Layby Terms and Conditions
LAYBY TERMS & CONDITIONS - 2019
Item 1 - Parties to the LayBy Agreement
This agreement is between Hide & Seek Kids as agent for Enterprise Brands Pty Ltd and the person who has initiated this Layby Agreement (“you”, “Layby Contact”). The Layby Contact is at all times, the only party to the Layby Agreement, responsible for Layby payments, compliance with the Layby Agreement, and liable for any breach of the Layby Agreement. Any requests to change the order or cancel the Layby can only be made by the Layby Contact.
Item 2 - How and when your product is purchased
Once your LayBy has been initialised by a Hide & Seek Kids team member and a deposit has been received by Hide & Seek Kids, this LayBy Agreement covers you with respect to your order.
Notwithstanding anything contained in these terms and conditions or elsewhere on the Hide & Seek Kids website, Hide & Seek Kids makes no representation or commitment to supply with respect to any chosen order until such time as the application has been correctly submitted to Hide & Seek Kids, payment finalised, and the order approved by a team member.
Item 3 - Commencement and completion dates
The commencement date of this LayBy Agreement is the date a deposit is received by Hide & Seek Kids. A deposit must be received within seven (7) days of the LayBy being initialised or the LayBy application will be cancelled.
The finalisation date for completing the LayBy is specified in the LayBy approval email. Orders finalised after the completion date may delay the shipping time and as a result may not arrive by the required time.
IMPORTANT: Once we have received your final payment and your order has been confirmed, your order will be delivered within two (2) weeks. We will not store your order for anytime thereafter, unless prior arrangements have been made. Delivery and storage fees will apply if your delivery is not accepted.
Item 4 - Methods of payment
Option 1: Visa and MasterCard cards can be used via “My Account” through the Hide & Seek Kids website, by calling a Hide & Seek Kids team member on 0450 569 603 or visiting Hide & Seek Kids during business hours.
Item 5 - Timing and amount of payments
A deposit of $150 is required to initiate a Layby. Thereafter, a minimum payment must be made every 28 days from the commencement date detailed in Item 3. You may decide to pay more frequently if you wish.
Item 6 – Termination charge
If you decide you do not wish to proceed with your purchase and cancel the LayBy at any time before the order is dispatched or if the LayBy Agreement is terminated by Hide & Seek Kids, a termination charge of $150 will be deducted from monies paid towards the LayBy. This termination charge of $150 is a genuine pre-estimate of the costs to process a terminated Lay-By Agreement and incorporates system transaction costs, business administration costs, merchant charges and cancellation processing costs. The balance of monies received will be refunded to your nominated bank account.
Item 7 – Cancellation
In the event you wish to cancel the Layby, a cancellation is only accepted by Hide & Seek by e-mail to: email@example.com. Please include your Invoice Number and a nominated bank account for any monies owing.
Item 8 - Failure to complete
In the event you fail to complete all payments by the period detailed in Item 3, the LayBy Agreement may be terminated at the discretion of Hide & Seek Kids. If this should occur and the LayBy Agreement is terminated, the conditions outlined in Item 6 will apply.
Item 9 - General conditions
Hide & Seek Kids reserves the right to terminate this Agreement in the event of any breach of this Agreement or illegal conduct by you, or otherwise as permitted under the Australian Consumer Law. The Australian Consumer Law (ACL) provides consumers with guarantees that cannot be excluded, restricted or modified. The LayBy Agreement does not affect any rights you have under the ACL or any other legal rights which cannot be excluded or modified. However, to the extent permitted by the ACL and subject to any other legal restriction, Hide & Seek Kids excludes any terms, conditions, warranties, guarantees or other liability that may apply to Hide & Seek Kids in respect of the LayBy Agreement or anything done under it. For services other than services of a kind ordinarily acquired for personal, domestic or household use or consumption, Hide & Seek Kids limits its liability, as permitted by the ACL, at its option, to the re-supply of the services or the payment of the cost of having the services supplied again. Unless you acquire anything under the Layby Agreement as an individual and wholly or predominantly for personal, domestic or household use or consumption and Hide & Seek Kids cannot exclude liability, then Hide & Seek Kids is not liable for any loss or damage, including any indirect, special, consequential or economic loss or damage, whether or not arising from default or negligence by Hide & Seek Kids or its employees, agents or contractors.