuccessful debit in addition to any financial institution charges and collection fees, including and not limited to any solicitor fees and collection agent fees appointed by Payrix. I/We authorise Payrix to attempt to re-process any unsuccessful payments as advised by the Business. I/We acknowledge that if specified by the Business, a setup, variation, dishonour, SMS or processing fees may apply as instructed by the Business. I/We authorise:
1) The Debit User to verify details of my/our account with my/our financial institution
2) The Financial Institution to release information allowing the Debit User to verify my/our account details.
Payrix Pty Ltd ABN: 63 135 196 397
P.O Box 6290, Upper Mt Gravatt, Queensland 4122
Ph: 07 3040 4320 Fax: 07 3343 8590
General 123Layby.com.au Information
Regular payments are made weekly, fortnightly or monthly as chosen by you at the time or ordering. Layby periods range between 1 month/4 weeks up to 12 months/52 weeks. Payment methods are credit card (Mastercard & Visa) or direct debit.
If payment details need to be changed, please contact our Customer Service Team on 1300 152 929 between 10.00am and 5.00pm Monday to Friday.
Your goods will be delivered to the delivery address as shown on your initial order within 14 days from final payment date. If you need to change your delivery details please contact at your earliest convenience.
Your order can be cancelled at any time on your request before the final payment date and the cancellation fee will be applied.
Cancellation Policy
If you wish to cancel your order, you may do so at any time prior to the last layby instalment. There will be a 20% Cancellation fee on the Layby Payment, which we received on your Layby Order or you may prefer to receive a store credit to the full amount (100%) of your total instalments paid.
There will be no cancellation fee applied before layby payments have commenced.
Orders can be cancelled anytime prior to the delivery of the product. The customer can contact the 123Layby customer Service Team by sending an email to info@123layby.com.au
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 scheduled payment.
Missed Payments
If your layby payment is dishonoured, there will be a Dishonour Fee of $4.00 will be charged on your next scheduled payment.We will email you with an updated payment schedule. If there is three consecutive payments are missed, we will cancel your order. Customer should inform the Customer Service Team for any scheduled payment delay
End of Layby Period and Delivery
We will notify you 7 days prior to your final payment. If your delivery details have changed before dispatch, please notify us at support@123layby.com.au quoting your order number and change of details. Your order will arrive within 14 days of final payment date, unless otherwise specified.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.
Online Shopping Terms and Conditions
Your access and use of the 123Layby.com.au web site ("the Site") is subject to the following terms and conditions ("Terms and Conditions") displayed on this page, and all applicable laws. By accessing and using the Site and information contained on the Site, you accept, without qualification the terms and conditions outlined here.
"Please note that if in any case, your debit amount (first payment) is more than $200, we will demand the bank account details or any supporting documents."
Availability
There may be a situation when a particular product is no more in stock till the end of Layby Contract, in that case, the customer will be offered with an opportunity to either buy a product similar to the one that has been ordered or he can get a full refund of his Layby Payment if he is not happy with the new product.
Security Policy
123layby.com.au ensures all customers that they can shop with complete confidence online. 123layby.com.au designed and owns its secure transaction platform. We have the latest Secure Socket Layer technology (SSL) to ensure Site security. SSL is the industry standard for encryption technology for e-commerce sites. Our site uses SSL Webserver Certificates which offers secure communication by encrypting all data to and from the site. Always look for the golden padlock at the bottom of your order form and then you will know your data was transmitted safely.
Other Websites and Links
Internet links do occur however, 123layby.com.au is not responsible for the content of any site linked to or from the Site. Your linking to any other site is entirely at your own risk. Subject to the non-excludable statutory rights available to you, 123layby.com.au disclaims all warranties, express or implied as to the accuracy, validity, legality or otherwise of any materials or information contained on such sites.
Viruses
123layby.com.au assumes no responsibility and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of or browsing in the Site, or on your down loading of any materials, data text, images, video or audio from the Site.
Disclaimer
The information on this Site is provided by 123layby.com.au in good faith. You expressly acknowledge and agree that use of the Site is at your sole risk. 123layby.com.au does not exclude any condition or warranty that by reason of the Trade Practices Act, 1974 or any other relevant Australian legislation may not be excluded, but 123layby.com.au does exclude all other conditions and warranties express or implied by custom, the general law or statute.
123layby.com.au's liability under any non-excludable implied condition or warranty (except a non-excludable condition or warranty implied by the Trade Practices Act 1974 or any other similar legislation) is limited to:
(a) in the case of services, the lowest of the cost of supplying the services again and having the services supplied again; and
(b) in the case of goods, the lowest of the cost of replacing the goods, acquiring equivalent goods and having the goods repaired.
123layby.com.au T/As Fortune Group Aust Pty. Ltd. is not responsible for the content of any site linked to or from this website. Your linking to any other site is entirely at your own risk. Whilst 123layby.com.au may provide links on this site to other sites, the inclusion of such links is for your convenience only and should not be considered an endorsement of the owner of other site or the content of other sites.
123layby.com.au 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. 123layby.com.au will not place any charges on the particular order in question, unless the customer comes to an agreement on the revised order. 123layby 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.
Copyright
The content of these web pages is the copyright of 123layby.com.au. Save as provided below, reproduction of part or all of the content in any form is prohibited.
You may download to a local hard disk or print extracts from this website only for your personal use. You may recopy extracts to individual third parties for their personal information only provided that you acknowledge 123layby.com.au's copyright within the copy of the extract.
Copyright may exist on films, video tapes, CD's, DVDs, or other material contained on this Site. Unauthorised recording of such materials may be contrary to applicable copyright laws. All information contained on the Site is protected by copyright unless otherwise noted and may not be used except as permitted in these Terms and Conditions or in the text on the Site.
Information Provided To 123layby.com.au
You acknowledge and agree to the disclosure by 123layby.com.au of your identity or other information provided by you to this Site to any law enforcement agency in any jurisdiction that is investigating any breach or suspected breach of any law in any jurisdiction, upon being requested to do so by that law enforcement agency.
You agree to provide complete and accurate personal details when placing any order on the Site. ("Your Information"). When you provide Your Information you are representing and warranting that all of the information provided is accurate and true and you agree to indemnify and hold harmless 123layby.com.au for any damages, losses, costs, or expenses that 123layby.com.au may suffer if any of Your Information is incorrect.
Revised Terms and Conditions
123layby.com.au may revise these Terms and Conditions by updating this posting from time to time. Since you are bound by these Terms and Conditions, you should therefore periodically visit this page by clicking the hyperlink at the bottom of the page to review the then current terms and conditions.
Governing Law
This Agreement is governed by the law of the State of New South Wales and Australia and you expressly submit to the exclusive jurisdiction of Courts of that State.
Legal Notices
Copyright 123layby.com.au 2013. All rights reserved.
The content of these web pages is the copyright of 123layby.com.au. Reproduction of part or all of the content in any form is prohibited.
You may download to a local hard disk or print extracts from this website only for your personal use. You may recopy extracts to individual third parties for their personal information only provided that you acknowledge 123layby's copyright within the copy of the extract.
In Case of product update, the customer wil get the upgraded version of the original product laid by.
Warranty Information
All products are backed by Manufacturer's Authentic Warranty
Contacting Us
If there are any questions regarding this privacy policy you may contact us using the information below.