Sales Terms & Conditions - Mister Gates Direct
Updated as of July 2022
These terms and conditions apply to any products or services you may purchase from us through our website, www.mistergatedirect.com. Please read all of the terms and conditions of sales carefully before you order any products or services from us because, by ordering, you agree to be bound by them/ Each time you place an order you will be asked to agree to these terms and conditions. If you do not accept these terms and conditions, you should not order any products or services from us.
INFORMATION ABOUT US AND HOW TO CONTACT US
Mister Gates Direct is an online store of the SAS LABEL HABITAT. The terms and conditions govern your use of MISTER GATES DIRECT - or any other online store of SAS LABEL HABITAT - 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.
- SCOPE OF THESE TERMS & CONDITIONS
- These terms and conditions apply to all purchases from Mister Gate Direct online store.
- These terms and conditions are in addition to your statutory rights.
- CONTRACT RESTRICTIONS
2.1 Restriction on delivery areas
We can only guarantee delivery in the following geographical areas:
Mainland England, Scotland, Wales, Isle of Wight, Jersey, Guernsey.
2.2 Confirmation of personal status
By placing an order with us through our website, you are confirming to us that you are a consumer and that you are at least 18 years old.
2.3 Our products
- Products images
The images of our products on our website area for illustrative purposes only. Although we have made every effort to display the color accurately, we cannot guarantee that a product’s display accurately reflects the color of the products. Your product may vary slightly from those images. The packaging of our products may vary from that shown in images on our website.
- Product information
The product information contained on our website has been published in good faith and we will do our best effort to ensure that it is accurate. However, it may occasionally be incorrect, incomplete, or out of date due to human error or circumstances beyond our control. Where information is incorrect due to an error or circumstances beyond our control, we may not accept your order for the affected products, or if your order has already been accepted, we may not supply the affected products to you. We will notify you if this is the case and will not charge you for the product.
- OUR CONTRACT WITH YOU FOR ONLINE PURCHASES
The steps required to form the contract between you and us are as follows:
Navigate on our website pages and land on our library of products where you can choose your product.
Configurate the product by filling the technical aspect of your product. If the configurator does not allow for all options, or if you prefer more personal advice, do not hesitate to contact us directly.
Place your order by adding the configurated product to your basket and registrate as a customer by filling your information, as well as the billing and delivery address.
You will have the opportunity to check and correct any errors in your order up until the point at which you place your order be accepting these terms and conditions of sales and clicking the “Submit My Order” button on the order summary page. No changes may be made to your order after this point.
Once the steps are completed, we will take payment from your chosen payment method. If payment is successful, you will receive an order confirmation email containing your order confirmation number and to confirm that we are processing your order.
If payment is unsuccessful, you will receive a notification on your MGD account indicating that payment was declined. The customer service will assist you to complete payment or provide information for the declined payment and propose alternative solution.
Your order is not confirmed until you received confirmation of successful payment, and the contract is not formed until we dispatch your order.
- Once your order is ready for dispatch, you will receive a communication by either email, text message or telephone from either us or the relevant delivery provider to confirm when your products will be delivered to you.
- If for any reason we cannot provide you with a product in your order, you will be contacted by our customer service who will be able to assist you on the best course of action to follow in order to offer an alternative solution.
- PRICE AND PAYMENT
4.1 Where to find the price for the product
The price of the product will be the price indicated on the order pages when you placed your order, except in cases of obvious error.
4.2 We will pass on changes in the rate of VAT
If the rate of VAT changes between your order date and the date we supply the product, we ill adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
4.3 What happens if we get the price wrong
It is possible, despite our best effort, some of the products we sell may be incorrectly priced. If this is the case, we will, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection.
4.4 When you must pay and how you must pay
We accept payment by debit or credit card including Card, money transfer. We also process payment through Paypal. You must pay for the product, and any related services before dispatch the product.
4.5 If your payment fails online
We will email you to let you know the payment has not been successful. We will re-try the payment within 48h if the error occurs during customer service working hours. If the error occurs during the weekend, you will be contacted on the following Monday by our Customer Service.
If the payment fails a second time, your order will be cancelled, and you will receive an email confirming this.
- PROVIDING THE PRODUCTS AND ANY RELATED SERVICES
5.1 Delivery charges
The delivery charge will be notified to you before you place order and confirmed in our acceptance of your order. Please note that our delivery charges vary according to the value or size of your order and your delivery address and may vary between deliveries. Where you order more than one item you may receive your order in more than one delivery, but you will only be charged once for delivery. Delivery will be calculated so that the most you will pay will be the higher of the individual delivery charges.
5.2 When we will provide the products
During the order process we will let you know when we will provide the products to you. You will receive a communication by either text message, email or telephone from either us or the relevant delivery provider to confirm when your products will be delivered to you. We cannot guarantee that items will arrive together.
5.3 We are not responsible for delays outside our control
If our supply of the product or any related services is delayed by an event outside of our control, we ill contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay.
5.4 Doorstep delivery only
Unless otherwise stated, our third-party delivery companies will deliver your products to your doorsteps only (and does not include removal or disposal of packaging).
- Due to local lockdown restrictions, our delivery service has been adapted to keep our team and customer safe during this time. All items will be delivered in line with social distancing guidelines, following a contact- free process. Delivery will be to threshold only.
5.5 If you are not at home when the product is delivered
During the week when the delivery is supposed to occur, you are contacted by our delivery provider with whom you arrange a date and a time.
If you really cannot be present but still want your delivery, you should therefore notify the delivery provider that a person replacing you for signature will be present.
If no one is available at your address to take delivery, we or our delivery provider will leave you a note or contact you informing you of the attempted delivery and how to rearrange delivery.
5.6 If you do not re-arrange delivery
If, after a failed delivery, you do not re-arrange delivery, we may end the contract with you.
5.7 If you do not allow us access to pride services
If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite using reasonable efforts, we are unable to contact you or rearrange access to your property, we may end the contract with you.
5.8 When you become responsible for the goods
A product will be your responsibility from the time we or our delivery provider deliver those goods to the address you gave. If you provide us with an incorrect delivery address and your order is signed for someone else, or if the intended recipient is no longer resident or employed at the delivery location you specify, we cannot be responsible for any losses you may incur as a result, for example, theft of the products.
Before accepting delivery of the product, you must check that the product hasn’t suffer from any flagrant damage, breakage or missing goods. You may make reservations on the packing slip before signing the receipt and immediately notify our Customer service:
Email : [email protected]
Tel : 02038 857 597
5.9 When you own the goods
You own a product once we have received payment in full and have dispatched your order unless due to unforeseen circumstances, we cancel your order as set out in these terms.
- YOUR RIGHTS – CANCELLATION, RETURN AND REFUNDS
6.1 If you’ve changed your mind
We hope you’ll love your Mister Gate Direct order but, if you change your mind, we will happily refund you for any items you return to us under a state of an unused and resalable condition within fourteen (14) days of receipt.
This excludes the following:
- Bespoke Item that are made to measure, or cut to size such as gates and fences
All return items must be unused, in their original packaging, and accompanied with a receipt or order confirmation
We may require you to package the product before collection, to ensure its sage return to the depot.
6.2 Time to process refunds
The time to receive your refund depends on when and how your items was return.
a) To ask the reimbursement of your product you must follow the below steps:
Open a ticket to fill a complain, queries and/or complaint will be address and evaluate by our Customer Services. Should your queries and/or complaint be deemed acceptable, the Customer Service will contact you to give you the address of our warehouse to return the product. Once the return of the product has been confirmed, we’ll proceed with the reimbursement.
b) Once the refund has been confirmed, we’ll informed you that query for reimbursement will be process by our financial services and a maximum period of thirty (30) business days. Also note that the processing time is sometimes a little long depending on the bank.
We will exchange your item/s within 30 business days if they are unused and in a resalable condition and you have your receipt or order confirmation. This will exclude the items listed above unless they are faulty.
6.4 Faulty Products
a) If your items develop a fault within 30 days of purchasing or receiving it, we will offer an exchange, repairer, or refund.
b) If your product develops a fault after 30 days but within 6 months of purchase or receipt of the goods we’ll look to repair or replace the item/s in accordance with the terms of the Consumer Right Act 2015.
c) If your product develops a fault after 6 months, we may consider a repair or replacement, provided you can demonstrate the fault was present at the time of purchase.
- OUR RESPONSIBILITY FOR LOSS OR DAMEGE SUFFERED BY YOU
7.1 We do not accept any loss for late deliveries, incomplete order or items or damaged products.
Please do not book, confirm or instruct any third parties to complete any works relating to the products until you have received them, and you have checked that they are complete and conform to your requirements as we do not accept any liability for losses you incur as a result of late deliveries, incomplete orders or items, or damaged products.
7.2 We do not exclude or limit in any way our liability to you for death or personal injury caused by our negligence, or our responsibility for fraudulent misrepresentation and any other liability that cannot be excluded by law.
7.3 When we are liable for damage to your property
If we are providing services in your property, we will make good any damage to your property directly causes by us while doing so. However, we are not responsible for the cost of repairing any pre-existing fault or damage to your property that we discover while providing the services.
7.4 We are not liable for business losses
We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any business loss (which includes loss of profit, contacts, goodwill, opportunity, and other similar losses).
- Other important terms
8.1 Limitation 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.
8.4 Other parties
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.
8.5 Unenforceable provisions
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].
8.7 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.
8.11 Entire agreement
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.
8.12 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 SAS LABEL HABITAT 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