1. About the Website
1.1. Welcome to www.labimbi.com.au (the ‘Website’). The Website provides you with an opportunity to book appointments online (the ‘Services’), as well as browse and purchase various physical products that have been listed for sale through the Website (the ‘Products’). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services’).
1.2. The Website is operated La Bimbi City Central Pty Ltd (acn: 167 339 228) t/a La Bimbi. Access to and use of the Website, or any of its associated Products or Services, is provided by La Bimbi. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
1.3. La Bimbi reserves the right to review and change any of the Terms by updating this page at its sole discretion. When La Bimbi updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.
2. Acceptance of the Terms
2.1. You accept the Terms by remaining on the Website. You may also accept the Terms or agree to the Terms where this option is made available to you by la Bimbi in the user interface.
3. Bookings and Personal Information
3.1. La Bimbi requires all bookings for appointments to be made via the booking system provided on the Website (the ‘Booking System’) or by telephone at + 612 6251 9555.
3.3. When making a booking through the Website, you will be required to provide personal information such as your name, address, phone number and e-mail address.
3.4. You agree that all details that you have provided in completing the booking are true and correct.
4. Payment and Pricing for Services
4.1. Pricing displayed on the Website is an estimate only. The final Services Fee (the ‘Services Fee’) is dependent on the final service provided to you on the day of booking. Additional treatments, thick or difficult hair and other factors may contribute to a variation in Services Fee. La Bimbi agrees to seek your consent prior to commencing a service that results in an increase of the estimated Services Fee.
4.2. A Booking Deposit (‘the ‘Deposit’) of 50% may be required to secure bookings over 30 minutes.
4.3. Where the option is given to you, you may make payment of the Services Fee or the Deposit by way of:
a. PayPal (‘PayPal’); or
b. Credit Card (‘Credit Card’).
4.4 When making a payment via the Website, you warrant that you have read, understood and agree to be bound by any payment terms and conditions which are available at that time.
4.5 You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.
4.6 You agree and acknowledge that La Bimbi can vary the Services Fee at any time.
5.1. La Bimbi understands situations can arise in which you must cancel or change your appointment. Due to limited appointment availability you must notify La Bimbi of an intention to change or cancel a scheduled appointment as soon as practicable in in which case the following cancellation policy will apply (the ‘Cancellation Policy’).
5.2. You may cancel or re-schedule an appointment by email to firstname.lastname@example.org or calling + 612 6251 9555.
5.3. La Bimbi will re-schedule or cancel an appointment at no extra charge if 24 hours’ notice is given.
5.4. If Services are cancelled or re-scheduled within 24 hours of the scheduled appointment, La Bimbi reserves the right to retain the Deposit or charge a cancellation fee of 50% of the estimated Services Fee for bookings of less than 30 minutes (the ‘Cancellation Fee’).
6. Late Arrivals
6.1. Please ensure you arrive 10 minutes prior to your appointment.
6.2. If you arrive more than 10 minutes after the scheduled time of your appointment, la Bimbi reserves the right to refuse to carry out the scheduled service, and charge you the Cancellation Fee. Please note that should La Bimbi proceed with the Services, the time allocated for the Services will be reduced which may impact on your experience.
7.1. La Bimbi will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if the manager of La Bimbi makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (the ‘Refund’).
8. Purchase of Products
8.1. In using the Purchase Services to purchase the Products through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price’).
8.2. Payment of the Purchase Price may be made through debit card and credit card through the available payment provider (the ‘Payment Gateway Providers’).
8.4. Following payment of the Purchase Price being confirmed by La Bimbi, you will be issued with a receipt to confirm that the payment has been received and La Bimbi may record your purchase details for future use.
8.5. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, exclusive amounts.
8.6. La Bimbi reserves the right to accept or reject your order for any reason, including if the requested Product is not available.
9. Shipping and Delivery
9.1. You acknowledge that the Purchase Services offered by La Bimbi integrate delivery (the ‘Delivery Services’) through the use of third party delivery companies (the ‘Delivery Service Providers’).
9.2. In providing the Purchase Services, La Bimbi may provide you with a variety of delivery options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that La Bimbi is not the provider of these delivery options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
9.3. In the event that an item is lost or damaged in the course of the Delivery Services, La Bimbi asks that you:
a. contact the Delivery Service Provider directly to request a refund; and
b. contact La Bimbi by sending an e-mail to email@example.com outlining in what way the Products were damaged in transit so it is able to determine if the Delivery Service Provider should be removed from the Purchase Services.
10. Returns Policy
10.1 La Bimbi wants you to be satisfied with your Product. If you have any issues with La Bimbi Products, please e-mail firstname.lastname@example.org.
10.2 If you have received the incorrect item or make an error when ordering a full priced item, La Bimbi will provide a refund on the return of the item. To request a refund and organize a return please e-mail email@example.com with your proof of purchase and photographs of the Product you have received within 5 business days of receiving the Product. The returned Product must be unopened, and its original saleable condition. You are liable for all shipping costs incurred when returning the Product back to La Bimbi.
10.3 La Bimbi does not provide refunds for change of mind.
10.4 La Bimbi does not provide refunds for sale items, for any reason.
10.5 Refunds will not be given for late delivery outside the stipulated delivery time frames provided on the Website or by the Delivery Service Providers.
10.6 In the following situations, no refund or return will be available:
a. Denied acceptance of delivery by receiver;
b. Inaccurate delivery address;
c. Absent receiver – If a receiver is not home and a calling card is left at the address by the Delivery Service Provider, it is the receiver’s responsibility to contact the Delivery Service Provider to arrange appropriate delivery. If the parcel remains undeliverable due to no contact from the receiver, it will be returned to La Bimbi for a return fee charged to the initial payment method.
11. Cancellation of Orders
11.1. Once payment for an order has been accepted, cancellation is at the discretion of La Bimbi. If you wish to cancel your order, please contact La Bimbi immediately on + 612 6251 9555.
11.2. Cancellation of orders must be made within 1 hour of the time of order.
11.3. Where a Product has been listed at an incorrect price, or has incorrect written information or images, La Bimbi reserves the right to cancel a transaction. The purchase amount will be refunded via the payment method used for the initial purchase.
12. Warranty for Physical Products
12.1. La Bimbi’s Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the ‘Warranty’). A major failure with a product under Australian Consumer Law includes but is not limited to, where the product is significantly different from the description shown to you, or the goods are unsafe or unfit for their normal purpose.
12.2. If you have received a Product that you believe is faulty or defective, please contact firstname.lastname@example.org with photographic proof.
13. Information and Product Disclaimer
13.1. Any information provided to you by La Bimbi regarding the use of any Product is for educational purposes only. It is your sole responsibility to determine the appropriateness of the Products for any particular use or purpose.
13.2. La Bimbi makes no representation, warranty, expressed or implied as to the effect, benefit, or use of the Products and takes no responsibility for any results obtained when using the Products.
14. Copyright and Intellectual Property
14.1. The Website, the Purchase Services and all of the related products of La Bimbi are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content’) are owned or controlled for these purposes, and are reserved by La Bimbi or its contributors.
14.2. La Bimbi retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
a. the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of La Bimbi; or
b. the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
c. a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
14.3. You may not, without the prior written permission of La Bimbi and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
16. Mailing List
16.1. While using the Website, you will be given the opportunity to sign up for the La Bimbi Mailing List. If you choose to sign up for this service you agree to receive promotional materials, updates and other content from La Bimbi via e-mail.
16.2. You can opt out at any time by following the unsubscribe process contained in the e-mail or e-mailing email@example.com.
17. General Disclaimer
17.1. You acknowledge that La Bimbi does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
17.2. La Bimbi will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and design may differ from what is displayed on the Website.
17.3. You acknowledge and agree that La Bimbi cannot guarantee the results or effectiveness of any of the services rendered or to be rendered by You. Rather, La Bimbi shall conduct its operations and provide its services in a professional manner and in accordance with good industry practice. La Bimbi will use its best efforts and does not promise results.
17.4. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
17.5. Subject to this clause, and to the extent permitted by law:
a. all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
b. La Bimbi will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
17.6 Use of the Website, the Purchase Services, and any of the products of La Bimbi is at your own risk. Everything on the Website, the Purchase Services, and the Products of La Bimbi, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of La Bimbi make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of La Bimbi) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
a. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
b. the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
c. costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
d. the Content or operation in respect to links which are provided for the User’s convenience;
e. any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
f. any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
18. Limitation of Liability
18.1. La Bimbi’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of La Bimbi is the resupply of the Purchase Services to you.
18.2. You expressly understand and agree that La Bimbi, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
18.3. La Bimbi is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of La Bimbi, by third parties or by any of the Purchase Services offered by La Bimbi.
19.1. You agree to indemnify La Bimbi, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
a. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
b. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
c. any breach of the Terms.
20. Venue and Jurisdiction
20.1. The Purchase Services offered by La Bimbi is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of the Australian Capital Territory, Australia.
21. Governing Law
21.1. The Terms are governed by the laws of the Australian Capital Territory, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of the Australian Capital Territory, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
22. Independent Legal Advice
22.1. Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
23.1. If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.