Rules for lay-bys

A lay-by is an agreement between you and a customer where you:

  • agree on a fixed sale price and payment conditions
  • hold the goods until the customer finalises the payments
  • do not charge interest on the outstanding debt.

The lay-by can be anything from 1 week to many months. You and the customer are free to decide. You will then hold the goods for that period of time.

An agreement is a lay-by if:

  • the customer pays in 3 or more installments
  • you call it a lay-by, even if the customer pays in only 2 instalments.

Terms and conditions

When you start a lay-by agreement, you must make sure the customer knows the terms and conditions.

Agreements must be in writing and should contain:

  • what goods you’re selling
  • how much they cost
  • how much deposit the customer paid
  • how long the lay-by will last (maximum)
  • what cancellation and refund policies apply.

Cancelled lay-bys

The customer cancels

If the customer cancels a lay-by agreement, you:

  • must refund the customer’s money
  • may charge a termination fee only if it was in the agreement.

A termination fee can only cover the costs of the lay-by.

You cancel

You aren’t allowed to break a lay-by agreement unless:

  • the customer breaks one of their terms
  • you close down
  • the goods are no longer available for reasons you can’t control.

You can’t choose to remove the goods from sale.

The customer is entitled to a full refund if:

  • you close down
  • the goods are no longer available for reasons you can’t control.