1. In these terms and conditions (“the Terms”), unless the context indicates the contrary:

1.1. “Lay-by” means the offering of a facility where we reserve goods, which you have chosen, in your name, while you pay for the goods over a period of time. We will hold on to the goods, until paid for in full, when we will release them for your collection.

1.2. A Savelkoul & Co (Pty) Ltd means your counterparty to these Terms:

1.3. “Personal Information” or “PI” means any and all that information you give us or that we already hold about you, which we may retain or record.

1.4.  “We, us, our” means A Savelkoul & Co (Pty) Ltd and where relevant, our subsidiary and holding companies.

1.5. “You” means the person using the Lay-by facility.

2. Use of the Lay-by Facility

2.1. When you choose goods to Lay-by, you will be required to pay a deposit on opening the Lay-by facility. The store staff will advise you of the amount of the deposit you are required to pay.

2.2. You must then make a minimum of one payment every month until the goods are paid for in full. You may decide to pay more frequently if you wish.

2.3. The maximum period for a Lay-by, inclusive of the inception month, is 6 (six) months.

2.4. Each monthly payment will be no less than an equal share of the balance owing after the deposit is paid, and will be payable over the remaining 5 (five) months Lay-by period.

2.5. Cancellation Fee

2.5.1. If you cancel the Lay-by before paying for the goods in full, we will charge you a cancellation fee of 5% of the Lay-by (“The Cancellation Fee”).

2.5.2. If you fail to pay for the goods in full by the completion date (the end of the 6 (six)month Lay-by period) we will cancel the Lay-by and charge you the Cancellation Fee.

2.5.3. We will cancel the Lay-by if you fail to comply with the Terms.

2.6. In the event that the Lay-by is cancelled as per 2.5.1 – 2.5.3 above, you will be refunded any amount that you have paid towards the Lay-by, less the Cancellation Fee.

2.7. We will not charge you the Cancellation Fee if you do not complete the Lay-by due to your hospitalisation or death.

2.8. No goods will be released to you for collection until the Lay-by has been paid in full.

2.9. Certain goods may not be reserved on Lay-by – the store staff will advise you of this.

3. Your Personal Information (“PI”)

3.1. For as long as you have a Lay-by with us, you expressly agree that:

3.1.1. we may collect and retain your PI for the purposes of opening, managing, administering and maintaining your Lay-by and establishing, verifying your identity and to collect payment from you;

3.1.2. we may make any enquiry to confirm and verify any information provided by you to us at any stage;

3.1.3. you will give us honest, accurate and up-to-date PI and maintain and update such information where necessary;

3.1.4. we may maintain your PI for as long as we need to by law in order to maintain your Lay-by;

3.1.5. you have the right to access your PI held by us, during office hours within a reasonable time after we have received such a written request for access;

3.1.6. you have the right to request us to correct or delete your PI that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully; and

3.1.7. you have the right to object to the processing of your PI at any time, in which event we will no longer be able to manage your Lay-by, and it will be cancelled.

3.2. You expressly consent that we may share your PI with:

3.2.1. other companies to share positive and negative information about you or your Lay-by, including any non-compliance with these Terms;

3.2.2. law enforcement and fraud prevention agencies and other persons tasked with the prevention and prosecution of crime.

3.3. You acknowledge and expressly consent that we may process your PI for purposes of:

3.3.1. managing your Lay-by and enabling us, and any of our authorised representatives, to fulfil our obligations under these Terms;

3.3.2. detecting fraud and criminal activities and to take the necessary measures to prevent any suspicious or fraudulent activity;

3.3.3. interacting with you via various means including but not limited to: email, SMS, MMS and social media channels.

3.4. You have the right to lodge a complaint with the Information Regulator.

4. Direct Marketing

4.1.  If you opt-in at time of opening your Lay-by facility, or any later stage, to receive direct marketing from us, we will send you marketing information.

4.2. We may market any of the Marketing Services to you on outside of prescribed times as set out in the Consumer Protection Act 68 of 2008 (“CPA”). We will not do this if you opt-out.

4.3. We will give you the option to opt-out of receiving further Marketing Services.

5. General

5.1. You hereby consent that we may institute any legal proceedings relating to your Lay-by in any court that has jurisdiction over you. Your Lay-by will be governed by the relevant laws applying in your jurisdiction.

5.2. If we do not immediately carry out or implement any of our rights in terms of the Lay-by for any reason or purpose, it does not mean that we have given up or waived any of those rights.

5.3. We may monitor and record all phone calls and other interactions with you.

5.4. You confirm that you understand these Terms, the risks relating to the Lay-by and your rights and obligations.

5.5. We may cede, assign or transfer any of our rights or obligations, or arrange that any third party carries out any of our rights or obligations in terms of the Lay-by, without your consent and without notice to you.

5.6. We will not be liable for anything outside of our reasonable control if this prevents us from providing our usual service.

5.7. We may at any time amend or replace these Terms and if we do so, it does not mean a new Lay-by will come into place. You will be bound by the new terms from the time they are released.

5.8. You must have the required legal capacity to enter into a Lay-by agreement. We may require that you provide us with proof of identification.

5.9. If we grant you a Lay-by, it does not mean that we will do so again in the future. We have the right to refuse to enter into any further agreements with you.