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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. 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.

3. How the Contract is formed

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

3.2 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.

3.3 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. Price, payment and Invoicing

4.1 The price of the Products and our delivery charges will be as quoted on our site from time to time.

4.2 Unless otherwise stated, the price of the Products is exclusive of the costs and charges of transport of the Products, which shall be invoiced to you separately.

4.3 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.

4.4 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.

4.5 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.

4.6 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.

4.7 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.

5. Delivery and Time of Delivery

5.1 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 .

5.2 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.

5.3 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.

5.4 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.

5.5 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.

5.6 For Customers who have chosen the "Priority Preparation" offer, in the event of a delay in preparing the Order compared the to announced date, the Company will automatically reimburse the Customer in purchase vouchers for the price difference with the "best price" offer. This purchase voucher is valid for 6 months from the date it is sent to the Customer.

6. Right of withdrawal

6.1 Under the applicable regulations, the consumer Customer has a legal period of 14 calendar days to exercise their right of withdrawal, without having to give reasons for their decision or to bear any costs other than the return or depreciation costs of the returned Products. 

To make things more flexible for their Customers, the Company has decided to extend this legal withdrawal period to:

  • 30 days for all Products (except BÖLK and BPROAUTO Products);
  • 365 days for BÖLK and BPROAUTO Products.


The withdrawal period shall begin the day after the Customer, or a third party other than the Delivery Company and designated by the Customer, takes physical possession of the last delivery in this Order.

6.2 To cancel a Contract, you must inform us by e-mail or by telephone.  The customer can use the Unsubscribe Request Form (PDF version).

6.3 You must also return the Products to us as soon as reasonably practicable, and at your own cost. You are requested to take reasonable care of the Products while they are in your possession. If you fail to comply with this request, we may have a right of action against you for compensation.

7. Conformity of the products

7.1 Subject to clause 7.2, 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.


7.2 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.

7.3 Notwithstanding clause 7.2, 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.


7.4 No refund shall be available under clause 7.3 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.

8. Return of the Products

8.1 Any Products returned 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.


8.2 Returning Products for which a deposit has been paid

Some Products require a manufacturer deposit. In such cases, the Customer will be informed of this when they place their Order. The amount of the deposit is invoiced by the Company in addition to the price of the Product in question. However, the Customer may get the said deposit refunded by returning the original part (that is going to be replaced by the Product concerned) to the Company. 

Please note: the Customer must return the original part in the newly ordered part's original packaging within thirty (30) days after receiving their Order. After this period, the deposit money cannot be refunded. The shipping costs related to the return of Products for which a deposit has been paid are the sole responsibility of the Customer. The original part that is being returned must not be damaged, broken or heavily corroded.

9. Refund of the returned Products

9.1 If you return the Products to us:

  1. under your withdrawal right (see clause 6 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.
  2. due to a lack of conformity (see clause 7 above), 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. 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.


9.2 Any refund shall be made using the same method originally used by you to pay for your purchase.

10. Limitation of Liability

10.1 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 10.1.

10.2 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.

10.3 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 10.3 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 inclusive of this clause 10.3.

11. 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.

12. Force Majeure

12.1 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).

12.2 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.


12.3 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.

12.4 If the Force Majeure Event continue for more than [30 working days], we shall have the right to cancel you order.

13. Our Right to Vary these Terms

13.1 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.

13.2 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).

14. Law and Jurisdiction

14.1 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 Irish 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 Ireland.

14.2 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 08 18 00 01 51 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/

Email : contactie@mister-auto.com

15. Personal data protection

Mister Auto is committed to protecting the personal data of its customers.

If you would like to know how we process your data, please read the privacy policy and the cookie policy.

 

Last updated: May 22, 2023.

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