Lay-By Terms and Conditions
Last updated: 7 August 2026
These terms apply to lay-by purchases from Moonee Ponds Antiques. They should be read together with the written lay-by agreement provided for the individual purchase. Nothing in these terms excludes, restricts or modifies rights under the Australian Consumer Law that cannot lawfully be excluded, restricted or modified.
Written Agreement
Every lay-by arrangement must be recorded in writing in clear, legible and clearly presented language. The customer will receive a copy of the agreement when the lay-by is made.
The agreement will identify our business details, the customer, the item, total fixed price, deposit, outstanding balance, payment amounts and due dates, completion date, collection or delivery arrangements, and any termination charge and how it will be calculated. It will also record any other agreed conditions. Please check the agreement before accepting it and retain your copy.
Deposit
The minimum initial deposit is 20% of the purchase price. For example, the deposit on a $100 item is $20. The deposit forms part of the purchase price and is not automatically forfeited if the lay-by is cancelled.
Payment Period
Our standard lay-by period is a maximum of 16 weeks (four months). For purchases over $2,000, a different period may be agreed in writing before the lay-by begins.
Payments can be made in accordance with the written payment schedule. Available methods may include payment in-store, bank transfer or card payment over the phone. Please do not send card details by email, contact form or social media message.
Ownership, Collection and Storage
The item remains the property of Moonee Ponds Antiques until the full purchase price has been paid. The item cannot be collected or delivered before full payment unless a different arrangement is agreed in writing.
Storage during the agreed lay-by period is included unless the written agreement states otherwise. Collection, delivery and any storage required after the agreed completion or collection date must be arranged with us. Any extended-storage duration and reasonable storage fee must be separately agreed in writing. A storage fee will not be used as a penalty or as a substitute for a lay-by termination charge.
If additional time is needed, contact us before the agreed completion date.
Customer Cancellation
You may cancel the lay-by at any time before receiving the item by contacting us and clearly telling us that you wish to cancel.
We will refund all amounts you have paid, including the deposit, less any lawful termination charge clearly stated in the written lay-by agreement. We will make the refund promptly using the original payment method where reasonably practicable, generally within 10 business days after cancellation.
We will not charge a termination fee if we have breached the agreement, if cancellation is not your fault, if we cancel the agreement for a reason other than your unremedied breach, or where a fee cannot lawfully be charged.
Termination Charge
Any termination charge must be stated clearly and prominently in the written lay-by agreement, together with the amount or an understandable method for calculating it. It will not exceed our reasonable costs directly related to that particular lay-by.
Depending on the circumstances, reasonable costs may include documented administration or handling costs, reasonable storage costs specifically caused by the lay-by, or a demonstrable reduction in the item's resale value caused by removing it from sale for the agreed period. The charge will not include a penalty, ordinary business overheads, an arbitrary percentage or anticipated profit. If requested, we will explain how the charge was calculated.
Missed or Late Payments
If a scheduled payment is missed, please contact us promptly. We will contact you using the details in the agreement and give you a reasonable opportunity, normally at least seven days, to make the payment or agree to a revised written payment schedule.
If the breach is not remedied within the period stated in our written notice, we may terminate the lay-by. We will then refund all amounts paid, including the deposit, less any lawful termination charge clearly stated in the agreement.
Cancellation by Moonee Ponds Antiques
We may terminate a lay-by only where permitted by law, including where:
- the customer breaches the agreement and does not remedy the breach within the reasonable period stated in our written notice;
- Moonee Ponds Antiques is no longer trading; or
- the item becomes unavailable because of circumstances outside our reasonable control.
We will notify the customer promptly in writing. If we cancel for a reason that is not the customer's fault, we will refund all amounts paid, including the deposit, and will not charge a termination fee.
We will not cancel a lay-by merely because we receive a better offer for the item or later decide that the agreed price was too low.
Price Changes
The customer must pay the price recorded in the written lay-by agreement, even if the item's advertised price later changes. The agreed price may be changed only by mutual written agreement, for example if the customer requests an additional delivery or other service.
Consumer Guarantees and Warranties
Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law.
If we provide a separate express written warranty, its stated period begins when the item is delivered to or collected by the customer. This does not limit the consumer guarantees under the Australian Consumer Law, which apply for the period reasonably expected in the circumstances. For antique, vintage and second-hand items, relevant circumstances may include the item's age, nature, price, disclosed condition, photographs and information provided before purchase.
Consumer Rights and Contact
Further information about lay-bys is available from Consumer Affairs Victoria.
For questions about an existing or proposed lay-by, call (03) 9338 9627 or contact Moonee Ponds Antiques.