fēnix® E – 47 mm, AMOLED

DEPOSIT & LAYBY PAYMENT TERMS AND CONDITIONS

PLEASE READ THESE TERMS CAREFULLY BEFORE PROCEEDING WITH YOUR DEPOSIT PAYMENT. BY SELECTING THE DEPOSIT/LAYBY OPTION AND COMPLETING YOUR PURCHASE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY ALL TERMS AND CONDITIONS SET FORTH HEREIN.

1. DEFINITIONS AND INTERPRETATION

1.1. In these Terms and Conditions:

• "Agreement" means these Terms and Conditions, which constitute a legally binding contract;
• "Balance" means the outstanding amount payable after the Deposit has been paid;
• "Business Day" means a day that is not a Saturday, Sunday, or public holiday in the relevant Australian state or territory;
• "Cancellation Fee" means the greater of (i) the Deposit and (ii) twenty percent (20%) of the Total Order Value, limited to the payments you have already made;
• "Deposit" means the initial payment made to secure the Goods;
• "Due Date" means the date by which the Balance must be paid in full;
• "Goods" means the products purchased under this Agreement;
• "Layby Period" means the period between the Deposit payment and the Due Date;
• "Seller", "we", "us", "our" means the merchant operating this online store;
• "Customer", "you", "your" means the person entering into this Agreement;
• "Total Order Value" means the full purchase price of the Goods including GST and any applicable fees.

1.2. Headings are for convenience only and do not affect interpretation.

1.3. Words importing the singular include the plural and vice versa.

2. FORMATION OF CONTRACT

2.1. This Agreement becomes legally binding upon your payment of the Deposit.

2.2. By paying the Deposit, you:

• (a) confirm you are at least 18 years of age and have legal capacity to enter into this Agreement;
• (b) warrant that you have authority to use the payment method provided;
• (c) acknowledge that you have read, understood, and agree to all terms herein;
• (d) waive any right to a cooling-off period to the extent permitted by law;
• (e) agree to pay the Balance by the Due Date.

2.3. We reserve the right to decline or cancel any order at our sole discretion, in which case any payments received will be refunded in full.

3. DEPOSIT PAYMENT

3.1. Amount: The Deposit is {deposit_percentage} of the Total Order Value, being {deposit_amount}.

3.2. Payment: The Deposit is payable immediately at checkout.

3.3. Purpose: The Deposit serves to:

• (a) secure and reserve the Goods for you;
• (b) remove the Goods from general sale inventory;
• (c) compensate the Seller for administrative costs and opportunity cost of reserving stock;
• (d) demonstrate your commitment to complete the purchase.

3.4. Price Lock: The price of the Goods is locked at the time of Deposit payment. Subsequent price changes, sales, or promotions do not apply to existing layby arrangements.

4. BALANCE PAYMENT TERMS

4.1. Balance Amount: The Balance payable is {balance_amount}.

4.2. Due Date: The Balance must be paid in full within {due_period} from the date of Deposit payment.

4.3. TIME IS OF THE ESSENCE: Time for payment of the Balance is of the essence. Failure to pay by the Due Date constitutes a material breach of this Agreement.

4.4. Payment Methods: The Balance may be paid by any payment method accepted at the time of payment.

4.5. Part Payments: You may pay the Balance in any number of part-payments, of any amount, at any time, provided the Balance is paid in full by the Due Date, being within {due_period} from the date of Deposit payment (subject to the Grace Period in clause 8.1).

4.6. Payment Confirmation: Payments are only deemed received when funds have cleared and are available to us.

5. PAYMENT REMINDERS

5.1. As a courtesy, we will send payment reminder notifications via email:

• (a) Seven (7) days prior to the Due Date;
• (b) Three (3) days prior to the Due Date;
• (c) On the Due Date;
• (d) Three (3) days after the Due Date if payment remains outstanding.

5.2. IMPORTANT: Non-receipt of reminder notifications does not extend the Due Date or relieve you of your obligation to pay. It is your sole responsibility to ensure timely payment.

5.3. You must ensure your email address is current and check your inbox and spam/junk folders regularly.

6. CANCELLATION BY CUSTOMER

6.1. CANCELLATION FEE: If you cancel this Agreement for any reason after paying the Deposit, we will keep the Cancellation Fee, being the greater of the Deposit or twenty percent (20%) of the Total Order Value, taken only from payments you have already made.

6.2. Nothing further payable: We will not charge or seek any further amount from you on cancellation. If your payments to date are less than twenty percent (20%) of the Total Order Value, we keep only what you have paid.

6.3. Refund: Any payments you have made above the Cancellation Fee will be refunded.

6.4. Example: For a $5,000 order with a 10% ($500) Deposit: if you have paid only the Deposit, we keep $500 and nothing more is owed; if you have paid $1,500, we keep $1,000 (20%) and refund $500. For a $2,090 order with a 30% ($627) Deposit, the Deposit is greater than 20% ($418), so we keep $627 and refund anything paid above that.

6.5. How to Cancel: Cancellation requests must be submitted in writing via email to {contact_email} and must include:

• (a) Your full name;
• (b) Order number;
• (c) Reason for cancellation;
• (d) Your preferred refund method.

6.6. Cancellation is not effective until you receive written confirmation from us.

6.7. Refunds will be processed within fourteen (14) Business Days of cancellation confirmation.

6.8. NO COOLING-OFF PERIOD: You acknowledge that no cooling-off period applies to this transaction. Once the Deposit is paid, this Agreement is binding subject to these cancellation terms.

7. CANCELLATION BY SELLER / DEFAULT

7.1. Events of Default: You will be in default of this Agreement if:

• (a) The Balance is not paid in full by the Due Date;
• (b) The Balance is not paid within seven (7) days after the Due Date (Grace Period);
• (c) You breach any term of this Agreement;
• (d) Any payment is dishonoured, charged back, or reversed;
• (e) You provide false or misleading information;
• (f) We reasonably suspect fraudulent activity.

7.2. Consequences of Default: Upon default, we may, at our sole discretion:

• (a) Cancel this Agreement immediately without further notice;
• (b) Keep the greater of the Deposit or twenty percent (20%) of the Total Order Value, taken only from payments already received, and refund any payments above that amount within fourteen (14) Business Days;
• (c) Return the Goods to general sale inventory;

We will not seek any further amount from you because of the default.

7.3. Amount Kept: You acknowledge that the amount kept under clause 7.2(b) represents a genuine pre-estimate of our loss, including administrative costs, loss of sale opportunity, storage costs and restocking expenses, and is not a penalty.

7.4. Seller Unable to Fulfil: If we are unable to fulfil your order due to circumstances beyond our reasonable control (including stock unavailability, supplier failure, or force majeure), we will provide a full refund of all amounts paid including the Deposit within fourteen (14) Business Days.

8. GRACE PERIOD

8.1. A grace period of seven (7) days applies after the Due Date. You may pay the Balance during this period without the Agreement being cancelled, and no late fees apply.

8.2. We may, at our discretion, agree to an extended payment arrangement. Any such arrangement must be agreed in writing.

9. RESERVATION OF GOODS

9.1. Upon receipt of the Deposit, the Goods will be reserved for you for the duration of the Layby Period.

9.2. Reserved Goods will not be sold to other customers during the Layby Period, subject to your compliance with this Agreement.

9.3. We may fulfil your order from any available stock and are not obligated to reserve specific items unless expressly agreed.

10. TITLE AND RISK

10.1. Retention of Title: Legal and beneficial title to the Goods remains with the Seller until:

• (a) The Balance has been paid in full;
• (b) All funds have cleared; and
• (c) All other amounts owing under this Agreement have been paid.

10.2. Risk: Risk in the Goods passes to you upon delivery to the delivery address specified or upon collection, whichever occurs first.

10.3. You must not sell, dispose of, or encumber the Goods until title has passed.

11. DELIVERY

11.1. IMPORTANT: Goods will NOT be dispatched or made available for collection until:

• (a) The Balance has been paid in full; and
• (b) Payment has been confirmed and cleared.

11.2. Delivery will be made in accordance with our standard shipping policy published on our website.

11.3. Delivery timeframes commence from the date full payment is confirmed, not from the date of order or Deposit payment.

11.4. For collection orders, you will be notified when Goods are ready. Goods must be collected within fourteen (14) days of notification. Uncollected Goods may incur storage fees of $10 per day after this period.

12. CHANGES TO ORDERS

12.1. Once the Deposit is paid, changes to the order (including product variations, sizes, colours, quantities, or substitutions) may only be made with our prior written consent.

12.2. We reserve the right to refuse any order modifications.

12.3. Approved changes may result in price adjustments. If the Total Order Value increases, the additional amount must be paid before dispatch. If the Total Order Value decreases, any difference will be applied to reduce the Balance; no cash refunds will be provided for the Deposit portion.

12.4. Changes may restart or extend delivery timeframes.

13. CONSUMER GUARANTEES

13.1. Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)).

13.2. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.

13.3. You are also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure.

13.4. Nothing in this Agreement excludes, restricts, or modifies any consumer rights under the Competition and Consumer Act 2010 (Cth) or any other applicable legislation that cannot be excluded, restricted, or modified by agreement.

13.5. Consumer guarantee claims must be made in accordance with our Returns and Refunds Policy.

14. LIMITATION OF LIABILITY

14.1. To the maximum extent permitted by law, the Seller excludes all liability for:

• (a) Any indirect, incidental, special, consequential, or punitive damages;
• (b) Loss of profits, revenue, business, data, or goodwill;
• (c) Any loss arising from circumstances beyond our reasonable control.

14.2. Our total liability to you for any claim arising from this Agreement shall not exceed the total amount actually paid by you under this Agreement.

14.3. You indemnify us against all claims, losses, damages, costs, and expenses arising from your breach of this Agreement or negligent or fraudulent conduct.

15. PRIVACY

15.1. Personal information collected in connection with your layby arrangement will be handled in accordance with our Privacy Policy and the Privacy Act 1988 (Cth).

15.2. We may use your contact details to send payment reminders, order updates, and other communications related to your layby arrangement.

15.3. We may disclose your information to debt collection agencies in the event of non-payment.

16. DISPUTE RESOLUTION

16.1. If you have any concerns or disputes regarding your layby arrangement, please contact us first at {contact_email} to attempt resolution.

16.2. We will endeavour to respond to disputes within seven (7) Business Days.

16.3. If we are unable to resolve your dispute, you may lodge a complaint with your state or territory consumer protection agency, Fair Trading, or the Australian Competition and Consumer Commission (ACCC).

16.4. Nothing in this clause prevents either party from seeking urgent injunctive relief.

17. GENERAL PROVISIONS

17.1. Governing Law: This Agreement is governed by the laws of Victoria, Australia.

17.2. Jurisdiction: Any disputes arising from this Agreement shall be subject to the non-exclusive jurisdiction of the courts of Victoria, Australia.

17.3. Severability: If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

17.4. Waiver: Failure to enforce any right or provision of this Agreement does not constitute a waiver of that right or provision.

17.5. Entire Agreement: This Agreement constitutes the entire agreement between the parties in relation to the layby arrangement and supersedes all prior representations, agreements, and understandings.

17.6. Amendment: We may amend these Terms from time to time. Amendments apply to new orders only; existing layby arrangements continue under the terms agreed at purchase.

17.7. Assignment: You may not assign or transfer your rights or obligations under this Agreement without our prior written consent.

18. CONTACT

For enquiries regarding your layby arrangement or these terms:

Email: {contact_email}

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ACKNOWLEDGMENT

BY PROCEEDING WITH YOUR DEPOSIT PAYMENT, YOU CONFIRM AND ACKNOWLEDGE THAT:

• ✓ You have read and understood all terms and conditions set forth above;
• ✓ You agree to be legally bound by these terms;
• ✓ You understand the Deposit secures the Goods and that if you cancel or miss the Due Date we keep the greater of the Deposit or 20% of the Total Order Value from payments already received, and refund the rest;
• ✓ You understand the Balance of {balance_amount} must be paid within {due_period};
• ✓ You understand that NO COOLING-OFF PERIOD applies;
• ✓ You understand that Goods will NOT be dispatched until full payment is received;
• ✓ You understand that failure to pay by the Due Date (plus the 7-day grace period) may result in cancellation, with the amount above kept and any further payments refunded;
• ✓ Your statutory rights under Australian Consumer Law are preserved.