Terms of service

This agreement forms a contract between you and MLC Pty Ltd trading as Smarty Supplies (we, us or our) when you shop using the Smarty Supplies website (Website).

By purchasing products from this Website (Products), you agree to be bound by these terms and conditions. Please read them carefully before placing an order.

We reserve the right to amend these terms and conditions at any time. The terms and conditions that apply to your order will be those in force at the time you place the order (or, in the case of subscription orders, those in force at the time we issue the Dispatch Confirmation).

You should review these terms each time you place an order.

1. Australian Consumer Law

This clause applies where you acquire Products as a “consumer” for the purposes of the Australian Consumer Law (ACL) under Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Our Products come with guarantees that cannot be excluded under the ACL. You are entitled to a replacement or refund for a major failure, and compensation for any other reasonably foreseeable loss or damage.

You are also entitled to have Products repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.

Nothing in these terms excludes, restricts or modifies your rights under the ACL. If any part of these terms conflicts with the ACL, it will not apply to the extent of the inconsistency.

2. Service Availability

The Website is intended for use by individuals residing in Australia. We do not accept orders from outside Australia.

3. Your Status

By placing an order through the Website, you confirm that:

  • You are legally capable of entering into binding agreements.
  • You are at least 18 years old.
  • You reside in Australia.
  • You are accessing the Website from within Australia.

4. Orders

Once you place an order, you will receive an acknowledgement email confirming receipt. This does not mean your order has been accepted.

Your order constitutes an offer to purchase Products. All orders are subject to acceptance by us.

Acceptance occurs when we send you a Dispatch Confirmation email confirming that your Product has been shipped. A binding contract is formed only at that time.

The contract relates only to the Products confirmed in the Dispatch Confirmation. Any additional items will be subject to separate acceptance.

5. Subscriptions

If you order Products via a subscription:

  • Your order constitutes a series of offers to purchase Products at the selected frequency.
  • Each order is accepted only when we send a Payment Notification confirming the charge.
  • A contract is formed at the time of the Payment Notification.

By subscribing, you agree to recurring charges until you cancel the subscription.

  • You may cancel at any time, however orders already processed or dispatched cannot be cancelled.
  • No fee applies for cancelling a subscription.
  • Products remain subject to availability, and we do not guarantee ongoing supply.

You can cancel your subscription via your account on the Website or by emailing us at hello@smartysupplies.com.au.

We reserve the right to cancel any subscription at our discretion.

You are responsible for ensuring your account details (including delivery address) are up to date.

6. Vouchers and Gift Cards

We may offer vouchers, discount codes or gift cards (Vouchers). By redeeming a Voucher, you agree to these terms.

  • Vouchers can only be used once and cannot be copied, reproduced or distributed without permission.
  • Only one Voucher may be used per order.
  • Discounts apply to Product prices only and exclude delivery charges.
  • Vouchers must be redeemed through the Website at checkout.
  • We may withdraw or cancel Vouchers (excluding paid gift cards) at any time.
  • We may exclude Voucher use on selected Products.

7. Availability and Delivery

Delivery timeframes will be as stated in the Dispatch Confirmation or, if not specified, within 30 days, unless exceptional circumstances apply.

8. Risk and Title

Risk and ownership of the Products pass to you upon delivery, provided full payment (including shipping) has been received.

9. Price and Payment

  • Product prices and delivery charges are as displayed on the Website.
  • Prices include GST where applicable.
  • Prices may change at any time, but changes will not affect orders already confirmed.

Accepted payment methods include credit/debit cards and other payment options displayed on the Website.

10. Refund Policy

In addition to your rights under the ACL, our refund and returns process is outlined in our Return Policy available at: https://smartysupplies.com.au/policies/refund-policy

11. Warranty

We warrant that Products will, on delivery:

  • Match their description.
  • Be of acceptable quality.
  • Be reasonably fit for their intended purpose.

12. Liability

To the maximum extent permitted by law:

  • Our liability is limited to the replacement or refund of the Product.
  • We are not liable for indirect or consequential losses (including loss of profit, revenue, or data), unless caused by negligence or fraud.
  • You are similarly not liable to us for indirect or consequential losses unless caused by negligence or fraud.

Nothing excludes liability for:

  • Death or personal injury caused by negligence.
  • Fraud or fraudulent misrepresentation.
  • Breaches of the ACL.
  • Any liability that cannot be excluded by law.

13. Notices

Notices must be sent to: hello@smartysupplies.com.au

We may notify you via:

  • The Website.
  • Email.
  • Postal address provided by you.

Notices are deemed received:

  • Immediately when posted online.
  • 24 hours after email is sent.
  • Three days after postal dispatch.

14. Transfer of Rights

You may not assign or transfer your rights under this agreement without our written consent.

We may assign or transfer our rights and obligations at any time.

15. Intellectual Property

All Website content is owned by or licensed to us.

You may:

  • View or print content for personal use only.

You must not use content for commercial purposes without permission.

By submitting reviews or comments, you grant us permission to use them for marketing or promotional purposes.

16. Events Outside Our Control (Force Majeure)

We are not responsible for delays or failure to perform obligations due to events beyond our control, including natural disasters, industrial action, war, or government restrictions.

17. Waiver

Failure to enforce any right does not constitute a waiver of that right.

18. Severability

If any provision is found to be invalid or unenforceable, the remaining provisions will continue in full effect.

19. Entire Agreement

These terms and referenced policies constitute the entire agreement between you and us and supersede all prior discussions or agreements.

20. Governing Law

These terms and conditions are governed by the laws of New South Wales, Australia.

Any Contract formed under these terms and conditions, and any dispute arising in connection with it, will be subject to the non-exclusive jurisdiction of the courts of New South Wales and any courts competent to hear appeals from those courts.

Your rights under the Australian Consumer Law remain unaffected.