Terms of service

Layby USA – Layaway Purchase Agreement

Legal Seller: Layby USA

Last updated August 30, 2026. All dollar amounts in this Agreement are in United States dollars (USD).

IMPORTANT NOTICE

This is a Layaway Purchase Agreement for the purchase of Products through Layby USA.

This is a traditional layaway-style agreement for the purchase of goods. You pay for the Products by scheduled installments before delivery.

You are never obligated to complete Your purchase. You may cancel at any time before dispatch (Section 5).

You will not receive the Products until the Total Purchase Price has been paid in full. Until then, You have no right to possession of the Products.

Products are ordered new from Our suppliers after Your final payment. They are not set aside from existing stock when You place Your order.

If You cancel, a Cancellation Fee may apply (Section 6). A Cancellation Fee may also apply if We terminate after the missed-payment notice process in Section 7, or in the limited customer-caused circumstances in Section 10.

Any Cancellation Fee is deducted only from payments You have already made. You will never owe Us an additional amount because of a Cancellation Fee.

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

By placing an order electronically, You acknowledge that You have read, understood, and accepted this Layaway Purchase Agreement and these Terms.

SPECIAL NOTICE FOR CALIFORNIA RESIDENTS: If You reside in California, this Agreement is executed and performed exclusively as an Advance Purchase Pre-Order Installment Plan and not as a "layaway" plan under California Civil Code § 1749. For all California transactions, any reference to "Layaway," "Layaway Purchase Agreement," or "Layaway Program" in these Terms shall legally mean an "Advance Purchase Pre-Order Installment Plan." No physical inventory is set aside or held in storage prior to Your final payment.

1. Definitions

In these Terms:

Layaway Purchase Agreement / Agreement means this Layaway Purchase Agreement, including these Terms and any order-specific terms accepted by You when placing a layaway purchase.

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

Cancellation Fee means the fee described in Section 6.

Customer / You / Your means the person entering into this Agreement.

Layby USA / We / Us / Our means Layby USA.

Payment Plan means the schedule of installment payments selected by You at checkout.

Products means the goods You purchase through the Layby USA program.

Total Purchase Price means the total amount payable for the Products, including any applicable taxes, shipping, or fees disclosed during checkout.

2. Nature of Layaway Purchase Agreement

This Agreement is a layaway-style purchase arrangement for goods.

Under this Agreement:

• You choose Products and select a Payment Plan.
• You pay the Total Purchase Price by scheduled installments before delivery.
• We agree to supply the Products once the Total Purchase Price has been paid in full.
• The Products are not supplied to You, and You have no right to possession, until payment in full and delivery.
• You do not acquire ownership until You have paid in full and the Products have been delivered. Title and risk of loss pass on delivery (Section 12).
• Products are ordered new from Our suppliers — authorized US retailers — after Your final payment. They are not set aside from existing stock when You place Your order.
• California Statutory Variance: Notwithstanding any traditional layaway terminology used elsewhere in this Agreement, for Customers purchasing from within the State of California, Layby USA does not offer traditional layaway stock-retention services. Instead, the transaction is structurally categorized as an Advance Purchase Agreement to secure a future product order. Layby USA legally obligates itself to secure and dispatch the specified Products from its supplier network within twenty (20) Business Days following the successful receipt of the Customer's final installment payment.

3. No Credit; No Obligation to Continue

Nothing in this Agreement requires Us to provide, and We do not provide, any loan, advance of money, or deferred debt arrangement.

Nothing in this Agreement obligates You to complete Your purchase or to make any particular future payment. You may cancel at any time before dispatch (Section 5).

A missed, failed, or revoked payment is not a default, does not create a debt owed to Us, will never be sent to collections, and will never be reported to a credit bureau. The consequences of missed payments are set out in Sections 7 and 8.

We charge no interest and no finance, service, or carrying charge for paying over time.

4. Payments

Payments are collected according to the Payment Plan You select at checkout, under the Recurring Payment Authorization in Section 4A. You may cancel at any time before dispatch (Section 5).

Payments are made by debit or credit card, or by direct debit from a US bank account (ACH), through Our payment processor — whichever You choose at checkout.

If a payment fails, We may:

• retry the payment where permitted;
• contact You regarding the failed payment;
• adjust Your remaining Payment Plan with Your agreement;
• suspend further payment attempts; or
• terminate this Agreement after the notice process in Section 7.

You may request changes to Your payment schedule. Approval is at Our discretion. If an agreed change alters the amount or timing of scheduled payments, We will confirm the new schedule in writing before it takes effect.

4A. Recurring Payment Authorization

By selecting a Payment Plan and providing a payment method at checkout, You authorize Us to charge that payment method — and, where You provide a US bank account, to initiate electronic debit entries under the Nacha Operating Rules:

• Amount: the scheduled installment amount shown at checkout and in Your order confirmation.
• Schedule: on the scheduled dates, at the frequency You selected at checkout, until the Total Purchase Price is paid in full, this Agreement is cancelled, or We stop attempting payments under Section 7.

The amounts and dates are fixed at checkout and will not vary unless You request or agree to a revised Payment Plan. A copy of this authorization is included in Your order confirmation.

Charges appear on Your card or bank statement under Our merchant descriptor. All charges are in USD and processed in the United States.

Revoking this authorization. You may revoke this authorization at any time by emailing contact@laybyusa.com at least three (3) Business Days before the next scheduled payment, or by instructing Your bank or card issuer.

Revoking authorization does not by itself cancel this Agreement. Unpaid installments are handled under Section 7. No missed or revoked payment creates a debt You owe Us.

4B. Layaway Purchase Statement

Before or at Your first payment, You will receive an order confirmation setting out:

• a description of the Products;
• the Total Purchase Price, including any applicable taxes, shipping, and disclosed fees;
• that no deposit is required;
• the amount, frequency, number, and dates of Your installments, including the final payment date;
• every fee that may apply: the Cancellation Fee (15% of the Total Purchase Price, capped at $150 and never more than You have paid — Section 6) and the $3.50 dishonored-payment fee (Section 8);
• what happens if You miss payments (Section 7);
• how to cancel and how refunds are paid (Sections 5, 6 and 11);
• that Products are ordered from Our suppliers after Your final payment rather than set aside from existing stock (Section 12); and
• dispatch within 20 Business Days after Your final payment (Section 10).

That confirmation forms part of this Agreement.

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 Your purchase.

This Agreement does not give You a contractual fee-free cooling-off period. If applicable law gives You a cancellation right that cannot be waived or limited, that law applies.

If You cancel, the Cancellation Fee in Section 6 may apply. It is retained only from payments You have already made. Any remaining refundable balance is paid under Section 11.

To cancel, email: contact@laybyusa.com

6. Cancellation Fee

The Cancellation Fee is 15% of the Total Purchase Price, up to a maximum of $150.

The Cancellation Fee will never exceed the amount You have paid and will be deducted only from payments already received. You will never owe Us any additional amount because of the Cancellation Fee.

If applicable state law requires a lower fee or a greater refund, that law applies.

The Cancellation Fee represents a reasonable contribution towards the costs of establishing, administering, and ending this Agreement.

The Cancellation Fee applies when:

• You cancel this Agreement under Section 5; or
• We terminate this Agreement under Section 7 after the notice period, for non-payment, repeated failed payments, or abandonment; or
• this Agreement is cancelled in a customer-caused circumstance described in Section 10.

The Cancellation Fee does not apply where We cancel because:

• We cannot supply the Product;
• We cannot provide a permitted substitute;
• a material pricing or product-description error prevents fulfilment;
• We cannot dispatch within the timeframe in Section 10 and You choose to cancel; or
• We cancel for another reason that is not caused by You.

Worked example: On a $600 Total Purchase Price the fee is $90. If the Agreement ends after You have paid $250, the refund is $160. If You have paid only $50, the fee is $50 and You owe nothing further.

7. Missed Payments and Termination by Us

If a scheduled payment fails, We may retry the card where permitted and, where permitted by law, charge the fee in Section 8.

If You miss scheduled payments, or scheduled payments fail repeatedly, We will contact You and give You at least fourteen (14) days' written notice. That notice will give You the chance to catch up, agree a new schedule, or cancel under Section 5.

If, after that notice period, You have not caught up, agreed a new schedule, or cancelled, We may terminate this Agreement for non-payment, repeated failed payments, or abandonment.

If We terminate under this Section:

• the Cancellation Fee in Section 6 applies, and will never exceed the amount You have paid;
• any accrued Section 8 fees remain payable from the balance We hold;
• We will refund the rest under Section 11;
• We will stop attempting further scheduled payments.

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

We will not keep retrying failed payments indefinitely and will not charge a monthly fee for holding Your balance. After the notice process in this Section, We either restore the plan with You or terminate it and pay the refund.

If We cancel for any reason other than non-payment, repeated failed payments, abandonment, or a customer-caused event in Section 10 — including because a Product is unavailable and You decline a substitute, because of a pricing or description error, or because We stop trading — You receive a full refund of all payments made, with no Cancellation Fee.

8. Failed Payments

If a scheduled payment fails, We may charge a $3.50 administration fee for that scheduled installment, where permitted by applicable law.

Card payments may be retried once first. If the retry succeeds, no fee is charged. The fee applies only if the retry also fails.

Where a bank-account payment is returned, We will handle any further request in accordance with payment-network rules and Your authorization.

The fee is charged at most once per scheduled installment. It is taken only from payments We already hold. It is not taken as a separate extra debit to create a debt.

Section 8 fees, together with any Cancellation Fee, will never exceed the total You have paid.

Your bank or card issuer may charge its own failed-payment fees.

9. Product Availability, Substitutions and Pricing

We make reasonable efforts to supply the Product You selected. Availability may change during the term of this Agreement.

If Your Product becomes unavailable, discontinued, superseded, or cannot reasonably be supplied, We may offer a substitute that is:

• the same Product;
• an equivalent Product of the same brand; or
• a newer model of the same brand,

provided it is of equal or greater value and has reasonably equivalent or better functionality, at no additional cost to You.

We will notify You of the proposed substitute in writing, including by email.

If You do not decline the proposed substitute in writing within fourteen (14) days after We send the notice, You are taken to have accepted it, except where applicable state law requires Your affirmative consent.

Where state law requires affirmative consent, We will not substitute unless You first approve the substitute in writing.

If You decline the substitute within the applicable period, or We cannot provide a permitted substitute, We will cancel this Agreement and refund all payments in full, with no Cancellation Fee.

Product images are illustrative. Packaging, appearance, specifications and model numbers may vary where a substitute is supplied under this Section.

We may correct genuine typographical, pricing, description or other inadvertent errors before dispatch. If a material error means We cannot supply the Product as agreed or provide a permitted substitute, We may cancel and refund all payments in full, with no Cancellation Fee.

Nothing in this Section limits mandatory consumer-protection rights in Your state.

10. Delivery

We deliver only to addresses in the United States.

We do not accept orders from, or ship to:

• Ohio;
• Maryland;
• Rhode Island; or
• the District of Columbia.

By placing an order, You confirm that Your delivery address is in an eligible jurisdiction.

Products will not be delivered before the Total Purchase Price has been paid in full.

We will dispatch within 20 Business Days after Your final payment. If We cannot, We will tell You promptly. You may choose a revised dispatch date or cancel for a full refund of all payments, with no Cancellation Fee.

You must provide an accurate delivery address and tell Us of any change before dispatch. A new address must also be in an eligible jurisdiction.

If You move to, or change delivery to, an excluded jurisdiction, We may cancel this Agreement. The Cancellation Fee in Section 6 applies. We refund the remaining balance after that fee.

Shipping, oversized-item, or rural-delivery charges are part of the Total Purchase Price disclosed at checkout and will not be added later.

Reasonable extra costs actually incurred because of incorrect address information You provide, including redelivery where delivery fails because of Your actions, may be deducted from amounts We hold where permitted by law.

Risk of loss passes on delivery.

If delivery cannot be completed because of Your actions or inaccurate information — including an incorrect address, refusal of delivery, or repeated failed attempts — We will try to contact You. A reasonable redelivery fee may apply.

If We cannot complete delivery or reach You within 20 Business Days after Our first delivery attempt, We may cancel this Agreement. The Cancellation Fee in Section 6 applies, and We refund the rest after deducting that fee and reasonable delivery or redelivery costs actually incurred, where permitted by law.

The Cancellation Fee will never exceed the amount You have paid. Your goods and Your money will never be silently forfeited.

11. Refunds and Remaining Balances

Approved refunds are paid within fourteen (14) days to the original payment method where reasonably practicable.

If that method cannot accept the refund, contact Us and We will arrange another method after verifying Your identity.

Where this Agreement ends and a Cancellation Fee applies, Your refund is the amount You have paid less that fee and any Section 8 fees lawfully accrued.

If We owe You a refund but cannot return it, We will try to contact You. The balance remains claimable by You until unclaimed-property law requires otherwise. Reportable balances are handled under applicable state unclaimed-property law.

12. Ownership and Risk

You do not acquire ownership until You have paid the Total Purchase Price in full and the Products have been delivered. Title and risk of loss pass on delivery.

Until then You have no right to possession, no legal title, and may not sell or assign any interest in the Products.

Products are ordered new from authorized US retailers after Your final payment. They are not set aside from existing stock when You place Your order.

13. Customer Information and Privacy

You agree that information You provide is accurate and complete, that You will update it if it changes, and that We may rely on Your latest contact details.

Use of Our website is also governed by Our Privacy Policy.

14. Taxes and Fees

Applicable sales taxes, shipping, and other charges are disclosed at checkout as part of the Total Purchase Price. Once confirmed, the Total Purchase Price does not increase during the Payment Plan.

The Cancellation Fee, dishonored-payment fee, and customer-caused delivery costs arise only in the circumstances in these Terms and only to the extent permitted by law.

15. Consumer Rights

Nothing in this Agreement limits rights You have under applicable consumer-protection laws, or warranties, remedies, cancellation rights or refund rights that cannot legally be excluded.

16. Eligibility

You must be at least 18. By ordering, You confirm You can enter this Agreement.

Products are for personal, family, or household use and not for resale.

17. Limitation of Liability

To the maximum extent permitted by law, We are not responsible for losses caused by circumstances outside Our reasonable control, including shipping delays, supplier delays, natural disasters, government actions, or other events beyond Our reasonable control.

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

18. General Terms

If a provision is invalid, the rest still applies.

We may assign Our rights and obligations where permitted by law.

Failure to enforce a provision is not a waiver.

We may amend these Terms for future purchases. Changes do not alter an existing Agreement unless required by law or agreed with You.

This Agreement is the entire agreement for this purchase.

It is governed by applicable US federal law and the law of the state where You reside. Mandatory consumer-protection rights in that state are not excluded.

19. Contact Information

Layby USA

Customer Support: contact@laybyusa.com