Lay-by Terms & Conditions

Lay-by is available on selected products valued at $100 or more, at the discretion of Living Quarters. We reserve the right to refuse any lay-by request. Lay-by is not available on products marked as excluded in our promotional materials.

A minimum deposit of 10% of the total purchase price is required at commencement. Standard lay-bys must be paid in full within six (6) weeks from the commencement date unless otherwise agreed in writing by Living Quarters.

Christmas Lay-by is available from 1 July each year. A minimum deposit of 20% of the total purchase price is required. Payments may be made at any time. The balance must be paid in full by 30 November. Christmas Lay-by goods will be available for collection from 1 December only. Goods must be collected by 24 December. Any goods not collected by 24 December will incur a storage fee of 1.5% of the total invoice value per week (or part thereof) until collected, as detailed in Clause 11.

During the lay-by term, a minimum fortnightly payment of 5% of the total invoice price is required to keep your lay-by active. You are free to pay more than the 5% minimum at any point during your lay-by term. Failure to maintain minimum fortnightly payments may result in Living Quarters issuing a notice under Clause 10, and the lay-by being cancelled if the arrears are not remedied within the notice period.

At commencement of each lay-by, Living Quarters will provide you with a Lay-by Tax Invoice issued through our point-of-sale system. This invoice constitutes the written lay-by agreement required under the Australian Consumer Law and sets out: the description of the goods; the total price (locked in at commencement); the deposit amount paid and date; the lay-by period; and the applicable termination charge. A summary of these Terms & Conditions is printed below the invoice for your reference. Please retain your invoice as proof of your lay-by. Photo identification may be required when collecting goods, making changes, or requesting cancellation.

Once your lay-by is accepted, your price is locked in. Future price increases will not apply. Promotional prices introduced after commencement do not apply unless Living Quarters chooses to honour them at its discretion.

All goods remain the property of TradeSmart Supplies Pty Ltd t/a Living Quarters until payment is received in full and cleared. Goods cannot be collected or delivered until full, cleared payment has been received.

Some products are ordered specifically for you and may require us to incur supplier ordering, freight, handling, administration, and restocking costs. Where your lay-by includes a Special Order product, any such costs we reasonably incur will be factored into and form part of the termination charge under Clause 9. The combined termination charge will not exceed the total amounts you have paid or our actual, reasonable costs, whichever is lower. No charges will be made in addition to the termination charge.

You may cancel your lay-by at any time before collecting your goods by contacting us at sales@livingquarters.com.au or (03) 5443 0022 during business hours.

9.1 Termination Fee - Standard Lay-by

If you cancel a Standard Lay-by, Living Quarters may deduct a termination fee of up to 10% of the total lay-by value from any refund due to you.

9.2 Termination Fee - Christmas Lay-by

If you cancel a Christmas Lay-by, Living Quarters may deduct a termination fee of up to 20% of the total lay-by value from any refund due to you.

9.3 Calculation of Termination Fee

The termination fee is a reasonable pre-estimate of the direct costs incurred by Living Quarters in entering into and terminating the lay-by, including administration, supplier charges, freight, handling, and restocking costs. The fee will be assessed at the time of cancellation. If our actual, reasonable costs are lower than the applicable percentage, we will charge only our actual costs. The termination fee will not in any event exceed the amounts you have paid or our actual, reasonable costs, in accordance with the Australian Consumer Law.

9.4 Refund Processing

Your refund, after deduction of any applicable termination fee, will be processed within 5 business days of cancellation via the original payment method where possible. Bank transfer refunds may take an additional 2-3 business days to clear.

9.5 Store Credit Option

As an alternative to a cash refund, customers who cancel a lay-by may elect to receive a Living Quarters store credit for the refund amount. As a thank-you for choosing to shop with us again, where a customer elects store credit in place of a refund, Living Quarters will apply a 5% discount on the applicable termination fee. For example, if the termination fee would otherwise be $50, the fee applied when taking store credit would be $47.50. The store credit will be issued within 5 business days of cancellation and has no expiry date. This option is offered at the time of cancellation and is entirely at the customer’s election — customers retain their right to a cash refund under the Australian Consumer Law.

If your lay-by is not completed by the due date, Living Quarters will contact you in writing (email or post) at the details provided in your Lay-by Agreement Form. If the lay-by remains unpaid for 14 days after that written notice, Living Quarters may cancel the lay-by. Any amount owing to the customer will be issued as store credit within 5 business days of cancellation, after deduction of any lawful termination fee in accordance with Clause 9.

Goods must be collected, or delivery arranged, by the agreed collection date in your Lay-by Agreement Form. For Standard Lay-bys, if goods are not collected or delivery has not been arranged by the agreed date, Living Quarters will contact you in writing. If goods remain uncollected for more than 14 days after that written notice, Living Quarters may cancel the lay-by and process a refund in accordance with Clause 9.

For Christmas Lay-bys, goods must be collected by 24 December. Any goods not collected by that date will incur a storage fee of 1.5% of the total invoice value per week (or part thereof), accruing from 25 December until the date of collection or cancellation. This fee is disclosed at commencement and constitutes a reasonable cost of storage and holding. If goods remain uncollected and no contact is made by 15 January, Living Quarters may cancel the lay-by. Any amount owing to the customer will be issued as store credit within 5 business days after deduction of any applicable termination charge and accrued storage fee.

Living Quarters may only cancel a lay-by where permitted by the Australian Consumer Law, including where:

(a) the goods become permanently unavailable due to circumstances beyond our reasonable control, including supplier discontinuation, stock damage, or regulatory recall; or

(b) you breach these Terms and have not remedied the breach within the notice period under Clause 10.

Where Living Quarters cancels under (a), we will provide a full refund of all amounts paid within 5 business days with no termination charge. Living Quarters will not cancel a lay-by solely due to a pricing error made by us at or before the time the lay-by was accepted.

If any product in your lay-by is subject to a mandatory recall, supplier withdrawal, or permanent discontinuation, Living Quarters will remove the affected item and provide a full refund of all amounts paid for that item within 5 business days with no termination charge. If the affected item is the only product in your lay-by, the entire lay-by will be cancelled and a full refund processed within 5 business days. Remaining unaffected items will remain active.

Estimated delivery dates are provided in good faith only. Living Quarters is not responsible for delays caused by manufacturers, suppliers, freight companies, or circumstances beyond our reasonable control. We will keep you informed of any significant delays affecting your lay-by.

Living Quarters accepts the following payment methods for lay-by instalments and final payment:

–    In-store EFTPOS — pay at the counter using your debit or credit card. We accept all major credit cards including Visa, Mastercard, and American Express.

–    Over the phone — call us on (03) 5443 0022 during business hours to make a payment by credit or debit card.

–    Bank transfer — transfer directly to our account using the details below. Please use your invoice number as the payment reference and email remittance to sales@livingquarters.com.au so we can update your lay-by record promptly.

 

Account Name:	TradeSmart Supplies Pty Ltd
BSB:	084-004
Account Number:	239 636 131
PayID:	94 648 611 376  (ABN)
Reference:	Your invoice number (e.g. BGO-R1-1234)

 

Bank transfers must be initiated at least 2-3 business days before your due date to allow for clearing. A lay-by instalment or final payment is not considered received until cleared funds appear in our account.

In connection with your lay-by, Living Quarters will collect your name, contact details, and payment information to establish, manage, and administer your lay-by agreement, in accordance with our Privacy Policy at livingquarters.com.au/pages/privacy-policy. Photo identification may be required when collecting goods, making changes, or requesting cancellation.

Once your lay-by is completed and goods collected, our standard Warranties & Returns Policy applies. See livingquarters.com.au/pages/warranties-returns for full details, including change of mind return terms and consumer guarantee rights.

Nothing in these Terms excludes, restricts, or modifies any rights or remedies you may have under the Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010 (Cth)) or the Fair Trading Act 1999 (Vic). Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.