1.

Definitions:

“Agreement” means and includes all the terms of this contractual agreement;

“Customer” means a natural or legal person entering into a contract with Hairbydorak pursuant to this Agreement;

“Products” means any product sold by Hairbydorak whether in salon or through its website

“Services” means any services provided by Hairbydorak to the Customer;

2.

Applicability

a)         All products and services provided by Hairbydorak to the Customer are supplied or provided strictly subject to all the contractual terms, conditions, warranties, limitations and exclusions contained in this Agreement;

b)        This Agreementsupersedes all previous agreements and shall cover the entire subject matter of its content and apply between the Customer and Hairbydorakand apply in relation to any product or service referred to in this Agreement;

3.

Amendments and Variations

a)      No amendment or variationis binding on the parties unless recorded in writing or by e-mail; except that

b)      In relation to the products supplied by www.hairbydorak.com.au   (hereafter “the website”) Hairbydorak reserves the right to update and amend the terms and conditions at any time without notice. It is therefore advisable for the customer to review the terms and conditions prior to each purchase made via this website.

c)      Hairbydorak may transfer its rights under this Agreement or any extension to another entity, or subcontract part of its obligations.

d)       

4.

Capacity to Contract:

It is a condition precedent that products can only be sold and services can only be provided to customers with the capacity to contract who are over the age of 18 or 21 as legislated in the customer’s state of residence. In the event of any breach of this condition precedent the parents or guardian of the minor shall be deemed to be the customer and responsible for any activity of the minor in relation to this Contract including any debt owed to Hairbydorak.

5.

Sale of Products over the Internet:

By browsing the website and placing an order, the customer agrees to be bound by these terms and conditions.

6.

Commissions:

Customer acknowledges that Hairbydorak may pay commissions or fees to third parties or agents who have either helped with a sale or Customer acquisition or consulting.

7.

Cancellation Policy

Our salon professionals reserve time exclusively for you and your service(s). In the event you need to reschedule, modify or cancel your appointment, we ask that you provide a minimum 24 hours notice directly to your salon professional(s) for single services and 48 hours for services lasting longer than 1 hour 

8.

Product Orders and Methods of Payment

All product orders placed through this website are processed through the PayPal online banking system or by credit card on successful payment processing the customer will be issued with an order number. 

9.

Shipping and Handling

We offer a flat rate of $10 postage to any destination in Australia. Delivery is via Australia Post and is generally between 5-7 working days. Products will not be shipped until payment is received in full. Overseas customers will be provided with delivery rates and estimated delivery times upon request by e-mail. 

10.

Privacy

a)         Hairbydorak recognizes the importance of protecting the privacy of personally identifiable information collected about our customers and is committed to complying with all applicable legislation governing privacy in NSW and Australia, namely the Privacy and Personal Information Protection Act 1998 NSW (hereafter known as “the Act”). The following privacy policy is intended to assist our customers understand what information we gather when they visit this website, how we use that information and the safeguards we have in place to protect personal information. For the purposes of this privacy policy, the word “customer” or “customers” includes visitors to this website, subscribers to and users of our services, and purchasers of our products.

b)        When we collect personal information we will do so in order to provide a particular function or service to our customers. We will only collect personal information directly from our customer. Our customers will be advised why we are collecting the information when we collect it, or this will be obvious at the point of collection (e.g. for shipping a product to a specified address).

c)         If we collect sensitive information (as defined under the Act) we will treat it with the utmost security and confidentiality. It will not be collected for any purpose other than that for which we have obtained consent unless the law requires otherwise, or as other exceptional circumstances prevail as described under the Act.

d)        A customer may choose not to provide requested information, however, this non-disclosure may have an impact, for example, with holding information may limit our ability to provide relevant products or services.

11.

Use of Information:

a)      Hairbydorak collects several different types of information from our customers to enhance their shopping and browsing experience.

b)      If a customer (registered or non-registered) elects to pay online using a credit card, those card details are not viewed by Hairbydorak or any other party at any time during the transaction. Credit card details are encrypted and sent directly to the bank through our secure payment gateway. Credit card details are not retained under any circumstances.

c)      General site traffic data (non-personal) is collected for the purpose of improving our products and services. Non-personal information does not identify individual users. Such statistical data is analysed for research, advertising or marketing purposes to allow us to understand the sorts of products our customers are interested in and assist us in improving content and providing site maintenance.

d)      Hairbydorak will not share customers’ personal information with any third party, unless it is expressly for the purpose of contacting a customer (i.e. shipping products). If a customer is contacted by a third party naming us as the point of reference, we ask that they contact us immediately and will take appropriate action on the customer’s behalf. While Hairbydorak takes all due care and implements the abovementioned security measures for this website, customers should understand that, unfortunately, 100% security cannot be guaranteed.

e)    Customers are individually responsible for the security of and access to their own computer. Customers are solely responsible for maintaining the secrecy of their username, passwords and any account information. Customers should ensure they logout at the end of every session, particularly if using a shared computer.

12.

Refund/Exchanges

No refunds, credits or replacements are offered if the customer has changed his or her mind about the product, has made an incorrect choice or failed to verify and accurately provide information when placing an order. If Hairbydorak supplies an incorrect product please notify us immediately and a refund or exchange will be arranged provided that the product is unopened, undamaged and the packaging is intact.

13.

Gift Vouchers

Gift vouchers are exchangeable for products or services. Customers should be aware that gift vouchers are valid for a period of 6 months only from the date of purchase. It is the responsibility of customers to make any gift voucher recipient aware of this limit of validity.

14.

Restraint of Trade

The customer agrees not to hire, engage, solicit, employ, contract any of the employees or contractors of Hairbydorak (or people who have been employees of Hairbydorak within a 2 year period) nor make any attempt to do so for a period of five (5) Years from the date of any services being provided by Hairbydorak to the Customer. This applies to Australia and the Customers Successors in law or associated entities. Should this limitation be held to be unlawful, then any maximum or minimum period shall be substituted

15.

Indemnity and Hold Harmless

The Customer agrees to indemnify and hold harmless Hairbydorak from any and all claims resulting from the Customer's use of Hairbydorak Products or Services which cause damage to the Customer or any third party. Hairbydorak makes no warranties of any kind, whether express or implied, for the services it provides. Hairbydorak also disclaims any warranty of merchantability or fitness for a particular purpose. To the extent allowed by law Hairbydorak will not be liable or responsible for any direct, indirect or consequential damages, which may result from the use of its products or services. The Customer acknowledges and agrees that Hairbydorak cannot guarantee the absence of service interruptions including but not limited to those caused by Acts of God or other circumstances beyondHairbydorak’scontrol. In the event of any of the exclusions in this clause being held invalid by any aspect of the Governing Law, then Hairbydorak’s liability shall be limited at Hairbydorak’s discretion to either (a) replacement of the product or (b) refund of the Fees due to Hairbydorak in respect of the product or service.

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Miscellaneous Policies

a)         We request mobile phone calls be kept to a quiet minimum to avoid any interference and/or disturbance while you or other clients are receiving services.

b)        For salon services, we provide gowns and towels which are laundered after each use. We do our utmost to protect you and your clothing items in a professional manner, however we are not responsible for any stained clothing or items during servicing.

c)         We are not responsible for items that are lost, misplaced or stolen during your salon visit. It is best if you leave your valuables at home.

d)        In order to observe a pleasant salon environment, we ask that children
be supervised at all times.

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Law and jurisdiction

These Terms and Conditions and the contracts to which they apply shall be interpreted and implemented in accordance with the laws of New South Wales and the courts of that state shall have exclusive jurisdiction.