Terms of service

Layby USA – Layaway Agreement

Legal Seller: Layby USA, Inc., a Delaware corporation (Delaware file number 10762918)

Five-State Version • Last updated October 19, 2026. All dollar amounts in this Agreement are in United States dollars (USD).

OPERATING STATES ONLY

We accept orders from, and deliver only to, Texas, Pennsylvania, Michigan, Kentucky and Arkansas. We do not accept orders from, or ship to, any other U.S. state or territory or the District of Columbia. Billing address, delivery address and any gift-recipient delivery address must each be in an Eligible State.

IMPORTANT NOTICE

This is a Layaway Agreement with Layby USA. You select Products and make prepayments toward them before We order the Products for dispatch and delivery.

This is not a present sale of identified goods. No Product is set aside for You when You enter the Agreement. We place a new supplier order only after the Total Purchase Price has been paid in full.

The Total Purchase Price is the same whether You complete payment quickly or over time. We do not charge interest, a finance charge, or a time-price differential for paying over time.

Your First Payment is charged when You place Your order, and this Agreement is formed only if that payment succeeds. You choose Your payment amount, how often You pay and the date of Your next payment, and Your plan then continues on the amounts and dates You chose. Before You authorize Your Payment Plan, We show You its payment dates, the estimated final-payment date and the Expected Delivery Date it produces.

You may later increase or decrease Your scheduled payment amount, change an available Payment Date, make an additional payment, take an available payment break, or finish early. When a change affects the timetable, We will show You the revised estimated final-payment date and expected delivery date before or when You confirm the change.

Products are not shipped while any part of the Total Purchase Price remains unpaid. After full payment, We will dispatch the Products within fourteen (14) calendar days.

You are never obligated to complete the purchase. You may cancel at any time before dispatch, subject to Sections 5 and 6. Any Cancellation Fee or failed-payment fee is deducted only from payments already received and can never create a further debt.

This is not a credit agreement, loan, retail installment contract, or savings or investment product. No credit is advanced to You.

By entering this Agreement electronically and authorizing Your Payment Plan, You acknowledge and agree that shipment depends on completion of Your chosen layaway plan and that the resulting estimated payment and delivery timetable may extend beyond 30 days from Your First Payment.

1. Definitions

In these Terms:

Agreement / Layaway Agreement: this Layaway Agreement, including these Terms, the order-specific information accepted by You, and any later Payment Plan change You affirmatively confirm.

Business Day: a day other than Saturday, Sunday or a U.S. federal public holiday.

Cancellation Fee: the fee described in Section 6.

Eligible State: Texas, Pennsylvania, Michigan, Kentucky or Arkansas.

Expected Delivery Date: the delivery estimate shown to You at checkout, and again when You confirm a change to Your Payment Plan, based on Your current Payment Plan, Our commitment to dispatch within 14 calendar days after full payment, and the carrier transit estimate then used by Us. It is an estimate, not a guarantee that a carrier will complete delivery on that exact date.

First Payment: the first prepayment under Your Payment Plan, charged when You place Your order.

Layby USA / We / Us / Our: Layby USA, Inc., a Delaware corporation.

Payment Plan: the schedule of prepayments You choose at checkout — the payment amount and how often it is taken — beginning with Your First Payment, as later changed by You using the options We make available.

Products: the goods selected by You for purchase through the Layby USA program.

Total Purchase Price: the total amount payable for the Products, including applicable sales tax, shipping and other charges disclosed before You enter the Agreement. It does not include a Cancellation Fee that arises only if Section 6 applies.

You / Your: the person entering this Agreement.

2. Nature of the Layaway Agreement

This Agreement is a prepaid layaway / special-order arrangement. It gives You a way to prepay toward Products that We will order for You after the Total Purchase Price has been paid in full. It is not a present sale of identified goods and is not intended to be a retail installment sale.

• You select the Products and a Payment Plan: how much You pay, and how often.
• After the First Payment succeeds, You may keep to Your Payment Plan or use the options We make available to change Your payment amount, frequency or payment day, make extra payments, take an available payment break, or finish early.
• The Total Purchase Price does not increase because You pay over time.
• We order the Products from Our supplier only after the Total Purchase Price has been paid in full.
• No Product is set aside, and no specific serial-numbered item is identified to this Agreement, before We place the supplier order.
• You have no right to possession of the Products while any part of the Total Purchase Price remains unpaid.
• If You stop paying, unpaid future prepayments are not a debt. Our remedies are limited to ending the Agreement and, where permitted, deducting the Cancellation Fee and any Section 8 fees from amounts already paid.

3. No Credit; No Obligation to Continue

We do not provide a loan, advance of money, deferred debt, consumer-credit sale or financing under this Agreement.

This Agreement is not intended to be a "retail installment sale," "retail installment contract," "consumer credit sale," or similar credit arrangement under the law of an Eligible State because, among other things: (a) no credit is advanced; (b) You may cancel before dispatch; (c) unpaid future prepayments are not a debt; (d) there is no interest, finance charge or time-price differential; and (e) Products are not delivered before full payment.

A missed, failed or revoked payment does not create a debt owed to Us. We will not send unpaid future prepayments to collections and will not report them to a credit bureau.

4. Payments and Payment Plan

Your First Payment is charged to Your card when You place Your order. If it does not succeed, no Agreement is formed, no order is placed and You are not charged. If it succeeds but We cannot complete Your order, We refund it in full under Section 11. Your Payment Plan then continues at the amount and frequency You chose, from the next payment date You choose. The Payment Plan is shown to You before You authorize it.

After the First Payment is successfully made, You may simply keep to Your Payment Plan. You may also use the options We make available in Your account to increase or decrease Your payment amount, change Your payment frequency or scheduled payment day, make additional payments or pay the remaining balance early, or take an available payment break.

There is no fee for making an available Payment Plan change. We will show You the revised remaining balance, Payment Plan and expected delivery timetable before You confirm the change.

When a change affects Your payment timetable, Product, Total Purchase Price, remaining balance, estimated final-payment date or expected delivery timetable, We will recalculate and display the relevant updated information before You confirm it. By confirming the change, You agree to the revised Product, price, Payment Plan and delivery timetable displayed to You, as applicable.

Payments may be made using an accepted debit or credit card through Our payment processor. We do not accept prepaid cards.

We will never debit more than the amount You have authorized for a scheduled payment. A final payment may be smaller than the regular scheduled amount because only the remaining balance is due. Any customer-initiated extra payment is separately authorized by You.

4A. Card Payment Authorization

By authorizing Your Payment Plan and providing Your debit or credit card, You authorize Us to charge that card for Your First Payment when You place Your order and then in the amounts and on the dates shown in Your Payment Plan. Where Your card is a debit card, this recurring authorization is also a preauthorized electronic fund transfer under applicable federal law.

You give this recurring authorization electronically by signing or similarly authenticating Your Payment Plan. We will provide You with a copy of the authorization in Your Order Confirmation or other electronic record that You can retain.

You expressly consent to Us and Our payment processor securely storing Your card credentials for the scheduled payments You authorize. Charges will appear under the merchant descriptor disclosed at checkout and in Your Order Confirmation.

We will not charge more than the scheduled amount You authorized. Your final payment may be smaller because only the remaining balance is due. You agree that each scheduled payment will be the scheduled amount or, for the final payment, the smaller remaining balance, and that We need not send separate advance notice of that smaller final payment. Any additional payment You choose to make is separately authorized by You when You make it.

If You change Your Payment Plan, We will show You the revised scheduled payment amount or timing, estimated final-payment date, and expected delivery timetable before You confirm the change. Your confirmation authorizes the revised scheduled card payments.

You may revoke Our recurring-payment authorization at any time through the options We make available or by contacting contact@laybyusa.com. If Your payment method is a debit card, You may also have the right under federal law to instruct Your financial institution to stop a preauthorized electronic fund transfer by notifying it at least three (3) Business Days before the scheduled transfer.

Revoking the recurring-payment authorization does not create a debt and does not require You to make future payments. It does not by itself cancel Your layaway. If You also want to cancel the layaway, use Section 5.

4B. Layaway Statement and Electronic Records

We will provide or make available to You an electronic order confirmation showing Your First Payment and Your Payment Plan. If You later change Your Payment Plan or Product, We will provide or make available the updated details. Together they will show, as applicable:

• a description of the Products and the Total Purchase Price;
• Your First Payment date and amount, and Your Payment Plan;
• Your current scheduled payment amount, frequency and Payment Dates, including any changes You later confirm;
• the estimated final-payment date and expected delivery date generated from Your current Product and Payment Plan;
• that Products are not shipped until the Total Purchase Price is paid in full and will be dispatched within 14 calendar days after full payment;
• the Cancellation Fee described in Section 6;
• how missed payments, cancellation and refunds are handled;
• that Products are ordered from suppliers after full payment and are not set aside when the Agreement begins; and
• that We accept and deliver only in the five Eligible States.

Each Product or Payment Plan change You confirm forms part of this Agreement. You should keep the confirmations for Your records.

5. Cancellation by You

You may cancel this Agreement at any time before the Products are dispatched, for any reason. You are never obligated to complete the purchase.

If You cancel, the Cancellation Fee in Section 6 may apply where permitted by applicable law. The fee may be deducted only from payments already received. Any remaining refundable balance is handled under Section 11.

If applicable law gives You a cancellation, rescission or refund right that cannot be waived or limited, that law controls.

To cancel, use any cancellation function We provide in Your account or email contact@laybyusa.com.

6. Cancellation Fee

Where permitted by applicable law, the Cancellation Fee is 15% of the Total Purchase Price, capped at $150.

The Cancellation Fee will never exceed the amount You have actually paid. It is deducted only from payments already received and can never create a debt or additional payment obligation.

The Cancellation Fee is intended to recover only part of the reasonable costs We incur in setting up, administering, servicing, processing payments for, cancelling, and refunding a layaway plan. Those reasonable costs may exceed $150, but the Cancellation Fee remains subject to the limits in this Section and applicable law.

The Cancellation Fee may apply when:

• You cancel under Section 5;
• We terminate under Section 7 after the required notice because the plan has been abandoned or scheduled payments repeatedly fail; or
• the Agreement ends because You move or change delivery to a location outside the Eligible States after the Agreement has begun, where the fee is permitted by law.

The Cancellation Fee does not apply when We cancel or cannot perform for a reason not caused by You, including Product unavailability, Our inability to provide an agreed substitute, a material pricing or description error, Our inability to meet an applicable shipment commitment, or Our decision to stop trading.

Example: If the Total Purchase Price is $600, 15% is $90. If You have paid $250 when a permitted Cancellation Fee applies, the refund is $160. If You have paid only $50, the fee cannot exceed $50 and You owe nothing further.

7. Missed Payments, Pauses and Termination by Us

A failed or missed payment is not a default that creates a debt. If a payment fails, We may retry it only where the retry is permitted by Your authorization, applicable law and payment-network rules; contact You; pause further attempts; or invite You to select a revised Payment Plan.

If scheduled payments are repeatedly missed or fail and You do not select an available pause or revised Payment Plan, We will give You at least two (2) days' written notice before terminating the Agreement. The notice will give You an opportunity to resume, change the plan or cancel.

If the notice period expires without a response or restored plan, We may terminate the Agreement as abandoned. If We do, the Cancellation Fee in Section 6 may apply where permitted by law, any Section 8 fees already accrued are deducted from the balance We hold, We stop future payment attempts, and We refund the remaining balance under Section 11.

We do not charge a monthly holding fee, do not collect unpaid future installments, and do not report missed future payments to a credit bureau.

If We end the Agreement for a reason not caused by You, You receive a full refund of all payments and no Cancellation Fee applies.

8. Failed Payments

There is no fee for a failed payment. We do not charge an administration, dishonour or late fee when a scheduled payment does not go through.

A card payment may be retried where Your authorization, the law and the card-network rules allow.

A failed payment never creates a debt You owe Us.

Any retry of a failed payment will be made only as permitted by Your authorization, applicable law and applicable payment-network rules.

Your bank, card issuer or other payment provider may charge its own fee under its separate agreement with You. We do not control those third-party fees.

9. Product Availability, Substitutions and Pricing

Because Products are not ordered from Our supplier until the Total Purchase Price has been paid in full, availability, model numbers and supplier pricing may change during the layaway period.

If the Product You selected becomes unavailable, discontinued, superseded or cannot reasonably be supplied, We may offer You an alternative Product of equal or greater value with reasonably equivalent or better functionality at no additional cost.

We will not substitute a materially different Product unless You affirmatively agree to the substitute in writing or electronically. Your silence is not acceptance of a substitute.

If You do not accept the proposed substitute, or We cannot supply the original Product or an acceptable substitute, We will cancel the Agreement and refund all payments in full. No Cancellation Fee applies.

We may correct a genuine typographical, pricing or product-description error before dispatch. If a material error means We cannot perform the Agreement as accepted and You do not agree to a lawful correction or substitute, We will cancel and provide a full refund without a Cancellation Fee.

Nothing in this Section limits any non-waivable consumer right.

10. Payment Timetable, Shipping and Delivery

We accept orders from and deliver only to the Eligible States. Your billing address and delivery address must each be in an Eligible State. A gift-recipient delivery address must also be in an Eligible State.

Layaway timetable. Before authorizing the First Payment, You acknowledge that the Products will not be shipped until the Total Purchase Price has been paid in full. Your layaway starts with Your First Payment, charged when You place Your order, and continues under Your Payment Plan. Based on that plan, We show You the estimated final-payment date and Expected Delivery Date at checkout.

Changes chosen by You. After the First Payment, You may keep to Your Payment Plan or use available options to increase or decrease Your payment, change Your payment frequency or payment day, make extra payments, take an available payment break, or finish early. A change may alter the remaining balance, estimated final-payment date and Expected Delivery Date. We will display the revised information before You confirm the change, and Your confirmation is Your agreement to the revised timetable.

Dispatch after payment in full. We will not dispatch the Products while any part of the Total Purchase Price remains unpaid. Once the Total Purchase Price has been paid in full, We will dispatch the Products within fourteen (14) calendar days.

The Expected Delivery Date shown to You is based on the Payment Plan then in force, the 14-day dispatch commitment, and estimated carrier transit. Carrier transit after dispatch can be affected by circumstances outside Our reasonable control.

Seller delay. If We learn that We cannot ship within an applicable shipment time that We have represented or that You have agreed to, We will provide the notice, cancellation option, revised shipment information and refund rights required by applicable law. Where Your express consent to a further delay is required, We will not treat silence as consent.

If You cancel because We cannot meet an applicable shipment commitment, or if We cancel because We cannot supply the Products, You receive a full refund and no Cancellation Fee applies.

Address changes. You must provide an accurate delivery address and update it before dispatch. A changed delivery address must remain in an Eligible State. If You choose to move delivery outside the Eligible States, We may cancel the Agreement and Section 6 may apply where permitted by law.

Shipping and other delivery charges included in the Total Purchase Price are disclosed before You enter the Agreement. We will not later add an undisclosed shipping charge to the Total Purchase Price.

If delivery after dispatch fails because of inaccurate information You provided, refusal of delivery, or another customer-caused event, We may charge or deduct only reasonable redelivery or recovery costs actually incurred and only where permitted by law. We will attempt to contact You before treating the delivery as abandoned.

Risk of loss passes when the Products are delivered to You or Your designated recipient.

11. Refunds and Remaining Balances

When a refund is due under this Agreement, We will issue it to the original payment method where reasonably practicable.

Any refund required by the FTC Mail, Internet, or Telephone Order Merchandise Rule will be issued within the time required by that Rule. For the payment methods used under this Agreement, that will ordinarily mean within seven (7) Business Days after the right to the refund arises. If another applicable law requires a faster refund, We will follow that law.

For other contractual refunds not governed by a shorter mandatory period, We will issue the refund within seven (7) Business Days after the refund amount is determined. Your bank, card issuer or payment processor may take additional time to post the refund to Your account.

If the original payment method cannot accept a refund, We may use another lawful refund method after reasonably verifying Your identity.

Where a lawful Cancellation Fee applies, the refund equals payments received less that fee, any Section 8 fees lawfully accrued, and any other customer-caused delivery costs that applicable law permits Us to deduct.

If a refund cannot be delivered to You, the amount remains claimable until applicable unclaimed-property law requires otherwise.

12. Ownership and Risk

You do not acquire ownership or a right to possession while any part of the Total Purchase Price remains unpaid.

Products are ordered new from U.S. suppliers after full payment. They are not set aside from existing stock when You first enter the layaway plan.

Title and risk of loss pass to You on delivery, subject to any mandatory law that provides greater protection.

13. Customer Information and Privacy

You consent to enter into this Layaway Agreement electronically, and to receive this Agreement, Your Order Confirmation, Your payment authorization and payment schedule, notices, receipts, and other records for this layaway — and for any change You make to it — electronically, by email and in Your account. Your consent covers this transaction and those categories of records. It does not apply to any other agreement between You and Us.

To access and retain these records You need a device with internet access, a current web browser, an email account You can receive mail at, and a way to save or print a web page or a PDF. By giving Your consent electronically at checkout You confirm that You can read a record in that form. If these requirements change in a way that creates a material risk that You could not access or retain Your records, We will tell You and You may then withdraw Your consent.

At any time, and at no charge, You may request a paper copy of any of these records, update the email address We send them to, or withdraw Your consent to receive future records electronically — by emailing contact@laybyusa.com or by using the options in Your account. Withdrawing Your consent is free. It does not cancel this Agreement, does not affect the validity of records already provided or payments already authorized, and applies only to records We send after We receive it. We will tell You if a non-electronic method is required to continue Your layaway.

You agree that information You provide is accurate and complete and that You will update Your contact and delivery information if it changes.

We may send notices required by this Agreement or law to the most recent email address, telephone number or other contact details You have provided, using a method permitted by law.

Our collection and use of personal information is also governed by Our Privacy Policy.

14. Taxes and Charges

Applicable sales taxes, shipping and other charges included in the Total Purchase Price are disclosed before You enter the Agreement. Once the Agreement is confirmed, We will not increase the Total Purchase Price because You take longer to complete the layaway plan.

The Cancellation Fee and any customer-caused delivery or redelivery cost arise only in the circumstances stated in these Terms and only to the extent permitted by applicable law.

15. Consumer Rights

Nothing in this Agreement excludes, restricts or modifies a right, remedy, warranty, cancellation right, refund right or other consumer protection that applicable federal or state law does not permit Us to exclude, restrict or modify.

If a term of this Agreement conflicts with a mandatory consumer-protection rule in Your Eligible State, the mandatory rule controls to the extent of the conflict.

16. Eligibility

You must be at least 18 years old, legally able to enter into this Agreement, and a resident of an Eligible State. Your billing address, Your delivery address, and any gift recipient's address must each be in an Eligible State. By ordering, You confirm that this is so.

Products purchased through this program are intended for personal, family or household use and not for commercial resale.

17. Limitation of Liability

To the maximum extent permitted by law, We are not liable for delay or loss caused solely by circumstances outside Our reasonable control, including carrier disruption, natural disaster, government action or similar events, provided that this Section does not remove any shipment, cancellation, refund or other right that applicable law gives You.

Nothing in this Agreement excludes liability that cannot legally be excluded.

18. General Terms

If any provision is invalid or unenforceable, the remaining provisions continue to apply to the extent permitted by law.

We may assign Our rights or obligations only where permitted by law and without reducing any mandatory consumer right.

A failure to enforce a provision on one occasion is not a waiver of that provision.

We may amend these Terms for future layaway agreements. A later version does not alter an existing Agreement unless required by law or affirmatively agreed by You.

This Agreement, the order confirmation, Your Payment Plan, and any later Product or Payment Plan change You confirm are the entire agreement governing the layaway arrangement.

The Agreement is governed by applicable U.S. federal law and the law of the Eligible State in which You reside, without excluding any mandatory consumer protection that otherwise applies.

Headings are for convenience only and do not limit the meaning of a provision.

19. Contact Information

Layby USA, Inc., a Delaware corporation — Delaware file number 10762918

Address: 2810 N Church St STE 90614, Wilmington, DE 19802

Customer Support and Cancellations: contact@laybyusa.com