Terms & Conditions
Terms & Conditions
Please take the time to read these Terms and Conditions carefully.
By accessing and using us.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 Terms may only be varied by a written agreement signed by Mr. Smith. Mr. Smith reserves the right to revise these Terms, the Privacy Policy, and any other website materials simply by publishing amended versions 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 will not constitute a waiver of such rights unless such waiver is granted to you in writing. These Terms 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 or is not invalid. If that is not possible, the term will be severed from these Terms without affecting the validity of the remaining terms.
If you have any questions, contact us at support@mr-smithpro.com.
Minis Opportunity. Major Value.
Mini offer available until end of December 2025 on eligible purchases, or while stock lasts. Complimentary Mini Travel Bags will be automatically added to cart when relevant Minis volume is reached. No order limit. Offer applies to each order, multiple orders allowed.
It's Gifting. Elevated.
Offer valid while stocks last. A minimum of 3 Gift Boxes per order applies, with mix-and-match selections permitted across Balancing, Hydrating and Restore Gift Boxes. Maximum of 1 parcel per order. Not available in conjunction with any other offer or discount.
Complimentary Shipping.
Complimentary shipping applicable to all orders over $200, valid until the end of December 2025.
Processing Fee
A flat 3% processing fee will be charged on the total order value for all purchases. This fee covers payment processing and administrative costs associated with each order.
Definitions:
In this document, “Supplier,” “Seller,” or “Mr. Smith” refers to Mr. Smith LLC. “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, excluding applicable sales tax unless otherwise specified.
Orders and Online Sales
Whilst Mr. Smith will take all reasonable steps to ensure information provided on us.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 the website 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 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, including if a transaction is suspected to have been made without proper authority.
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 and delivery updates.
Account Responsibility and Website Use
You must provide accurate and complete information about yourself when requested by any relevant form on the website. 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 arising from your use of the website, any breach of these Terms, or any claim that your use of the website infringes the intellectual property rights of any third party or is defamatory.
Pricing and Payment Terms
All prices on the website are listed in United States Dollars (USD) and exclude 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. Prices may vary from time to time and notice of any price changes will be posted on the website.
Accepted payment methods include Credit Cards such as Visa, Mastercard, and American Express. A surcharge of 3% applies to all orders.
Payment facilities are provided by third parties and are made available for convenience only; Mr. Smith shall have no responsibility for any issues arising out of those facilities.
Mr. Smith may also accept payment via bank transfer - please contact your Business Consultant to enquire; customers must include invoice numbers and account names to ensure payments are correctly referenced.
Opening Parcels are subject to specific Opening Parcel Commitment Form terms and conditions that will be provided to you.
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).
Mr. Smith reserves the right to amend or revoke payment terms in its absolute discretion.
Delivery
Mr. Smith’s business days are Monday through Friday, excluding U.S. federal holidays. Orders are dispatched using trusted U.S. delivery services and are generally dispatched within 1–4 business days and delivered within 5-14 business days, though times may vary depending on location. Items classified as dangerous goods, such as aerosol products, may take longer to deliver. Customers must ensure shipping addresses are accurate; incorrect addresses may incur re-delivery charges. Delivery fees may change from time to time and updates will be posted on the website.
Title & Risk
Title and ownership of all products ordered shall be retained by Mr. Smith until full payment is received, including for delivery or other charges. Risk passes to you on delivery to your nominated address and a signature may be required. If Mr. Smith accepts a return of any goods, risk in those goods will revert to Mr. Smith on confirmation of receipt.
Lost or Damaged Orders
Customers should contact Mr. Smith promptly if an order is lost or damaged. Liability is limited to the amount recoverable from the delivery provider, less reasonable investigation costs, unless otherwise required by law. Damaged or faulty products will be replaced at Mr. Smith’s discretion. Replacement may not be possible for limited edition or discontinued products.
Returns and Refunds
Change-of-mind returns are not available. You must notify Mr. Smith in writing within five business days of receiving an 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. Credit or replacements are issued at Mr. Smith’s discretion.
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.