Terms & Conditions

TERMS & CONDITIONS OF USE OF ONLINE STORE

Please take the time to read these terms and conditions carefully. If you shop on mr-smith.com.au, you will be deemed to have read, understood and accepted these terms and conditions.  These terms and conditions may only be waived or varied in writing signed by Mr. Smith.  If you have any questions or concerns about these terms and conditions, or any purchase you make through mr-smith.com.au, please don’t hesitate to contact us.

Online Sales

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

Following submission of orders through mr-smith.com.au, no agreement will take place until such time as Mr. Smith processes and accepts the order and sends a confirmation email.  By placing an order online, you consent to receiving communications (including emails) from Mr. Smith to complete the ordering process (e.g. to confirm your order and to provide fulfilment and delivery updates). In addition, when you create an account with Mr. Smith, you acknowledge that your email address will be added to the Mr Smith mailing list.

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.

Your Account

You must provide accurate and complete information about yourself when requested by a relevant form on mr-smith.com.au.  You are responsible for maintaining the confidentiality and security of your account, log-in 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-smith.com.au, any breach by you of these terms and conditions of use, or a claim that your use of mr-smith.com.au infringes any intellectual property rights of any third party or is defamatory.

Payment

Mr. Smith accepts the following forms of payment:  Credit card (Amex, Visa and MasterCard) via Stripe.

The Stripe facility is provided by a third party and is made available to you on mr-smith.com.au for convenience only.  By using this facility, 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 that facility. If you have an issue with the third party provider on mr-smith.com.au, please contact that third party directly.

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-smith.com.au.

Payment in fully cleared funds is required before products will be shipped. 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 of Products

Mr. Smith delivers products within Australia only using delivery service providers.  The delivery fee for all orders will be a flat fee of $9.95 (excluding GST).

Mr. Smith will use its best endeavours to ship orders in accordance with the following delivery timelines:

For orders to be shipped to Australian metropolitan areas (excluding in Western Australian and Northern Territory), Mr. Smith will endeavour to have orders delivered between 1 and 3 business days.

For orders to be shipped to Australian non metropolitan areas (including to Western Australia and Northern Territory), Mr. Smith will endeavour to have orders delivered between 3 and 4 business days.

Please note that, due to postal restrictions, all orders which include products classed as ‘dangerous goods’, including aerosol products (such as dry shampoo products, hairsprays, mousses, etc.) must be shipped via road transportation due to the inherent nature of the aerosol products themselves. 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 10 business days to be delivered to Australian non metropolitan areas (including to Western Australia and Northern Territory).

Mr. Smith’s business days are Monday through Friday, excluding public holidays in Melbourne, Victoria.  Orders placed after 2pm will not be processed until the following business day.  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.

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

You agree that any person at the delivery address who receives the products is authorised by you to receive your order.  If no-one is available to collect your order at the time of delivery, the delivery service provider may leave written instructions on how you can collect your order from the nearest Post Office or depot.

It is your responsibility to ensure that your delivery address details are correct. Mr. Smith will not be responsible for any incorrect or failed deliveries in circumstances where you have failed to supply current, accurate delivery address details.  If your order is undelivered due to your error and returned to us, Mr. Smith reserves the right to require you to pay further postage fees or to cancel your order and issue a refund in accordance with these terms and conditions.

Title & Risk

Title and ownership of all products ordered from mr-smith.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 must sign for your delivery, unless you have given authority to leave it unattended.  If you have given authority to leave your order unattended at the delivery address, the order will be taken to have been delivered on the leaving of the order at the nominated delivery address. If you allow a third party at the delivery address to 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

Please note that standard delivery service does not come with tracking details.  If you are concerned that your order has been lost or misdelivered, please contact Mr. Smith as soon as possible so that an investigation can take place.  You understand that, while Mr. Smith may investigate a missing order, Mr. Smith makes 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 at yes@mr-smith.com.au 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. You and Mr. Smith shall equally bear all postage costs associated with any such replacement.  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.

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.

Product Information

Product detail set out at mr-smith.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-smith.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 you 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 Policy

When you place orders with Mr. Smith, your financial details will be passed through a secure server using the latest 128- bit SSL (secure socketslayer) encryption technology.  If you have any questions regarding our security policy, please contact our customer support centre by email to shop@mr-smith.com.au.

Privacy Policy

Mr. Smith is dedicated to keeping your details private. Use of mr-smith.com.au is subject to Mr. Smith’s Privacy Policy which can be viewed by clicking here.

Dispute Resolution

If a dispute arises which pertains to these terms and conditions, or if you are unhappy with your product for any reason, please contact Mr. Smith at shop@mr-smith.com.au in the first instance and Mr. Smith shall use its best efforts to resolve the issue to the mutual satisfaction of both parties.  If Mr. Smith is unable to resolve a dispute within 30 business days, the parties agree to refer the matter to mediation in Melbourne, Victoria (unless an alternative venue is agreed by the parties in writing), with the costs of such mediation to be borne by the parties equally.

Each party agrees that it will not commence any proceedings in a Court or Tribunal until this clause has been complied with (other than in cases where interlocutory relief is being sought).

General Terms & Conditions

All prices quoted on mr-smith.com.au are in Australian Dollars (AUD) and include GST. 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.

These terms shall be governed by and construed in accordance with the laws of Victoria, Australia. Any dispute under these terms shall be subject to the exclusive jurisdiction of the courts of Victoria, and you hereby submit to the jurisdiction of such courts for such purposes and waive any and all objections to jurisdiction or venue in such courts.

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.

These terms and conditions, the Mr. Smith Privacy Policy and any other website terms and conditions consist of the entire agreement between Mr. Smith and you as regards the subject matter.

Need more help?

Please feel free to contact Mr. Smith with any questions by emailing Mr. Smith at shop@mr-smith.com.au.