Borrowed Earth Boutique Online Layby Agreement
If you place an order for Product(s) for purchase on lay-by, the terms and conditions set out in this Agreement will apply to that order.
Placing an order for Products on lay-by
You may purchase Product(s) through the Site on lay-by in accordance with these terms and conditions if:
The Product(s) is not a perishable item (e.g. items marked with a "use by/best before" date), a seasonal clearance item, a soiled and/or damaged item, a pre-paid voucher, or is specified as being unavailable for lay-by.
Any order placed through this Site to purchase a Product on lay-by is an offer by you to purchase the particular Product on lay-by for the price notified (including the delivery and other charges, fees and taxes) at the time you place the order.
Acceptance or rejection of an order
In certain circumstances, we may need to reject your order, including but not limited to where the requested Product is not available or if there is an error in the price or the product description posted on the Site. Or if an excluded product has been included.
Each order placed for Products through the Site that we accept results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will:
(a) supply the Products in that order to you in accordance with these terms and conditions; and
(b) send you an email confirmation of that order - though with the nature of the internet we cannot guarantee receipt. Please add our email address (email@example.com) to your contact address book to ensure emails are not sent to SPAM or blocked by your fire wall.
If we reject an order placed through the Site, we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
In the interests of all our customers, we may refuse to supply if multiple orders are placed for large quantities of the same product for the same billing or shipping address.
Fees and charges for lay-by orders
The purchase price of each Product is shown on the product list on the Site at the time you place your order.
Prices for Products change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions, once we have accepted your order, we will not change any prices that apply to the Products in that order.
The total charges payable by you during the lay-by period will include:
a the purchase price of the relevant Product;
b the relevant delivery fee notified to you when you place your order; and
c an administration fee (1.9% of the total order) for each lay-by order (“ Administration Fee”) where applicable
At the time of placing your order for Product(s) on lay-by, you may nominate a deposit amount (20-50%) and the number of payments (1 - 3Months). These will then be used to determine each instalment of the total charges payable by you during the lay-by period (“Payment Schedule”). The installments due on each of the payment dates specified in the Payment Schedule will be determined by dividing the total charges by the number of instalments you have nominated.
We will charge you, and you agree to pay each instalment amount on the payment date specified in the Payment Schedule.
All fees and charges identified in these terms and conditions and all prices for the Products include GST where applicable.
Payment methods for lay-by orders
Our lay-by program is processed by Paypal. Please ensure your Paypal account is set up to enable this.
You authorise Paypal to debit the amount that is payable from your nominated credit card or Bank account in accordance with the Payment Schedule on the specified payment dates.
If we are unable to successfully process any of your payments due to insufficient funds, card cancellation or card expiry, we will try to contact you by phone or so as to inform you of the overdue payment.
Paypal will auto attempt the missed payment in 5 days, two more times.
You must not pay, or attempt to pay, any instalment amounts through any fraudulent or unlawful means.
We will provide you with a receipt at time of delivery of your Product(s) specifying the total fees and charges for the Product(s) in the order.
Delivery of products
We only deliver to addresses in Australia.
You may obtain further information (see https://borrowedearthboutique.com.au/pages/shipping-returns) on the Site about our delivery timeframes and how we deliver certain Products. The Delivery Fee for your order depends on the type of Product you order (in particular, the size and weight of the Product).
The delivery timeframes set out on the Site will commence for your lay-by order only after all amounts specified in the Payment Schedule have been paid.
You agree to comply with certain delivery requirements specified below and such other requirements that we notify you when you place your order through the Site.
Risk and title to Product passes to you on the date and time of delivery to the delivery address.
You acknowledge and agree that any person at the Delivery Address who receives the Products is authorised by you to receive your order; and
You may make a full or partial cancellation of your order or changes to your Delivery Address at any time prior to the delivery of the Products.
Cancelling or varying a lay-by order
We may cancel any lay-by order, without any liability to you for that cancellation, at any time if:
you have breached a term of this Agreement (including any term of the Online Terms and Conditions not excluded by this Lay-by Agreement);
(b) We are no longer engaged in trade or commerce; or
(c) the Product(s) in your order are no longer available.
You have failed to pay an instalment amount by the payment date specified in the Payment Schedule. Paypal may cancel your order if they cannot recover this payment or there is a problem linking your payment method to your account.
If we cancel your order due to damaged or unavailable good(s), we will endeavour to provide you with reasonable notice of that cancellation and will refund to you all the amounts paid by you.
You may cancel a lay-by order by contacting us at firstname.lastname@example.org at any time prior to the delivery of that order.
If you cancel your lay-by order (prior to shipment), we will refund to you all the amounts paid by you less a termination charge equal to the lesser of 5% the total order or the total payments made by you.
If we are unable to stop the shipment of the order at the time of cancellation of a lay-by order (whether the order is cancelled by you or by us), then you will be required to return the Products in order to receive a refund in accordance with our Returns Policy.