Terms and conditions

A: The Stand Outs:

  1. By subscribing and/or making payment for an appliance subscription, you the (“customer”) agree to be bound by these terms and conditions, which constitute a written agreement between you and Whybuy Subscription Appliances (“Whybuy”) under the laws of Victoria, Australia.
  2. We may perform a credit check and refuse service on the basis of that check. If we refuse service we will issue a full refund for any money paid, for any service undelivered.  We may also perform a credit check at any time while you are a customer.  Generally we will only undertake a credit check if you have fallen behind in your Whybuy payments, and when you first sign up.
  3. Your bill falls due every 4 weeks and will be debited from your credit or debit card automatically. If payment fails you grant us permission to enter your premises and repossess any appliances therein which are the property of Whybuy Subscription Appliances.
  4. One subscription entitles you to appliances for one household or commercial premises.  We reserve the right to refuse service where we believe the appliances are being shared with another household, or where an excessive number of appliances have been subscribed to.  For commercial customers please contact us before subscribing to discuss your requirements.  We can usually come to an agreement.
  5. One subscription entitles you to one appliance from each product category.  Generally we can make an exception for two fridges or two televisions, but three fridges, two washing machines or two dryers as an example, starts to become commercial, and raises suspicions that appliances are being moved to another address.
  6. You are not authorised to remove the appliances from the address they were installed at by Whybuy.  If you wish to move the appliances you must first ask us for consent.  Whybuy will not unreasonably withhold consent.   Reasonable grounds for withholding consent includes but is not limited to moving outside our service area.
  7. We need one weeks notice to collect appliances when you decide you no longer want them.  If you leave it to the last minute and need them moved urgently, a $100 fee will apply.

B: Minimum Charge

  1. For customers on the Flex plan, Whybuy has a minimum spend of $150 for the first appliance, and then $50 for each appliance thereafter. If you’re planning on subscribing for more than 3 months – this won’t affect you. The minimum spend does not include any optional delivery charges, and has a $50 stairs surcharge for any appliances delivered upstairs where there is no elevator access. This is to cover our fixed costs, like cleaning, delivery and collection. As well, the most likely time for our appliances to be damaged, is by us, in transit. For example, lets say you have subscribed to a silver membership at $40, a washer at $12, and a dryer at $8 every 4 weeks to a ground floor address. Every 4 weeks your total would be $60. Your minimum spend would be $200. So if you cancel at 4 weeks you will be billed an additional $140. At 8 weeks $80. At 12 weeks $20. At 16 weeks there would be no additional payment to make.

C: Overdue Orders, Late Payment Fees and Legal Costs:

Payment Terms

  1. Your payments are due every four weeks in advance in order to keep your account in good standing. You are under no obligation to continue subscribing to appliances with us and may cancel at any time. If you do carry on your subscription with us, you must pay your invoices when they are raised. Our automated system will continue to attempt payment from your nominated credit or debit card for a period of two weeks following the invoice due date.

Late Fees

  1. If you fall 21 days behind in your payments, a 20% late fee may be applied per outstanding invoice. This fee is notionally to cover the additional administrative burden of human intervention in managing the overdue order.
  2. An order that is more than 60 days overdue may have an additional 10% late fee applied. This fee is notionally to cover the additional administrative burden of issuing a default notice.

Account Management for Overdue Orders and Appliance Recovery

  1. If you have two overdue orders, Whybuy may give written notice by email to the email address you have provided, requiring you to make any appliances that are the property of Whybuy available for collection. You must contact Whybuy within 7 days to arrange collection, and the appliances must be returned within 21 days of the date the notice is sent. Failure to comply may result in the appliances being treated as payable at their deemed replacement value, for the primary purposes of establishing a default and enabling Whybuy to recover losses through legal proceedings, without limiting the possibility of other purposes, with payment due immediately and without requirement for Whybuy to issue an invoice or provide further notice.
  2. Failure to respond to our demand for repossession will amount to an intention to permanently deprive Whybuy of its property and may be a criminal offence and result in a conviction for theft (Crimes Act 1958 (Vic) s 74). We will pursue criminal action.
  3. An order that is 14 days or more overdue will constitute a breach of these terms and conditions and we reserve the discretionary right to treat these terms and conditions as repudiated by you and act accordingly.
  4. If appliances are treated as payable at their deemed replacement value under this agreement, Whybuy retains full ownership of those appliances until the total deemed replacement value has been paid in full. Until that time, Whybuy may continue charging recurring subscription fees in addition to the deemed replacement value. All payments received from you will be applied first to any outstanding subscription fees, and only once those fees have been paid in full will any remaining amounts be applied to the deemed replacement value of the appliances.
  5. Subscription payments will continue until our appliances are returned or an alternative agreement is reached.
  6. If a customer has any order that is more than 60 days overdue, Whybuy may, at its sole discretion, change the customer’s account to an annual payment schedule without prior notice. Under this arrangement, the customer will be required to pay for 12 months of subscription in advance, and all future orders will be billed under this 12 month schedule. 
  7. The deemed replacement value of a:
    • Fridge less than 300L: $300
    • Fridge greater than 300L: $500
    • Fridge with stainless steel finished doors: +$200
    • TV less than 49″: $400
    • TV 49″ – 59″: $500
    • TV 59″ – 69″: $600
    • Frontloader washing machine less than 7.6kg: $500
    • Frontloader washing machine greater than 7.6kg: $700
    • Toploader washing machine less than 7.4kg: $300
    • Toploader washing machine greater than 7.4kg: $500
    • Vented dryer: $200
    • Condenser dryer: $600
    • Heat pump dryer: $1000
    • Microwave: $250

Recovery of Administrative Costs in Connection with Legal Action

  1. We reserve the right to recover all administrative costs incurred in respect of taking legal action to recover overdue amounts. For purposes of fairness and transparency, a fixed administration and collection fee of $600 is payable in connection with the first order that becomes more than 90 days overdue. This fee specifically covers reasonable administrative steps required to prepare and file a complaint in the Magistrates’ Court to recover the overdue amount. This fixed fee does not cover official court filing fees, registry fees, service fees charged by licensed process servers, or any other costs recoverable under law without a contract term. Those costs remain recoverable in addition to this fixed fee.

General Legal Rights

  1. Whybuy may, at its discretion, notify you of any assignment by email sent to the address you provided at the time of signing up. Whybuy is not required to provide notice by any other means, including postal mail or personal service.
  2. We reserve the right to recover all collection and legal costs and expenses incurred in collecting overdue accounts and/or enforcing security interests on an indemnity basis.
  3. These terms and conditions are governed by the laws of the State of Victoria, Australia. For the avoidance of doubt, and notwithstanding any rule of law regarding the place of formation of this contract, you agree that any dispute arising under or in connection with this agreement may be brought before a court of competent jurisdiction in Victoria. We may, at our discretion, elect the specific location or venue for such proceedings, and that location may be any court in Victoria that is convenient for us at the time the proceedings are commenced.
  4. Orders more than 90 days overdue may be the subject of legal action. We will seek the recovery of all costs reasonably incurred, including late fees, replacement values, administrative/collection fees, and court awarded costs, from you. We reserve the right to charge interest on all outstanding amounts at 15% per annum, calculated daily.

Default Reporting

  1. An account that is more than 60 days overdue and $150 or more in arrears may be reported to a credit reporting agency Illion Australia, telephone: 1300 734 806, email: [email protected], website: www.checkyourcredit.com.au and Equifax Australia Information Services and Solutions Pty Limited telephone: 13 83 32, website www.equifax.com.au, as being in default. This will negatively affect your credit rating.
  2. Orders more than 60 days overdue may be the subject of legal action. We will seek the recovery of costs for any legal action from you.
  1. This accident waiver and release of liability waiver is in respect of a customer (‘you’) who have opted in to assisting a Whybuy employee or agent (‘staff’) in getting appliance(s) upstairs by way of stairs (‘the Activity’). Usually this means assisting with the appliance on a trolley, and staff pulling from the top, and you giving little pushes from the bottom as instructed by staff. Sometimes by mutual agreement between you and staff, it may be required that the appliance need be carried up the stairs, sometimes over balustrades. If at any time you feel you are no longer able to assist in the Activity, immediately notify staff. There will be no financial penalty of any kind or redelivery fee should you choose to withdraw from the Activity at any time, for any reason.
  2. If you opt in to assisting staff in the Activity you hereby:
    • Assume all of the risks of participating in the Activity, including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of Whybuy and its staff, from dangerous or defective equipment or property owned, maintained, or controlled by Whybuy, or because of their possible liability without fault.
    • Certify that you are physically fit and that there are no health-related reasons or problems which preclude your participation in the Activity, including by way of example and not limitation, back problems, and fragile skin.
    • Acknowledge that the Activity may carry with it the potential for death and serious injury. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, condition of you or staff, equipment, vehicular traffic, and actions of other people.
  3. In consideration of permitting me to participate in the Activity, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows:
    • You waive, release and discharge Whybuy and its staff from any and all liability, including but not limited to, liability arising from the negligence or fault of Whybuy and its staff, for your death, disability or personal injury.
    • You indemnify, hold harmless, and will not sue Whybuy or its staff and waive them from any and all liabilities or claims made as a result of participation in the Activity whether caused by the negligence of release or otherwise.
  4. This Accident waiver and release of liabity waiver for customers opting in to assist in getting appliances upstairs shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.

E: Accidental Damage, Loss, and Theft Waiver

  1. Whybuy’s Accidental Damage, Loss and Theft Waiver provides protection against accidental damage to Whybuy’s appliances whilst in the care of our customers. It is not insurance, but is an agreement between Whybuy and our customer to limit their liability in most circumstances for loss, theft or damage to our appliances. It is included with all subscriptions at no extra cost.
  2. It also covers loss of the appliance as a result of actions outside of the control of the customer, for example, fire.
    • Whybuy waives its claim against customers for all accidental damage to equipment, including damage by third parties.
    • Whybuy waives its claim against customers where the appliance is lost or damaged as a result of actions outside the control of the customer, including but not limited to theft, fire, power surge and earthquake.
  3. Uncovered events – Whybuy will not waive its rights against the customer when:
    • An appliance has been moved without Whybuy’s permission. As an example, this would include moving a refrigerator from one area of a kitchen to another area, or moving a refrigerator from a kitchen into the garage, or moving a refrigerator from one property to another.
    • The customer has not provided a police report in respect of any theft.
    • The customer has not provided a statutory declaration in respect of any loss.
    • The customer has deliberately damaged the appliance (e.g., punching a fridge door).
    • The customer refuses to provide relevant details so that we may recover the loss from any possible responsible third party.
  1. Whybuy will provide $150 to a customer who we have provided with a fridge which develops a fault causing the spoilage of the contents within. It is included with all subscriptions at no extra cost.
  2. This is not insurance, but an agreement between Whybuy and our customer to provide express agreement to the circumstances in which we will provide compensation for a failure of a refrigerator we own resulting in spoilt food, as well as the extent to which we will assume liability.
  3. This protection will not apply:
    • When the customer has not notified us within 24 hours of the first time they became aware of the fault or spoilage.
    • Within the first 90 days of the fridge having been delivered and installed.
    • Where the fridge has been moved without permission. For example, moving a refrigerator from one area of a kitchen to another, moving it into a garage, or moving it to a different property.
    • If the customer is not a subscriber to a Silver or Gold membership or a Flex, Loyalty or Value plan.
    • Where the spoilage was not caused by a fault with our fridge, as determined by Whybuy staff.
  1. Whybuy will provide up to $500 to a customer where we have provided a washing machine which develops a fault causing liquid to leak, overflow or burst from the appliance, resulting in property damage. It is included with all subscriptions at no extra cost.
  2. This protection is not insurance, but an agreement between Whybuy and our customer to provide express agreement to the circumstances in which we will provide compensation for a failure of a washing machine we own, as well as the extent to which we will assume liability. We strongly recommend that all customers ensure that they are covered under an appropriate insurance policy for escape of liquid from a washing machine. It is a standard inclusion in most home insurance policies. A washing machine can cause substantial property damage. Insurance is particularly recommended if there is no floor drain near the washing machine, if the washing machine is not installed on a tile floor, or if the room of installation is not appropriately waterproofed to current building codes.
  3. This protection will not apply:
    • When the customer has not notified us within 24 hours of the first time they became aware of the fault or damage.
    • In the first 30 days following delivery and installation.
    • Where the washing machine is installed on any surface other than tiles or vinyl sheet flooring.
    • Where there is not a floor drain within 2 metres of the washing machine.
    • When there is an escape of liquid occurring as a result of a gradual process of leaking, splashing, dripping or overflowing.
    • To any leakage from the water supply hoses, or drain hose of the appliance.
    • Where the washing machine has been moved without permission. This includes, but is not limited to, moving a washing machine from one area of a laundry to another area, moving it from a laundry to a garage, or moving it from one property to another.
    • Where the customer is not a subscriber to a Silver or Gold membership or a Flex, Loyalty or Value plan.
    • Where the damage was not caused by a fault with our washing machine, as determined by Whybuy staff.
  4. Any compensation provided by Whybuy may be used towards paying the excess of a relevant insurance policy.

H: The Standard Print

  1. We do not take any responsibility for any damage as a result of breakdowns, including spoilt food and flooding, beyond protection as outlined in these terms and conditions. We make every endeavour to ensure our appliances are in good working order. Like anything they can break down without warning. You should only use a washing machine and dryer with someone present in the vicinity. If you dispute that any goods or service supplied by us are faulty, defective or dispute the invoices we have issued, you must notify us in writing within 14 days of the invoice date, failing which you lose any right to dispute the quality of the goods, services or value.
  2. Fair use. Our appliances are only for domestic use, unless by prior agreement.
  3. We may use your personal information for the purposes of obtaining credit reports containing consumer credit information and/or commercial credit information about you from credit reporting agencies including Illion Australia, telephone: 1300 734 806, email: [email protected], website: www.checkyourcredit.com.au and Equifax Australia Information Services and Solutions Pty Limited telephone: 13 83 32, website www.equifax.com.au.
    We may use such personal information and any information disclosed by credit reporting agencies, in accordance with the Privacy Act 1988 (Cth), in assessing or enforcing our rights as set out in these terms and conditions, including with respect to delinquent accounts and in accordance with our privacy policy. Personal information may be disclosed to or between the our related companies, contractors, other credit providers, finance providers, service providers and our risk insurers and debt collectors. We hereby gives notice in accordance with Section 18E(8)(c) of the Privacy Act 1988 (Cth) that any personal information which is permitted to be kept on a credit information file might be disclosed to credit reporting agencies now or in the future. Any person may gain access to their personal information by request.
  4. You must provide us with up to date contact and payment details at all times. If you change your name, phone number, residential address, mailing address, or payment details, you must notify us within 7 days of the change.