Terms & Conditions - Mister Gates Direct
Mister Gates Direct is an online store of the MISTER MENUISERIE Group. The terms and conditions govern your use of MISTER GATES DIRECT - or any other online store of the MISTER MENUISERIE group - by using this online store, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this online store.
The user must have at least the legal adult age in the country of use when using this online store. By using this online store (and agreed our terms and conditions) you warrant and represent that you have at least comply with legal adult age of the country concerned.
License to use data from our online store
Unless otherwise stated, MISTER GATES DIRECT and/or its licensors own the intellectual property rights and material in this online store. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages or any other content from the online store for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this online store to a printed publication or digital purpose such as another online store.
- sell, rent or sub-license products and / or services proposed on our online store.
- show any product and / or services proposed on our online in public.
- reproduce, duplicate, copy or otherwise exploit products and / or services on this online store for a commercial purpose.
- edit or otherwise modify any product and / or services and / or content on the online store.
- redistribute products and / or services from this online store
- Where content is specifically made available for redistribution, it may only be redistributed for non-commercial purpose.
You must not use this online store in any way that causes, or may cause, damage to MISTER GATES DIRECT, MISTER MENUISERIE or other online stores of the MISTER MENUISERIE Group or impairment of the availability or accessibility of the online store; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this online store to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this online store without MISTER GATES DIRECT’S express written consent. You must not use this online store to transmit or send unsolicited commercial communications. You must not use this online store for any purposes related to marketing without express written consent by MISTER GATES DIRECT.
Access to certain areas of this online store is restricted. MISTER GATES DIRECT reserves the right to restrict access to areas of this online store, or indeed this entire online store, at MISTER GATES DIRECT’S discretion.
If MISTER GATES DIRECT provides you with a user ID and password to enable you to access restricted areas of this online store or other content or services, you must ensure that the user ID and password are kept confidential.
MISTER GATES DIRECT may disable your user ID and password in MISTER GATES DIRECT’S sole discretion without notice or explanation.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this online store, for whatever purpose.
You grant to MISTER GATES DIRECT a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to MISTER GATES DIRECT the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or MISTER GATES DIRECT or a third party (in each case under any applicable law).
You must not submit any user content to the online store that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
MISTER GATES DIRECT reserves the right to edit or remove any material submitted to this online store, or stored on MISTER GATES DIRECT’S servers, or hosted or published upon this online store.
Notwithstanding MISTER GATES DIRECT’S rights under these terms and conditions in relation to user content, MISTER GATES DIRECT does not undertake to monitor the submission of such content to, or the publication of such content on, this online store.
This online store is provided “as is” without any representations or warranties, express or implied. MISTER GATES DIRECT makes no representations or warranties in relation to this online store or the information and materials provided on this online store.
- this online store will be constantly available, or available at all; or
- the information on this online store is complete, true, accurate or non-misleading.
Nothing on this online store constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
Limitations of liability
MISTER GATES DIRECT will not be liable to you (whether under the law of contact or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this online store:
- to the extent that the online store is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if MISTER GATES DIRECT has been expressly advised of the potential loss.
Nothing in this online store disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this online store disclaimer will exclude or limit MISTER GATES DIRECT’S liability in respect of any:
- death or personal injury caused by MISTER GATES DIRECT’S negligence;
- fraud or fraudulent misrepresentation on the part of MISTER GATES DIRECT; or
- matter which it would be illegal or unlawful for MISTER GATES DIRECT to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this online store, you agree that the exclusions and limitations of liability set out in this online store disclaimer are reasonable. If you do not think they are reasonable, you must not use this online store.
You accept that, as a limited liability entity, MISTER GATES DIRECT has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against MISTER GATES DIRECT’S employees or agents in respect of any losses you suffer in connection with the online store.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this online store disclaimer will protect MISTER GATES DIRECT’S officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as MISTER GATES DIRECT and LABEL HABITAT UK LTD and LABEL HABITAT SAS.
If any provision of this online store disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this online store disclaimer.
You hereby indemnify MISTER GATES DIRECT and undertake to keep MISTER GATES DIRECT indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by MISTER GATES DIRECT to a third party in settlement of a claim or dispute on the advice of MISTER GATES DIRECT’S legal advisers) incurred or suffered by MISTER GATES DIRECT arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].
Breaches of these terms and conditions
Without prejudice to MISTER GATES DIRECT’S other rights under these terms and conditions, if you breach these terms and conditions in any way, MISTER GATES DIRECT may take such action as MISTER GATES DIRECT deems appropriate to deal with the breach, including suspending your access to the online store, prohibiting you from accessing the online store, blocking computers using your IP address from accessing the online store, contacting your internet service provider to request that they block your access to the online store and/or bringing court proceedings against you.
MISTER GATES DIRECT may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this online store from the date of the publication of the revised terms and conditions on this online store. Please check this page regularly to ensure you are familiar with the current version.
MISTER GATES DIRECT may transfer, sub-contract or otherwise deal with MISTER GATES DIRECT’S rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions constitute the entire agreement between you and MISTER GATES DIRECT in relation to your use of this online store, and supersede all previous agreements in respect of your use of this online store.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with French law, and any disputes relating to these terms and conditions will be subject to the (non)-exclusive jurisdiction of the courts of Evreux, France.
www.mistergatesdirect.com is an online store of the MISTER MENUISERIE Group with its corporate head office at 8 rue Leo Lagrange, 27950 Saint Marcel, France with trade registration number 521 693 133 and its commercial office at the Ground floor, the Comet Bldg., B26 3QJ Birmingham.
Commercial office of LABEL HABITAT registered at Ground floor, the Comet Bldg., B26 3QJ Birmingham. VAT NUMBER: GB1234567
You can contact MISTER GATES DIRECT by email to [email protected]
Copyright © 2018 Mister Gates Direct