Absolutely love our new glamour dress, but do not have the cash right now to purchase it? Do not despair, Queenspark now offers lay-by options to all our customers. Simply request an item on lay-by from our fashion assistants and pay it off over three months.
STANDARD LAY-BY AGREEMENT
This agreement governs your purchase of goods from us on lay-by. Please read it carefully and ensure that you understand it before signing below. If you have any queries please do not hesitate to ask the salesperson assisting you.
1. Purchase of goods on lay-by
1.1 Please note that the minimum total purchase price of the goods that you buy from us on lay-by each time must be R300.00 and that no goods that are marked-down or on sale may be bought on lay-by.
1.2 In order to purchase goods from us on lay-by you will need to:
1.2.1 be aged 18 years or older; and
1.2.2 pay us a deposit of 25% of the total (VAT inclusive) value of the goods; and
1.2.3 enter your details into and sign the store’s lay-by control register; and
1.2.4 furnish us with any other information that we may require in order to process your lay-by transaction.
1.3 The total period for each lay-by is 3 (Three) months reckoned from the date on which you sign this agreement (“lay-by period”).
2. Payment of the purchase price
2.1 The balance remaining of the purchase price must be paid in installments at the store at which you purchased the goods on lay-by. You will need to provide us with proof of your identity in form of your ID or driver’s license when making each payment.
2.2 You can choose the amount of each installment you pay us; provided that you must pay a minimum of 1 installment to us every month. You may of course decide to pay us more frequently if you wish.
2.3 If you would like to know the balance owing on your lay-by, please visit the store and request this. You will need to provide us with proof of your identity in form of your ID or driver’s license before we can provide you with the balance.
2.4 You can pay the balance by way of any payment method accepted by the store. Any payment shall only be properly made when we receive and process it.
2.5 We will retain ownership of the goods, hold them at our risk and will only release them to you when the purchase price of the goods has been paid to us in full.
3.1 You may terminate the lay-by at any time. You will need to do this in person at the store and provide us with proof of your identity in form of your ID or driver’s
license. You may also need to complete certain standard-form documentation when terminating the lay-by.
3.2 If you terminate this agreement before you have paid for the goods in full or if you fail to complete the payment for the goods within 60 business days after the conclusion of the lay-by period, then:
3.2.1 we may charge you a termination penalty in terms of the Consumer Protection Act and the regulations thereto; and
3.2.2 after deducting the termination penalty from any amounts you have paid to us, we will refund the balance remaining (if any) to you. You will need to collect the balance from the store in person and provide us with proof of your identity in form of your ID or driver’s license.
3.3 We will not charge you the termination penalty if your failure to complete payment is due to your death or hospitalisation.
3.4 If you fail to comply with any of the conditions of this agreement (and fail to remedy this breach within a reasonable period of our notifying you of same) or if your estate is sequestrated or you die, then we shall be entitled to terminate this agreement.
3.5 If the agreement is terminated for any reason then the goods you selected will be offered for sale by the store.
4. Personal and confidential information
4.1 In this agreement, personal information means any and all information you give us or that we already hold about you, including your name, identity number, contact details and all information concerning the lay-by transaction.
4.2 We may disclose your personal information to our employees and contractors; to any organisation which underwrites or supports any of our goods; to any person to whom we transfer any of our rights or obligations under this agreement and we may furthermore disclose, transfer, license or otherwise authorise the use of any of your personal information to the extent lawful.
4.3 You hereby consent to receive approaches and/or communications from us and from our marketing service providers (whether via phone, SMS e-mail or otherwise) for the purposes of marketing (including direct marketing) and the conduct of market research. Should you not wish to receive any approaches and/or communications please address an e-mail to us at firstname.lastname@example.org or phone us on 021) 460 9400 and advise us of same.
5.1 In order to be valid and binding, any changes or amendments to this agreement must be made in writing and signed by both yourself and our duly authorised representative
5.2 If for any reason we do not immediately enforce or implement any of our rights in terms of this agreement, it does not mean that we have abandoned, given up or waived any of those rights.
5.3 We may monitor and record phone calls and other interactions with you.
5.4 We may cede, assign or transfer any of our rights or obligations under this agreement without your
consent. You may not cede, assign or transfer any of your rights or obligations under this agreement without our written consent, which will not be unreasonably withheld.
5.5 Each paragraph, clause, term, and provision of this agreement is severable and if for any reason any part of this agreement is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation (including the Consumer Protection Act and the regulations thereto) or in terms of a final, binding judgment issued by any Court or arbitrator such paragraph, clause, term and/or provision shall, to that extent, be deemed not to form part of this agreement and the severing of such paragraph, clause, term and/or provision shall not impair the operation of, or have any other effect upon, such other portions of this agreement as may remain otherwise intelligible, which shall continue to be given full force and effect and bind us both.