Terms + Conditions
Set out below are our:
- Salon Terms and Conditions in Section 1;
- Terms and Conditions for training in Section 2; and
- Terms of Sale applying to Stockists in Section 3.
Section 1: Salon Terms and Conditions:
Yovanka Loria Salon Pty Ltd (ABN 62 641 327 264) provides hair dressing, colouring and hair extension services at our Salon. This section 1 sets out the terms and conditions which are applicable to clients of our Salon.
If you wish to contact us regarding our Salon services, please feel free to do so on: firstname.lastname@example.org or 0422 162 415.
You may make an appointment with us to for services that we offer at our Salon.
We will provide the services to you with skill, care and diligence.
Hair Extension Services
Our hair extension services are provided in two parts:
- first we provide a consultation service with one of our stylists; and
- second, we provide a supply and installation service.
Not everybody has a hair type which is suitable for hair extensions. As such, we will only offer to provide you with a supply and installation service if, during the consultation process, we determine that your hair is suitable for hair extensions.
Our fee for the consultation service is $50. In order to book a consultation service, you will be requested to pay this fee in advance at the time of booking. The fee is then non-refundable.
During the consultation service, our stylist will evaluate your hair type and discuss with you what options may be available for hair extensions.
After the consultation service, if we have determined that your hair is suitable for hair extensions, and you would also like to book an appointment for a supply and installation service, we agree to reduce the fee for the supply and install service by the $50 you paid for the consultation service.
When you make an appointment, we make arrangements to ensure we are able to provide the service to you at the time of your appointment. We also reserve the specific day and time of the appointment for you.
If you would like to make any changes to your appointment service or time, you agree to let us know at least 48 hours prior to your appointment.
If you wish to cancel your appointment, then you agree to provide us with at least 24 hours’ prior notice. If you cancel with less than 24 hours’ notice, then we will have incurred costs to be ready to provide you the service. As such, you agree to pay 50% of the amount we otherwise would have charged for the service.
If haven’t cancelled your appointment but you don’t attend your appointment, then we will have incurred even higher costs and you agree to pay the full amount that we otherwise would have charged for the service.
We will not agree to reschedule your appointment until you have made any payment due to us as a result of your cancellation or non-attendance of an appointment.
If you are more than 15 minutes late to an appointment, then we may decline to provide, or reduce, your service so that we don’t affect appointments made by other clients.
If there is an issue with a service you have received, you agree to let us know within 48 hours of your appointment.
We do not provide refunds however a follow-up appointment may then be offered for the service you originally booked. If there are any additional charges, we will let you know.
Section 2: Terms and Conditions for Training:
Yovanka Loria Extensions Pty Ltd (ABN 64 641 327273) provides training on the application process for hair extensions. This section 2 sets out the terms and conditions applying to that training.
We provide the training in the form of a two-day course. If you make an enquiry, we will advise you of the dates of upcoming courses.
In order to attend the course, it is necessary for the student to:
- hold a minimum qualification of hairdressing certificate III; and
- bring their own mannequin and tripod stand (unless we have separately agreed to provide one for you as part of the course).
Course Fees and Cancellations
You may make a reservation with us for a student to attend an upcoming course. In order to secure that reservation, you must pay us the course fee at least 14 days prior to the commencement of the course. If you fail to make payment by this date, then we may cancel the reservation and refuse to provide the training.
If you cancel your reservation less than 14 days prior to the commencement of the course then the course fee is forfeited. We may, in our sole and absolute discretion, decide to allow you an equivalent credit for a future course depending on the reasons as to why you decided to cancel.
If, due to unforeseen circumstances, we are unable to provide the training, we may cancel the course. We will not be liable to you in these circumstances however we agree that we will refund you the course fees and prioritise the student for a position in the next available course.
To protect both your investment in the training and also our training content, each student will be required to sign a short Confidentiality Deed Poll at the commencement of the course. If a student refuses to sign the Confidentiality Deed Poll, then we may refuse to provide the training.
Provision of Course
We will provide the training with skill, care and diligence. You agree to ensure that the student undertaking the course behaves courteously towards our staff and other students.
We are not a licenced or registered training organisation and the student will not receive any formal qualifications upon completion of the course however completion of the course is a requirement prior tp becoming a certified stockist.
Section 3: Terms of Sale for Stockists:
This section applies to the sale of our products to stockists or persons wishing to resell our products.
In these Terms of Sale:
Consequential Loss means any loss of revenue, loss or profit (whether direct or indirect), loss of reputation, loss of business, loss of opportunity or loss of goodwill, or any indirect, consequential or punitive loss or damage, irrespective of whether such loss or damage was within the contemplation of the parties at the time the Contract was formed or arises naturally from the event giving rise to the loss or damage;
Contract means the contract between Yovanka Loria and the Customer for the supply on the terms referred to in clause 2.3;
Yovanka Loria means Yovanka Loria Extensions Pty Ltd (ABN 64 641 327 273);
Customer means the person or entity who has Ordered goods or services from Yovanka Loria;
delivered shall, in relation to the goods or any part of them, mean delivery to the Customer in accordance with the terms for delivery set out in the Quotation or Invoice and, where no delivery terms are set out in a Quotation or Invoice, shall mean when the Customer receives the goods or when Yovanka Loria advises the Customer that the goods are available for collection by the Customer from a location advised by Yovanka Loria;
delivery date means the delivery date for the goods specified in a Quotation or Invoice;
Force Majeure means anything beyond the control of Yovanka Loria which prevents Yovanka Loria from meeting its obligations under the Contract;
goods means any goods, accessories, stock, inventory or products forming part of the supply;
GST has the meaning given to that term in the GST Act;
GST Act means A New Tax System (Goods and Services Tax) Act 1999 (Cth);
Invoice means a tax invoice provided by Yovanka Loria to the Customer relating to the supply;
Order means any purchase order, request or order for the supply issued, made or provided to Yovanka Loria by the Customer;
price means the price for the supply (plus GST and any other taxes) as advised by Yovanka Loria or otherwise specified in the Quotation or an Invoice;
Quotation means a quote for the supply provided by Yovanka Loria to the Customer which has subsequently formed the basis of an Order by the Customer;
services means any services to be performed by Yovanka Loria as part of the supply;
services delivery date means the delivery date for the performance of the services specified in a Quotation or Invoice;
supply means the supply of goods and/or the performance of any services by Yovanka Loria as set out in the Quotation or an Invoice;
tax invoice has the meaning given to that term in the GST Act;
Training means any training forming part of the services, including training regarding the fitting, maintenance and care of hair extensions;
warranty period means the period commencing on delivery of the goods to the Customer and expiring on the earlier of:
- 3 months after delivery; and
- 2 weeks after the goods have been used by the Customer.
2. Contract formation
- The parties agree that any Quotation is an invitation to treat and any Order is an offer by the Customer for Yovanka Loria to provide the supply.
- Upon Yovanka Loria accepting an Order or issuing an Invoice, a Contract for the supply is formed.
- The terms which apply to the Contract are:
- such terms expressly set out on an Invoice;
- such terms expressly set out on a Quotation; and
- these Terms of Sale.
The above terms are referenced in order of priority such that the first referenced terms shall prevail over later referenced terms to the extent of any inconsistency.
- Any terms proposed by the Customer, including any set out or referred to in an Order, do not apply unless such terms are expressly included in the terms referred to in clause 2.3.
- Acceptance of delivery of the goods or commencement of the services forming part of the supply will be deemed conclusive evidence of Customer’s acceptance of these Terms of Sale.
- These Terms of Sale may not be varied or amended except as set out in a Quotation or an Invoice or otherwise agreed in writing and signed by a duly authorised representative of Yovanka Loria.
3. Supply, inspection and acceptance
- Yovanka Loria will provide, and Customer will accept, the supply for the price.
- Yovanka Loria will use reasonable endeavours to ensure the goods are delivered by the delivery date and, if no delivery date is specified, then within a reasonable time of the Contract being formed.
- Yovanka Loria will use reasonable endeavours, and the Customer will do all things reasonably necessary to allow Yovanka Loria, to perform the services on the services delivery date and, if no services delivery date is specified, then within a reasonable time of the Contract being formed.
- Yovanka Loria may partially perform or deliver the supply and claim payment for such partial performance or delivery. Any such partial performance or delivery will not invalidate the remainder of the Contract.
- If the Customer fails to take delivery of any of the goods when they are ready for delivery or to provide any instructions, documents, licences or authorisations required to enable the goods to be delivered on time the goods will be deemed to have been delivered on the delivery date and (without prejudice to its other rights) Yovanka Loria may:
- store or arrange for storage of the goods until actual delivery or sale in accordance with this clause and charge the Customer for all related costs and expenses (including, without limitation, storage and insurance); and/or
- following written notice to the Customer, sell any of the goods at the best amount reasonably obtainable in the circumstances and charge Customer for any shortfall below the price.
- Customer will inspect all goods upon delivery and will, within 48 hours of delivery, give notice to Yovanka Loria if the goods do not meet the description of the goods forming the supply. If Yovanka Loria does not receive notice in accordance with this clause 3.6, then the goods will be deemed delivered and accepted by the Customer.
- Where any goods do not meet the description of the goods forming the supply, Yovanka Loria will accept return of the goods provided that the Customer arranges and pays for freight of the goods to Yovanka Loria.
- Where the Customer otherwise wishes to return any goods, it is at Yovanka Loria’s discretion as to whether it will accept return of such goods.
- Any goods which have been specifically purchased, manufactured or altered to meet the Customer’s requirements may not be returned.
- Notwithstanding the other parts of this clause 3, where the Customer is in default under the Contract, then Yovanka Loria shall be entitled to suspend the performance of its obligations under the Contract or terminate the Contract by providing written notice to that effect to the Customer.
- Unless separately agreed with Yovanka Loria, the price must be paid at the time the Contract is formed. Where required under the GST Act, Yovanka Loria will provide the Customer with an Invoice for the price.
- Interest accrues daily on all amounts overdue for payment from the day immediately following the relevant due date up to the date of actual payment. The rate of interest is a rate equal to 1.5% per month calculated on a daily basis.
5. Title and Risk
- Risk in the goods passes from Yovanka Loria to the Customer on delivery.
- Ownership in, and title to, the goods remains with Yovanka Loria and does not pass to the Customer until Yovanka Loria has received full payment of the price for those goods and any amount payable to Yovanka Loria under clause 4.2.
- The Customer irrevocably authorises and licences Yovanka Loria to enter onto any premises at which the goods are stored to re-take possession of the goods where the Customer is in breach of clause 4.
6. Manufacturer’s Changes
- All samples, drawings, descriptive matter, specifications and advertising issued by Yovanka Loria (or the manufacturer of the goods) and any descriptions or illustrations contained in Yovanka Loria’s or the manufacturer’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the goods represented by or described in them. They do not form part of the Contract.
- Yovanka Loria or the manufacturer may make any changes to the specifications, design, materials or finishes of the goods provided such changes do not materially affect their quality.
7. Force Majeure
- If Yovanka Loria’s performance of its obligations under the Contract is affected by Force Majeure it will advise the Customer, specifying the nature and extent of the Force Majeure and use reasonable endeavours minimise the impact of the Force Majeure.
- If a Force Majeure continues for more than 90 days, either party may terminate the Contract without liability to the other party by providing the other party with written notice to that effect.
- Where the Customer demonstrates to the reasonable satisfaction of Yovanka Loria that services performed by Yovanka Loria were defective or were not performed with due skill and care (Defective Services), Yovanka Loria will, at its option, either re-perform those services at no charge to the Customer or refund the price paid by the Customer for those services. However, Yovanka Loria will be under no obligation to re-perform the services or refund the price paid for the services where the Customer fails to notify Yovanka Loria of the Defective Services within 1 month of the services having been performed.
- Where the Customer demonstrates to the reasonable satisfaction of Yovanka Loria that goods delivered by Yovanka Loria are defective in materials or workmanship (Defect), Yovanka Loria will, at its option, repair or replace such goods at no charge to the Customer. However, Yovanka Loria will be under no obligation to repair or replace the goods where:
- the Customer fails to notify Yovanka Loria of such Defect within the warranty period;
- the Defect is attributable to any fair wear and tear relating to the goods;
- the goods have been improperly altered in any way, or have been subject to misuse or unauthorised repair;
- the goods have been improperly installed or connected (other than by Yovanka Loria);
- any maintenance requirements relating to the goods have not been complied with; or
- any instructions as to storage of the goods have not been complied with.
- Yovanka Loria’s obligation in clause 8.2 is subject to the goods being returned to Yovanka Loria at the Customer’s cost.
- Any goods which have been replaced will belong to Yovanka Loria. Any repaired or replacement goods will be liable to repair or replacement under the terms specified in clause 8.2 for the unexpired portion of the warranty period.
- To the extent permitted by law, any warranties, conditions or terms which are not expressly stated in these Terms of Sale are excluded. Where any warranties, conditions or terms are implied by law and are unable to be excluded (including any such warranties, conditions or terms under the Competition and Consumer Act 2010 (Cth)), then Yovanka Loria’s liability in respect any such warranties, conditions or terms shall be limited to replacing or re-supplying the goods or re-performing the services.
9. Limitation of Liability
- The parties agree that in no circumstances is either party liable for any Consequential Loss in connection with the Contract or the supply, irrespective of how such Consequential Loss arises, including whether through breach of contract, tort (including negligence), under an indemnity, under statue or under any other cause of action.
- Any liability of Yovanka Loria in respect of a failure to provide goods or services in accordance with the requirements for the supply under the Contract shall be limited to Yovanka Loria (at Yovanka Loria’s option):
- replacing or re-supplying the goods or reperforming the services as the case may be; or
- refunding the price to the Customer.
- Any other liability of Yovanka Loria under the Contract which is unable to be excluded is limited in the aggregate to the amount of the price.
- Where, as part of the services, Yovanka Loria provides Training, the following provisions apply:
- all information, know-how, techniques and methods demonstrated, provided or disclosed as part of the Training are proprietary and confidential information of Yovanka Loria (Confidential Information);
- the Customer must not disclose, and must ensure that all of its officers, employees and other personnel who have received the Training do not disclose, the Confidential Information to any other person, including through images, footage or other content on Instagram, Facebook, YouTube or any other social media platform or internet site;
- the Customer may not use the Confidential Information to provide training to any other person;
- the Customer may not advertise, market or otherwise represent that it is certified to train others in the fitting, maintenance and care of hair extensions;
- subject to complying with the other provisions of this clause 10.1, the Customer may only use the Confidential Information for its own business purposes; and
- in addition to complying with the requirements of these Terms of Sale, the Customer must also comply with any separate confidentiality agreement or confidentiality deed poll entered into with Yovanka Loria in respect of the Training.
If any part of these Terms of Sale is unenforceable, it shall be severed from these Terms of Sale and the remaining parts shall continue to apply.
12. Governing Law
The Contract is governed by the laws of South Australia. The parties submit to the non-exclusive jurisdiction of courts exercising jurisdiction in South Australia.
- Any notice under these Terms of Sale must be:
- in writing and addressed to the physical address or e-mail address of the recipient; and
- delivered personally, sent by e-mail or posted and will be deemed to be delivered in the case of:
- personal delivery, when delivered;
- e-mail, at the time shown in the delivery confirmation report generated by the sender’s e-mail system or if no such delivery confirmation report is received by the sender within 12 hours of the time the e-mail is sent, unless the sender receives a return e-mail notification that the e-mail was not delivered, undeliverable or similar; and
- post, 2 business days after it is posted, except where the time of dispatch is after 4:00 pm on a business day in which case the notice will be deemed not to have been sent until the next business day.