In the Agreement, unless the context indicates differently: –
“Agreement” means these terms and conditions, including the Schedule and all written notices that the Seller has given to the Purchaser;
Purchaser”/”you”/”your” means the person who has agreed to enter into the Agreement and whose details are recorded in the Schedule;
“Schedule(s)” means the Retail Lay-by Schedule attached to these terms and conditions which records the purchase price of the goods, the number of amounts to be deposited, the quantity of the amounts to be deposited, the intervals on which the amounts need to be deposited and any other Schedules which may be attached hereto by agreement between the parties;
“Seller” means the Merchant
The headings of the various clauses in the Agreement have been inserted purely for the purpose of convenience and they will not be used to interpret the Agreement.
Any reference to a gender includes the other genders; and
The singular includes the plural and vice versa (the other way around).
You have agreed: –
To buy the goods set out in the Schedule on lay-by; and
To pay for the goods by making regular deposits until payment of the full purchase price, as set out in the Schedule.
You understand and agree that you will not become the owner of the goods until you have paid the full purchase price for the goods. The goods will remain at our risk until you have accepted delivery of them.
You agree that:-
The Agreement represents the entire Agreement between the you and the Seller and that no alterations or additions to the Agreement may be effected unless agreed to by both parties, reduced to writing and signed by you and a duly authorised representative of the Seller; and
The time set for payment herein shall be the essence of the Agreement.
The purchaser identifies the product he/she wants (in-store or online)
The purchaser gets the products identifier code from a Flexpay agent (or online)
The purchaser receives the details of the item (The name of the product, the price of the product, the minimum deposit amount and the deadline of the lay-by of the product)
The purchaser makes a payment of the minimum deposit to FlexPay’s till number or through card (700164)
Flexpay sends the purchaser confirmation of the successful reservation through SMS/email.
The purchaser continues to make piecemeal payments until completion
Upon completion of the last payment, the purchaser receives a receipt code ( through SMS/email)
The purchaser uses this receipt code to collect the item from the merchant.
You can lay-by purchases of Kes 3,000 or more at through Flexpay and spread the payment over a period of up to 90 days. To establish a lay-by, you must pay a deposit of at least 5%. Lay-bys are available for up to 90 days. The purchaser has the responsibility of making flexible payments of any amount within the period provided by the merchant. Where can I make payments? Payments may be made through mobile money by depositing to M-pesa till No. 700164 What products cannot be purchased on lay-by? All Items above Kshs 3,000 are legible to be purchased through the Flexpay Lay-by platform. Collecting your purchases. You can collect your purchases as soon as you have paid in full for the lay-by. Purchases must be collected within 48 hours upon the completion date indicated on your receipt code SMS. ID and the receipt code SMS are required when collecting your purchases. Cancellation by you. Lay-bys may be cancelled by you at any time during the term, in which case you will be entitled to a refund of the amount you have paid, in form of a voucher, which you will redeem at the merchant’s store. You will need to contact Flexpay or visit the store in order to cancel an ongoing Lay-by. Cancellation for non-payment or non-collection. It is the purchaser’s responsibility to make flexible lay-by repayments and collect your purchases by the due date. Failure to make payments when they are due or collect lay-bys by the due date will be treated as an overdue of the lay-by. Flexpay is not required to contact the purchaser before cancelling a lay-by for non-payment or non-collection. If the lay-by is cancelled, the amount paid will be automatically converted into a shopping voucher which can be redeemed at the merchant’s store.
The Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the Laws of Kenya.
The Agreement shall not be binding on either party until it shall have been accepted and signed on its behalf by a person authorised thereto.
The Agreement comprises the entire agreement between the Seller and the Purchaser in respect of the goods specified in the Schedule and no alteration, variation or amendment to or any consensual termination of the Agreement shall be of any force or effect unless recorded in writing and signed by all of the parties.
No waiver, indulgence or relaxation granted by a party to another in relation to the performance of the Agreement or a breach of any obligation hereunder will be binding unless reduced to writing and will then only be binding in relation to the specific instance for which it is granted and will not prevent the subsequent enforcement of any right or obligation breached or waived/relaxed as the case may be.
No failure or delay by a party to enforce or exercise a right in terms hereof will thereby be deemed to be a waiver or abandonment thereof.
A person who is not a party to the Agreement has no rights under the Agreement to enforce or enjoy the benefit of any term.
If any provision of the Agreement shall be held to be invalid, illegal or unenforceable then, to the extent permitted by law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
The Seller shall be entitled at any time to assign its right, title and interest in, to and under the Agreement to any other party. The Purchaser shall not assign, or otherwise deal with any of its right, title and interest under the Agreement nor agree to do any such thing without the prior written consent of the Seller, which the Seller may withhold at its absolute discretion.