1. Lay-by & Deposits Terms
- The minimum deposit required to start a lay-by is 40% of the total purchase price.
- Payments may be made in instalments over a period of up to 3 months, unless otherwise agreed in writing by E-Move Bikes.
- The full purchase price must be paid before the goods can be collected.
- Goods placed on lay-by will remain the property of E-Move Bikes until the lay-by is paid in full.
- No interest is charged on lay-by payments.
- A written copy of the lay-by agreement, including the product details, purchase price, deposit paid, payment terms, cancellation terms and any applicable termination fee, will be provided to the customer.
2. Customer Cancellation / Change of Mind
- You may cancel your lay-by at any time before you receive the goods.
- Cancellation must be made in writing, by email, or in person at one of our stores.
- If you cancel your lay-by due to change of mind, E-Move Bikes may charge a termination fee of up to 20% of the total purchase price to cover reasonable costs associated with the lay-by. These costs may include administration, payment processing, storage, handling, stock allocation, loss of selling opportunity, and other costs reasonably incurred in relation to the lay-by.
- The termination fee will not exceed the amount permitted under the Australian Consumer Law and will not be more than E-Move Bikes’ reasonable costs in relation to the lay-by.
- If you cancel your lay-by, we will refund all amounts paid by you, less the lawful termination fee.
- If the amount you have paid is less than the lawful termination fee, you may be required to pay the difference, where permitted by law.
3. Special Orders & Customised Products
- Some products may be special-order, customised, modified, or ordered specifically for you.
- If a special-order or customised product is placed on lay-by, any cancellation fee may include reasonable costs E-Move Bikes has incurred in ordering, preparing, modifying, storing, or allocating that product.
- Any such fee will be limited to what is permitted under the Australian Consumer Law and must be disclosed in the lay-by agreement.
- This clause does not limit your rights under the Australian Consumer Law, including your rights in relation to faulty, unsafe, misrepresented, or incorrectly supplied goods.
4. Cancellation by E-Move Bikes
E-Move Bikes may cancel a lay-by agreement only where permitted by law, including where:
- You fail to make a scheduled payment for more than 30 days without prior arrangement;
- You otherwise breach the lay-by agreement;
- E-Move Bikes is no longer able to supply the product because it is unavailable for reasons outside our control; or
- E-Move Bikes is no longer trading.
- If E-Move Bikes cancels the lay-by because the product is no longer available for reasons outside our control, or because E-Move Bikes is no longer trading, we will provide a full refund of all amounts paid.
- If E-Move Bikes cancels the lay-by because you have breached the agreement, including failing to make payments, we may deduct a lawful termination fee where permitted under the Australian Consumer Law.
- A business can only cancel a lay-by agreement in limited circumstances, including customer breach, the business no longer trading, or the product becoming unavailable outside the business’s control.
5. No Full Refunds for Change-of-Mind Lay-by Cancellations
- Lay-by cancellations due to change of mind are not entitled to a full refund.
- Where a customer cancels due to change of mind, any refund will be processed as set out in this policy, less any lawful termination fee.
- This does not affect your rights under the Australian Consumer Law.
6. Collection of Goods
- You must collect the goods within 7 days of completing the lay-by, unless otherwise agreed with E-Move Bikes.
- We will notify you when your final payment has been received and the goods are ready for collection.
- Goods cannot be collected until the full purchase price has been paid.
- If goods are not collected within the required period, E-Move Bikes may contact you to arrange collection and may take further steps in accordance with applicable laws.
7. Your Australian Consumer Law Rights
- This policy is intended to comply with the Australian Consumer Law.
- Nothing in this policy limits, excludes, or restricts your rights under the Australian Consumer Law.
- You may have rights if goods are faulty, unsafe, not of acceptable quality, not fit for purpose, incorrectly described, or if E-Move Bikes has made a false or misleading representation.
- Our change-of-mind lay-by cancellation policy does not apply where the Australian Consumer Law gives you a right to a refund or other remedy.
- Standard-form consumer contract terms also need to be transparent and should not operate as unfair penalties; the ACCC notes that terms penalising one party for ending a contract may be unfair depending on the circumstances.
Contact Us
If you have any questions about our lay-by policy, please
contact us at:
E-Move Bikes (Alexandra Headland)
[1/156 Alexandra Parade, Alexandra Headland QLD
07 5326 3154
alexandraheadland@emovebikes.com.au
E-Move Bikes (Noosaville)
Shop 3 & 4/5 Tay Avenue, Caloundra QLD 4551
07 5379 6411
+61 466 254 061
caloundra@emovebikes.com.au
E-Move Bikes (Caloundra)
1/3 Gibson Road, Noosaville, QLD
07 5412 2888
noosa@emovebikes.com.au