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Last Updated: May 2021

Whether you are a Vendor or a Customer, all use of our website www.ImParlour.com, including all services, media and data available on it, (“Site”) is governed by these Terms and Conditions (“Site Terms”) and the following related policies:

  • Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you or others provide to us. By using our Site, you acknowledge the existence of such processing and you warrant that all data provided by you is accurate. You also warrant that you have obtained the consent of all persons whose personal data you provide to us, for us to use that data to provide you and such other person with the requested product, service or information (for example, sharing listings using an invite a friend feature of the Site). This also includes out Cookie Policy, which sets out information about the cookies on our Site.

To make it easier for you to navigate these Site Terms, we have set them out in four sections:

PART A: INTRODUCTION

PART B: PROVISIONS SPECIFIC FOR VENDORS

PART C: PROVISIONS SPECIFIC FOR CUSTOMERS

PART D: GENERAL

PART E: TERMS AND CONDITIONS OF SALE

 

As you can see, some of the terms apply only to Vendors (Part B) or Customers (Part C), and not both. This will be clearly signposted to you, but please be careful to read the terms which apply to you.

PART A: INTRODUCTION

1. ACCEPTANCE OF SITE TERMS

By visiting this Site, whether as a Vendor or a Customer, and whether or not you become a registered user of the Site or not, you agree to be bound by, and abide by the Site Terms. If you do not agree with these Site Terms, then you must immediately stop using the Site.

We reserve the right to change the Site Terms by posting the new version to this page or by notifying you of such change via email. You can review the current version of the Site Terms which apply to your use of the Site at any time on this page.

2. INFORMATION ABOUT US

We are ImParlour Ltd Group Limited, a company incorporated in England and Wales with our registered address at Stratton Audley, Ringwood Road, Stoney Cross, Lyndhurst, Hampshire, SO43 7GN (“ImParlour Ltd”, “we”, “our” or “us”). You can contact us anytime by emailing info@ImParlour.com.

3. HOW OUR SITE WORKS?

We provide an online platform on which sellers (“Vendors”) can create listings to sell certain goods such as pre-owned furniture including antique items, second-hand designer items, used high-end modern items, ex-display designer items, stylish vintage items and other items listed at ImParlour Ltd’s discretion (“Goods”) to purchasing users of the Site (“Customers”).

All transactions which occur on the Site for the purchase of Goods are between a Vendor and a Customer. You acknowledge that ImParlour Ltd does not sell or purchase Goods and is not directly involved in or otherwise an agent or party to any transaction that may take place between a Vendor and a Customer. Such transactions are governed by the Terms of Sale.

While our only obligation to you is to make the Site available to you in accordance with these Site Terms, we may from time to time and in our sole discretion agree to provide intermediary services to facilitate communication between Customers and Vendors in relation to a transaction between a Customer and a Vendor. Where we do so, we accept no liability on behalf of either Vendors or Customers, and the Terms of Sale shall at all times apply to any contract for sale between Vendors and Customers.

PART B: PROVISIONS SPECIFIC TO VENDORS

4. OBLIGATIONS AND RIGHTS OF VENDOR

NOTE: The clauses of this Part B only apply to users who are acting as a Vendor.

The Vendor agrees that it will be solely responsible for its listings (including any listings the Vendor requires ImParlour Ltd to create on the Vendor’s behalf), including for ensuring the legality, reliability, integrity, accuracy and quality of all content and material it provides ImParlour Ltd with or posts to the listing itself (see clause 14 ‘User Content’ for more information here) and the quality, safety, morality and legality of all Goods provided in connection with the listing. In particular, the Vendor shall:

  1. ensure that it complies with all of its obligations under the Terms of Sale;
  2. address any issues relating to an order for Goods placed via the Site with ImParlour Ltd, including relating to any lost, unprocessed or mishandled orders and returns or refunds, and ImParlour Ltd will communicate with Customers’ directly on Vendors’ behalf in relation to the issue;
  3. ensure that it issues its invoice for the Goods directly to the Customer; and
  4. not list stolen, recalled, counterfeit, unauthorised, infringing, or illegal goods or services on the Site.
  5. ensure that all listings comply with local safety regulations.

We disclaim all liability in this regard.

The Vendor hereby gives the following warranties in relation to its authority and compliance:

  1. it owns, or has authority from the owner or to sell on its behalf, the Goods which it lists for sale on the Site;
  2.  it will comply with all applicable laws and regulations with respect to its advertising, sale, delivery, returns and refunds of the Goods on the Site, including The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Consumer Rights Act 2015, and will not list or provide any Goods that are illegal;
  3. it has obtained and will maintain, all licences, consents and permissions from the relevant body or authority to enable the Vendor to list and provide the Goods on the Site. If we are made aware that a Vendor does not have the requisite licences, consents and/or permissions in respect of the Goods, we reserve the right to inform the relevant body or authority and immediately remove the listing and delete your account; and
  4. it will comply with the terms and conditions entered into with a Customer in relation to the provision of Goods via the Site, including with the Terms of Sale.
  5. it will comply with are necessary data protection law to the extent that it is a data controller or data processor and will provide a copy of its privacy policy when required by law to do so.

The Vendor agrees to either remove a listing, or to instruct us to remove the listing, immediately in the event it ceases or suspends the provision of the Goods, it loses the right to provide the Goods, or where the provision of the Goods via the Site becomes unlawful.

We also reserve the right to suspend a Vendor’s use of the Site, including removal of any and all of the Vendor’s listings, without notice in accordance with clause 11 ‘Access to the Site’, and to notify any past or potential Customers who have purchased or have indicated their interest in purchasing Goods from the Vendor.

The Vendor agrees not to use the Site to advertise, generate interest or further enquiries in respect of products not available for sale on the Site, or to accept any payments from Customers directly without ImParlour Ltd’s prior written permission. The Vendor agrees not to provide any information that may encourage Customers to transact outside of ImParlour Ltd, including but not limited to:

  1. phone numbers,
  2. emails,
  3. own website names and URLs,
  4. business names and addresses,
  5. the names of any other website or platform including but not limited to: 1stdibs, Vinterior, Pamono, eBay, Etsy,
  6. any mention of ImParlour Ltd’s commission or any other fees,
  7. any offer to purchase Goods at a different price outside of ImParlour Ltd,
  8. any disparaging comment on ImParlour Ltd,
  9. or any other message encouraging Customers to transact outside of ImParlour Ltd.

If the Vendor provides any such information to Customers by accident, the Vendor will let ImParlour Ltd know by writing immediately to info@ImParlour.com. ImParlour Ltd has the discretion to charge the vendor for any sales made directly with the buyer and/or suspend his account if such information is shared.

Where ImParlour Ltd consents to the Vendor accepting proceeds of sale directly from a Customer, an invoice will be generated and sent to the Vendor for the commission ImParlour Ltd would have received had the payment been made via the Site. The payment to ImParlour Ltd is expected within 14 days.

5. ORDERS

The Vendor agrees to update the status of orders received via the Site as soon as possible.

The Vendor is responsible for making sure that the item is available before confirming the order.

The Vendor agrees to update the status of orders received via ImParlour Ltd as soon as possible and agrees that they have full responsibility for the status of orders being accurate.

The Vendor acknowledges that ImParlour Ltd shall have the right to automatically cancel an order if the Vendor does not confirm the order within 72 hours of the order being placed.

Once an order is confirmed, the Vendor agrees to update the shipping charges of the order (“Shipping Charges”),

ImParlour Ltd will automatically charge the Shipping Charges to the Customer’s credit card used for the order.

The Vendor is responsible for updating the dispatched status as soon as an order is dispatched to a Customer.

If the Customer cancels an order before it is dispatched, it will receive a full refund of the order including any delivery cost. The Vendor shall be liable for any further costs (such as pre-booking fee).

The Customer will not be able to cancel an order after it has been dispatched, but the Customer may still return an order subject to the terms of this agreement and our Cancellations and Returns Policy (insert link).

Subject to and in accordance with our Cancellations and Returns Policy, if an order is returned as a result of an inaccurate listing or damage in transit, the Vendor shall be responsible for organizing the return as soon as possible and shall be responsible for refunding any payment received linked to the order.

6. OUR RIGHTS AND OBLIGATIONS SPECIFIC TO THE VENDOR

Vendors agree that we shall have no obligation to verify or vet a Customer (including in relation to any age verification checks); however, we have set as a condition to set up an account that all Customers are aged 18 years or older. You acknowledge and agree that we are not responsible or liable for the conduct of any Customer on the Site or otherwise.

We shall publish a listing on the Site and keep it live on the Site until it is removed by either the Vendor or us in accordance with these Site Terms. We make no guarantees to the Vendor as to the prominence or performance of any listing that we publish on the Site.

7. PAYMENT OF GOODS AND COMMISSION

The Vendor agrees to pay ImParlour Ltd a commission of 10% in respect of each purchase made by a Customer of a Good(s) from the Vendor on the Site unless otherwise agreed with ImParlour Ltd in writing. The commission shall be calculated based on the total amount paid and payable by the Customer in respect of such transaction, including VAT.

The Vendor hereby acknowledges and accepts that all commissions shall be deducted by ImParlour Ltd or a third party payment provider used by ImParlour Ltd from time to time (the “Payment Provider”) (as applicable) upon payment by the Customer for the relevant Goods. The balance shall be subsequently paid to the Vendor within 21 days of delivery or collection of the Goods to the Customer, provided that the Vendor has informed ImParlour Ltd of the delivery, collection or dispatch date of the Goods with sufficient notice. The commission shall be paid in British pounds sterling and is exclusive of VAT and other sales tax (if applicable).

From 11pm on 31 December 2020, ImParlour Ltd is collecting on behalf of the Vendor the UK supply VAT for sales of items with a value of £135 or less that are outside Great Britain (England, Scotland and Wales) and are sold in Great Britain.

The £135 limit applies to the value of a total consignment that is imported, not the separate value of individual items that are in a consignment (based on the value of the sale on a specific order, not on the individual item).

Where those goods are sold through ImParlour Ltd, ImParlour Ltd becomes liable for the collection of the VAT, unless the sale is a business to business sale and the customer has given their UK VAT registration number.

The Vendor shall ensure its payment details are up-to-date. ImParlour Ltd shall transfer payment funds to Vendors weekly. If the Vendor’s payment details are incorrect on the day payment is to be transferred, ImParlour Ltd shall allocate the payment to be transferred the following week.

Vendors acknowledge that ImParlour Ltd shall have the right to withhold payment until any disputes raised by Customers in relation to the Vendor have been resolved.

Where a Payment Provider is used to process payment, the relevant terms and conditions provided by the Payment Provider shall govern any payments and settlements. If there is any conflict between these Site Terms and the Payment Provider’s terms, the Payment Provider’s terms shall prevail.

All amounts payable to us under these Site Terms shall become due immediately on termination, despite any other provision.

8. LIMITATION OF OUR LIABILITY TO VENDORS

Our only obligation to you is to make the Site available to you in accordance with these Site Terms. ImParlour Ltd does not conduct verification checks on Customers. ImParlour Ltd shall not be liable to you in respect of any information provided by Customers or any acts or omissions of Customers.

We will not be liable to Vendors for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with:

  1. (a) use of, or inability to use our Site; or
  2. (b) use of or reliance on any content displayed on our Site.

In particular, we will not be liable to Vendors for:

  1. (a) loss of profits, sales, business, or revenue;
  2. (b) business interruption;
  3. (c) loss of anticipated savings;
  4. (d) loss or damage to data;
  5. (e) loss of business opportunity, goodwill or reputation; or
  6. (f) any indirect or consequential loss or damage.

Our maximum liability to a Vendor in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of these Site Terms shall be limited to the total amount of commission paid by that Vendor to us in the 12-month period preceding the date on which the claim arose.

ImParlour Ltd shall not be responsible for or liable for any acts or omissions of any third party providers (including Payment Providers) or in respect of any User Content (as defined in section 13 below).

Nothing in these Site Terms shall exclude our liability to Vendors for death or personal injury caused by negligence, fraud or fraudulent misrepresentation or any other liability that cannot be excluded or limited by law.

9. FAULTY GOODS

Customers (Consumer and Trade) have the right to reject a faulty Good within 14 days after delivery day. A Good would be qualified as faulty if it is damaged in transit, not fit for purpose or not as described in the listing.

The customer should claim the return within 14 days and provide photographic evidence to ImParlour Ltd and the Vendor or reject the delivery on arrival. The Vendor is responsible for organising the return of the faulty Good as fast as possible and for paying all delivery costs and customs, if applicable. If the Vendor does not arrange the shipping of the faulty Good back within 5 working days, ImParlour Ltd can exercise the right to ship it back to the Vendor and invoice any paid charge or delivery cost incurred if necessary.

10. SELLER REVIEWS ON IMPARLOUR LTD

All Customers have been able to review their past purchasing experiences.

  1. Reviews can be accessed and viewed by the seller.
  2. Review can be accessed and amended by the Customers at any time after publishing.
  3. Reviews can be hidden by ImParlour Ltd if they do not follow ImParlour Ltd’s guidelines. Any reviews that do not appear publicly will not affect a seller’s review score.

Post-review communication:

Sellers may get in touch with a customer after a Review has been added to thank the customer, offer further assistance, or a partial refund. ImParlour Ltd will not tolerate any negative communication towards a customer following a Review.

Review visibility on ImParlour Ltd:

ImParlour Ltd may promote, hide or remove any review at our sole discretion. If a review hasn’t been made public, it may be because it does not follow ImParlour Ltd’s guidelines. While ImParlour Ltd may moderate reviews, we take no responsibility and assume no liability for any statement made by a customer or a third party ImParlour Ltd reserves the right to remove any reviews that may fall into one or more of the following categories:

  1. It’s harmful or illegal (hate speech or discrimination, terrorism, threats or violence. or uses obscenities)
  2. It includes personal or private information
  3. It’s advertising or promotional
  4. It’s not related to a genuine experience
  5. It concerns a third party outside of the seller’s control, such as ImParlour Ltd. The shipper is the seller’s responsibility and will not be considered as a third party.
  6. It undermines the integrity of ImParlour Ltd’s seller reviews system

If you have seen a review that is not suitable for public view, please do report it by emailing us at Terms of Sale.

 

Please note: Reviews that are negative, but that adhere to ImParlour Ltd’s policies will not be removed.

PART C: PROVISIONS SPECIFIC TO CUSTOMERS

NOTE: The clauses of this Part C only apply to users who are acting as a Customer.

11. OBLIGATIONS OF THE CUSTOMER

Customers agree not to use the Site for any illegal or unauthorised purposes.

We do not conduct background checks on the Vendors or oversee their business activities. We also have no control over the quality, safety, morality, legality or insurance position of any Goods offered for sale via the Site or the accuracy and completeness of any statements, recommendations or instructions contained in the listings. As such, we do not make any warranties or representations in relation to the Goods listed by a Vendor or the activities of a Vendor in relation to the provision of Goods via the Site. In particular, we do not warrant or represent that Goods are of suitable condition or comply with any representations made in the relevant listing, or that the Vendor has the right to provide the Goods to a Customer. The Customer acknowledges and agrees that it is his/her sole responsibility to check, confirm and satisfy him/herself as to the accuracy of any information provided by the Vendor.

We disclaim all liability in this regard.

Customers acknowledge that by purchasing Goods on the Site, they are doing so from the Vendor and the Terms of Sale shall apply to the contract Customers enter into with the Vendor. If a Customer has a question, comment or complaint in relation to a Vendor or the Goods purchased from a Vendor (including, for example, cancellation and refund requests, late delivery and defects in the Goods), the Customer may contact ImParlour Ltd who will contact the Vendor directly on the Customer’s behalf. We are not responsible for any failures by the Vendor to resolve any issues reported to us.

While we are not responsible for refunds and returns, we do require Vendors to comply with relevant consumer protection laws and regulations, and consequently, Customers who are consumers (this excludes our business customers) are entitled to cancel any order for Goods, as set out in the Terms of Sale.

12. LIMITATION OF OUR LIABILITY TO CUSTOMER

Due to the nature of the Goods listed for sale on the Site which are mostly unique items, it is possible that Vendors may be advertising their Goods elsewhere. Goods are therefore subject to availability and ImParlour Ltd shall not be liable for any Goods listed on the Site which are no longer available.

If we fail to comply with these Site Terms, we are responsible for loss or damage a Customer suffers that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and the Customer knew it might happen.

If a Customer uses the Site for any commercial, business or re-sale purpose we hereby exclude our liability to the fullest extent permitted by law and we will have no liability to the Customer for any loss of profit, loss of business, business interruption, loss or damage to data or loss of business opportunity.

ImParlour Ltd shall not be responsible for or liable for any acts or omissions of any third party providers (including Payment Providers providers) or in respect of any User Content.

Nothing in these Site Terms shall exclude our liability to Customers for death or personal injury caused by negligence, fraud or fraudulent misrepresentation or any other liability that cannot be excluded or limited by law.

13. SERVICE FEE

ImParlour Ltd reserves the right to charge a Service Fee in consideration for the use of the platform. You will be notified of any applicable Service Fee and taxes prior to purchase on the listings and checkout pages.

ImParlour Ltd may operate dynamic pricing some of the time. This means that prices of Items and Service Fees may change while you are browsing until checkout. Such fee changes will not affect any orders made prior to the effective date of the fee change.

Service Fees are non-refundable except in case of cancellation or return of a faulty good.

14. SELLER REVIEWS ON IMPARLOUR LTD

Customers can provide feedback on each of their purchased items, provided that the item has not been cancelled or returned.

ImParlour Ltd will share the review with the specific seller and may publish the following information from the review:

  1. The seller being reviewed
  2. The item purchased
  3. The first name of the buyer
  4. The rating (1-5 stars) and the review (specific feedback)
  5. The date of the creation of review

Review visibility on ImParlour Ltd:

Customers are acknowledging that all reviews posted are public and can be freely used by ImParlour Ltd. ImParlour Ltd may promote, hide or remove any review at our sole discretion. If a review hasn’t been made public, it may be because it does not follow ImParlour Ltd’s guidelines below.

While ImParlour Ltd may moderate reviews, we take no responsibility and assume no liability for any statement made by a customer or a third party.

ImParlour Ltd reserves the right to remove any reviews that may fall into one or more of the following categories:

  1. It’s harmful or illegal (hate speech or discrimination, terrorism, threats or violence. or uses obscenities)
  2. It includes personal or private information
  3. It’s advertising or promotional
  4. It’s not related to a genuine experience
  5. It concerns a third party outside of the seller’s control, such as ImParlour Ltd.
  6. It undermines the integrity of ImParlour Ltd’s seller reviews system

If you have seen a review that is not suitable for public view, please do report it by emailing us at info@imparlour.com.

 

Please note: Reviews that are negative, but that adhere to ImParlour Ltd’s policies will not be removed.

PART D: GENERAL

15. ACCOUNT

To use our Site, you must first register for an account and provide all requested information. You acknowledge that ImParlour Ltd shall use the email address you provide as the primary method of communication. You agree to not give false or misleading information in your account details and to keep this information up to date at all times. In the case of a company, you hereby warrant that you have authority to bind the company (as the contracting party) to these Site Terms. In the case of an individual, you hereby warrant that you are 18 years of age or older. You must not create more than one account on the Site.

You may be required to set up and maintain an account with our Payment Providers in order to utilise the Site (“Payment Account”). Set-up and use of the Payment Account shall be governed by the terms and conditions of the relevant Payment Provider. You agree not to disclose your account details to any other person and to protect your account details and password from unauthorised use. You will be responsible for any use of our Site with your account details and for the security of any computer where you choose to sign in to your account on the Site.

We reserve the right to refuse to register or to delete your account on the Site if you have previously had an account deactivated by us due to your breach of these Site Terms (or earlier versions thereof).

16. ACCESS TO THE SITE

We will make reasonable efforts to ensure (but we do not warrant that) the Site is operational 24 hours a day, 7 days a week. Notwithstanding this, we do not guarantee that the Site, or any content or services available on it, will always be available or be uninterrupted. Where any proposed suspension or withdrawal is due to maintenance services, we will try to give you reasonable notice.

We reserve the right (without liability to you or prejudice to our other rights) to suspend your access to or use of the Site without notice in the event you breach, or we reasonably suspect that you have breached or will breach, these Site Terms.

17. USE OF THE SITE

The Site is provided for your general information and use only. We do not warrant that the Site or any services or information accessed by you via the Site will meet your particular requirements and you agree that it is your responsibility to assure yourself the of the same.

We do not guarantee that our Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use your own virus protection software.

You acknowledge that the Site may enable or assist you to access the website content of, correspond with, and purchase products and services from, third parties via third-party websites and that you do so solely at your own risk. We make no representation or commitment and shall have no liability or obligation whatsoever in relation to the content, or use of, or correspondence with, any such third-party website, or any transactions completed, and any contract entered into by you, with any such third party. Any contract entered into and any transaction completed via any third-party website is between you and the relevant third party, and not us. We recommend that you refer to the third party’s website terms and conditions and privacy policy prior to using the relevant third-party website. We do not endorse or approve any third-party website nor the content of any of the third-party website made available via the Site.

18. USER CONTENT – CONTENT STANDARDS

Whenever you make use of a feature that allows you to upload, post or otherwise transmit content to the Site, or to make contact with other users of the Site, (“User Content”) you must comply with these Site Terms. For the avoidance of doubt, User Content shall include all text, photographs, videos, audio or other content and material which Vendors post in their listings, which Customers upload to complement their account profile, and which both Customer and Vendors transmit in any public forum or any private message feature of the Site. You warrant that all your User Content will comply with the Acceptable Use Policy in place from time to time.

We reserve the right to monitor, censor and review User Content, but do not have the obligation to do so. You acknowledge that, unless expressly stated otherwise, User Content has not been verified or approved by us. The views expressed by other users on the Site do not represent our views or values.

We have the right to remove, edit or decline to display any User Content or listing from the Site without notice, or to require you to amend the User Content, if, in our sole discretion, such User Content does not comply with these Site Terms or removal or editing is otherwise desirable for business or operational reasons. You are solely responsible for backing up your User Content. We also have the right to disclose your identity to any third party who is claiming that your User Content infringes their rights, including their intellectual property rights or their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any User Content posted by you or any other user of the Site.

Any User Content you upload to the Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your User Content, but you grant us a worldwide, non-exclusive, transferable, royalty-free licence (with the right to sub-license) to use, store, copy, adapt, make available to the public, translate, distribute and otherwise exploit such User Content (in whole or in part) for the purpose of operating, improving and promoting the Site and related services. You represent and warrant that, in respect of all User Content uploaded by you, you own or otherwise have all necessary consents to do so and to meet your obligations under these Site Terms.

19. INTELLECTUAL PROPERTY

You acknowledge that all intellectual property rights in the Site anywhere in the world belong to us or our licensors and that you have no rights in or to the Site other than the right to use each of them in accordance with the terms of these Site Terms.

20. NO WARRANTIES

All warranties, conditions, representations or other terms implied by statute or common law in relation to the Site are excluded to the fullest extent permitted by law.

21. INDEMNITY

You acknowledge and agree that, unless you are a Consumer, you will defend, hold harmless and indemnify us against any claim, loss or damage that we may suffer as a result of your use of the Site or your breach of these Site Terms (including posting of User Content which contravenes the Acceptable Use Policy).

22. TERMINATION

You may terminate your account at any time, for any reason, by contacting us at info@ImParlour.com from the email address linked to your account and asking us to deactivate your account.

We may terminate and delete your account and the provision of any services and access to the Site:

  1. at any time and for any reason, upon providing you with 5 days’ notice;
  2. immediately without notice in the event you commit a breach of these Site Terms; or
  3. in the event the Site is discontinued, we lose the right to provide you with the Site, or where the provision of the Site becomes unlawful. In such event, we will endeavour to provide you with reasonable notice in advance; however, you acknowledge that this may not be possible in all circumstances and we shall not be liable to you for such failure to notify.

Upon termination, you must cease all use of the Site. You acknowledge that you will lose all right to access your User Content. Any amounts owed to us for the use of Site and related services shall become immediately due and payable in full. You will receive one final invoice for all outstanding payments.

OTHER IMPORTANT TERMS

Assignment and other dealings: You may not assign, transfer, sub-license or deal in any other manner with any or all of your rights under these Site Terms, without our prior written consent.

Waiver: A waiver of any right or remedy under these Site Terms or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A failure or delay by a party to exercise any right or remedy provided under these Site Terms or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these Site Terms or by law shall prevent or restrict the further exercise of that or any other right or remedy. 

Severance: If any provision or part-provision of these Site Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any such modification to or deletion of a provision or part-provision shall not affect the validity and enforceability of the rest of these Site Terms.

Relationship: Nothing in these Site Terms is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties or constitute any party the agent of another party.

Third Party Rights: No one other than a party to these Site Terms, their successors and permitted assignees, shall have any right to enforce any of its terms.

Entire Agreement: These Site Terms, and all documents referred to in them, constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Site Terms or any document referred to herein.

Complaints: If you are not happy with how we have handled any complaint, you may submit a complaint to the European Commission Online Dispute Resolution platform at http://ec.europa.eu/consumers/odr/.

Governing Law/ Jurisdiction: These Site Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales, and each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

PART E: TERMS OF SALE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PLACING AN ORDER ON THE IMPARLOUR SITE.

TERMS OF SALE

1. THESE TERMS

1.1 These terms and conditions of sale (“Terms of Sale”) are the terms of sale referred to in the ImParlour Website Terms and Conditions (“Site Terms”) and govern the contractual relationship between Vendors and Customers in relation to transactions made using the marketplace website, www.ImParlour.com (“Site”), owned and operated by ImParlour Limited.

1.2 ImParlour is not a party to these Terms of Sale. Throughout these Terms of Sale, you, the Customer, are referred to as ‘you’, and we, the Vendor, as ‘we’ or ‘us’.

1.3 Capitalised words within these Terms of Sale shall have the meaning given to them in the Site Terms.

1.4 Please read these terms carefully before you submit an order for Goods via the Site. These terms tell you how Goods will be provided to you, how you or we may change or end the contract, what to do if there is a problem, how to cancel or return Goods, and other important information.

1.5 In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:

  1. (a) you are an individual; and
  2. (b) you are buying Goods via the Site wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

 

1.6 If you are a business customer these terms constitute the entire agreement between you and us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 We are permitted by ImParlour to advertise for sale and sell Goods via the Site. Please contact us via ImParlour Site.

2.2 When we use the words “writing” or “written” in these terms, this includes emails.

3. OUR CONTRACT WITH YOU

3.1 Our acceptance of your order for Goods will take place when you receive a notification that your order has been confirmed, at which point a contract will come into existence between you and us. The confirmation will also include the shipping cost that will be automatically processed on the card provided for the payment of the Goods, unless a collection is organised. If you do not accept the shipping charge you can cancel and receive a full refund, provided: the order has not yet been dispatched and you cancel within 24 hours of receiving the order confirmation.

3.2 If we are unable to accept your order, we will inform you of this via the Site and you will not be charged, or will receive a full refund if you have been already charged. This might be because the Goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Goods or because we are unable to meet a delivery deadline you have specified.

3.3 You will be assigned an order number to your order and you will be notified what it is when we accept your order. It will help us if you can refer to the order number whenever you contact us (via ImParlour ) about your order.

3.4 Please note that if your order contains more than one item, it will be marked as confirmed once all the items have been confirmed, which may include confirmation from multiple Vendors. Each item constitutes a separate contract with the respective Vendor.

4. PROVIDING THE GOODS

4.1 The expected timeline and costs of delivery will be as displayed to you in the order confirmation email sent to you after we accept your order.

4.2 You will pay for the costs of delivery of Goods unless free delivery is offered or you choose to collect the Goods.

4.3 The cost of delivery will be displayed in the confirmation email and ImParlour will charge it upon confirmation of the order on the card used for the payment of the item.

4.4 The cost of delivery is calculated based on the size, weight and fragility of each item and the distance between the Goods location and your delivery address. The costs of delivery may vary depending on access restrictions or the type of courier required.

4.5 Our standard delivery service includes basic packaging and will be carried out by one delivery person delivering to the Goods to the outside of the Customer’s premises.

4.6 You may request additional delivery requirements at a further cost which will be determined before delivery is carried out.

You will be responsible for informing us of any special request for delivery otherwise delivery will be standard. If we cannot accommodate the request, we will inform you by a message on the Site.

Any change of delivery address is left to the seller’s discretion. If you provide an incorrect delivery address or change your mind, please do get in touch with the seller immediately and let ImParlour’s Customer Experience Team by email at info@ImParlour.com.
The change of address can involve additional delivery costs or be rejected by the seller.

4.7 You may cancel or return your Order in accordance with our Cancellations and Return Policy.

4.8 Subject to 4.3 above, we will deliver Goods to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order unless otherwise agreed in writing. If the item has not been dispatched within 30 days after confirmation, you may ask for a return of the item at our cost.
Please note that we are not liable for any delays in international transportation or customs clearance. Should your item be held at customs, you will not be able to request a return based on the delivery delay reason.

4.9 We are not responsible for delays outside our control. If our supply of the Goods is delayed by an event outside our control, you will be contacted as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us (via ImParlour) to end the contract and receive a refund for any Goods you have paid for but not received.

4.10 If no one is available at your address to take delivery of the Goods, we will leave you a note informing you of how to rearrange delivery or collect the Goods from a local depot.

4.11 If after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract under clause 6 of these terms.

4.12 It is your responsibility to inspect the Goods on receipt and report any damage that has occurred during delivery. If you do not report damage promptly, you may be responsible for the cost of returning the Goods in accordance with our Cancellations and Return Policy.

4.13 Goods will be your responsibility from the time you accept delivery at the address you provided to ImParlour.

4.14 You own the Goods once ImParlour or its payment providers have received payment in full. Payment will be taken in accordance with the Site Terms.

4.15 We may need certain information from you so that we can supply the Goods to you, for example, dates and times and preferred locations for delivery. If so, this will have been stated in the description of the Goods on the Site. We will contact you to ask for this information.

4.16 If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 6 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result.

4.17 We will not be responsible for supplying the Goods late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

4.18 We may have to suspend the supply of Goods where we no longer have the Goods in stock. We will contact you in advance to tell you we will be suspending supply of the Goods.

4.19 You may contact us (via ImParlour) to end the contract for Goods that we have suspended supplying and we will refund any sums you have paid in advance for the Goods.

5. YOUR RIGHTS TO END THE CONTRACT

5.1 This clause five is subject to our Cancellations and Returns Policy.

5.2 If you are a consumer based in the European Union, you have a legal right to cancel a contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 5.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to purchase the Goods, you can notify us of your decision to cancel the contract via ImParlour and receive a refund for Goods. This right does not apply if you use the Goods or alter or repair the Goods (such as by waxing, repairing, sanding, or otherwise changing the Goods so that they are different from the condition they were in when delivered). The right to cancel does not apply to the following types of Goods, which are non-refundable: Goods that are personalised, bespoke or made-to-order to your specific requirements.

5.3 Your legal right to cancel starts from the date you purchased the Goods (the date on which you are notified that your order has been confirmed), which is when the contract between us is formed (“Contract Date”). The deadline for cancelling the contract under this clause 5 is 14 days following the reception of the item.

5.4 To cancel the contract, you must let us know by creating the return on the Site.

5.5 If you cancel the contract we will refund you the price you paid for the Goods as soon as possible and in any event within 14 days after you inform us of your decision to cancel the contract, provided that you have returned the Goods to us, where applicable. Please note that if the item has been damaged or is not in similar conditions, you will not be refunded.

5.6 You will be refunded using the method you used to pay for the Goods. If ImParlour is unable to use the same method, they may contact you to process payment by bank transfer.

5.7 Even if you are not a consumer who has a right to change their mind, you can still end the contract before it is completed, but you may have to pay us compensation. The contract between us is completed when the Goods are delivered and ImParlour or one of its payment providers has received payment for the Goods.

6. OUR RIGHTS TO END THE CONTRACT

6.1 We may end the contract at any time by writing to you if:

  1. (a) you do not provide us with information that is necessary for us to provide the Goods within a reasonable time of us asking for it. For example, the address for delivering the Goods to you;
  2. (b) you do not, within a reasonable time, allow us to deliver the Goods to you.

6.2 If we end the contract in the situations set out in clause 6.1, we will refund the price of the item and the delivery, deducting any costs we will incur as a result of your breaking the contract.

7. YOUR RIGHTS IN RESPECT OF DEFECTIVE GOODS IF YOU ARE A CONSUMER

7.1 If you are a consumer we are under a legal duty to supply Goods that are in conformity with this contract. Nothing in these terms will affect your legal rights.

7.2 If you wish to exercise your legal rights to reject defective Goods you must return them to us in accordance with this contract.

8. YOUR RIGHTS IN RESPECT OF DEFECTIVE GOODS IF YOU ARE A BUSINESS

8.1 If you are a business customer we warrant that on delivery, any Goods shall:

  1. (a) conform in all material respects with their description;
  2. (b) be free from material defects in design, material and workmanship, unless previously disclosed, unless it is a vintage or an antique item the defects are clearly communicated in their description.

8.2 Subject to clause 8.3, if:

  1. (a) you give us notice in writing within 72 hours after delivery of discovery that the Goods do not comply with the warranty set out in clause 8.1;
  2. (b) we are given a reasonable opportunity of examining the Goods such as clear pictures of the defective good; and
  3. (c) you return the Goods to us at our cost, we shall, at our option, repair or replace the defective Goods, or refund the price of the defective Goods in full where a replacement is not available.

8.3 We will not be liable for the Goods failing to comply with the warranty in clause 8.1 if:

  1. (a) you make any further use of the Goods after giving a notice in accordance with clause 8.2(a);
  2. (b) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice;
  3. (c) you alter or repair the Goods without our written consent; or
  4. (d) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

8.4 Except as provided in this clause 8, we shall have no liability to you in respect of the Goods failing to comply with the warranty set out in clause 8.1.

8.5 These terms shall apply to any repaired or replacement Goods supplied by us under clause 8.2.

9. PRICE AND PAYMENT

9.1 The price of the Goods (which includes VAT, if applicable) will be the price indicated on the order pages when you placed your order on the Site. We take all reasonable care to ensure that the price of the Goods advised to you is correct. The cost of the shipment will be charged on the card used for the item when we will confirm the order. You will receive a confirmation message with all shipping information. If the card payment fails, ImParlour will contact you to request alternative payment details. If you require an invoice for your purchase, please request it via the Site.

9.2 If the rate of VAT changes between your order date and the date we supply the Goods, we will adjust the rate of VAT that you pay, unless you have already paid for the Goods in full before the change in the rate of VAT takes effect.

9.3 If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

9.4 You will be charged interest on any overdue payments at a rate of 4% above the Banks base rate (Interest), which shall accrue daily.

9.5 If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any Interest until the dispute is resolved. Once the dispute is resolved we will charge you Interest on correctly invoiced sums from the original due date.

9.6 All online credit card payments will be conducted in accordance with the Payment Card Industry Data Security Standards.

10. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER

10.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.

10.2 Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

10.3 We do not exclude or limit liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Goods, including the right to receive Goods which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective goods under the Consumer Protection Act 1987.

10.3 If you are a consumer we only supply the Goods for domestic and private use. If you use the Goods for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 11.

11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS

11.1 Nothing in these terms shall limit or exclude our liability for:

  1. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
  2. fraud or fraudulent misrepresentation;
  3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982.

11.2 Except to the extent expressly stated in clause 8.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.

11.3 Subject to clause 11.1:

  1. (a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
  2. (b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sum paid by you for Goods under such contract.

12. HOW WE MAY USE YOUR PERSONAL INFORMATION

12.1 We will use the personal information you provide to us in accordance with all applicable data protection laws and regulations and the Vendors’ own privacy policy.

13. OTHER IMPORTANT TERMS

13.1 This contract is between you and us. No other person shall have any rights to enforce any of its terms.

13.2 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

13.3 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. You may also bring proceedings in the country in which you live.

13.4 If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have non-exclusive jurisdiction to settle any such dispute or claim.

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