Layby Terms, agreements and contract
These Terms & Conditions govern all purchases made at www.wildfirebikes.com.au. These terms become a binding contract between You the buyer and Us, bloom360 Pty Ltd trading as Wildfire Bikes once a deposit is paid to put an item on lay-by.
- Record of Payment
A record of payments transaction history will always be available for both the Us and You, recording all amounts paid to-date and the date and value of all future pending payments as per your agreed lay-by policy.
- Storage and Identification of Lay-By Products
Product’s on Lay-By will be set aside to other products. Products will be clearly identified as ‘Lay-By contract’ products by a number or some other identification.
- Cancellation of Lay-By by Buyer
You may cancel your Lay-By agreement form at any time prior to delivery of products and on delivery of products if the products are damaged by so advising Us in writing or if we agree, orally. If a you cancel a Lay-By, we will give You a “cancellation statement” which sets out-
- The purchase price of the products; and
- Advise You of the cancellation fee payable to seller under all Lay-By terms and conditions; and
- The total amount paid under the Lay-By; and
- Any amount owing to either Us or You under the layby terms on the cancellation of the Lay-By.
- Cancellation of Lay-Buy by Seller
The seller under a Lay-Buy must not cancel it unless –
- The buyer breaches a term of the Lay-By; or
- We stop trading; or
- The products are no longer available
- Cancellation on breach by Buyer
If You have breached a term of a Lay-By and We intend to cancel the Lay-By, before doing so We must –
- Give You notice of our intention to cancel the Lay-By; and
- Allow You at least 14 days within which to rectify the breach; and
- The notice to be given has to be:
- in writing, sent to You to the last known email we have of You;
- must specify the breach of the Lay-By for which the Lay-By is being cancelled; and
- must state the time within which You must rectify the breach;
- must state the matters listed per below:
- the purchase price of the products;
- all cancellation charges payable under the agreement; and
- the total amount paid under the Lay-By;
- any amount owing to either You or Us under the terms of the Lay-By on the cancellation of the Lay-By.
- The Lay-Buy is cancelled at the end of the period specified in the notice unless You rectify the breach before then or We agree not to cancel it.
- Cancellation where business closes
If We under a Lay-By agreement propose to stop trading before the agreement is completed, We must give notice of the proposal to You and must either –
- allow You 7 days within which to complete the agreement; and
- cancel the Lay-By
- Cancellation where products not available
If the products are no longer available, We must cancel the Lay-By and refund all monies to You.
- Effect of Cancellation
Subject to the above, when a Lay-By is cancelled by either party, We must refund all money paid within 14 days less a cancellation fee equal to 10% of the product total value – to cover for product depreciation, warranty depletion and extended storage costs. There are circumstances which prohibit Us from keeping the cancellation charge. These include, situations where the products are damaged or not delivered or where We have breached a term of the Lay-By statement.
- Cancellation Charge
We shall charge You a cancellation fee equal to 10% of the product total value under the terms of all Lay-By deal.
- Banking Charges back Fees
We shall be entitled to pass-on to You all charge back fees received by any given bank for any given customer charge back from any given Lay-By deal.
- Service Fee
We shall not charge You any interest charges, membership fee or service fee on any Lay-By sales transaction. We charge an admin fee, which is a once-off 2% of the total order value at checkout. You will pay this amount to Us at checkout at time of paying the down payment. This fee is an admin fee and is therefore not refundable.
- Lay-By Reporting
We shall have reporting in place for all Lay-By deals covering Down Payment made, Lay-By period, Frequency of payments required, Payment amount required per installment; and a full record of all payments made to-date (amount and date on which made).
We will only dispatch your product/s after receiving the final installment payment for all Lay-By deals.
- 14.1 This Agreement shall be binding upon, inure to the benefit of, and be enforceable by the representatives, successors and assigns of the parties hereto.
- 14.2 This Agreement may be amended only by a written instrument duly executed by all parties hereto.
- 14.3 The parties hereby represent and warrant that each of them has full legal right, power and authority to enter into this Agreement and to carry out its obligations hereunder.
- 14.4 This Agreement may be executed simultaneously in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument.
- 14.5 Article headings contained herein are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.