Please take the time to read these Terms and Conditions carefully. By accessing and using mr-smithpro.com.au, you agree to be bound by the following Terms and Conditions. If you place an order through our website, you are deemed to have read, understood, and accepted these Terms.

These conditions may only be varied by a written agreement signed by Mr. Smith. Mr. Smith reserves the right to revise these terms and conditions, the Mr. Smith Privacy Policy and any other website terms and conditions simply by publishing amended terms and conditions (or relevant materials) online. Mr. Smith is under no obligation to provide you with notice of updated materials.

Any failure by Mr. Smith to exercise or enforce any one or more of its rights under these terms and conditions will not constitute a waiver of such rights unless such waiver is granted to you in writing. These terms and conditions are to be interpreted so that they do not infringe any law or are not invalid. If any term infringes any law or is invalid, it will be read down so that it does not infringe any such or is not invalid. If that is not possible, the term will be severed from these terms and conditions without affecting the validity of the remaining terms.

If you have any questions, contact us at yes@mr-smith.com.au.

Dynamic Duos

• Eligibility: Exclusive to authorized Mr. Smith Professional/B2B account holders.
• Minimum Order (MOQ): A strict minimum of 3 units per category

• to all Duo Travel Bags (3x Texturise It and 3x Flex It).
• Complimentary Product: Each Duo includes one complimentary item as specified. This cannot be exchanged for cash, credit, or individual resale.
• Availability: Limited edition. Offer valid only while stocks last on a first-come, first-served basis.
• Returns: Partial returns are not accepted. Duos must be returned as a complete, unopened set.
• General: Mr. Smith reserves the right to modify or cancel this offer at any time.

Complimentary Backbar

Offer valid on qualifying Retail Wet Line purchases only. Eligible products include any:

• Shampoo 275mL
• Conditioner 275mL
• Masque 200mL
• Pigment Masque 200mL

Backbar Rewards by purchase threshold:

• Purchase 9 units, receive 1 Backbar (AUD $56.15 value)
• Purchase 12 units, receive 2 Backbar (AUD $112.30 value)
• Purchase 18 units, receive 3 Backbar (AUD $168.45 value)
• Purchase 24 units, receive 4 Backbar (AUD $224.60 value)
• Purchase 48 units, receive 9 Backbar (AUD $505.35 value)
  

Maximum 9 Complimentary Backbars per order.

Complimentary Backbar products are supplied in 1L sizes across Shampoo, Conditioner, and Masque varieties.

Pigment Masques as Backbar rewards are available in 500mL size only.

• Complimentary value is calculated using the average Backbar retail price, excluding GST.
• Offer valid while stocks last and for a limited time only.
• Cannot be used with other promotions or discounts unless otherwise stated.
• No substitutions, exchanges, or cash alternatives.
• Mr. Smith reserves the right to amend, suspend, or withdraw this promotion at any time without notice.

Definitions

In these terms and conditions, unless the context otherwise requires:- “GST” means Goods and Services Tax or other tax that is substituted or replaces the GST tax . “ Supplier”, “Seller”, or “Mr. Smith” refers to Mr. Smith Australia. “The Customer” means the person or persons, company or business entity as described on the face hereof. “Goods” means the goods or products sold by the Seller to the Customer as described on the face hereof or otherwise. “Services” means any services provided by the Supplier. “Quote” means any pricing estimate for the Goods that remains valid for 30 days and excluding GST unless otherwise specified.

General

The only contractual terms which are binding on the Supplier are those set out in this Agreement.

Whilst Mr. Smith will take all reasonable steps to ensure information provided on mr-smithpro.com.au is accurate and up to date, you acknowledge that, from time to time, errors or omissions may occur.

Placing an order through mr-smithpro.com.au is considered an offer and does not constitute a binding agreement until your order has been shipped and invoiced.

In the event that an error affecting an order has occurred (such as a pricing or stock error), Mr. Smith may choose not to fill the order and you will be advised accordingly. If an order cannot or will not be filled, Mr. Smith will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after the order is submitted.

In certain circumstances, Mr. Smith may need to cancel an order after it has been processed, in which case a full refund will be provided. This includes (but is not limited to) circumstances where Mr. Smith suspects a transaction has been made without the proper authority of the credit card holder.

Mr. Smith Retail Products are sold in multiples of 3. By placing an order or creating an account with Mr. Smith, you consent to be added to the Mr. Smith mailing list, receive related communications including confirmations, delivery updates (including emails and SMS) and further contact from any of the current Mr Smith Team.

Account Responsibility and Website Use

You must provide accurate and complete information about yourself when requested by a relevant form on mr-smithpro.com.au. You are responsible for maintaining the confidentiality and security of your account, login details and computer at all times. All activity made under your account shall be your sole responsibility.

You agree to indemnify Mr. Smith from any loss or damage to Mr. Smith arising from your use of mr-smithpro.com.au, any breach by you of these terms and conditions of use, or a claim that your use of mr-smithpro.com.au infringes any intellectual property rights of any third party or is defamatory.

Quotations

Any quotation provided is an invitation to treat only and not an obligation to sell or offer. In the event of any counter offer by the Customer or any Quote any conflict between any Quote or counter offer and this Agreement this Agreement shall prevail.

The Supplier reserves the right to vary any price quoted either orally or in writing. Any Quote given on price is an estimate only.

Pricing

The price charged for the Goods and Services to be provided to the Customer are set out on the face hereof.

All prices on mr-smithpro.com.au are listed in Australian Dollars (AUD) and exclude GST unless stated otherwise.

You agree to pay Mr. Smith the purchase price listed on the website (subject to any accidental errors and omissions) for the products. Mr. Smith may vary its prices from time to time. Notice of any price changes will be posted on mr-smithpro.com.au.

Items classified as dangerous goods, such as aerosol products, must be shipped via road and may take longer to arrive. Such orders may take between 2 and 4 business days to be delivered to Australian metropolitan areas (excluding in Western Australia and Northern Territory) and between 5 to 14 business days to be delivered to Australian non metropolitan areas (including to Western Australia and Northern Territory).

You must ensure your shipping address is accurate. If your order is returned due to an incorrect address, you may be charged for re-delivery or issued a refund, less shipping costs.

Mr. Smith’s delivery service providers may change their fees from time to time and accordingly you agree that Mr. Smith may vary the fees applicable to orders at any time on notice, and that such notice is given by posting the updated postage fees on mr-smithpro.com.au.

Payment Methods

Payment must be made in accordance with the mechanisms permitted by the relevant ordering system, including any online or B2B portal operated by Mr. Smith. These payment facilities are provided by third parties and are made available to you on mr-smithpro.com.au for convenience only. By using these facilities, you acknowledge that you have read and agreed to the terms of the third party payment gateway facility. Mr. Smith shall have no responsibility for any issues, loss or damage arising out of those facilities. If you have an issue with a third party provider on mr-smithpro.com.au, please contact that third party directly.

Permitted payment mechanisms include electronic bank transfer to Mr. Smith’s nominated bank account, or credit cards such as Visa, Mastercard and American Express. Mr. Smith does not accept payment by cheque, unless otherwise agreed in our sole discretion. For any electronic bank transfer, the Customer must ensure the Mr. Smith invoice number is included so the payment is correctly referenced. At the time of payment, the Customer must also confirm by email to Mr. Smith the details of the payment, including the date, amount, and invoice number.

Mr. Smith reserves the right to charge the Customer any applicable bank fees or charges, card merchant fees or costs relating to such payment of invoices and if Mr. Smith has incurred any costs associated with a returned or denied request for payment by your financial institution or is unpaid by you for any other reason.

Payment Terms

The Customer must pay by the date specified on the invoice. This payment date is a final date and it is the Customer’s responsibility to take into account potential non-working days and bank holidays to meet its obligations under this clause. For customers approved for COD, payment in fully cleared funds is required before products will be shipped.

For Customers purchasing the Mr. Smith Opening Packages a deposit of 50% is to be made on the date of order prior to dispatch and 50% of the remainder 30 days after the invoice is raised to Mr. Smith without set off, deduction or counterclaim of any kind, unless otherwise agreed prior with Mr. Smith. Any additional Opening Package terms and conditions will be provided.

If any invoice is not paid in full on or by the due date (without limiting any other rights Mr. Smith may have), Mr. Smith may charge the Customer a late payment fee at the rate of 15% per annum on all sums owed and Mr. Smith reserves the right to amend and revoke payment terms upon such terms and conditions in its absolute discretion.

Any payment default will not be remedied until the outstanding amount together with any late payment fee (if charged) payable under this clause is paid in full. Any expenses, costs or disbursements incurred by Mr. Smith in recovering any outstanding amounts, including debt collection agency fees or legal fees, will be recoverable from the Customer. Mr. Smith reserves the right to cancel or suspend further deliveries or, if necessary, require an upfront payment before any delivery of Products.

All costs, including but not limited to transportation costs, storage costs and costs of resale incurred by the Seller as a result of it exercising any of its rights hereunder in the event of default by the Customer, shall be borne by the Customer.

All accounts will be on stop supply after 30 days net from invoice date unless agreed in writing with Mr. Smith representative or management. Mr. Smith also reserves the right to deduct any invoice once it is 30 days or more past the due date from the Partner Program balance of the account and to revoke an account’s Partner Program status after they are 60 days or more past due on one or more invoices.

Mr. Smith retains legal ownership of all products sold until the purchase price has been paid in full and received by Mr. Smith.

Reservation of Title of Goods

Until payment is received of all monies owed to the Supplier from the Customer, legal and beneficial ownership of any and all Goods supplied to the Customer from the Supplier remains with the Supplier. The goods are merely entrusted to the Customer as fiduciary. Until payment of all debts owed as aforesaid the Customer may sell the Goods in the ordinary course of business as the Supplier’s fiduciary and agent (but the Customer shall not hold itself out as such), and may for the purpose of such sale part with possession of the Goods. The Supplier has full power to regain possession and resell any and all of the Goods supplied irrespective of part payment thereof.

The Supplier can exercise its rights in the event of a breach of a term or condition of this Agreement or in the case of an event of the Customer’s default in payment of any of the purchase price payable of any of the Goods supplied. The power to regain possession and resell of the goods applies notwithstanding that payment may have been made for the purpose of settlement of specifically designated claims.

Until payment in full of the purchase price, the Customer shall store the Goods in a separate section of its premises, in such a way as to indicate that the Goods are not the property of the Customer, but remain the property of the Supplier.

The Customer shall not remove any markings, tags or labels from the Goods which may indicate that the Goods are and remain the property of the Supplier. To the extent that the Goods may be used in connection with any business conducted by the Customer, the Customer shall advise in writing any potential customer, purchaser or other third party that the Goods are the property of the Supplier;

If the Customer defaults in payment of the purchase price, or if the Customer becomes insolvent, the Seller and/or its duly authorised servants or agents may at any time thereafter, without notice to the Customer, enter upon the Customer’s premises and/or premises at which the Goods are situated for the purpose of termination of any contract or transaction relating to the Goods between the Seller and the Customer.

General Obligations

The Customer acknowledges and agrees that it will:
(a) Act as an independent merchant in the purchase of the Approved Products from Mr. Smith and the sale of the Approved Products from the Premises to customers;
(b) Not market, display, offer for sale, sell and/or deliver the Approved Products outside the Premises, including over the internet unless a Mr. Smith Online Stockist Application¹ has been signed by authorised representatives of the account and valid documentation of approval from Mr. Smith has been received.
(c) Unauthorised online sales of Mr. Smith products by any other methods are strictly prohibited and failure to comply will result in the immediate termination of the client agreement and closure of the account. These include but are not limited to:
(i) Discounts without written approval from Mr. Smith
(ii) Any products not packaged for resale (e.g.: basin/backbar/litres, testers)
(d) Not, directly or indirectly, through any interposed entities, from any locations or by any other means:
(i) source any of its requirements for Approved Products from any source other than Mr. Smith; or
(ii) procure, acquire, purchase, import, distribute or itself develop the Approved Products;
(e) Conduct the business and make any sales of the Approved Products:
(i) in accordance with all applicable Laws; and
(ii) in a manner that reflects favourably on the Approved Products and reputation of:
(A) Mr. Smith; and
(B) any other manufacturer or supplier to Mr. Smith of the Approved Products, or any related entity of those parties;
(f) Not in connection with the sale of the Approved Products:
(i) Engage in any deceptive, misleading, unfair or unethical trade practices and, in particular, must not make any false or misleading representations; or;
(ii) Make any representations, or give any Approved Products that differ from representations, warranties or guarantees approved by Mr. Smith.

Notwithstanding anything else in this Agreement, where an obligation is imposed by or under this Agreement on the Customer to do, or not to do, any act or thing, the Customer must ensure that its employees, contractors, agents and any other representatives comply with that obligation.

Mr. Smith acknowledges and agrees that during the Term it will render to the Customer all reasonable assistance by providing information, technical knowledge and price lists in relation to the Approved Products.

Delivery

Mr. Smith’s business days are Monday through Friday, excluding public holidays in Melbourne, Australia. The delivery timelines set out in these terms and conditions are provided for guidance purposes only and Mr. Smith will not be liable for any delay in dispatch or delivery of an order.

Orders are dispatched using trusted Australian delivery services. Mr. Smith will endeavour to have orders dispatched between 1 and 4 business days (excluding Opening Parcels), and delivered within 5 - 14 business days.

Items classified as dangerous goods, such as aerosol products, must be shipped via road and may take longer to arrive. Such orders may take between 2 and 4 business days to be delivered to Australian metropolitan areas (excluding in Western Australia and Northern Territory) and between 5 to 14 business days to be delivered to Australian non metropolitan areas (including to Western Australia and Northern Territory).

The Customer must ensure their shipping address is accurate and notify their local Mr. Smith Business Consultant to make any changes prior to placing an order. If their order is returned due to an incorrect address, they may be charged for re-delivery.

Mr. Smith’s delivery service providers may change their fees from time to time and accordingly you agree that Mr. Smith may vary the fees applicable to orders at any time on notice, and that such notice is given by posting the updated postage fees on mr-smithpro.com.au.

The Goods shall be delivered to the Customer’s address here in, or as otherwise notified to the Supplier at the time of order. From the time of dispatch from the Seller’s premises and until delivery, the risk of any loss or damage to or deterioration of the Goods for whatever cause arising shall be borne by the Customer unless the Supplier arranges delivery or is otherwise agreed by the Supplier and Customer.

Mr. Smith will not be liable for any failure to deliver the Goods or Services if the failure arises as a consequence of fire, embargo, strike, inability to secure materials or labour, or any other circum-stances beyond the control of the Seller.

Lost or Damaged Orders

Mr. Smith agrees to use all reasonable efforts to package orders carefully to avoid any damage incurred during delivery.

If the Customer is concerned that their order has been lost or misdelivered, please contact us online, as soon as possible so that an investigation can take place. The Customer understands that, while Mr. Smith may investigate a missing order, we make no representations as to responsibility or liability for any lost or misdelivered orders.

In the event of items lost or damaged in transit, the Customer acknowledges that Mr. Smith’s liability is limited to the amount of any compensation that Mr. Smith is able to recover from its delivery service provider, less Mr. Smith’s reasonable costs of investigating and applying for any compensation, unless otherwise required by law.

Upon receipt of the Products, the Customer must inspect the Products and note any discrepancy, visible defect and/or damage in the deliveries on the packing slip sent with the shipment.

The Customer must then contact the Seller in writing with photographic evidence of such discrepancy, visible defect and/or damage in the deliveries within 5 business days upon receipt of the Products (‘Claim’). After 5 business days, the Customer will be deemed to have accepted the Products and Mr Smith will not consider any Claim, subject to applicable law. Mr. Smith may also refuse to consider any Claim where the Claim procedure has not been followed. This clause does not limit the Customer’s rights or Mr. Smith’s obligations under the Competition and Consumer Act 2010 (Cth).

Mr. Smith will replace damaged or faulty products unless there are reasonable grounds to believe that the Customer has caused or contributed to the lost, damaged or faulty products. A damaged or faulty product will be replaced with an identical product upon receiving the return of the original damaged product. If the order included a product that was part of a limited edition or included a product that is no longer stocked by Mr. Smith, the Customer acknowledges that Mr. Smith may not be able to provide a replacement with an identical product.

Returns

Any returns (arising under any circumstance whatsoever) must be authorised by Mr. Smith, before the Customer issues the return and may incur a restocking or processing charge (up to and including 25% of total products invoiced). Please note that products cannot be exchanged or refunded if you simply change your mind. Subject to applicable law, any Product which:
(i) bears or has borne price stickers or has been damaged or defaced by the Customer in any way; or
(ii) has been stored in conditions that are abnormal or incompatible with its nature, will not be accepted for return by Mr Smith.

Returned goods will only be accepted for credit if the goods are in a resalable condition as well as in original packing and with all product documentation included. Where the discrepancy, defect or damage the subject of the Claim is properly notified and evidenced by the Customer and acknowledged by Mr. Smith, Mr. Smith may at its sole discretion either replace at its expense the miscounted, defective and/or damaged Products or issue a credit note in favour of the Customer for the amount of the missing, defective and/or damaged Products. Products delivered in excess and reported within the appropriate discrepancy period can be returned to Mr. Smith or will be invoiced to the Customer if the Customer accepts the Products in excess.

Notwithstanding that any sample of the Goods or Services has been exhibited to and inspected by the Customer, it is agreed that such sample was so exhibited and inspected solely to enable the Customer to judge for himself of the quality of the Goods or Services and, not so as to constitute a sale by sample under the Contract. The Customer shall take the Goods or Services at his own risk as to their corresponding with the sample, or as to their quality, condition or sufficiency for any purpose.

Product Use and Information

Product detail set out at mr-smithpro.com.au may, from time to time, include advice, recommendations, information or assistance in relation to Mr. Smith products, their use or application. Mr. Smith provides such information in good faith but does not provide any warranty of accuracy, appropriateness or reliability.

Information and advice given by Mr. Smith is general in nature and is not intended to diagnose, treat, cure or prevent any condition or disease or constitute or be a substitute for professional or medical advice. You should seek appropriate professional or medical advice if necessary.

All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. If sensitivity or an allergic reaction occurs, stop using the product and consult a medical professional for attention.

Mr. Smith will have no liability or responsibility (including liability for negligence) for any loss suffered because of your or any other person’s reliance on any information or advice provided at mr-smithpro.com.au, unless otherwise required by law.

Australian Consumer Law

If the goods or services supplied by Mr. Smith are other than of a kind ordinarily acquired for personal, domestic or household use or consumption and if Mr. Smith is liable for a failure to comply with a guarantee contained in Division 1 of Part 3-2 (Consumer Transactions) of the Australian Consumer Law (ACL), other than a guarantee under sections 51, 52 or 53 of the ACL, then Mr. Smith’s liability for such failure will, to the extent permitted by law, be limited to one of the following at Mr. Smith’s election:

(a) in the case of goods: the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of having the goods repaired.

(b) in the case of services: the supplying of the services again; or the payment of the cost of having the services supplied again.

Mr. Smith may require the Customer to provide proof of your purchase of the relevant goods when assessing whether to repair, replace or provide a refund in accordance with the Australian Consumer Law.

Nothing in these terms and conditions is intended to operate to exclude any right, guarantee or warranty that the Customer is entitled to by law. All other guarantees, conditions, warranties and liabilities (including for negligence) are excluded to the maximum extent permitted by law.

Mr. Smith will not be liable for any consequential loss or damage or other direct or indirect loss or damage, except where the Seller is unable to limit or exclude any such loss or damage under the ACL.

If for any reason the ACL doesn’t apply to an order placed with Mr. Smith, then Mr. Smith expressly excludes all liability to the Customer and will only issue a refund of an order placed if it cannot be filled, if Mr. Smith considers it reasonable to do so, or otherwise as may be agreed in writing.

Force Majeure

At times, circumstances beyond the reasonable control of Mr. Smith (including, but not limited to, strikes, floods, fires and extreme weather events, computer malfunctions, failure of service providers to perform services or injury or illness of key personnel) may affect Mr. Smith’s ability to carry out its obligations to you. Should this occur, you release Mr. Smith from any obligation to dispatch your order while those circumstances continue.

Whilst the force majeure circumstances continue, Mr. Smith may choose to cancel your order, or otherwise to complete your order once the force majeure event has come to an end. If a major delay is anticipated, Mr. Smith will contact you to discuss alternative arrangements.

Privacy

Mr. Smith is dedicated to keeping your details private. Your use of this website is subject to our Privacy Policy, which outlines how we collect, use, and protect your personal information. We may use your data for order processing, marketing, and to assess creditworthiness.

Online Security

When you place an order through mr-smithpro.com.au, your payment information is protected using 256-bit SSL encryption and processed through secure, PCI DSS-compliant payment gateways. This ensures your personal and payment details remain safe during transmission.

We do not store your complete credit card details on our servers. All transactions are handled directly by our trusted payment providers.

If you have any concerns about your payment security, please contact us online.

Dispute Resolution

If a dispute arises, please contact us in writing at support@mr-smithpro.com.au. We will attempt to resolve the issue within 30 business days. If unresolved, both parties agree to attend mediation in Melbourne, Victoria, unless otherwise agreed. Each party will bear their own costs. Legal proceedings may not commence until this process has been followed, except in urgent cases.

Entire Agreement

These Terms and Conditions, along with our Privacy Policy, represent the entire agreement between you and Mr. Smith and override any previous terms.

Mr. Smith reserves the right to update the terms and conditions at their own discretion.

If you have any questions, contact us at yes@mr-smith.com.au.