Offer of the Month: Complimentary Sachets

Offer available on purchases made via the Mr. Smith PRO Store Only, during the month of October. There is no limit on the number of purchases, however, a minimum order of $200 applies. Spend excludes shipping, taxes and credit card charges. Complimentary shipping will automatically be applied at checkout.

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.

Definitions

In this document, “GST” refers to Goods and Services Tax, or any similar replacement tax. “Supplier,” “Seller,” or “Mr. Smith” refers to Mr. Smith Australia. “Customer” refers to the purchaser of goods or services from Mr. Smith. “Goods” means any products sold, while “Services” refers to any services provided. A “Quote” refers to a pricing estimate, valid for 30 days, and excluding GST unless otherwise specified.

Orders and Online Sales

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 and receive related communications including confirmations, delivery updates (including emails and SMS).

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.

Pricing and Payment Terms

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.

Accepted payment methods include Credit Cards such as Visa, Mastercard, and American Express. A surcharge of 2% applies to all credit card payments.

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.

Mr. Smith does not accept payment by cheque, unless otherwise agreed in our sole discretion. Mr. Smith reserves the right to charge the Customer any applicable bank charges, card merchant fees or costs relating to such payment of invoices.

We also accept payments via bank transfer. For any electronic bank transfer, the Customer must ensure the Mr. Smith invoice number and account name 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. If a request for payment is returned or denied by your financial institution or is unpaid by you for any other reason, then you may be liable for any associated costs incurred by Mr. Smith (including bank fees and charges).

For customers approved for COD, payment in fully cleared funds is required before products will be shipped.  

Opening Parcels are subject to specific Opening Parcel Commitment Form terms and conditions that will be provided to you.

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. 

Mr. Smith may suspend deliveries, revoke payment terms, or require upfront payment in the event of overdue accounts. If a request for payment is returned or denied by your financial institution or is unpaid by you for any other reason, then you may be liable for any associated costs incurred by Mr. Smith (including bank fees and charges).

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).

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.

Title & Risk

Title and ownership of all products ordered from mr-smithpro.com.au shall be retained by Mr. Smith until such time as payment in full is received (including for delivery or other charges). Risk in each order passes to you on delivery to your nominated delivery address. You or a person nominated by you must sign for your delivery. The order will be taken to have been delivered on the leaving of the order with that third party.

If Mr. Smith accepts a return of any goods, risk in those goods will revert to Mr. Smith on its confirmation of receipt of the returned goods. 

Lost or Damaged Orders

If you are concerned that your order has been lost or misdelivered, please contact us online, as soon as possible so that an investigation can take place. You understand 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, you acknowledge 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.

Mr. Smith agrees to use all reasonable efforts to package orders carefully to avoid any damage incurred during delivery.  If, however, your order is badly damaged in transit please contact us online for an application for replacement. 

Mr. Smith will replace damaged or faulty products unless there are reasonable grounds to believe that you have 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 from you. 

If your order included a product that was part of a limited edition or included a product that is no longer stocked by Mr. Smith, you acknowledge that Mr. Smith may not be able to provide a replacement with an identical product.

Returns and Refunds

We’re dedicated to delivering high quality products, but if your order is damaged or faulty, please get in contact with us online. Change-of-mind returns are not available. You must notify Mr. Smith in writing and within five business days of receiving your order if there is an issue.

Returned products must be authorised in advance, unused, in original packaging, and include all documentation. A restocking fee of up to 25% may apply. Items damaged by the customer or stored improperly will not be accepted. Credit or replacements are issued at Mr. Smith’s sole discretion

Reservation of Title

All goods supplied remain the property of Mr. Smith until full payment has been received. Until then, you hold the products as fiduciary and must store them separately, clearly indicating they remain Mr. Smith’s property. You must not remove any labels or markings on the goods. If you become insolvent or fail to make payment, Mr. Smith may enter your premises to repossess the goods.

Reseller Obligations

If a salon or reseller, you agree to act as an independent merchant and not to sell Mr. Smith products online or outside your authorised premises. All sales must comply with applicable laws and reflect positively on the Mr. Smith brand. You must not make misleading claims or offer unapproved warranties. You are also responsible for ensuring your staff, contractors, and agents comply with these terms.

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 you 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 you are 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 we are 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 you place with Mr. Smith, then we expressly exclude all liability to you 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 Policy

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.

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.

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