OHANA terms & Conditions and LAY-BUY (LAYAWAY)
We do not offer RETURNS or REFUNDS due to the custom nature of the fabric UNLESS it is flawed. Please message me if you run into any issues. You have up to 5 working days to inspect for flaws or shortages. Should you receive anything that has a flaw or is damaged by printer please pm me so I can fix the situation for you. Once fabric is received we will inspect it as we are cutting up the fabric so this issue should be very few and far between. We print on 56-60” wide fabric but only guarantee 50” usable fabric width so if there is something within that 6” of fabric, it will not be considered a flaw. Any minor flaws under 1” inch that will not distract the fabric appearance will not be discounted as there can be some random imperfections with digital printing. There is NO discount for shrinkage.
Here at OHANA FABRIC, We use the law of parody art to be use/interpreted as Fair Use for all designs. Fair use is a legal doctrine that permits limited use of copyrighted material without acquiring permission from the rights holders.With any license inspired artwork, it is up to the buyers to use their best judgment on acquiring these products.
SEE FULL TERMS AND CONDITIONS HERE
MUST BE PART OF OUR GROUP TO UTILIZE THE LAYAWAY OPTION!! YOUR ORDER WILL BE CANCELED IF YOU DO NOT MEET THESE TERMS AND YOU WILL NOT BE REFUNDED THE 1.9% THAT THEY CHARGE YOU FOR USING THE SERVICE.
HOW TO USE LAY-BUY LAYAWAY:
PLEASE MAKE SURE YOU MEET THE MINIMUM ORDER OF $100 BEFORE SHIPPING AND TAXES BEFORE USING LAYBUY AS A PAYMENT OPTION.
1. AT CHECKOUT: Select Lay-Buy payment option at checkout.
2. 50% Will be due at time of order. The remainder of your total will be due in one month EXACTLY from your initial deposit. A 1.9% fee will be added by Lay-buy for their services.
3. You will then be directed to PayPal to complete your downpayment along with the 1.9% fee per transaction AND from there you will be able to setup recurring profile in PayPal’s secure environment.
4. Please make sure to mark it on your calendar so you do not forget. Please read our Layaway terms if you decide to choose Layaway. My choosing Layaway you agree to Ohana Fabrics terms and conditions along with Put it on Lay-buy below.
Terms and Conditions: PUT IT ON LAY-BUY
Laybuy Terms, agreements and contract
Lay-Buy Financial Solutions Pty Ltd trading as www.lay-buys.com has identified core principles we believe are integral and imperative for all Lay-Buy agreement deals transacted through our PUT IT ON LAY-BUY checkout payment option to be fair and reasonable per the Fair Trading Act 1999.
The following principles below therefore make up the Terms & Conditions for any Lay-Buy or Laybuy contract and related transactions entered into. This applies to all and any lay-buy contract template utilized by both the vendor or consumer:
- 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 lay-by policy.
- Storage and Identification of Lay-Buy Products Product’s on Lay-Buy will be set aside and stored separately to other products. Products will be clearly identified as ‘Lay-Buy contract’ products by a number or some other identification.
- Cancellation of Lay-Buy by Buyer The buyer may cancel their LayBuy agreement form at any time prior to delivery of products and on delivery of products if the products are damaged by so advising seller in writing or if seller agrees, orally. However Threaded Candy Custom Fabric's Terms of Sale agreement takes precedence over this and must apply first and foremost before this can be done. If a buyer cancels a Lay-Buy, seller will, if so requested by the seller, give the buyer a “cancellation statement” which sets out- a) The purchase price of the products; and b) Advise customer of the cancellation fee payable to seller under all Lay-By terms and conditions; and c) The total amount paid under the Lay-Buy; and d) Any amount owing to either the buyer or seller under the laybuy terms on the cancellation of the Lay-Buy. If seller does not accept the buyer’s oral cancellation it is obliged to give/send the buyer a duly completed Lay-By Form of Cancellation immediately.
- Cancellation of Lay-Buy by Seller The seller under a Lay-Buy must not cancel it unless – a) The buyer breaches a term of the Lay-Buy; or b) The seller stops trading; or c) The products are no longer available
- Cancellation on breach by Buyer If a buyer has breached a term of a Lay-Buy and seller intends to cancel the Lay-Buy, before doing so seller must – a) Give the buyer notice of seller’s intention to cancel the Lay-Buy; and b) Allow the buyer at least 14 days within which to rectify the breach; and c) The notice to be given has to be:I) in writing, sent to the buyer’s last known address, or, if the buyer so agrees, orally; and II) must specify the breach of the Lay-Buy for which the Lay-Buy is being cancelled; and III) must state the time within which the buyer must rectify the breach; IV) must state the matters listed per below:* the purchase price of the products; * all cancellation charges payable under the agreement; and * the total amount paid under the Lay-Buy; * any amount owing to either the buyer or seller under the terms of the Lay-Buy on the cancellation of the Lay-Buy.The Lay-Buy is cancelled at the end of the period specified in the notice unless the buyer rectifies the breach before then or Seller agrees not to cancel it.
- Cancellation where business closes If Seller under a Lay-Buy agreement proposes to stop trading before the agreement is completed, Seller must give notice of the proposal to the buyer and must either – (a) allow the buyer 7 days within which to complete the agreement; and (b) cancel the Lay-Buy
- Cancellation where products not available If the products are no longer available, Seller must cancel the Lay-Buy and refund all monies to the buyer.
- Effect of Cancellation Subject to the above, when a Lay-Buy is cancelled by either party, Seller must refund all money paid within 14 days less a AUD $25 cancellation fee. There are circumstances which prohibit Seller from keeping the cancellation charge. These include but are not limited to, situations where the products are damaged or not delivered or where Seller has breached a term of the Lay-Buy statement.
- Cancellation Charge Seller shall charge the buyer a AUD $25 cancellation fee under the terms of all Lay-Buy deals.
- Banking Charges back Fees The seller shall be entitled to pass-on to the buyer all charge back fees received by any given bank for any given customer charge back from any given Lay-Buy deal.
- Service Fee Seller shall not charge the customer any interest charges, membership fee or service fee on any Lay-Buy sales transaction. Lay-Buy Financial Solutions Pty Ltd trading as www.lay-buys.com charge an admin fee, which is a once-off 1.9% of the total order value at checkout. The buyer will pay this amount to Lay-Buys at checkout at time of paying the down payment. This fee is an admin fee and is therefore not refundable.
- Lay-Buy Reporting Seller shall have reporting in place for all Lay-Buy deals covering Down Payment made, Lay-Buy 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).
- Delivery The seller will only dispatch the buyer product/s after receiving the final installment payment for all Lay-Buy deals.
- MISCELLANEOUS 14.1 This Agreement shall be binding upon, inure to the benefit of, and be enforceable by the representatives, successors and assigns of the parties hereto. 14.2 This Agreement may be amended only by a written instrument duly executed by all parties hereto. 14.3 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. 14.4 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. 14.5 Article headings contained herein are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.
Should you run into any questions regarding Lay-Buy, Please go here: https://lay-buys.com/faq/ to read about Lay-buy