Layby Terms & Conditions
Outlined below are terms and conditions for all customers who purchase products on Layby from Premium Deals limited.
Your right to cancel :
You may cancel this layby sale agreement at any time before taking possession of the goods described above. If you wish to cancel you can contact us using the contact details above, including ringing us or sending us an email or mail (although we may not receive mail as quickly). You just need to make it clear that your intention is to cancel the agreement and then subject to any cancellation fee that applies, we will refund any money that you have already paid. We may also cancel the agreement in certain situations which are set out in the Sales Terms below.
Cancellation fee :
We are entitled to charge a cancellation fee where you choose to cancel this agreement or where we cancel the agreement because you have breached a material term e.g. not paying the price in full by the agreed date.
The cancellation fee we charge is calculated as the amount of any loss in value of the goods between the date of this agreement and the date of cancellation, as well as our reasonable administration costs. We will deduct this amount from any amount paid by you before refunding you any balance. If the amount paid by you is not sufficient to cover the cancellation fee then we are entitled to recover the amount still owing from you
No cancellation fees will be charged if the contract is cancelled within 5 working days of receiving the copy of this agreement.
Interest & Fees
There are no interest charges or credit fees payable under this layby sale. In addition to any cancellation fee we may charge (as set out above) the following fees that are payable to third parties or as a result of government charges, duties or taxes, may be applicable:
- a cancellation fee; No cancellation fee is charged if cancelled within 5 working days of signing up the agreement. charges for an optional service;
- government charges, duties, taxes or levies ;
- fee or charge payable by you for an amount payable by us to an unrelated third party. For example postage and handling charges, direct debit fees or debt collection fees paid to third parties.
Sales Terms :
1.1 Catalogue – Means the catalogue of Products on our website
1.2 Delivery fees – Means a separate charge for freight and handling.
1.3 Products – Means the Products listed for sale in our Catalogue you have ordered and we have agreed to supply to you.
1.4 Purchase Price- This is the total cost including GST of a Product or Products you have ordered and we have agreed to supply to you (as stated on the layby agreement),
1.5 Sales Terms – Means these terms and conditions of sale and the Layby Agreement cover pages.
1.6 We, our and us- Premium Deals limited.
2. Information about You
2.1 Any information we hold about you in our database must be accurate at all times. You must email us at firstname.lastname@example.org or call us at 0800 46 7736 to let us know of any changes
2.2 We will not be liable (legally or otherwise) for any communications, deliveries or other matter, that have been addressed to you but which have not reached you because of changes to the information we hold about you which have not been communicated to us.
2.3 The information we hold about you may be kept for a period of upto 7 years.
2.4 You have rights under the Privacy Act 1993 to access and ask for the correction of any Personal information which we hold about you.
2.5 You authorise us to disclose personal information about you to credit reporting and debt collection agencies in the event of any default in any sum owing to us, and also to any third party making an authorised enquiry about you. You understand that we are asking you for personal information so that we are able to assess your credit application and we may credit check you, if necessary. You understand that the credit reporting service will provide information about you and they may hold that information on their systems and use it to provide their credit reporting service. By completing an online enquiry form or an online layby application and applying for credit, you agree:
(a) that your information held by us may be used by other companies within our group to advise you about other products and services;
(b) we may disclose information held about you to other credit providers, credit reference agencies and any other party that is authorised by you from time to time.
(c) we may obtain, use and disclose any and all your information for the purposes set out above and you further authorise the release to us of any Information held by credit reference agencies and credit providers for the purposes set out above;
(d) We may use a credit reference agency in the future for purposes related to the provision of credit to you. You authorise us to give our credit reference agency information about any default in your payment obligations; We may contact any Government Departments ,for the purposes of seeking information about me/us in the course of taking lawful recovery action for debt/goods supplied. Where the personal information may readily be retrieved, I/We shall have the access to it together with the right to request correction to information stored and the right to be notified of action taken in response to any such request, subject only to the payment of reasonable fees if requested by us.
2.6 It is a material term of this Agreement that you agree to us carrying out a credit search and that your credit report is satisfactory in all respects.
3.1 These Sales Terms constitute the contract between you and us for the sale and purchase of Products through our website, mobile app or any other online medium. Your use of a Product is also subject to any additional terms and conditions which applies specifically to that Product.
3.2 We shall sell and you shall purchase the Products in accordance with these sales terms only, if you disagree with any of these sales terms you should not purchase products from our mobile shop, catalogue, website, mobile app or any other online or offline medium. By proceeding to purchase products you acknowledge that you are aware of, and agree to, these sales terms.
4.1 You must order the Products by completing a Sales Term form together with a signed copy of authority of your bank to accept Direct Debits. Your order is not accepted until we countersign the Sales Term form and provide you with a copy of the contract. We will not be liable to any person if we decline or are unable to fulfill an order due to unforeseen circumstances. In this case all the money already paid by you to us will be refunded to your bank account.
4.2 We may revise and/or discontinue Products at any time without notice. By placing an order with us, you should be aware that certain Products may not be available from time to time or may have limited availability; we will do our best to supply a similar product with equal or better specifications and you can choose whether or not to accept the similar product. Alternatively, we will refund you the money already paid by you if we are not able to provide an alternate product to your satisfaction.
4.3 We will make best efforts to source products ordered however we will not be held liable for any Products that are not available for reasons beyond our control.
4.4 The purchase price for the Products will be the price quoted in our catalogue, website or mobile app and confirmed by us at the time we accept your order.
5.1 We arrange the delivery of your goods to your residential address within 10 working days of the required number of payments being paid. If you are late in making any payment to us (whether a required payment for delivery or subsequent payment) we reserve the right to withhold delivery until all overdue payments are made. Any time frame for delivery is an estimate only and we will not be liable for any delay in delivery beyond our control and time shall not be of the essence
5.2 Postage and handling charges vary between $3 – $300 depending upon the size and weight of the product. The postage and handling fee will be specified on the sales terms form. The postage charges charged to you will be equal or less than actual paid to the third party by us.
5.3 If a delivery is returned to us and we are unable to contact you because the information we hold about you in our database is out of date, or you are not available, we will hold the Products you have purchased until we can make contact with you to confirm your current delivery address. If this is for a long period, we may at our discretion charge a storage fee.
5.4 You must ensure someone is present to accept delivery of the Products during the delivery period day.
5.5 We will not be liable for any products missing or damaged after they have been delivered to the address recorded on the sales terms form.
6. Payment terms in general
6.1 Direct Debit is our primary method of payment, unless you are making a purchase for the full amount of the purchase price as below. You can also pay by recurring debit setup on your credit or debit card.
6.2 All payments in relation to products are payable in New Zealand dollars. Payments must be made without any deduction, set-off or counter-claim of any kind.
7. DISCLOSURE OF FEES
7.1 It is is your responsibility to ensure you have sufficient funds in your bank account for bank payments. We will not be liable for any bank fees including dishonour fees you have been charged by your bank.
7.2 We reserve the right to charge you:
- a cancellation fee;
- charges for an optional service;
- government charges, duties, taxes or levies ;
- fee or charge payable by you for an amount payable by us to an unrelated third party. For example delivery fees or storage fees or direct debit fees of $1.38 per transaction.
8.1 We are entitled to cancel this agreement if:
- You have breached a material term of this agreement (including without limitation an unsatisfactory credit check as referred to in clause 2.6); or
- Owing to circumstances beyond our control, the goods to which the agreement relates are no longer available and no satisfactory substitutes can be reasonably obtained; or
- We have ceased trading (other than by way of receivership, liquidation or voluntary administration).
9. Breach of Contract
9.1 All costs incurred by us and payable to third parties (including legal fees and debt collection fees) in relation to the recovery of the amounts outstanding and the enforcement of our rights under any agreement or these terms and conditions will be charged to you and form part of the balance owing on your Premium Deals account.
10.1 We will honour all of our responsibilities under the Consumer Guarantees Act, the Fair Trading Act and all other relevant legislation that protects you as our customer.
10.2 All other warranties and representations whether express or implied, in relation to the product/s are excluded to the maximum extent of the law.
12.1 We shall only be liable for any loss or damage which is a reasonably foreseeable consequence of a breach of this Agreement. If you use the Products for commercial purposes then no liability for loss of profits or other economic loss from a breach of this agreement can be accepted.
12.2 You acknowledge that you are 18 years or over and have the full legal capacity to agree to enter these Sales Terms as a binding contract.
13. Complaints Process
If you want to make a complaint or have a problem understanding something we’ve done, please let us know, so we can address the problem. We will endeavour to resolve your issue within 5 working days. We undertake to investigate and solve customer concerns fairly. Call us at 0800 46 7736 to log a complaint or email us at email@example.com.
If you are still not satisfied by the resolution provided to you, appointed FSCL ltd as our dispute resolution professional. You can call FSCL on 0800 347 257. Our Membership number is 6778
Premium Deals is a registered Financial Services Provider (FSP545586) and a member of FSCL (Financial Services Complaints Limited) dispute resolution scheme (membership number 6778)