This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website MISTER-AUTO.CO.UK (our site) to you. Please read these terms and conditions carefully and make sure that you understand them, before ordering any Products from our site.
You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
Mister-Auto SAS operates the website MISTER-AUTO.CO.UK. We are a company registered at the register of companies of Lyon in France under company number 508 332 244 and with our registered office at 19 rue Alfred de Musset, 69100 Villeurbanne, France.
Our trading address in the UNITED KINGDOM is at 4 th Floor Lincoln House 300 High Holborn, London, WC1V 7JH. Our VAT number is n° 117 2304 52.
We do not accept orders placed through our site from addresses outside the UNITED KINGDOM.
By placing an order through our site, you warrant that:
4.1 Orders may be placed through our site MISTER-AUTO.CO.UK or by telephone (number 0333 336 54 81).
4.2 Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail confirming acceptance of your order by us (Order Confirmation). The contract between us (Contract) will only be formed when we send you the Order Confirmation.
4.3 The Contract will relate only to those Products whose dispatch we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Order Confirmation.
4.4 Subject to clause 8, we reserve the right to refuse to process an order if:
5.1 In order to be able to order from our site, we are required to process information about you. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
5.2 Prior to processing an order, we may need to collect information about your identity. We, therefore, reserve the right to ask you to provide the following a copy of your passport as well as a copy of a recent utility invoice.
5.3 We will only use the personal information you provide to us to supply the Products or to inform you about similar products which we provide, unless you inform us in writing that you do not want to receive them.
5.4 You hereby acknowledge and agree that we may pass you details to the companies which deliver the Products to you or any credit organisation which provide you with the funds to purchase the Products.
5.5 Protection of your email address:
Mister Auto does not share your email address with any third parties. It is solely used for communication purposes between our company and yourself. Communication includes sending regular Newsletters and follow-up emails related to your order. You will be receiving partner's newsletters only if you have subscribed to these. All emails sent by Mister Auto include a link to unsubscribe at the bottom of the page. You can unsubscribe to our Newsletter by informing us in writing via firstname.lastname@example.org. It is also possible to send us a printed letter to the following address: 4 th Floor Lincoln House 300 High Holborn London, WC1V 7JH or by calling us on 0333 336 54 81 between Monday to Friday from 9am to 5pm to get more information about your rights as customer.
6.1 If you are contracting as a consumer, you may cancel a Contract at any time within fifteen (15) working days, beginning on the day you received the Products. Provided that you have complied with clause 9.1, you will receive a full refund of the price paid for the Products in accordance with clause 13.1(a).
6.2 To cancel a Contract, you must inform us by e-mail or by telephone. You must also return the Products to us as soon as reasonably practicable, and at your own cost. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
6.3 Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in the Order Confirmation. This provision does not affect your other statutory rights as a consumer.
7.1 Notwithstanding clause 6 above but subject to clause 7.2 and 7.3, you have the right to cancel the Contract when:
7.2 If, pursuant to clause 7.1, it is apparent at the time of delivery that the Products are damaged, defective or do not comply with the terms of your order, you must refuse to take delivery of the Products and you must immediately notify the reasons for your refusal.
7.3 If, however, it is not apparent at the time of delivery that the Products are either damaged, defective or do not correspond to your order, you must inform us by e-mail of by telephone within fifteen (15) working days, beginning on the day you received the Products. Your request to cancel must contain the following details:
Once we have examine the returned Products and confirmed to you via e-mail that you are entitled to a refund, you will receive a full refund of the price paid for the Products in accordance with clause 13.1(b).
Subject to clause 4.3, we reserve the right to cancel an order (event if an Order Confirmation has been issued) if:
9.1 Any Products returned in accordance with clause 6.1 or clause 7.1, shall be subject to the following conditions:
9.2 We reserve the right to refuse delivery of Products which are not returned in accordance with the policy set out at clause 9.1 above.
10.1 Your order will be fulfilled by the delivery date set out in your order. Unless otherwise agreed in writing, no delivery will take place outside the UNITED KINGDOM.
10.2 We shall not be liable for your failure to provide a complete and correct delivery address in your order, which means that it is your responsibility to ensure that you have supplied us with the correct details.
10.3 Once we have issued an Order Confirmation, we have no obligation to amend your delivery address or to substitute it for another address.
Delivery of the Products will normally take between 3 to 5 working days from the date on which you place your order. However, this may vary depending on your place of delivery. Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence.
10.4 In the case of unavailability of some of the Products you have ordered, we reserve the right to deliver only those Products which are available for delivery. Any refund shall be made by us in accordance with clause 13.2.
10.5 We shall not be liable for any delay in delivery of the Products that is caused by a Force Majeure Event (as defined in clause 17) or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Products.
11.1 The Products will be your responsibility from the time of delivery.
11.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
12.1 The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
12.2 Unless otherwise stated, the price of the Products is exclusive of the costs and charges of packaging, insurance and transport of the Products, which shall be invoiced to you separately.
12.3 Product prices as shown on our site are inclusive of VAT. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
12.4 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
12.5 If the pricing error is obvious and unmistakeable and could have reasonably recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.
12.6 The price of the Products together with any costs and charges relating to packaging, insurance and transport of the Products will show on the invoice which we will issue to you after the Order Confirmation has been sent.
12.7 Payment for all Products can be made either by credit or debit card (VISA, MasterCard, American Express, Maestro), or bank transfer. In the case of a bank transfer payment, we will not dispatch your order until your payment has been received in cleared funds.
12.8 On-line payments are operated through RBS WorldPay, a secured on-line payment system. You hereby confirm that you have the required facilities to use this payment system when placing an order.
13.1 If you return the Products to us:
13.2 Any refund under clause 6, 7, 8 or 10.4 shall be made using the same method originally used by you to pay for your purchase.
14.1 Subject to clause 14.2, we warrant that on delivery the Products shall:
14.2 Unless otherwise agreed in writing, we provide no warranty or guarantee in respect of the Products. Some manufacturers, however, offer such warranty or guarantee. Products returned to the manufacturer are returned at your own cost.
14.3 Notwithstanding clause 14.2, we may refund any Products which we agree to be defective with [twelve (12) calendar months] of despatch of the Products to you. You are required to provide evidence that the Products in question are defective by producing a report from an independent expert. A copy of that report must be communicated to our customer service as soon as possible from the date on which the defect is discovered and, in any event, before the end of the [twelve (12) calendar months] period referred to above in this clause. Upon receipt of the report, we will issue you with a client reference number as well as details about the procedure to return the defective Products. Provided that we are satisfied that the Products are defective, we shall reimburse you:
14.4 No refund shall be available under clause 14.3 in any of the following events:
15.1 We placing an order through our site or on the telephone, you are responsible to ensure that your order contains the correct information about the intended place of delivery and the quantity and quality of the Products you have ordered. We shall have no liability for any loss, damage, costs or expenses which you may suffer as a result of your failure to comply with this clause 15.1.
15.2 We cannot make any representation as to the suitability or fitness for purpose of any of the Products for use with a particular vehicle and it is your responsibility to ensure that the Products are suitable for use with the intended vehicle prior to use. For the avoidance of doubt, we shall have no liability for any loss, damage, costs or expenses which you may suffer as a result of fitting or using the Products with a non-compatible vehicle, notwithstanding that the details of your vehicle may have been provided in your order.
15.3 Subject to clause 15.5, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products.
15.4 Subject to clause 15.5, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:
However, this clause 15.4 will not prevent claims for loss of or damage to your physical property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this clause 15.4.
15.5 Nothing in this agreement excludes or limits our liability for:
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
17.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
17.4 If the Force Majeure Event continue for more than [30 working days], we shall have the right to cancel you order in accordance with clause 8.
18.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
18.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
18.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 18.1 above.
If any court or competent authority decides that any of the provisions of these terms and Conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
20.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
20.2 We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
20.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
20.4 We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
21.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
21.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
22.1 Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
22.2 We will always strive to offer the very best level of service to all our customers, but should you wish to raise a complaint, please contact our customer service via your customer account or call us on 0843 508 37 29 and we will do our best to resolve your complaint as quickly as possible. If your dispute remains unresolved, you may be eligible to use the European Commission’s Online Dispute Resolution platform here: http://ec.europa.eu/consumers/odr/
A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
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