Mister-Auto.ie, the online car part specialist

Terms and Conditions

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.IE (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.

1. Information about us

Mister-Auto SAS operates the website MISTER-AUTO.IE. 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 is at 4 th Floor Lincoln House 300 High Holborn, London. Our VAT number is n° IE 9802529U.

2. Availability

We do not accept orders placed through our site from addresses outside the IRELAND.

3. Your status

By placing an order through our site, you warrant that:

1. you are legally capable of entering into binding contracts;
2. you are at least 18 years old; and
3. you are resident of the IRELAND.

4 How the Contract is Formed

4.1 Orders may be placed through our site MISTER-AUTO.IE or by telephone (number 07 68 88 72 59).

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:

1. we are of the opinion that your order has been placed in breach of these terms or the legislation applicable in your country of residence; or
2. the details you have provided about yourself of the place of delivery are incorrect or incomplete.

5. Protection of personal data

5.5.1 Generality Mister Auto collects personal data in relation to the client, particularly in the case of navigation on the web site, the creation of a client account, shopping basket, order, participation in the offered technical inspection, participation in a poll or satisfaction survey, on line requests.

When the client places an order or completes a form on the web site, the data likely to be collected are as follows:

• forename and name identifying the client,
• email address for any communication with the client,
• telephone number to facilitate delivery,
• delivery address,
• registration number for the effective search for parts and the technical inspection operation offered,
• IP address and the type of browser for the purposes of administration of our systems and/or the establishment of statistics

Mister Auto is likely to ask the client to reply to surveys, the results of which will be used for scientific and statistical purposes.

Such personal data will be subject to IT processing intended exclusively for Mister Auto a simplified limited company with capital of EUR 4,374,600, entered in the Trade and Companies Register for Lyon under number 508 332 244, with its registered office at 19 Rue Alfred de Musset, 69100 Villeurbanne, France which acts as Data Controller.

• Data will be processed for the following purposes:
• executing the order, particularly invoicing and product delivery,
• providing the services offered on the web site,
• customer relationship management, particularly the responses to requests in order to facilitate client follow-up ,
• sending newsletters and promotional offers when consent has been given by ticking the acceptance box on one of the various forms available on the web site,
• statistical analysis,
• statistical studies in order to offer services suited to the client’s expectations and areas of interest,
• communicating with partners when you have expressly ticked the appropriate box on one of the forms on the web site.

The provision of certain personal data by the client is necessary for the performance of the contract concluded with Mister Auto.
Furthermore we process certain personal data on the basis of your consent and in our legitimate interests (in this case to combat fraud and to improve IT security).
The personal data collected by Mister Auto, concerning the performance of the contract, will only be retained for the period of the commercial relations with the client, and after the contractual relations have ended, until the expiration of the deadlines for legal archiving, statute of limitations or the period prescribed by the law as the case may be. Thereafter, only aggregated data which do not allow the client to be directly identified will be retained. Other data will be retained for as long as we continue our activity, or until an objection has been made to the processing of such data on substantiated and legitimate grounds.

Mister Auto undertakes to protect the personal data it collects and/or processes against any unauthorised loss, destruction, alteration, access or disclosure.

The recipients of such data are Mister Auto and all of its suppliers, located in and outside the European Union, responsible for ensuring the proper execution of the order. When the client makes use of financing to pay for the product(s) ordered, certain information he or she provides may, subject to his or her consent, be transferred to the companies providing that financing.

Such information may be transferred outside the European Union and in that case Mister Auto will ensure that the appropriate legal guarantees are put in place.

5.5.2 Automated decisions:
Mister Auto operates an automated decision system as part of a risk analysis aimed at combating fraud. This system uses client scoring on the basis of several variables (purchase volume, recency, frequency and so on) in order to establish a score for the client. Depending on the resulting score, the client may be refused access to the services of Mister Auto. The client may contact Mister Auto (dataprotection@mister-auto.com) to obtain more information on the scoring in their regard.

5.5.3 Protection of the client’s email address:
Mister Auto does not share or sell clients’ email addresses to third parties. They are only used to facilitate the processing of their orders, in client satisfaction surveys and/or opinion polls, to receive the Mister Auto newsletter, transactional emails from Mister Auto and the newsletters of partners if the client has given authorisation to Mister Auto. All direct marketing emails within the meaning of Article L. 34-of the Post and Electronic Communications Code sent by Mister Auto will contain a link to unsubscribe at the foot of the page and/or the client may ask to unsubscribe to the newsletter by writing to dataprotection@mister-auto.com.

5.5.4 Right of access, rectification, deletion, objection, limitation and portability
The client has a right of access, rectification, erasure and portability of their personal data, in relation to applicable legislation. The client has a right to object to the processing of their data for direct marketing purposes. At any time, the client has a right to withdraw his or her consent to the uses which he or she previously authorised. The client may also object to or request the restriction, on legitimate grounds, of the processing of his or her personal data. The client may exercise all or some of his or her rights by sending a letter to that effect to the following address: Mister Auto, Data Protection Service, 19 Rue Alfred de Musset, 69100 Villeurbanne, or by email to the following address: dataprotection@mister-auto.com.
For more information, the client may visit the Data Protection Commissioner web site (www.dataprotection.ie) . The client also has the opportunity to make a complaint to the “Data Protection Commissioner” via the following URL https://www.dataprotection.ie/docs/complaints/1592.htm or, by post (Data Protection Commissioner Canal House Station Road Portarlington Co. Laois).

5.5.5 Cookies
Mister Auto is likely to store information on the client’s device in the form of cookies. Cookies are data which are sent via the server hosting the web site to the client’s device. Cookies enable information to be stored in relation to navigation on the web site and data entered by the client during his or her visit (login, email address and password in particular). These cookies may be kept on the client’s device for a maximum period of 90 days.

Two types of cookies are likely to be stored on the client’s device:

1. Cookies with the purpose of enabling a better navigation on the web site (hereinafter called “Technical Cookies”). The client is informed of the fact that he or she has a right to object to the storing of technical cookies on his or her device by modifying the settings in his or her browser. As the case may be, the client acknowledges and accepts that, in this case, navigation on the web site may not be optimised.
2. Cookies with the purpose of producing audience statistics and offering the client personalised advertising content (hereinafter called “Advertising Cookies”).

The client may authorise Mister Auto to use advertising cookies by clicking on the banner provided for that purpose on his or her first visit to the web site. This preference is memorised for a period of 13 months.

The client is informed of the fact that in any event he or she has a right to object to the use of advertising cookies by accepts the settings in his or her browser. As the case may be, the client acknowledges and accepts that, in this case, navigation on the web site may not be optimised.

In general, the client may object to the storing of cookies by setting the connection parameters in his or her browser. Mister Auto informs the client however that if his or her browser is configured to refuse all cookies, he or she may not make purchases or benefit from the essential functions of our web site, such as placing articles in a basket or receiving personalised recommendations. We invite the client to set the parameters of his or her browser accordingly. Procedures enabling cookies to be blocked for the main browsers Mozilla Firefox, Google Chrome and Internet Explorer are available at www.mister-auto.ie/cookies.html.

6 Consumer rights

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. Your Right to Cancel

7.1 Notwithstanding clause 6 above but subject to clause 7.2 and 7.3, you have the right to cancel the Contract when:

1. the Products delivered to you have been damaged in transit; or
2. the Products delivered to you are defective; or
3. the Products are different from those Products for which you have place an order with us.

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:

1. your order reference number;
2. the product reference for each of the Products received;
3. the reason for the cancellation.

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).

8. Our Right to Cancel

Subject to clause 4.3, we reserve the right to cancel an order (event if an Order Confirmation has been issued) if:

1. the Products ordered have become unavailable; or
2. you have failed to pay for the price for the Products as set out in clause 12; or
3. we are prevented to deliver the Products due to a Force Majeure Event (as defined in clause 17).

9. Return Policy

9.1 Any Products returned in accordance with clause 6.1 or clause 7.1, shall be subject to the following conditions:

1. you have contacted our customer service by e-mail of by telephone;
2. you have re-placed the Products in the package in which they were delivered to you;
3. the package is wrapped and safely secured;
4. you have contacted our customer service and asked for the package to be collected by us; and
5. the package together with a delivery notice (as supplied by us) have been remitted to the delivery company appointed by us.

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. Delivery and Time of Delivery

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 .

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. Risk and title

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. Price, payment and Invoicing

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. Our Refunds Policy

13.1 If you return the Products to us:

1. because you have cancelled the Contract between us within the fifteen (15) -day cooling-off period (see clause 6.1 above), we will process the refund due to you as soon as possible and, in any case, within thirty (14) working days of the day on which you gave us notice of cancellation. In this case, we will refund the price of the Products and any applicable delivery charges save for a fixed charge of €7.95 (regardless of the number of Products returned) corresponding to the costs of removal and return of the Products by the delivery company appointed by us. The customer can use the Unsubscribe Request Form (PDF version).
2. because you have cancelled the Contract in accordance with clause 7.1, we will process the refund due to you as soon as possible and, in any case, within thirty (30) working days of the day we confirmed to you via e-mail that you were entitled to a refund. Subject to clause 14.3, we will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item 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. Quality

14.1 Subject to clause 14.2, we warrant that on delivery the Products shall:

1. be of satisfactory quality (within the meaning of the Sale of Goods Act 1979);
2. be fit for any purpose for which they are intended.

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:

1. the price you paid for the Products; and
2. the cost of returning the Products.

14.4 No refund shall be available under clause 14.3 in any of the following events:

1. the defective Products are consumables such as light bulbs, batteries, filters, fuses, brake discs, fuses, etc.;
2. the defect arises because of your failure to follow the manufacturer’s instructions as to the storage, commissioning, installation, use and maintenance of the Products or (if there are none) good practice regarding the same;
3. the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions.

15. Limitation of Liability

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:

1. loss of income or revenue;
2. loss of business;
3. loss of profits;
4. loss of anticipated savings;
5. loss of data; or
6. waste of management or office time.

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:

1. death or personal injury caused by our negligence;
2. fraud or fraudulent misrepresentation;
3. defective products
4. any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

16. Written Communications

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. Events Outside our Control

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:

1. strikes, lock-outs or other industrial action;
2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
5. impossibility of the use of public or private telecommunications networks;
6. the acts, decrees, legislation, regulations or restrictions of any government; and
7. pandemic or epidemic.

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. Waiver

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.

19. Severability

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. Entire Agreement

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. Our Right to Vary these Terms

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. Law and Jurisdiction

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 0818 275 728 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: https://ec.europa.eu/consumers/odr/

23. Third Party Rights

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.

Email : contactie@mister-auto.com

Last updated: May 17, 2018.