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.

Dynamic Duos

• Eligibility: Exclusive to authorized Mr. Smith Professional/B2B account holders.
• Minimum Order (MOQ): A strict minimum of 3 units per category applies 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 (USD $50.13 value)
• Purchase 12 units, receive 2 Backbar (USD $100.26 value)
• Purchase 18 units, receive 3 Backbar (USD $150.39 value)
• Purchase 24 units, receive 4 Backbar (USD $200.52 value)
• Purchase 48 units, receive 9 Backbar (USD $451.17 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.

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 United States Dollars (AUD) and exclude any applicable sales tax 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 us.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 ACH 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.

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

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

The Customer must ensure that payment in fully cleared funds is made before products will be shipped. In the case where the Customer is granted payment terms in writing by a valid Mr. Smith representative, they must pay by the due date of the invoice. 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.

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 for 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.

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 us.mr-smithpro.com.au, unless otherwise required by law.

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.

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.

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.

Reservation of Title

All goods supplied remain the property of Mr. Smith until full payment is received. You must store goods separately and clearly indicate that they remain the property of Mr. Smith. Labels must not be removed. If you become insolvent or fail to pay, Mr. Smith may repossess the goods.

Reseller Obligations

Salon or reseller customers agree to act as independent merchants and must not sell Mr. Smith products online or outside authorised premises. Sales must comply with all laws and reflect positively on the Mr. Smith brand. You are responsible for ensuring staff, contractors, and agents comply with these Terms.

Product Use and Information

Product details on the website may include general advice or recommendations. This information is provided in good faith but is not a substitute for professional or medical advice. Products should be used according to instructions, and ingredients should be checked to avoid allergic reactions. Mr. Smith is not liable for loss arising from reliance on such information, unless required by law.

U.S. Law and Limitation of Liability:

To the extent permitted by law, Mr. Smith’s liability for defective products is limited to replacement, repair, or refund. Mr. Smith will not be liable for indirect, consequential, or punitive damages.

Force Majeure

Mr. Smith is not liable for delays caused by circumstances beyond its reasonable control, including natural disasters, strikes, carrier issues, or illness. Orders may be cancelled or fulfilled once the event ends.

Privacy Policy

Mr. Smith collects personal data for order processing, marketing, and assessing creditworthiness. U.S. customers are protected under CCPA and other applicable privacy laws. EU customers retain GDPR rights. Personal data will not be sold, and all data is secured through encryption and secure storage.

Online Security

Payments are protected using 256-bit SSL encryption and PCI-compliant gateways. Credit card details are not stored on Mr. Smith servers.

Dispute Resolution

If a dispute arises, contact support at support@mr-smithpro.com. Mr. Smith will attempt resolution within 30 business days. If unresolved, both parties agree to mediation in New York, NY, unless otherwise agreed. Legal proceedings may not commence until this process is followed, except in urgent cases.

Entire Agreement

These Terms and Conditions, along with the 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.