Garden Mecca

 
  • Wholesale to the Public - Garden Mecca Nursery

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  • Wholesale to the Public - Garden Mecca Nursery

Lay Buy

What is a lay-buy agreement?

If you cannot afford to buy goods for cash, you may be able to buy them on ‘lay-by’. If you buy goods  ‘on lay-by’, the seller will keep those goods for you for up to twelve months while you pay off the price in instalments. Once you have paid the price in full, the seller will give you the goods.

At Garden Mecca Nursery and Garden Decor Centre we realised the need to offer clients this buying option.

It’s affordable, it’s easy and interest free!

Regrettably we can’t sell any plants on lay-buy.

How do I buy on lay-buy from Garden Mecca Nursery and Garden Decor Centre?

Come visit us in store. Select the goods you want, decide on the term you want to lay-by the goods, fill in the lay-buy agreement.  Your instalments will then be deducted by debit order from your bank account.  Once you paid the full price, you can collect your goods or it can be delivered to you at a delivery fee (Delivery in Gauteng only).

FREQUENTLY ASKED QUESTIONS:

What is a lay-buy agreement?

If you cannot afford to buy goods for cash, you may be able to buy them on ‘lay-by’. If you buy goods  ‘on lay-by’, the seller will keep those goods for you for up to twelve months while you pay off the price in instalments. Once you have paid the price in full, the seller will give you the goods.

How old must I be before entering into a lay-buy agreement?

You must be 18 years old to enter into and sign a lay-by agreement. If you are under 18 years old, a parent or legal guardian can help you by signing the agreement on your behalf or by being present when you sign the

agreement but you will still be responsible for making payments under the agreement.

What are the advantages of entering into a lay-buy agreement?

The advantage of buying goods on lay-by is that the seller may not charge interest on the price of the goods. The seller also cannot charge you for storing the goods while you pay off the price and it cannot increase the price of the goods. The price at which you buy the goods is the price you pay and no more.

Will I have to pay a deposit?

You do not by law have to pay a deposit but if you agree with the seller that you will pay a deposit then you will have to do so. The seller may not be prepared to sell you the goods on lay-by unless you agree to pay a deposit and your choice will then be to pay the deposit or not buy the goods.

Must the lay-buy agreement be in writing?

A lay-by agreement must be in writing and it must be signed by you as buyer and by the seller.

What details must be in the agreement?

The details in the agreement should tell you about two things:  the goods and the price. The agreement must also draw your attention to the fact that you have rights as a consumer.

What must the agreement say about the price?

The agreement must say what the price of the goods is and if you and the seller have agreed that you will pay a deposit, then the deposit amount must be included.

Must the agreement say how much I will have to pay for each instalment?

The agreement does not have to say how much you have to pay for each instalment or how often you have to pay the instalments or the dates when the instalments must be paid.

However, it is to your benefit if the agreement does say these things. Ask that the agreements show for example that you will pay the price of R600 in 3 instalments of R200 each.

The first instalment is to be paid on or before [date], the second to be paid on or before [date], and the third and last instalment to be paid monthly on or before [date].

The benefit of this is that that there will be less chance of a disagreement between you and the seller after the agreement has been signed about any of these things. You will know exactly when payments are due and therefore be less likely to pay late. You will be able to budget your expenses to make sure that you have the money to pay each instalment when it must be paid.

What must the agreement say about the goods?

The agreement must describe the goods fully.  This is so that you can identify the goods once you have finished paying off the goods. It is also in case there is any dispute over the goods that you bought.

Will I receive a copy of the agreement?

The seller must give you a copy of the agreement and must give you receipts after each instalment that you pay or else at your request.  If you make a payment late, the seller may try to cancel the agreement. However, the seller must give you 30 days notice that they want to cancel the agreement. If you make your payment within this 30-day period, it will prevent the seller form cancelling the agreement.

Remember to keep copies of all documents and receipts. If there is any disagreement about the price or the goods or whether or not you have made a payment, you can show your copy of the agreement and your receipts to the seller to prove that you have made a payment.

What can the seller do with the money that I pay before the last payment?

Any money that you give over to the seller is still yours until you have paid all the money and the seller hands over the goods. Think of it as though the seller is holding your money for you until they have the full amount. When you have paid all your instalments and the seller has the full amount, they will give you the goods and they will keep the money as their own.

Because it is your money, the seller cannot spend the money as if it belongs to it.  They must keep your money safe as they are responsible if it gets lost or stolen.

What happens if I make a late payment?

If you make a payment late, the seller may try to cancel the agreement. However, the seller must give you 30 days notice that they want to cancel the agreement. If you make your payment within this 30-day period, it will prevent the seller form cancelling the agreement.

What happens if I lose my job and are unable to keep up with my instalment payments?

If for any reason you no longer wish to continue with the agreement, you have the right to cancel it. If you decide to cancel the agreement, the seller must give back all the money that paid to them however the seller may charge you a cancellation penalty. Before paying a cancellation penalty, check the agreement, the seller can only charge you a cancellation fee if they told you that they would charge a cancellation fee and said how much it would be.  The seller cannot charge a cancellation fee if you are unable to keep up with payments because of ill health or death.

What if the seller increase the price of the goods during the agreement?

The seller is not allowed to increase the price of the goods during the agreement. The only amount you must pay is the price quoted in the agreement and no more.

What happens if the goods have been lost or damaged and the seller is unable to give them to me after I have paid all my instalments?

If the seller, for reasons beyond their control they are unable to give you the goods you bought, (for example if the goods were damaged in a fire) you will have an option. Either you can ask for a refund of all the money you have paid to the seller or you can ask the seller gives you goods similar to the ones you bought.