Impera Italia Terms and Conditions
Impera Italia which is a trading name of Marco Polo Decor Ltd (registered no. 07182825).
Impera Italia is a registered trademark and brand of of Marco Polo Decor Ltd
Our address is:
33 The Market Place, Falloden Way, London, NW11 6JY.
We can be contacted on:
+44 (0) 333 012 4396
A user of our Website.
Please read the terms and conditions (“Terms and Conditions”) set out below carefully before ordering any Goods from this Website. By ordering any Goods from this Website you agree to be bound by these Terms and Conditions.
“Course” is a reference to the courses that we run from time to time at our selected locations;
“Goods” is a reference to the décor products such as paint and plaster which we may offer for sale from our Website from time to time;
“you”, “your” and “yours” are references to you the person accessing this Website and ordering any Goods from the Website;
“we”, “us” and “our” are references to Impera Italia; and
“Website” is a reference to our Website www.imperaitalia.com on which we offer our Goods for sale.
- Before Ordering
- Prior to placing your order with us you should carefully consider the information about the Goods (in particular, paints, plasters and other decorative effects) which is available to you. The colours displayed on your computer monitor may not be true indications of the actual color of the material. The colours presented on the website feature the colours of the real, applied product on 1 thick coat, but due to the natural nature of the products and differences between displays, the real colours might be slightly different. We strongly recommend ordering a sample board or the minimal sample quantity of the material prior to making an order. The sample boards represent a double coat smooth application of the matched decorative plaster, paint or special effect, without any protectors.
- All sample boards feature the selected product with the selected colour, but due to the differences between applications and because of the natural nature of the materials, there can be a colour deviation of 6.5 ΔE between the sample board and the final purchased product. Also, substrate and protectors might further change the appearance. Sample boards are applied with 1kg to 5kg of the mixed product and therefore, colours might slightly change when large quantities are purchased.
- Due to the nature of the materials in the Goods we supply, you are advised to order enough quantities to complete a project as the colour may vary from one batch to another.
- Please note that the final appearance and colour of a paint, plaster or decorative effect will depend on a number of factors including the surface on which the paint is applied. Protective options (waxes, resins), colour washes and other effects (including, but not limited to mica, semi-transparent effect coatings, etc.) applied will also change the final look .
- Decorative plasters (venetian plasters including, but not limited to any lime, acrylic, siloxane-based product), paints, effects, waxes act as decorative coatings only (and generally, when properly applied don’t create a coat thicker than 1.5mm) and do not endure cracks, scratches, staining, intentional or accidental damage, mechanical or thermal movement.
- You may place an order either online via our Website, in person in our showrooms or by telephone on 0333 012 4396.
- When ordering from this Website you may be required to provide a username and password. You must ensure that you keep these details secure and do not provide this information to a third party.
- We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
- Any order that you place with us is subject to product availability and acceptance by us. When you place your order online we will send you an email to confirm that we have received it. This email confirmation will be produced automatically so that you have confirmation of your order details. The fact that you receive an automatic confirmation does not necessarily mean that we will be able to meet your order. Once we have sent the confirmation email we will then check availability and contact you with a further email. If the Goods are available and the details of the order are correct, this email will be deemed an acceptance and will specify delivery details and confirm the price of the Goods purchased. If the Goods are not available we will also let you know by email.
- In some cases we may request that if you wish to place a “pre-order” with us that you visit our premises so that we can discuss the order with you in person and ensure that your requirements are met and that you understand the conditions of the order. By placing a ‘pre-order’ you accept that the ordered product will be shipped when available, generally within 3 weeks. If the pre-ordered product cannot be shipped within 3 weeks, we will notify you in writing.
- Please note that it may be colour matching may involve additional charges in case of lighter shades which are mixable only in large quantities. If additional charges need to be applied we will notify this to you in advance and obtain your agreement prior to proceeding with your order.
- All prices listed on the Website are correct at the time of publication however we reserve the right to alter these in the future. We also reserve the right to alter the Goods available for sale on the Website and to discontinue any product line or service.
- The contract for the Goods will be accepted at the time of despatch of your order. We will confirm this to you in writing. You must inform us immediately if any details are incorrect. If your order has not been accepted you will be notified of this in writing together with the reasons.
- Any contract for the supply of Goods from this Website is between you and Impera Italia. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide is your own credit or debit card and that you have sufficient funds to make the payment.
- You may book your place on a Course either in person, by email or over the telephone. Full payment for the Course is required at the time of booking.
- It is your responsibility to ensure that the Course is suitable for you and that you have met the prerequisites and recommendations outlined in any brochures or other Course literature.
- Course attendance is your responsibility. Please ensure that you have the correct details of the Course times, dates and venue.
- We may request the removal of a participant from a Course if we are of the reasonable view that the participant’s behaviour is unacceptable and disruptive to the other participants. In these circumstances any refund is entirely at our discretion.
- We undertake to you that the Course provided will be performed with reasonable skill and care and in accordance with acceptable industry practice and standards.
- We require all participants to be aware of and adhere to the Impera Italia training facility/programme venue policies related to health, safety, security, and emergencies.
- We accept no responsibility for the loss or theft of any of your belongings whilst attending a Course.
- If, for whatever reason, it is not possible to run a Course on a particular day we will notify you as soon as practicable and offer you an alternative date to attend the Course, If this is not suitable for you a full refund will be made.
- Prices and Payment
- All prices listed on the Website are correct at the time of publication however we reserve the right to alter these in the future. Prices are inclusive of value added tax but exclusive of delivery charges which will be added to your order.
- The total price for Goods ordered, including delivery charges, will be displayed on the Website when you place your order or advised to you over the telephone. Full payment must be made at the time of placing your order.
- To open a trade account with us please contact us separately.
- You must pay for your order before it is delivered and you can do so by debit or credit card. Credit cards will attract a surcharge (4% for American Express and 1.5% for all other credit cards) to cover our costs of processing the payment.
- To ensure that shopping online is secure, your debit/credit card details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the internet. Your credit card company may also do security checks to confirm it is you making the order.
- We will price match any genuine UK specialist online retailer advertised price at the point of sale. Match must be verified as exact like for like which must include the item code, size, colour, delivery times & delivery charges. We do not price match offers of unauthorised retailers, third party retailers, private sellers or products offered on eBay. We do not price match for Interest-Free Finance or credit purchases, free gifts or promotional discounts (vouchers, seasonal offers, etc). We do not retrospectively price match, meaning that any price must be current and available to the public.
- Delivery periods quoted at the time of ordering are approximate only and may vary. Goods will be delivered to the address nominated by you at the time of ordering under ‘delivery address’, which is usually between 3 to 5 working days of the date the order has been marked as completed. For “pre-orders” delivery is usually made within 12 working days after the order has been confirmed. Colour matching will usually take 5 working days and dispatch can only start after this match has been completed and approved. Orders are accepted during the weekend / bank holidays / the holiday season, but will not be fulfilled till our offices reopen.
- All orders are delivered by a reputable courier. We will make every effort to deliver within the time stated however we will not be liable for any loss caused to you by late ordering. If the Goods are not delivered within the estimated delivery time which we quote, please contact us by telephone or email and we will try to ensure that you receive your order as quickly as possible.
- No refunds of the delivery charge are made for late deliveries.
- As deliveries are not carried out by Impera Italia, but a forwarding agent, any notes attached to your order regarding ‘safe places’ or leaving your order at a designated place might or might not be taken into account as it’s the courier’s choice at the time of delivery where he leaves the goods (safe place, pickup location or neighbour) if it can’t be delivered. We always request signed for delivery, but this can’t be guaranteed due to the current service level of couriers in the UK.
- Incomplete orders must be notified to us as soon as possible following delivery and within 3 days of delivery. We will either arrange for the missing items to be delivered to you at no extra cost or refund you the original cost of the missing items.
- If the wrong goods have been delivered and you’ve used part or all of it you waive the right of a refund, exchange or order completion.
- All risk in the Goods shall pass to you upon delivery.
- If you fail to accept delivery of the Goods at the time they are ready for delivery, or we are unable to deliver the Goods at the nominated time due to your failure to provide appropriate instructions, documentation, licences, consents or authorisations, then the Goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such Goods shall pass to you. Any storage, insurance and other costs which we incur as a result of the inability to deliver the Goods shall be your responsibility and you shall indemnify us in full for such cost.
- You must ensure that at the time of delivery of the Goods adequate arrangements, including labour and access where necessary, are in place for the safe delivery of the Goods. We cannot be held liable for any damage, cost or expense incurred to the Goods or premises where this arises as a result of a failure to provide adequate access or arrangements for delivery.
- Where delivery is outside the UK, you may be liable to pay additional tax or duty once the Goods reach your country. This may vary from country to country. Please contact your local customs office for more information.
- Please note that Goods may be subject to inspection by your local customs office where delivery is outside the UK.
- Your Information
- Where we have requested information from you to provide Goods you agree to provide us with accurate and complete information.
- You are entitled to request a copy of the personal information we hold on you. Please contact us if you wish to request this information.
- Cancellation and Returns of Goods
Right to Cancel Non-bespoke Orders (For customers based within the EU only):
- For orders placed online or over the telephone, you have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you, acquires physical possession of the Goods (or, in the case where you have ordered multiple Goods as part of one order, 14 days from the day on which you acquire, or a third party other than the carrier, acquires physical possession of the last item of the order).
- To exercise your right to cancel you must notify us immediately preferably by email to firstname.lastname@example.org or by calling us on 0208 830 5100. You must provide us with a clear statement of your decision to cancel this contract. You can also electronically fill in and submit the model cancellation form or any other clear statement on our Website. If you use this option, we will communicate to you an acknowledgement of receipt of such cancellation by email without delay.
- To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
- We cannot guarantee that we will be able to stop your order once we receive notice of cancellation as the Goods may already have been dispatched. In these cases the Goods will need to be returned to us.
- Receipt of a return is not acceptance of cancellation in case the goods were customised (colour matched, coloured or in any other way customised), can’t be re-sold or were pre-ordered. Stocking and receiving goods falling under any of the above categories invokes a handling and stocking charge.
Effects of Cancellation:
- If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
- We may make a deduction from the reimbursement for loss in value of any Goods supplied if the loss is the result of unnecessary handling by you.
- We will make the reimbursement without delay and not later than –
- 14 days after the day we receive back from you any Goods supplied, or
- (if earlier) 14 days after the day you provide evidence that you have returned the Goods, or
- if there are no Goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
- We will make this reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the Goods back or you have supplied evidence of having sent back the Goods, whichever is the earliest.
- You shall send the Goods back or hand them over to us at the following address – 33 The Market Place, Falloden Way, London, NW11 6JY without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send the Goods back before the period of 14 days has expired.
- You will have to bear the costs of returning the Goods.
- You are only liable for any diminished value of the Goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Goods.
- Bespoke Orders:
- The right to cancel an order for Goods described in clause 1 above does not apply to orders for Goods which are made to your order (colour matching service, coloured or customized) and which cannot be re-sold. This applies, but is not limited to all special finishes such as decorative plasters, paints and special effects.
- If you decide to cancel a pre-order and clause 1 does not apply to you, a fee of 15% of the total invoice value (excluding VAT) will be charged to you which is intended to cover our costs of storing and re-selling the Goods.
- Returns where Goods are faulty:
- Please email email@example.com to inform us of your wish to return Goods quoting your order number. If you notify us of the fault within a reasonable period of delivery of the Goods to you then we will offer you the option of a full refund, repair or replacement. Goods which are liable to deteriorate or expire rapidly and which are discovered to be faulty or damaged must be notified to us as soon as possible. For faults notified to us after this time we will offer you the option of having the Goods repaired or replaced. You must ensure that the Goods are returned to us at your cost immediately by courier in good condition and unused.
- The cost of collecting or returning the Goods to us must be paid by you unless we agree that the Goods are faulty or damaged upon receipt by you.
- We try to select and package the Goods as well as possible to ensure they arrive in good condition. However, if the Goods arrive damaged or not what you ordered, we will replace it free of charge or provide a full refund as appropriate.
- We highly recommend that all returned Goods are returned using a reputable courier such as DHL or TNT via a tracked and signed for service.
- Bespoke Orders:
- Statutory Right to Cancel a Course
Where you have booked the Course online or by email or telephone we must remind you of your statutory right to cancel the booking within 14 days starting on the day after we send you a booking confirmation (‘cancellation period’), but not later then a week before the course would start. You may cancel by contacting us preferably by email to firstname.lastname@example.org or by calling us on 03330124396. You must provide us with a clear statement of your decision to cancel this contract. You can also electronically fill in and submit the model cancellation form or any other clear statement on our Website. If you use this option, we will communicate to you an acknowledgement of receipt of such cancellation by email without delay. Please be aware that our courses can not be cancelled within a week of their start date, due to the cost of boards and other materials that were customised and prepared for you, but if this is not the case, we will refund any Course Fees you have paid within 14 days after the day on which we receive notice of your decision to cancel the Course.
- Linked Sites
There may be a number of links on our Website to third party Websites which we believe may be of interest to you. We do not represent the quality of the goods or services provided by such third parties nor do we have any control over the content or availability of such sites. We cannot accept any responsibility for the content of third party Websites or the services or goods that they may provide to you.
We take complaints very seriously and aim to respond to your complaints within 5 business days. All complaints should be addressed to email@example.com In the event of a dispute between us you may refer the dispute to the EU Online Dispute Resolution Platform by going to https://webgate.ec.europa.eu/odr.
- Limitation of Liability
- Great care has been taken to ensure that the information available on this Website is correct and error free. We apologise for any errors or omissions that may have occurred. We cannot warrant that use of the Website will be error free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
- If we are found liable for any loss or damage to you AS A RESULT OF SUPPLYING YOU WITH THE GOODS such liability is limited to the amount you have paid for the relevant Goods. we exclude liability for losses that were not foreseeable to both parties when the contract was formed and losses that were not caused by any breach on our part. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.
- We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our Website EXCEPT WHERE THIS HAS BEEN CAUSED BY OUR NEGLIGENCE.
- We shall not be held liable for any failure or delay in delivering Goods where such failure arises as a result of any act or omission which is outside our reasonable control such as an act of God or those of third parties.
- The products sold by us are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Website or for any products or services purchased from us.
- We have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties EXCEPT WHERE THIS HAS BEEN CAUSED BY OUR NEGLIGENCE.
- We may subcontract any part or parts of the Goods that we provide to you from time to time and we may assign or novate any part or parts of our rights under these Terms and Conditions by giving you written notice.
- We may alter or vary the Terms and Conditions at any time. Any variation will not affect existing orders placed with us. Variations or updates to our Terms and Conditions will be published on our Website. Any error or omission in any information, or document issued by us shall be subject to correction provided that the correction does not materially affect the contract.
- If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.
- These Terms and Conditions and our Agreement shall be governed by relevant United Kingdom law and the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to the Agreement.
- No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
- It is not intended that the undertakings and obligations of the parties set out in this Agreement shall be for the benefit of and capable of being enforced by any other person by virtue of the Contracts (Rights of Third Parties) Act 1999.
June 2016, last reviewed on 30/01/2018