Laybye refund

I laybyed Nike takkies 6months ago at cross trainer Eyethu mall in orange farm due to financial constraints i couldnt take out the laybye. As a result their very rude sales assistant called me telling me i must come pay up the laybye if not so crosstrainer will not refund me. So basically when you laybye and your unable to pay off the laybye cross trainer doesnt pay you back your money. Funny thing is that their term and conditions states that they must charge you 10% as penalty. I am not a debtor im a customer and i demand respect when being called and i demand my refund.