LAY-BY TERMS AND CONDITIONS

  1. Cosling Solutions (“the Seller”) and the Purchaser, whose full name and address appear in the Schedule on
    the reverse hereof (hereinafter referred to as “You”), hereby agree to the following terms and
    conditions with regard to the sale of the goods described in the Schedule (“the Goods”);
  2. You agree (i) to buy the Goods set out in the Schedule on lay-by; (ii) to pay for the Goods by
    making regular deposits until payment of the full purchase price, as set out in the Schedule; and (iii)
    that this agreement represents the entire agreement between You and the Seller;
  3. You understand and agree that you will not become the owner of the Goods until you have paid
    the full purchase price for the Goods;
  4. No interest or initiation fees will be charged on the lay-by;
  5. You understand and agree that (i) the purchase price of the Goods includes tax at the current rate
    of tax; and (ii) if, at any time before you pay the full purchase price of the Goods, the tax rate is
    changed in relation to the supply of the Goods, we will be entitled to recover the tax increase from
    you prior to release of the Goods;
  6. You must deposit the monthly instalments on or before the due dates indicated on the Schedule
    until the final payment date. All amounts must be deposited at the address of the store, as detailed
    in the Schedule, or via a direct payment into the bank account set out in the schedule;
  7. This agreement is available to you online;
  8. The Seller shall not increase the purchase price payable by you; or recover from you any amount
    in addition to the purchase price of the Goods;
  9. You must collect (if not on delivery method) the Goods within fourteen (14) days of payment of the full purchase price, failing
    which a reasonable storage fee may be levied and or the Seller terminates this agreed as stipulated
    hereunder;
  10. Goods may only be collected from the Cosling Solutions bringing along a valid identity document of the Purchaser;
  11. At the Seller’s discretion, certain merchandise may not qualify for purchase as Lay-by Goods;
  12. If you terminate the agreement prior to its expiry date you will be liable to a termination/cancellation penalty (25% of total) unless you have provided proof of job loss, death or ill health. The Seller shall within 5-15 business days
    refund you;
  13. If You fail to fulfil your obligation to pay the balance of the purchase price in full after
    the expiry date, the Seller shall be entitled, 60 business
    days after the Expiry Date, to terminate this agreement and, in that event, the Seller shall refund
    payments made by you within 5-15 business days of termination of the agreement and you will be liable of a cancellation fee (25% of total);
  14. A certificate signed by any of our managers (whose appointment and authority need not be
    proved) in which the amount of your indebtedness to us is stated, shall be accepted as sufficient
    proof of your indebtedness in any legal proceedings and shall be regarded as correct unless you
    prove that the amount is incorrect;
  15. If your contact details or address change, You must notify the Seller within seven (7) days of such
    change;
  16. Should the Seller be prevented from fulfilling any of its obligations to you as a result of any event
    of force majeure, then those obligations shall be deemed to have been suspended to the extent that
    and for as long as the Seller is so prevented from fulfilling them and your corresponding obligations
    shall be suspended to the corresponding event. In the event that such event continues for more
    than 14 days after it has first occurred then the Seller shall be entitled (but not obliged) to terminate
    all of its rights and obligations in terms of or arising out of these terms by giving notice to you. An
    event outside the control of the seller shall mean any event or circumstance whatsoever which is not
    within the reasonable control of the Seller including, but not limited to, vis major, any act of God,
    strike, theft, riots, explosion, insurrection or other similar disorder, war (whether declared or not) or
    military operations, the downtime of any external telecommunications line, power failure,
    international restrictions, any requirement or any international authority, any requirement of any
    government or other competent local authority, any court order, export control or shortage or
    transport facilities;
  17. In this agreement, personal information means any and all information that you give to us which
    is personal to you (for example: your name, identity number, phone number, etc.), which we may
    store and process;
  18. We will keep your personal information only for as long as we need to or have to by law;
  19. We may from time to time contact you by post, by phone or in any other way about other
    products and services which we consider may interest you unless you tell us that you would prefer
    not to receive such offers;
  20. You agree and consent that we may disclose your personal information to:
    23.1 any person working for us;
    23.2 any organisation which underwrites or supports any of our products which you hold;
    23.3 any person to whom we transfer any of our rights or obligations under this agreement;
    23.4 anyone you authorise us to give personal information to;
    23.5 we may process your information to the extent permitted by law;
  21. These terms and conditions may be amended from time to time, and in such a case the amended
    terms and conditions shall apply to you with immediate effect;
  22. You must have the legally required capacity to enter into and be bound by these terms and
    conditions;
  23. We will require proof of the Purchaser’s identity and invoice when the Goods are collected;
  24. The Layby Agreement is regulated in South Africa by the applicable provisions of the Consumer
    Protection Act (68 of 2008).
  25. You confirm that the terms and conditions, the meaning and consequences of this agreement
    have been presented and explained to you in a language that you understand. You also confirm that
    the risks relating to the agreement, as well as your rights and obligations, have also been explained
    to you;
  26. We may at any time amend or replace these terms and conditions and if we do so it does not
    mean a novation of the agreement or any transaction or indebtedness (meaning that a new
    agreement does not automatically come into place);
  27. Laybys may be excluded from certain promotions, such as one-day deals, Black Friday and new
    store opening deals as well as specific offers where limited quantities apply.
    These will be noted in the promotion advertising communications. Please note, the item bought on
    layby is bought at the agreed price, and no correspondence will be entered into should that price
    change during the course of the layby agreement.
  28. By purchasing any product on our store using the layby method means you have read and agreed to all layby terms and conditions.