Terms & Conditions

Browsing Studio Figura Website, or placing an order for Products or Services, You agree to these Terms and Conditions, as may be updated from time to time. You should check this page regularly to take notice of any changes we may have made to these Terms and Conditions.
The purchase of Studio Figura Products is additionally governed by the Terms and Conditions of Purchase of Products set out in Section 3 below; AND
The Purchase of Studio Figura services is additionally governed by the Terms and Conditions of Purchase of Services set out in Section 4 below.

 

1. DEFINITIONS

In these Terms and Conditions:

“Studio Figura Operators”
means the independently owned and managed retail suppliers of Studio Figura Services.

“Products”
means the products listed for sale by Studio Figura from time to time on https://shop.studiofigura.com.au/

“Services”
means the Studio Figura training sessions listed for sale by participating Studio Figura Operators from time to time on https://studiofigura.com.au/

“We”, “Our” or “Us”
means Studio Figura Australia Pty Limited, ABN 78 626 315 606 of 1 Breakfast Creek road, Newstead QLD 4006

“Website”
means www.studiofigura.com.au and all sub-domains of www.studiofigura.com.au.

“You” or “Your”
means the person who accepts these Terms and Conditions by using this Website and associated software, networks and processes, including for the purchase of Studio Figura Products or Services through the Website.

 

2. GENERAL WEBSITE USE

2.1 ACCESS

Access to this Website is permitted on a temporary basis, and We reserve the right to withdraw or amend the Website, Products or Services, without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

 

2.2 PROPER USE

You must not misuse this Website. You will not commit or encourage a criminal offence, transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service. You will not corrupt data, cause annoyance to other users, infringe upon the rights of any other person’s proprietary rights, send any unsolicited advertising or promotional material, commonly referred to as “spam” or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. We will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

 

2.3 EXTERNAL LINKS

This Website contains links to other websites, which are not operated by Us (the “Linked Sites”). We have no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

 

2.4 LINKING TO THIS WEBSITE

You may link to our home page, provided You do so in a way that is fair and legal and does not damage Our reputation or take advantage of it, but You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any Website that is not owned by You.

This Website must not be framed on any other site, nor may You create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

 

2.5 PRIVACY POLICY

Our privacy policy, which sets out how We will use your personal information, can be found at Privacy Policy. By using this Website, You consent to the collection, use and disclosure of Your personal information as described in our Privacy Policy, and warrant that all data provided by You is accurate.

 

2.6 INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT

The intellectual property rights in all software and content made available to You on or through this Website remains the property of Us or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Us and our licensors. You may store, print, and display the content supplied solely for Your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to You or which appears on this Website nor may You use any such content in connection with any business or commercial enterprise.

You shall not modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on any software or accompanying documentation supplied by Us or our licensors. Studio Figura is a trademark belonging to Studio Figura International. No licence or consent is granted to You to use this mark in any way, and You agree not to use this mark without Our written permission.

 

2.7 REGISTRATION

Where You register for any area of this Website, the following terms and conditions apply.

You must provide Us with true and accurate registration information. You must keep any username and password allocated to You confidential, and We are entitled to assume that anyone using that username and password is You. We will primarily communicate with You via e-mail. It is Your responsibility to ensure the correct contact details are entered and that Your nominated e-mail address is regularly checked for correspondence.

We reserve the right to close an account if You are seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts or disrupt any of our services in any way.

If You use multiple accounts for the purpose of disrupting Our Website or Blog You may have action taken against all Your accounts.

If You sign into any area of this Website or any other service that uses a single-sign on on a public computer (e.g. at a university, public library etc,) and You do not sign out, someone else who uses that computer after You may be able to access Your account. We therefore advise You to ensure You log out of all services when You have finished using a public computer.

Where You access the Website using a mobile device (e.g. a phone or tablet) through a web browser, depending on Your settings You may stay signed on from that device. This means that someone else with access to Your device may be able to access Your account. You should protect the device with a password, and if Your device is lost or stolen, use remote wipe facilities (if available) to clear all personal information on Your device, and change the password for Your account.

 

2.8 LIABILITY FOR USE

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of this Website or to Your downloading of any material posted on it, or on any website linked to it.

 

2.9 INDEMNITY

You agree to indemnify, defend and hold harmless Studio Figura Australia Pty Limited, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from Your use of this Website or Your breach of these Terms of Service.

 

2.10 VARIATION

We shall have the right at Our absolute discretion at any time and without notice to amend, remove, or vary the Services and/or any page of this Website.

 

2.11 SEVERABILITY

If any part of these Terms And Conditions is unenforceable (including any provision in which we exclude our liability to You) the enforceability of any other part of the Terms and Conditions will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you
agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

 

2.12 WAIVER

If You breach these Terms and Conditions and we take no action, we will still be entitled to use Our rights and remedies in any other situation where You breach these conditions. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by one of Our Directors.

 

2.13 GOVERNING LAW AND JURISDICTION

These Terms and Conditions are to be construed in accordance with the laws of New South Wales and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the non-exclusive jurisdiction of the New South Wales courts.

 

2.14 ENTIRE AGREEMENT

These Terms and Conditions constitute the entire agreement of the parties and supersede all preceding and contemporaneous agreements between You and Us.

 

3. TERMS AND CONDITIONS OF PURCHASE OF PRODUCTS

By placing an order for Products on Our Website You are offering to purchase the Products on and subject to the terms and conditions in this Section 

 

3.1 MINIMUM AGE

To contract with Us You must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to Us. We retain the right to refuse any order made by You.

 

3.2 SPECIFICATIONS

All weights, dimensions, features and specifications of Products described or depicted on the Website are approximate and are subject to change from time to time without notice. For the avoidance of doubt, we will not materially change the features and specifications of a Product once an Order has been accepted by Us.

 

3.3 CONTRACT FORMATION

When You place an order, You will receive an acknowledgement e-mail confirming receipt of Your order. This email will only be an acknowledgement and will not constitute acceptance of Your order. A contract between Us for the purchase of the Products will not be formed until Your payment has been approved and Your credit or debit card has been debited for the full purchase amount.

 

3.4 PRICING AND AVAILABILITY

Whilst We try and ensure that all details, descriptions, and prices which appear on this Website are accurate, very rarely an error may occur. If We discover an error in the price of any Products which You have ordered we will inform You of this as soon as possible and give You the option of reconfirming Your order at the correct price or cancelling it. If We are unable to contact You we will treat the order as cancelled. If You cancel and You have already paid for the Products, You will receive a full refund.

Where applicable, prices are inclusive of GST.

All prices listed on the Website exclude Delivery Costs. Delivery Costs are shown separately on an Order and included in the ‘Total Cost’.

 

3.5 PAYMENT

Upon receiving Your order We carry out a standard pre-authorisation check on Your payment card to ensure there are sufficient funds to fulfil the transaction. Products will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted.

When placing an order You undertake that all details You provide to us are true and accurate, that You are an authorised user of the credit or debit card used to place Your order and that there are sufficient funds to cover the cost of the Products.

We do not accept any responsibility for Orders that are declined, delayed or not accepted due to disruptions with internet connections.

 

3.6 DELIVERY

Delivery is charged at a flat rate (inc GST) for all deliveries within Australia. Delivery time frames are in accordance with Australia Post’s Express Post service for domestic deliveries.

Dispatch times may vary according to availability and any representations made as to indicative delivery times are limited to Australia and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. We do not accept any liability for loss or damage suffered by anyone as a result of any such delays.

Where You have provided an incorrect or incomplete delivery address for Your Order, We may charge a redelivery fee for each subsequent delivery attempt.

 

3.7 DISCOUNT CODES

We may from time to time offer discount codes which may apply in respect of any, or certain specified, purchases of Products made though this Website by all or certain classes of purchasers.

Unless expressly stated otherwise in writing, only one discount code can be applied per order. A discount code cannot be applied after an order for Products has been placed.

Delivery costs will be charged in addition and are not subject to the application of the discount code. Such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.

Any further conditions of use relating to any discount code will be specified at the time of issue.

 

3.8 RETURNS AND EXCHANGES

3.8.1 Returning Products if they are faulty

Our Products may come with guarantees that cannot be excluded under the Australian Consumer Law. You may be entitled to a replacement or refund for a major failure under the legislation. You also may be 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.

If You think that there is a fault with the Products You have received, please let us know straight away by contacting our Customer Care Team at info@studiofigura.com.au. Please include as many details as possible about the order and the problem with the Products.

 

3.8.2 Returning Products if needed

In addition to Your rights in relation to faulty Products, You can exchange any Product within 14 days of receipt if you require a different size. Please Our Customer Care Team at info@studiofigura.com.au before sending the Products back for exchange, setting out your order details and requesting an alternate size.

If You return the Product in exchange for a different size, the Product returned must be in its original condition, which includes any packaging. All Products will be inspected on return. Please ensure that you include your full name and original order number on the return envelope.

Unfortunately, we do not accept exchanges or give refunds in any other circumstances, such as if You change Your mind.

 

3.8.3 Returns generally

This section applies to the return of all Products, regardless of whether they are faulty.

You are responsible for the costs of returning Products to us. Any Products returned are Your responsibility until they reach our warehouse. Please ensure You package Your return to prevent any damage to the Products or packaging. We are not responsible for any Products that are returned to us in error.

We recommend You use a postal service that insures You for the value of the Products You are returning. Please send Your returned Products to:

STUDIO FIGURA AUTRALIA
2 / 1 Breakfast Creek road, Newstead, QLD 4006

 

3.9 DISCLAIMER OF LIABILITY

All express or implied guarantees, warranties, representations, or other terms and conditions relating to these Terms and Conditions of Purchase of Products or their subject matter, not contained in these Terms and Conditions of Purchase of Products, are excluded from these Terms and Conditions of Purchase of Products to the maximum extent permitted by law.

Nothing in these Terms and Conditions of Purchase of Products excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation which cannot lawfully be excluded or limited. This may include the Australian Consumer Law which contains guarantees that protect the purchasers of Products in certain circumstances.

In particular our Products may come with guarantees that cannot be excluded under the Australian Consumer Law. You may be entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You also may be 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.

If any guarantee, warranty, term or condition is implied or imposed in relation to these Terms and Conditions of Purchase of Products under the Australian Consumer Law or any other applicable legislation and cannot be excluded (a “Non-Excludable Provision”), and We are able to limit the remedy for a breach of the Non-Excludable Provision, then Our liability for breach of the Non-Excludable Provision in the case of Products, is limited to one of the following at our sole discretion:

(a) the replacement of the Products;

(b) the supply of equivalent Products;

(c) the repair of the Products;

(d) the payment of the cost of replacing the Products or of acquiring equivalent Products, or

(e) the payment of the cost of having the Products repaired.

Subject to Our obligations under the Non-Excludable Provisions and to the maximum extent permitted by law, We are not liable for, and no measure of damages will, under any circumstances, include:

(a) special, indirect, consequential, incidental or punitive damages; or

(b) damages for loss of profits, revenue, goodwill, anticipated savings or loss or corruption of data,

whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.

 

4. TERMS AND CONDITIONS FOR THE PURCHASE OF SERVICES

By placing an order for Services on Our Website You are offering to purchase the Services from the nominated Studio Figura on and subject to the terms and conditions in this Section 4.

 

4.1 MINIMUM AGE

In order to contract with a Studio Figura for the purchase of Services You must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to Us. The nominated Studio Figura Operator retains the right to refuse any order made by You.

 

4.2 ORDER AND CONTRACT FORMATION

When You place an order for Services at a nominated Studio Figura, You will receive an acknowledgement e-mail confirming receipt of Your order from the nominated Studio Figura. This email will only be an acknowledgement and will not constitute acceptance of Your order. A contract between You and the Studio Figura for the purchase of the Services will not be formed until Your payment has been approved and Your credit or debit card has been debited for the full purchase amount.

 

4.3 PAYMENT

Upon receiving Your order the Studio Figura carries out a standard pre-authorisation check on Your payment card to ensure there are sufficient funds to fulfill the transaction. Services will not be provided until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted.

When placing an order You undertake that all details You provide to the nominated Studio Figura are true and accurate, that You are an authorised user of the credit or debit card used to place Your order and that there are sufficient funds to cover the cost of the Services.

 

4.4 STUDIO FIGURA

By placing an order for the purchase of Services from a Studio Figura, you acknowledge that the nominated Studio Figura is independently owned and managed and is not a subsidiary, affiliate or agent of Studio Figura Australia Pty Limited. Each Studio Figura Operator has its own policies around the provision of Services, a copy of which can be provided on request at the time of booking your first Studio Figura Service at the nominated Studio Figura.

 

4.5 EXPIRATION AND TRANSFERABILITY

Subject to clause 4.6, Services must be redeemed by You or the person nominated on the gift voucher and cannot be transferred to a third party.

All Services purchased via Our Website expire 12 months after the date of purchase.

 

4.6 YOUR HEALTH & FITNESS

Studio Figura is a recreational service and Your health and safety is paramount to Us and all Studio Figura clinics. If You purchase Services from Our Website for yourself, You will be required to complete Studio Figura Training Client Information Form before You commence Studio Figura Services. If the nominated Studio Figura Operator identifies any health reason why You should not undertake Studio Figura Services, it may at its sole discretion refuse to provide You with the Services and offer You a refund.

During use of the Services, please always monitor Your physical condition and do not exert Yourself beyond a level that is appropriate given Your knowledge of Your health and any medical advice you have obtained. If any unusual symptoms occur immediately stop what you are doing and notify your nominated Studio Figura employee.

 

4.7 GIFT VOUCHERS

Gift vouchers are only valid for a period of 24 months from the date of purchase and must be used in full by the date shown on the voucher. Please ensure the recipient checks the gift voucher to find out when to use it by.

The gift voucher can be only be redeemed for the Services stated on the gift voucher and cannot be redeemed for merchandise or cash.

The nominated Studio Figura Operator will despatch Your gift voucher as soon as You respond to the confirmation email with the recipient’s details and delivery instructions. Please double check the delivery address You provide your nominated Studio Figura Operator as it is Your responsibility to ensure it is accurate. The nominated Studio Figura Operator is not responsible if a gift voucher is used by someone other than Your intended recipient. Make sure Your intended recipient has received their gift voucher, as it is their responsibility to keep the voucher details safe. Studio Figura Operators are not responsible for any delays in delivery of the gift voucher, irrespective of how they are caused.

Studio Figura Operators cannot accept any responsibility for stolen or deleted gift vouchers. Unfortunately lost, stolen, or destroyed gift vouchers will not be refunded or replaced.

All gift voucher holders will be required to complete a Client Information Form before they commence Studio Figura Services. If the nominated Studio Figura Operator identifies any health reason why the gift voucher holder should not undertake Studio Figura Services, it may at its sole discretion refuse to provide the gift voucher holder with the Services and offer You a refund. Gift voucher holders undertaking Services must always monitor their physical condition and not exert themselves beyond a level that is appropriate given their knowledge of their health and any medical advice they have obtained. If any unusual symptoms occur immediately, they must stop what they are doing and notify their nominated Studio Figura Operator employee.
Gift cards cannot be used to purchase gift cards.

 

4.8 REFUNDS

As set out in clauses 4.6 and 4.7 respectively, You may be entitled to a refund if the nominated Studio Figura Operator determines at its discretion that it is not safe for You or the gift recipient intending to redeem the Services to undertake Studio Figura Services. In all other circumstances other than those imposed under Australian Consumer Law (or the Fair Trading Act 1986 (NZ) in the case of New Zealand purchases of Services), the nominated Studio Figura Operator is not obliged to refund You for unwanted or unused Services.

 

4.9 DISCLAIMER OF LIABILITY

All express or implied guarantees, warranties, representations, or other terms and conditions relating to these Terms and Conditions of Purchase of Services or their subject matter, not contained in these Terms and Conditions of Purchase of Services, are excluded from these Terms and Conditions of Purchase of Services to the maximum extent permitted by law.

Nothing in these Terms and Conditions of Purchase of Services excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation which cannot lawfully be excluded or limited. This may include the Australian Consumer Law (or the Fair-Trading Act 1986 (NZ) in the case of New Zealand purchases of Services) which contains guarantees that protect the purchasers of Services in certain circumstances.

If any guarantee, warranty, term or condition is implied or imposed in relation to these Terms and Conditions of Purchase of Services under the Australian Consumer Law (or the Fair Trading Act 1986 (NZ) in the case of New Zealand purchases of Services) or any other applicable legislation and cannot be excluded (a “Non-Excludable Provision”), and We or the nominated Studio Figura Operator is able to limit the remedy for a breach of the Non-Excludable Provision, then Our or their liability for breach of the Non-Excludable Provision in the case of services, will be the supplying of the services again, or the payment of the cost of having the services supplied again.

Subject to the nominated Studio Figura Operator’s obligations under the Non-Excludable Provisions and to the maximum extent permitted by law, they, nor We, are not liable for, and no measure of damages will, under any circumstances, include:

(a) special, indirect, consequential, incidental or punitive damages; or

(b) damages for loss of profits, revenue, goodwill, anticipated savings or loss or corruption of data,

whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.

 

5.0 CANCELLATION POLICY & NO SHOW FEE

Late cancellation/ no show fee:
** Our Appointment Booking Policy **
To assist you to commit to your health and wellness goals and to offer a greater experience for all clients, our cancellation window is 24 hours before the start of the session/treatment. You can freely cancel your class booking 24 hours before session or treatment starts. However, if you do not cancel at all, you will be registered as a ‘no show’ and charged equivalent to a casual treatment rate of $25.00. We understand life gets busy and unexpected hurdles pop up however too many clients are sadly missing out. Please make a conscious effort to login to the Studio Figura website to cancel your spot or give us a call 0447 235 969 or send us an email info@studiofigura.com.au to avoid being charged a no-show fee.

Based on client feedback the online booking system is introduced to create an even easier way for you to guarantee a session in you love!
The no-show fee of $25.00 is the fee to prompt clients to notify reception when they are unable to attend and, in turn, to allow clients on the waitlist a greater opportunity to participate. If you are more than 15 minutes late for any reason, we reserve the right to cancel your appointment and not transfer the booking fee. If a no show is performed your booking fee will not be transferred.
The fee will be charged on your account directly.

To avoid the fee, make sure to cancel your booking online via the website, or notify reception via email info@studiofigura.com.au or call to 0447 235 969. We try our best to monitor clients’ accounts, but it is impossible to administrate all of them.
Please arrive on time, any lateness will be taken out of your appointment not the next client, as there is a strict schedule in place. You will still be expected to pay full price for the appointment booked.
There is a 24H cancellation policy – You have 24hours prior to appointment to reschedule or change your appointment. All the deposits are non-refundable. If you have booked your package and you miss your appointment or don’t reschedule before 24H then one your treatment will be redeemed from your package.

If you need to reschedule your appointment,
Contact Studio Figura on 0447235969 or info@studiofigura.com.au if you have any questions about your appointment.

There is a $25 deposit required to ensure your commitment to your appointment! All the deposits are non-refundable; however, we are more than happy to reschedule your appointment in future date.

 

6.0 BUYING PACKAGES or PROGRAMS

Buying Package or Program at Studio Figura any clinic, you agree that it’s non refundable and you can use this program or package only at this clinic where you purchased the package or program.
All programs and packages have 4- or 6-months expiration. If you do not use your package or program at this time, Studio Figura do not take responsible for that and we cannot extend your package or give you refund. It means you have lost your treatments if you do not use your treatments at the right time.
If you make appointment for your package or program and you do not cancel before 24H then your treatment will be redeemed from your package.

AS FEATURED IN

Studio Figura welcomes you to an exclusive clinic, where you can indulge in ‘me time’ while achieving your health and wellness goals.

Visit us for a free 30-minute consultation!

 

Come and say hello to our professional team and find out more!

Contact Us

Call: 0447235969
Address: Level 1/70 Little Edward St, Spring Hill

Copyright © 2020 Studio Figura - Spring Hill, Brisbane

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