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TERMS AND CONDITIONS FOR LAY-BY’S

 

Definitions

  • “Lay-by” means a facility where we agree to sell goods chosen by you by accepting payment for those goods in periodic instalments, and to hold those goods until you have paid the full price for the goods over a period of time.
  • “CPA” means Consumer Protection Act 68 (2008, RSA)
  • “Personal Information” means any and all information that identifies you given to us by you or that we already hold about you, which we may record or retain.
  • “Terms and Conditions” or “Agreement” means this Lay-by agreement and the terms and conditions specified within it.
  • “We, us, ours” means Power Fashion a division of Mr Price Group Limited with registration number 1933/004418/06 with its head office at Upper Level Northern Concourse,
    Durban Station,
    65 NMR Avenue.
    Durban,
    4001
  • “You” means the person entering into this Lay-by agreement with us.

 

Terms of use

When you choose to Lay-by goods, you will be required to pay 20 percent of the value of the goods as a deposit on opening the Lay-by facility. You will then be required to make a minimum of one payment every month for a period of four months until the goods are paid for in full. The total period of the Lay-by is four months and it cannot be extended. You may decide to pay more frequently if you wish and settle the Lay-by prior to the end of the four-month period.

If you cancel the Lay-by prior to the Completion Date and before the goods are paid for in full, you are entitled to a refund of the money you have paid up to the date of cancellation. We reserve the right to charge you a cancellation fee of 1 percent of the Lay-by value for any cancellation. That is, we will refund your money less 1 percent. You can only collect the goods when the Lay-by amount has been fully paid up. The Lay-by can only be collected from the store where the Lay-by facility was opened.

If you fail to make full payment for the goods by the Completion Date, we reserve the right to cancel the Lay-by after giving you an additional 14 days within which to settle your account. If you fail to make payment of the outstanding amount within the 14 days from the Completion Date, this Agreement will immediately terminate, and we will refund all monies you have paid up to the date of termination.

You will not be charged a cancellation fee if you fail to complete the Lay-by payment due to death or hospitalisation. We will require the relevant documentation in this regard e.g. a doctors certificate.

You also confirm that you have read these Terms and Conditions and you understand the risks relating to the Lay-by and your rights and obligations in terms of this Agreement and the CPA.

You agree to receive all notifications from us (e.g. notification relating to the Lay-by deposit paid, next instalment amount, due date, legal Notices etc.) by SMS or email on the email address or cellphone number that you provided to us.

 

Personal Information

Mr Price Group Limited, including our trading divisions and subsidiary companies, mrp, mprHome, mrpSport, Sheet Street, Miladys, mrpMoney and Power Fashion is committed to your privacy and requires your express consent in order to process your Personal Information. You acknowledge and agree that the Personal Information supplied by you in this Agreement will be processed in line with our Privacy Policy. You are required to read the Privacy Policy (available on request from the store manager or on our website: https://www.powerfashion.co.za) to understand, amongst other things, what Personal Information we collect, how we use and process your Personal Information and your rights in relation to the processing of your Personal Information. By supplying your information when completing this Agreement, you confirm that you have read and understood the Privacy Policy and you hereby expressly consent to us processing your Personal Information. You have the right to withdraw your consent to the processing of your Personal Information at any time, by notifying us.

The notification procedure is set out in the Privacy Policy.

We may from time to time contact you by email, 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.

 

General

We will not be liable to you for anything outside of our reasonable control, for example, acts of God. national disease outbreak, state of disaster or emergency, power failures or stoppages, any political unrest, industrial action, or war, if this prevents us from complying with the terms of this Agreement.

You must give us notice of a change to your email address or cellphone number. You can contact the store manager at the store at which you opened the lay-by facility to notify us.

We will require a few days to capture the change and for it to come into effect. All queries relating to this agreement may also be made at the store at which you opened the lay-by facility.

You agree that we may institute any legal proceedings relating to your Lay-by in any court that has jurisdiction over you. This Agreement is governed by the laws of South Africa.

If we do not immediately enforce any of our rights in terms of this Agreement, it does not mean that we have given up or waived any of those rights.

We may transfer any of our rights or obligations or arrange that any third party carries out any of our rights or obligations in terms of this Agreement, without your consent and without notice to you.

You are allowed one Lay-by at a time with us. By granting you this Lay-by it does not mean that we will do so again in future. We have the right to refuse to grant another Lay-by in future.