Terms & Conditions
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.
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.
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.
Mr. Smith accepts the following forms of payment: Credit card (Amex, Visa and MasterCard) via Stripe, PayPal and Afterpay.
These payment facilities are provided by third parties and are made available to you on mr-smith.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-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.
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 email@example.com 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 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.
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 sockets layer) encryption technology. If you have any questions regarding our security policy, please contact our customer support centre by email to firstname.lastname@example.org.
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 email@example.com 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
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.
Need more help?
Please feel free to contact Mr. Smith with any questions by emailing Mr. Smith at firstname.lastname@example.org.
Mr. Smith Pigment Giveaway
Terms and Conditions
Win a Mr. Smith prize pack
Game of Chance
To enter: visit https://mr-smith.com.au/
(Terms and Conditions)
1. Information on how to enter and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these
2. Entry is only open to Australian residents only.
3. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter.
4. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
5. Incomplete, indecipherable or illegible entries will be deemed invalid.
6. Multiple entries permitted, subject to the following: (a) only one entry permitted; and (b) each entry must be submitted separately and in accordance with entry requirements.
7. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
8. Promotion begins 21/04/2021 and closes at the close of business on 09/05/2021.
9. The Promoter’s decision is final and no correspondence will be entered into.
10. The Major Prize drawn.
11.Total value of prize is $250
- $250 Pigments Pack
12. The Major Prize has been sourced by Mr. Smith
13. Prize is not NON-TRANSFERABLE/NON-EXCHANGEABLE/NON-REPLACEABLE/NON-UPGRADEABLE and cannot be redeemed for cash.
14. The major prizewinner will be notified by email. The winners name will also be published on the Mr. Smith social media channels.
15. Subject to the unclaimed prize draw clause, if for any reason the winner does not take the prize (or an element of the prize), then the prize (or that element of the prize) will be forfeited.
16. If the prize (or part of a prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
17. Total prize pool value is up to $250
18. The prize is not transferable or exchangeable and cannot be taken as cash.
19. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
20. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
21. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
22. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.
23. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of a prize.
24. The Promoter collects personal information in order to conduct the promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, and prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to opt out, access, update or correct information to the Promoter. All entries become the property of the Promoter.
25. Please note that entry into this competition is deemed automatic consent to be added to Mr. Smith database
26. In the instance where the original winner doesn’t claim the prize then a redraw will take place, the re draw winner will be notified in writing whilst having their details published on the Mr. Smith social media channels.
27. The re draw will take place on 17/05/2021
28. The Promoter is Mr. Smith ABN: 13 154 199 103