I don’t think it’s possible to resell.
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As mentioned, there was no booking made at all
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It seems odd that they accepted a non-refundable booking fee and didn’t make an appointment.
Was the deposit paid for another reason such as to secure an offer (such as a future complementary appointment and treatment) or to lock in a price for a treatment which was lower than usual or a special deal.
Did you pay the deposit with plans to secure a future booking?
If you answered yes to these two questions, it is unlikely that they will refund your deposit. As outlined in my previous post, I would be asking to see if they can use their discretion in relation to refunding the deposit or using it for another service. Their website indicates that they offer a range of services.
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Then their second message says it’s for the cost of advertising 
“We have to pay for advertising in order to have a sustainable business and remain relevant in a highly competitive industry. Our treatments such as the one you booked cost a lot of money to organise and charging a non refundable deposit is necessary in order to protect ourselves. Without it our business would not be able to survive.”
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Probably not what you want to hear but from your post
you did essentially take up a special offer for a specific treatment and it was clearly non-refundable, booking made or not.
While not relevant to your problem after looking at the website it seems as trustworthy as [words escape]. Medical procedures are what they are and done by qualified surgeons for a reason. Dr Tracey Mountford is a botox doctor from the UK.
You may be better off without your $100 deposit than going forward with what might be ‘come on’ advertising. But wait, there is more as well as a special price for those who respond in the next 10 minutes… to make the point on how I personally receive the claims. Some people think Vladimir Putin has had too much botox and hence can no longer do facial expressions - all hearsay yet have you seen a photo of him in other than a deadpan?
A bit about botox from a highly reputable source.
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It appears you must have signed up for a future treatment… bought a treatment or treatment package which required a deposit. This is different to a non-refundable booking deposit.
The business claims they pre-ordered items for the treatment you wished to have. If this claim is correct, it would not be unreasonable for the business to have a non-refundable deposit as there is a risk that the business could incur costs which may not be able to be recouped. Yes they may be able to onsell the preordered items to another customer, but there is also a risk they might not (especially if any items has short shelf lifes).
If they have pre-ordered the treatment, it is unlikely they would use their discretion to refund. There is also potential they would not allow you to transfer the deposit to another treatment. They may be concerned that if they transfer to another treatment, you may not fulfil the new treatment/service when required leaving them potentially out of pocket again.
It possibly isn’t what you want to here, but it is reasonable for the business not to refund your non-refundable deposit. Taking further action is also unlikely to succeed and would most likely cost more than the value of the deposit.
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I guess as the cartridges were paid for as well as the gel, they are owned by the person for whom they were purchased… In that case they should be able to obtain them from the premises, if no actual service is required. It would be interesting to see what would be the outcome to such a request?
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If they were domestic type products, there could be a slight possibility they might be provided. If they are something which poses a risk if used incorrectly, I would suspect that it would be a definite no. It could be a liability issue for them should it be used incorrectly by the consumer and case a problem.
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In that case of no provision due to safety concerns, then they should be destroyed and perhaps some statement to the effect that they have been destroyed. This is similar to returned medications, they are not reused but are destroyed in approved facilities, and the Govt require details of returned for destruction medications and medicines held by Pharmacies…
The HIFU cartridges are used in a device that the cartridges are inserted into. The various cartridges are used to provide the ultrasound frequency that is used in the treatment. After use, the cartridges appear to be disposed of or returned to the manufacturers to be refurbished. Each cartridge has a depth rating treatment of some amount of mm, starting around 1.5 mm. From what I can find, they are not a dangerous product, and don’t work unless plugged into the hand device. They can be purchased online.
An ultrasound treatment costs around $1,800, I would assume from the prices I could find online that the cartridges are not a large cost, nor would the gel used in the process cost a large amount. The website requires a few steps to get to a point where a deposit is made.
Some relevant copies of SABA page re their treatment costs
“36 hour cancellation policy: When booking for your treatment, please make sure that you can attend your appointment at the allocated time. If you cancel your appointment within 36 hours of your treatment, we will need to keep your deposit to cover our costs.”
“We do not do consultations and treatments on the same day. If at the end of your consultation you decide to go ahead, we will ask you to pay a deposit before we book you in for the treatment. For our customers who live in far away from our clinic, we also offer phone consultations. That way you only have to make one trip to our clinic.”
So they only keep hold of the deposit if the cancellation was within 36 hours of the appointment, and the deposit is only charged after a person consents to go ahead before a booking is made.
If no booking was made and the treatment was declined outside of the 36 hours, it may be possible for a consumer to test their case in a State/Territory Civil and Administrative Tribunal. If inside that 36 hour window the business is quite clear they will retain the deposit and it would seem they have the right.
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I believe they refer to purchase of equipment (readily used for any customers wanting same or similar treatments) and the cost of advertising- not my problem!
I was NOT looking for Botox but a tote of facial muscle lift using a light and massage type process. I believe it’s ridiculous to take my money and I feel it should be an easy refund
The point about botox was and remains that is the speciality of the doctor and clinic. It appears to be a cosmetic ‘surgery’ business, largely unregulated in Australia. Regardless of your personal feelings about the business practice, from what we can glean from your posts you clicked on a special deal and locked in the price via a non-refundable deposit.
It may be an educational cost but the business appears within their rights to keep your money for no service, regardless that you have an identified medical condition that is contraindicative of your getting the treatment. Their T&C (and apparent lack of goodwill) are the crux of it.
The reality is they do not need a reason under the circumstances, excepting to try to justify it when a customer takes issue.
I and I suspect the other members who replied wish we could have better news, and our replies are opinions not legal advice. My suspicion is that if you could arrange a free initial consultation with a legal adviser it would not be much different from our opinions, and that would be your logical next step to pursue the matter.
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Thank you all for your assistance . It’s disappointing and does seem to be an industry get-out that other services wouldn’t necessarily be able to do. I would completely understand if I’d made an appointment or signed a deal with them for a range of treatments.
Oh well, lesson learned.
Many industries have terms and conditions associated with deposits and/or cancellations of a service/product - not dissimilar to the beauty salon industry. These include losing deposits or incurring fees when a services/products offered is taken up as agreed.
The important lesson is to understand terms and conditions - especially when they sit outside the statutory rights under the Australian Consumer Law. Understanding these are important when one decides not to follow through with the purchase of a product or service.
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Welcome to the community @ohmslaw.
Others will be interested to know of your experience and the business used.
Assume it is this one which offers a range of cleaning services in selected major cities around Australia.
‘⭐ Oven Cleaning | Professional Oven Cleaning Services
The website is quite expansive. It was a surprise to find that they indicated oven cleaning services available in Brisbane, but then said they were unavailable in a popular near to city centre suburb!
I did note that when looking to their general pricing page, the opening qualification includes “starts from $135”.
The Q and A found elsewhere on the site suggests the time required may vary, something the cleaner would clarify once on site.
It’s good that you reached a suitable outcome. The T&C’s are written as though there is a deposit required. At which stage in your booking experience was the requirement for a deposit indicated? Were there any links or qualifications attached to it or at the final payment stage.
‘Drip pricing’ is described by the ACCC in,‘Price displays | ACCC
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Hi.
I made a hairdresser booking online and was required to make an $80 booking fee. I duly attended the appointment and rebooked a next appointment at the salon. The hairdresser said “do you want me to take the $80 off your next visit?”. I said yes. I was unable to make the next appointment and gave a week’s notice. The appointment was rescheduled and I was referred to the t&c on the website that said I was only able to reschedule once, which I did. I was unable to attend that subsequent appointment due to serious family illness and gave 48 hours notice. I was told I had therefore forfeited my $80. Is this correct and is there anything I can do? Thanksemphasised text
Welcome to the Community @Murg
I moved your post into this older but similar one. Other than ask for a goodwill gesture probably not.
You can scan responses to the original post for more depth.
Take your business to a service provider with less onerous conditions?
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Yes, I wouldn’t go anywhere near a hair salon that charges a deposit when making a booking. Even if there’s the possibility of a cancellation, a good salon will always have someone that’s calling in and would be happy to fill the available time instead of being turned away.
And having only one chance of rescheduling or lose your deposit?
Goodness, some of them are getting a little bit too precious about themselves!
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