TERMS AND CONDITIONS

 

These terms and conditions constitute an agreement between Ashlee Wareham trading as Shine by Ashlee (SBA or we) (ABN 85 132 263 594) of 1006 Main Rd, Eltham and the customer (customer or you) in relation to the goods and services to be provided to the customer by SBA.

  1. PRICES FOR GOODS AND SERVICES

These terms and conditions are read together with any prices for goods and services, which may be indicated in our salon or on our website. Prices are subject to changes from time to time.

  1. TIMING OF APPOINTMENTS
  • To avoid running late appointments, we request that you arrive at least 15 minutes prior to your appointment. If you are late for your appointment we will attempt to complete your treatment in the remaining time. However, out of respect to customers following your appointment, we may not be able to guarantee your full treatment time. Full payment for the treatment will still be required.
  • If you are unable to keep your appointment, please give at least 24 hours notice. If you do not arrive for your appointment and have not given the required notice period of 24 hours, one of the following may be implemented:
    • you will be required to pay the full charge for the treatment, or
    • you will forfeit any deposit you have paid for the treatment, and/or
    • you will be requested to pay a full deposit when booking an appointment in future.
  • If for any reason we need to cancel your appointment, we will endeavour to give you as much notice as possible and offer you an alternative treatment time.
  1. PAYMENT PROCESS AND TERMS
  • Payment options are:
    • payment in full by credit card, cash or direct deposit when securing the booking for any treatment. If you wish to pay via direct deposit, you will be advised of our bank account details upon completion of your booking order, or
    • payment of half of the cost of the treatment as a deposit, when securing the booking and the balance in cash or by credit card on day of the treatment, or
    • payment by credit card or cash on day of treatment, by previous agreement with us, and
    • payment in full on delivery of any products, or payment in advance if products are sent by mail.
  • You agree that we may charge any credit card handling fees in addition to our treatment cost.
  • Gift vouchers are valid for a period of 12 months from the issue date and gift voucher treatments are limited to 1 per customer per day.
  • Unless otherwise indicated, all prices are inclusive of goods and services tax (GST).
  • When making an appointment with a duration of more than one hour, we may request you to pay a deposit equal to one half of the value of the treatment.
  • If we have to institute legal proceedings and/or engage the services of a debt collection agency in order to recover any money owing or to enforce our rights in terms of these terms and conditions, then you will be liable for the costs of any debt collection agency and/or legal costs on a solicitor and own client basis.
  1. MEDICAL ISSUES
  • You will be required to complete and sign consultation forms in relation to treatments such as microblading and tattooing and are required to inform us if you are pregnant, have skin conditions or allergies, if you are taking medication or receiving medical care from a doctor or health practitioner or any other special medical considerations, as some of our treatments may not be suitable in those circumstances. In addition, if you experience any unexpected pain or discomfort during any session, we require you to immediately inform us so that additional analysis, examination or other adjustments can be made to ensure your safety and comfort.
  • Whilst we will take all due care in performing our services, we are not liable for any side effects, contraindications, allergic reactions or other medical problems, which are as a result of you failing to advise us of any of the medical issues referred to in clause 4.(a) above, or as a result of your own negligence.
  • You acknowledge that unforeseen contraindications or allergic reactions may occur after the provision of any services and that SBA will not be liable for any such contraindication or allergic reactions.
  1. LIABILITY
  • To the fullest extent permitted by law, all terms, conditions, warranties and representations with respect to our services are hereby excluded and in no event shall SBA be liable for any claims or damages including (but not limited to):
  • any claims relating to the combination of the products or services with any other products or services, including any alterations, additions or attachments to the products or services,
  • special or consequential damages of any sort,
  • any claims arising out of work done by another beautician or health professional,
  • any claims arising as a result of the products being subjected to misuse, alteration, neglect, unauthorised repair or installation, installation of other incompatible or counterfeit products, or
  • claims resulting from external causes or natural disaster (force majeure) beyond the control of SBA.
  • Except as otherwise required by law, the liability of SBA in respect of the products or services shall be limited, at the election of SBA, to:
  • the re-supply of the products or services or equivalent products or services; or
  • the payment of the cost of the re-supply of the services, where payment in full has been made by the Customer.
  • Nothing in these terms and conditions shall be read to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Competition & Consumer Act 2010 (incorporating the Australian Consumer Law)) and which by law cannot be excluded, restricted or modified.
  1. INDEMNITY

You will be responsible for and will indemnify and keep indemnified SBA against liability for all loss, damage or injury to persons or property caused directly or indirectly by you, which may be suffered or incurred by SBA in respect of any loss arising out of your failure to comply with any term of this agreement or any negligence on your part.

  1. CHILDREN AND GUESTS

We are unable to have children or guests in treatment rooms at any times, for health and safety reasons.

  1. PRIVACY POLICY

All private information which we may collect about you will be handled in terms of our Privacy Policy, which is available on request or on our website.

  1. DISPUTE

If any dispute arises out of this agreement, the parties will attempt to resolve the dispute informally. If the parties have not resolved their dispute within 10 business days of one party notifying the other party in writing of the nature of the dispute, then the parties agree to:

  • engage a mediator selected by agreement or, failing agreement within 5 business days after one party nominates a mediator in writing, selected by the President of the Law Institute of Victoria; and
  • conduct a mediation in respect of the dispute within 20 business days after the mediator is appointed.

The parties agree to each pay half of the mediator’s fees. A party must not commence court proceedings, except proceedings seeking interlocutory relief, in respect of a dispute under this agreement or the rights and obligations of the parties under this agreement unless it has complied with this clause.

  1. JURISDICTION

These terms and conditions and the supply of the products and services will be subject to the laws of the State of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of the State of Victoria in respect of any dispute arising under this agreement.