Layaway Terms, Agreements and Contract
Innfact Communications Ltd trading as www.zoomba.ng has identified core principles we believe are integral and imperative for all Layaway agreement deals transacted through our LOCK IT DOWN checkout payment option to be fair and reasonable.
The following principles below therefore make up the Terms & Conditions for our Layaway contract and related transactions entered into. This applies to all and any layaway contract template utilized by both the Merchant or Buyer:
Record of Payment
- A record of payments transaction history will always be available for both the merchant and buyer, recording all amounts paid to-date and the date and value of all future pending payments as per your agreed layaway policy.
Storage and Identification of Layaway Items:
Items on Layaway will be set aside and noted as Off The Shelf. Such Items shall then be clearly identified as ‘Layaway contract’ products by a number or some other identification.
Cancellation on breach by Buyer:
If a buyer has breached a term of a Layaway and Merchant intends to cancel the Layaway, before doing so ZOOMBA shall –
a) Give the buyer notice of intention to cancel the Layaway.
b) Allow the buyer at least 48hrs within which to rectify the breach,
c) The notice to be given has to be: (I) In writing, sent to the buyer’s last known email/phone number; (II) Must specify the breach of the Layaway for which the Layaway is being cancelled, and; (III) Must state the time within which the buyer must rectify the breach.
Cancellation where business closes
If Merchant under a Layaway agreement proposes to stop trading before the agreement is completed, Merchant must give notice of the proposal to ZOOMBA and must either (a) allow ZOOMBA 7days within which to complete the agreement; and
(b) transfer the contract to another willing merchant.
Effect of Cancellation:
Subject to the above, before a Layaway is cancelled, Merchant must refund all money paid 7days ahead, plus a cancellation charge of 10% total value.
Cancellation where item/s not available:
If the item/s are no longer available, Seller must cancel the Layaway and refund all monies to ZOOMBA.
Effect of Cancellation:
Subject to the above, before a Layaway is cancelled, Merchant must refund all money paid 7days ahead, plus a cancellation charge of 15% total value.
Innfact Communications Ltd trading as www.zoomba.ng charges a handling fee, which is 7.5% of the total order value at checkout. The buyer will pay this at prorated amounts to ZOOMBA at checkout at time of each installment. This fee covers transaction handling charge and is therefore not refundable.
ZOOMBA shall have reporting in place for all Layaway deals covering Down Payment made, Layaway period, Frequency of payments required, Payment amount required per installment; and a full record of all payments made to-date (amount and date on which made).
ZOOMBA will only dispatch the buyer item/s after receiving the final installment payment for all Layaway deals.
Layaway Terms and Conditions (Vendors):
- Merchant shall appoint an in-house contact staff, or personnel for ZOOMBA platform operations.
- Merchant/staff shall study the available ZOOMBA tutorial to understand and operate the ZOOMBA online store.
- Locked down item/s are Laid Away for the agreed duration.
- Locked down item/s price(s) shall remain fixed throughout Layaway duration, except in cases of default/breach, or market influenced inflation.
- Defaults and/or breach shall be dealt with as stated on the ZOOMBA terms.
- The safe keeping of Layaway item/s is the responsibility of merchant, except as otherwise jointly agreed.
- Any breach or damage on Layaway item/s is merchant’s responsibility for compensation/replacement.
- Layaway item/s shipping is unconditionally effected to ZOOMBA not later than 7days after the penultimate installment gets confirmed.
- ZOOMBA shall be indemnified of any direct transaction between merchant and buyer.
* Merchant shall keep to agreed financial terms with ZOOMBA.*
This Agreement shall be binding upon, inure to the benefit of, and be enforceable by the representatives, successors and assigns of the parties hereto.
This Agreement may be amended only by a written instrument duly executed by all parties hereto.
The parties hereby represent and warrant that each of them has full legal right, power and authority to enter into this Agreement and to carry out its obligations hereunder.
This Agreement may be executed simultaneously in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument.
Article headings contained herein are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.