Terms and conditions

The stand outs:

  • 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.
  • 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 Appliance Rentals.
  • 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.
  • 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.

Late payments and fees:

  • 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 renting appliances with us and may cancel at any time.  If you do carry on renting 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.
  • If you fall 21 days behind in your payments, a 20% late fee may be applied per outstanding invoice.
  • An order that is more than 60 days overdue may have an additional 10% late fee applied.
  • If you have three overdue orders your subscription may be cancelled anytime by Whybuy.  We will attempt to contact you to organise collection.  If we cannot contact you, or you refuse to return the appliances you will be billed the deemed replacement value of the appliances with payment due immediately.  Shortly thereafter we will issue a default notice for the outstanding amount, and commence the process for listing the default with a credit bureau.
  • If we bill you for our appliances, we retain all ownership over the appliances until the total amount for the appliances has been paid by you.  As such we may continue charging rent until the appliances are paid for in total.
  • The deemed replacement value of a:
    • fridge less than 300L is $300
    • fridge greater than 300L is $500
    • fridge that has stainless steel finished doors +$200
    • TV less than 49″ is $400
    • TV 49″ – 59″ is $500
    • TV 59″ – 69″ is $600
    • frontloader washing machine less than 7.6kg capacity is $500
    • frontloader washing machine greater than 7.6kg capacity is $700
    • toploader washing machine less than 7.4kg capacity is $300
    • toploader washing machine greater than 7.4kg capacity is $500
    • vented dryer is $200
    • condenser dryer is $600
    • heat pump dryer is $1000
    • microwave is $250
  • An account that is more than 60 days overdue and $150 or more in arrears may be reported to a credit reporting agency including Illion Australia, telephone: 1300 734 806, email: [email protected] as being in default.  This will negatively affect your credit rating.
  • 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.
  • An invoice 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.
  • We reserve the right to charge interest on all outstanding amounts at 15% per annum, calculated daily.
  • We reserve the right to repossess our appliances immediately at any time with written or verbal notice to you, via your provided contact details.  If you fail to comply, including failing to respond to our demand for repossession, we reserve the right to invoice you for their replacement value, as well as any additional recovery, collection, and legal costs incurred in collecting the overdue amount.  We may also carry on renting the appliance to you until such time you cancel your rental by allowing us to collect our appliances.  If you ride off into the sunset with our appliances, or refuse to allow us to collect them, we will pursue civil action.
  • 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).  If you ride off into the sunset with our appliances, screen our calls, change your number, move house without notice, or refuse to allow us to collect them, – we will pursue criminal action.
  • 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.

Accidental Damage, Loss, and Theft Waiver

  • Whybuys Accidental Damage Loss and Theft Waiver provides protection against accidental damage to Whybuys appliance 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.
  • It also covers loss of the appliance as a result of actions outside of the control of the customer, for example, fire, or earthquake. 
    • Whybuy waives its claim against customers for all accidental damage to equipment, including damage by third parties.
    • Whybuy waives it’s 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.
  • Uncovered events – Whybuy will not waive its rights against the customer when:
    • An appliance has been moved without Whybuys 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. Eg punching a fridge door.
    • The customer refuses to provide relevant details so that we may recover the loss from any possible responsible third party.

Spoilt food protection

  • Whybuy will provide $150 to a customer who we have provided with a fridge which develops a fault which causes the spoilage of the contents within.  It is included with all subscriptions at no extra cost.
  • 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, aas well as the extent to which we will assume liability.
  • 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. 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.
    • Where the customer is not a subscriber to a silver or gold membership.
    • Where the spoilage was not caused by a fault with our fridge as determined by Whybuy staff.

Washing machine flood protection

  • 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.
  • 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 the room of installation is not appropriately waterproofed to current building codes.
  • 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, or 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.
    • Where the damage was not caused by a fault with our washing machine, as determined by Whybuy staff.
  • Any compensation provided by Whybuy may be used towards paying the excess of a relevant excess amount for a relevant insurance policy.

The standard print:

  • 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.
  • Fair use.   Our appliances are only for domestic use, unless by prior agreement.
  • 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.   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.
  • 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.