Welcome to the website www.mindtheg.com, further on referred to as "WEBSITE ". This page contains information concerning:
The TERMS AND CONDITIONS of our products selling and distribution through this online shop, including information about placing and modifying orders online, orders cancellation and requesting a refund or product exchange. Moreover, this page contains the TERMS AND CONDITIONS related to the use of this website. You can find details about how we collect, keep and process your personal data on the page related to DATA SECURITY.
You understand that your data (not including credit card information), may be transferred unencrypted and involves (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You may not use our Products for any illegal or unauthorized purpose nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Please read carefully the TERMS AND CONDITIONS before placing an order. By visiting our website and placing an order you accept our TERMS AND CONDITIONS. www.mindtheg.com is intended for users who are 18 years of age and older. Thus, if you are under the age of 18, you are not permitted to submit any personal information on the website.
If you do not agree with these TERMS AND CONDITIONS, please do not use this WEBSITE and do not place an order.
We reserve the right to update and modify the TERMS AND CONDITIONS at any time without prior notice. You can review the most current version of the TERMS AND CONDITIONS at any time on this page. It is your responsibility to check this page periodically for changes.
Your continued use of or access to our website to purchase any orders following the changes to these TERMS AND CONDITIONS constitutes acceptance of those changes.
ABOUT US
www.mindtheG.com is owned and managed by MTG HOME COLLECTION LIMITED, a company registered in Ireland, company registration number 684162, VAT Number IE 3724330NH. Our headquarter address is Ballywaltrim Business Centre, Boghall Road, Bray Co. Wicklow, A98 T8Y1.
DEFINITIONS
In these TERMS AND CONDITIONS, the words and expressions below have the following meanings:
"Conditions" means these terms and conditions.
"Website" means the website owned by MTG HOME COLLECTION LIMITED, www.mindtheg.com.
"Cookies" we use cookies on our website. Cookies are pieces of information that a website transfers automatically to the user's computer for record-keeping purposes. This allows us to monitor which areas of the Website are most popular and helps us to maintain and improve our services.
"Product(s)" means any MTG HOME COLLECTION LIMITED product(s) sold through our website.
"Furniture" means MTG HOME COLLECTION LIMITED sofas, love seats, chairs, chaise lounge and any other seating, ottomans, footstools and screens.
"Upholstery" means Products that are upholstered in fabric, such as sofas, chairs and footstools.
"Wallpaper" means decorative paper for the walls of a room uniquely designed by MTG HOME COLLECTION LIMITED.
"Fabric" means MTG HOME COLLECTION LIMITED fabric that is sold by the meter.
"We", "us" and "our" means MTG HOME COLLECTION LIMITED.
"You" and "your" means the user/customer.
BASIS OF SALE
All orders that you place on the WEBSITE will be subject to acceptance in accordance with these TERMS AND CONDITIONS. The following is required to create a contract between you and us:
Please follow the simple on-screen instructions taking you through the process of placing an order on the website. By pressing "Place Order" on the "Checkout" page, you offer to buy the goods at the prices indicated and pay any applicable delivery charges. An email will be sent to you detailing the Products you have ordered and the price you have paid for these Products and shipping.
We reserve the right to refuse to supply any individual or company.
We reserve the right to withdraw any Products from this Website at any time and/or remove or edit any materials or content on this WEBSITE. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third-party by reason of: our withdrawing any Product from this WEBSITE regardless of whether or not that Product has been sold; removing or editing any materials or content on the WEBSITE; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Order processing begins as soon as you submit your order. As a result, we cannot add or eliminate items after the order has been placed. If you still wish to modify the order, please send an e-mail at [email protected] or call one of our operators at +40 265 264121 within 24 h after placing your order.
We rely on the accuracy of the information you provide. As such, please provide accurate and complete measurements/specifications for made-to-measure orders.
Once we have accepted your order it becomes binding, subject to your rights of cancellation. Non-acceptance of an order by us may occur if:
Once your order has been dispatched you will receive an email containing shipping confirmation and tracking number. To track your order click on the received link which routes you to the carrier company's website. If you encounter a problem while tracking your order, please contact us at the following address: [email protected].
PRICES
All the prices of the products shown on the website include VAT. The VAT represents the percentage of such tax applicable in Ireland. For clients outside the EU who wish to recover their VAT, we hereby inform you that MINDTHEGAP does not process VAT refunds.
Customers receiving goods outside the EEC are responsible for any local taxes and/or duties incurred; these are not shown on our website and will be down to your country's individual import regulations and charges.
PAYMENTS
Payments can be made securely online using Stripe or PayPal. Payment is charged at the moment the order is placed. All credit/debit cardholders are subject to validation checks and authorization by the card issuer. For those who do not use Visa verification or wish to have products delivered to an address different to the cardholder, additional identification may be required and you will be contacted by a member of our orders team. If the issuer of your payment card refuses to or does not, for any reason, authorize payment to us, we will not be liable for any delay or non-delivery.
DELIVERY
We currently perform deliveries worldwide. We usually work with UPS and orders will ship out between 3 to 10 business days from the ordering date. The delivery cost is calculated individually for each order, depending on the total weight and volume of the shippable goods.
Please note that applicable taxes may apply based on your location. They are calculated by the authorities, depending on the local legislation.
Products must be carefully checked at the time of delivery and signed for by an adult. Any defect or damage must be reported to us immediately.
MTG HOME COLLECTION LIMITED will make every effort to ensure delivery by the estimated lead time, but this cannot be guaranteed.
MINDTHEGAP will not be liable for the delay in installation caused by late or failed delivery of your items. The delivery lead time quoted in your order confirmation is an approximation only and given in good faith. We, therefore, recommend that decorators are not booked in advance of you receiving your goods.
RISK AND TITLE
No order is binding on you or MTG HOME COLLECTION LIMITED until we have accepted it. All title and ownership to the ordered goods will pass to you from the moment they are dispatched by us to our couriers, or on payment in full by you for the price of the goods along with any delivery charges (if applicable), and risk will pass on delivery.
RISK OF DAMAGE IN TRANSIT AND PROPERTY
We carry the risk of loss or damage to the Products until you receive them. The Products will belong to you once you have received them and paid us in full. Until payment has been made in full, we may ask you to return the Products to us at any time. If you return the Products to us for any reason, they will become our property and be at our risk from the time we receive them.
RETURNS AND CANCELLATIONS
You have the right to fully cancel your order anytime between the moment you have placed it and up to 14 working days after the goods have been received. We are unable to accept returns for products that are made-to-order, customized, or made to specific measurements. Please be advised that all the following products are made-to-order: wall art, lampshades, and furniture. Customized products: custom-length wallpaper. Products made to specific measurements: fabric (which is cut according to your requirements).
Returns for made-to-order, customized, or products made to specific measurements are only accepted if they are confirmed to be faulty.
All products should be carefully inspected prior to use. While we strive to ensure that the right product is sent to you in the best possible condition, errors can be made or damages may occur during shipping. Therefore, please make sure that you are satisfied with the product in all aspects, including colour, quantity and quality. No claims can be accepted or exchanges made once the product has been used.
Special note on WALLPAPER: please inspect and make sure that the entire stretch of the roll is in an acceptable condition before hanging. MTG HOME COLLECTION LIMITED cannot accept responsibility for any fault or discrepancy after the roll has been cut or hung. The responsibility of wallpaper installation is entirely yours. All the information we provide on installation on our website in the INSTALLATION GUIDES section is given in good faith, but without guarantee, as site conditions are beyond our control.
If you believe that any of our Products may be defective or of unsatisfactory quality, please notify us at [email protected] or [email protected] at your earliest convenience within 14 working days after your order has been delivered. We will need to investigate your claim before we are able to process a return for the damaged goods, so please refrain from carrying out any work on said products (i.e. wallpapering or upholstering) prior to our inspection. Please note that MINDTHEGAP may not be liable if this request is not adhered to.
We ask that you take reasonable care of the Products while your claim is being investigated. Please do not return any Products which you believe may be defective before contacting us.
If the Products are confirmed defective or mis-described, we will reimburse you for reasonable return postage costs.
If all Products confirmed defective constitute the entire order or if all Products were faulty or damaged, the original delivery charge will be reimbursed.
The term "defective products" does not cover wear and tear, neglect, abuse or misuse of your goods, loss or damage by fire, smoke, explosion, lighting, sunlight, infestation by animals or insects, theft or loss, or accidental damage caused by you or a third-party.
If you've simply changed your mind or are not satisfied with your ordered product, you can return it and receive its paid value in 14 days from the date of delivery, exception for products made by order: wallpaper, wall art, lampshades and furniture.
For returns made within 14 days from the delivery date you will be issued a full refund to the original form of payment. Naturally, the product must be in the original qualitative condition in order to be sold again further on. Products must be packed accordingly and sent with additional insurance which can be made at any courier service.
Our company does not claim responsibility in no way for any damages or breakages during transportation and we will not reimburse the requested amounts if the product sent for reimbursement is not in a good condition.
The transportation costs concerning products returned to us are the responsibility of the client. We are not obliged to reimburse you the amount for the returned products until the said products do not arrive at our office or until we do not have clear proof that such products have been sent to us. We recommend you use a courier service which allows the tracking of the package in order to avoid any problems concerning the possible loss/misplacing of the products.
To return an on-line order, please follow the instructions below:
1. Inform us about your intention of return. As such, please fill in the RETUR FORM.PDF and send us an e-mail at [email protected].
2. Our Customer Support team will review your return request.
3. Once your return request is approved, please attach the return form to the package containing the products to be returned and ship it to MINDTHEGAP's warehouse in Romania:
GLOBAL ART PRODUCTION - MINDTHEGAP
13 Marasesti Square
Tirgu-Mures, 540327
ROMANIA
Please note that we cannot accept return packages without a return form previously sent by email.
INFORMATION ON PRODUCT COLORS AND UNIQUE FEATURES
Every effort is made to ensure that the Products we supply correspond as closely as possible to the samples displayed online, but there may be variations because natural materials have unique characteristics. No responsibility can be accepted for these variations, which all add to the uniqueness of our Products, including but not limited to the following:
Wallpaper
Our wallpaper is printed to order, so there may be slight colour variations from batch to batch. We advise a 5% allowance for the measurements of the patterns that repeat – this will not vary within a specific print batch but may vary between batches. Therefore, we recommend ordering all the rolls you'll need in one go – to work out how many that will be, please contact our Customer Services team for assistance.
Fabrics
A fibre tolerance of 3% between the actual and quoted percentage is possible.
Due to the unique nature of natural fibres, subtle dye and texture variations may occur. While exact pattern match may not be possible, please request a cutting for approval if colour match is of high importance.
Natural fibres will often have slubs and natural weave irregularities which enhance the total appearance -– this is not a defect. Given the specificities of the natural fibres, MINDTHEGAP cannot guarantee absolute consistency from one production to another. MINDTHEGAP suggests that the Customer requests a sample taken from the fabric by indicating the approximate quantity the Customer might need so that MINDTHEGAP can make a reservation of the fabric for that Customer, for a maximum of 10 days. For furniture, MINDTHEGAP can make any changes to its models without prior notice.
Natural printed fabrics may fade on exposure to sunlight. We strongly recommend avoiding direct exposure to the sun, as colour fading can occur rapidly in the exposed areas. Artificial light can also cause fading. We'd recommend the use of blinds/sheers or blackout lining to protect fabrics against the harmful effects of light. Please note that none of our fabrics are guaranteed against fading. Upholstered furniture should always be kept out of direct sunlight and heat to prevent premature fading. We recommend you order loose covers with an allowance of 5%, to prevent any potential shrinkages when dry cleaning.
Velvets are always supplied on rolls which should not be stored on end as permanent creasing can result. All velvets are delicate fabrics and the pile can be flattened or marked during transit and use. This distortion of the pile is a normal characteristic of this type of fabric and is not a fabric fault or an indication of poor wear. This movement of the pile is to be expected, especially in areas of higher contact. Take extra care not to spill liquids onto velvet cloths, as permanent staining may occur. Do not upholster velvet directly over foam fillings. We recommend using the interliner for all fabrics and velvet for upholstery. This will ensure the fabric lasts longer and minimises pile loss.
Pattern repeats and product widths shown on our website or in our pattern books are accurate by ± 5%.
A fabric is not completely 'stable', it is always possible that the pattern will not be a complete 'square' on the cloth. Whilst every effort is made to avoid distortions, a commercial tolerance is to be expected. We strongly suggest that before the fabric is cut, the pattern alignment is checked to ensure a satisfactory result is obtainable.
No liability will be accepted for changes in appearence, performance or defects in any of our fabrics if they are treated after purchase by spraying or processing of any kind, including flame proofing or the application of stain repelling treatments.
Leather
Leather products are made from quality natural leathers and may not be uniform in colour and texture. Some leathers will change with age and exposure to sunlight.
PRODUCT DESCRIPTIONS AND WEBSITE CONTENT
We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was uploaded onto the system. Although we aim to keep the Website as up-to-date as possible, the information shown at a particular time, including product descriptions, may not always reflect the positioning exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our ORDER ACCEPTANCE POLICY. Please note that in the event an error is identified, non-acceptance of an order by us may occur, subject to your statutory rights.
We will not be liable if, for any reason, our Website is unavailable at any time or for any period.
COOKIES: We use cookies on our website. Cookies are pieces of information that a website transfers automatically to the user's computer for record-keeping purposes. This allows us to monitor which areas of the Website are most popular and helps us to maintain and improve our services.
PRODUCT USE
All our products are designed for domestic use only. We do not allow our fabric or wallpaper to be converted into other products such as cushions, lampshades, upholstered/decorated furniture or artwork etc. and resold for commercial purposes.
Wallpaper and fabric samples are for personal use only as a guide to purchasing our Product. They are not designed to be used within the context of creating a new product, such as artwork, for non-domestic or commercial purposes.
INTELLECTUAL PROPERTY
You recognize and agree that all copyright, database rights, trademarks and all other intellectual property rights in all material and/or content of this WEBSITE are owned by MINDTHEGAP HOME COLLECTION LIMITED or our licensors and shall remain at all times vested in us or our licensors as expressly authorized by us or our licensors.
You acknowledge and agree that the material and content presented on the WEBSITE are made available to you for your personal and non-commercial use and that you may only download such material and content for the sole purpose of using the WEBSITE on a single, personal computer. Furthermore, you acknowledge and agree that any other use of the material and content of the WEBSITE is strictly prohibited and you agree that it is strictly prohibited to (or to assist or facilitate any third party to) copy, reproduce, transmit, modify, publish, display, distribute, commercially exploit or create derivative works of material and/or content from the WEBSITE without our written permission and that any of the above is a violation of our intellectual property rights.
COPYRIGHT. Except where otherwise indicated, the content on the WEBSITE is the property of GLOBAL ART PRODUCTION SRL (or its licensors, affiliates, and/or marketing services) and is displayed for the enjoyment of WEBSITE visitors. Any other use of the Website's material is not allowed without consent. If you believe any material on the WEBSITE infringes your copyright, please contact us at: [email protected]
TRADEMARK. Except where otherwise indicated, all trademarks on the WEBSITE are provided to indicate the source of the goods and/or services displayed on the WEBSITE. Any other use of the trademarks on the WEBSITE is not allowed without explicit written consent from the trademark owner. If you believe any material on the WEBSITE infringes on your trademark rights, please contact us at: [email protected]
DEALING AS A BUSINESS
These TERMS AND CONDITIONS only apply if you are dealing with us as a customer. If you wish to trade with us in the course of your business, please contact our Customer Services team for further details.
INDEMNITY
You agree fully to indemnify, defend and hold us (including our officers, directors, employees, agents and suppliers) harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the CONDITIONS by you or any other liabilities arising out of your use of this WEBSITE, or the use by any other person accessing the Website using your shopping account and/or your personal information.
LIABILITY AND WARRANTIES
Nothing in the TERMS AND CONDITIONS in any way limits our liability for death or personal injury caused by our negligence or by fraud.
We shall not be liable for any economic losses (including without limitation loss of profits, revenue, business, contracts, management time, data or anticipated savings), nor for any loss of goodwill or reputation, nor any indirect loss, whether arising in contract or tort (including negligence) or pre-contractual or other representations (except for fraudulent or negligent misrepresentation) or otherwise, even if advised of the probability of such damage or where it was foreseeable. Except in the event of death or personal injury, in no event shall our liability under these terms and conditions exceed the amount paid or payable by you for the Products or goods. This does not affect your statutory rights as a consumer, nor does it affect your rights of cancellation.
We shall take all reasonable precautions to keep the details of your order and payment secure. Except where we are negligent, we cannot be held liable for any losses caused as a result of unauthorized access to information provided by you.
SEVERANCE
If any provision contained in these TERMS AND CONDITIONS is considered by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other terms and conditions, which shall remain in full force and effect.
ASSIGNMENT
You may not assign or subcontract any of your rights or obligations under these TERMS AND CONDITIONS or any related order for Products to any third-party without our written consent. We reserve the right to transfer, assign, novate or subcontract any of our rights or obligations under these TERMS AND CONDITIONS or any related contract to any third-party.
WAIVER
A failure by us to exercise or enforce any right conferred upon us by these TERMS AND CONDITIONS shall not be deemed to be a waiver of such right or operate to bar the exercise or enforcement thereof at any subsequent time or times.
AMENDMENTS TO THESE TERMS AND CONDITIONS
We reserve the right to amend these TERMS AND CONDITIONS at any time without prior notice. Any such amendments will take effect when posted on the WEBSITE and it is your responsibility to read the TERMS AND CONDITIONS on each occasion you use the WEBSITE. Your continued use of the WEBSITE shall signify your acceptance to be bound by the latest TERMS AND CONDITIONS.
APPLICABLE LAW AND JURISDICTION
The European laws govern these TERMS AND CONDITIONS and all disputes will be subject to the exclusive jurisdiction of the Irish Courts. Any dispute arising out of or in connection with this TERMS AND CONDITIONS, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by the competent from the Beneficiary's headquarters in Ireland.
COMPLAINTS
We shall endeavorz to resolve amicably, through direct negotiations, any disagreement or dispute which may arise between us, within or in connection with the performance of the TERMS AND CONDITIONS.
If you have comments, concerns or complaints about any goods you have purchased from us, please contact us via email at [email protected].
DISCLAIMER
We take all reasonable steps to ensure that the information on this Website is correct. However, we do not guarantee the correctness or completeness of the material on this WEBSITE. We may make changes to the material on this WEBSITE at any time and without notice. The material on this WEBSITE may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such material is correct or up to date.
The material on this WEBSITE is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of this WEBSITE on the basis that we exclude all representations, warranties and conditions which, but for these TERMS AND CONDITIONS, may have effect in relation to this WEBSITE.
Neither we nor any other party (whether or not involved in producing, maintaining or delivering this WEBSITE), shall be a liability or responsible for any kind of loss or damage that may result to you or a third-party, as a result of your or their use of our WEBSITE. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss, and whether in tort or contract or otherwise in connection with this WEBSITE.
Nothing in these TERMS AND CONDITIONS shall exclude or limit any liability which cannot be excluded or limited under Irish law.