Terms and Conditions

Welcome to Imagine Digital Pty Ltd's (“Imagine” or “us” or “we” or “our”) website (the “Site”). These Terms and Conditions of Use (“Terms”) outline the terms of our relationship with you the Customer. By using our Site, you indicate that you accept these terms of use and that you agree to abide by them and all applicable laws and regulations.

Return Policy

Imagine does not accept returns. If a manufacturing fault is present, Imagine will gladly replace or fix the item(s). Please note that if a manufacturing fault is present - Imagine must be notified in writing within seven 7 days of your receipt of the product. We do not accept returns for items for any other reason, including but not limited to changing your mind, due to colour variations from screen image or variations in product colour or texture due to handcrafted elements to an item. We do not accept returns for delays in product lead times, delays in shipping, or delays in supply of your order caused by any reason.

Shipping Costs

Shipping costs are non-refundable as we utilise third party couriers.

Damages

Unfortunately products are occasionally damaged in transit.

If you notice that a product is damaged after it has been shipped to you, please take photos clearly showing the damage and email us at [email protected] within 5 days of receiving your shipment. If we are notified later than 5 days after you receive the products, we will not be able to repair or replace the items.

If we determine that the product was damaged in transit, the type of remedy we offer will depend upon the circumstances. We will determine the outcome at our sole discretion and may offer a repair, compensation, replacement, or refund.

Defective Products

If your product arrives with a fault, please take photographs of the product defect and email us the photos within 5 days. If we are notified later than 5 days after you receive the items, we will not be able to repair or replace the items. Email us at [email protected] and provide:

  • A detailed description of the fault, and
  • Photos showing the fault.

You are responsible for shipping the defective product back to us within 10 days of receiving the product. Returns must be sent to our warehouse in the original packaging. If we receive products without the original packaging we will not accept the return.

Where notification of a product defect has been made within 5 days of delivery of the defective products and Imagine is satisfied that the products are defective, Imagine will replace the products with equivalent products, provided the identified defects have arisen solely from faulty materials and/or workmanship on the part of the manufacturer and this will be the limit of Imagine liability with respect to any defective products. Imagine will not accept responsibility for any products that have been damaged as a result of mistreatment, inattention, interference and/or malicious damage. The return to Imagine of defective products without Imagine written consent will not in any way affect your obligation to pay for the products in accordance with these Terms. You expressly discharge Imagine from any liability whatsoever (including but not limited to any claim for negligent misstatement or breaches of the Trade Practices Act 1974) arising out of a delivery of defective products if notification of the defect has not been made to Imagine within 5 days of delivery of the products.

Cancellations

No order may be cancelled except with consent in writing and on terms which will indemnify Imagine against any losses suffered by Imagine including a minimum cancellation and restocking fee. We reserve the right to cancel any order, products or services for any reason whatsoever.

Lead Times

Lead times are displayed on the Imagine website and are typically displayed as "Leaves warehouse in ..." with a timeframe advised in days, weeks or months. Please note that these timeframes are indicative only. Whilst we make every effort to ensure that lead times are accurately displayed, in rare instances there may be variations between the timeframes displayed and the actual timeframes. There may also be variations due to seasonal fluctuations in demand, holidays, customer demands, supplier delays and other factors. When ordering products from Imagine you agree to indemnify Imagine against any losses suffered due to product delays. In all matters arising from product delays and / or lead times, you agree to indemnify and hold harmless Imagine for any damages and losses arising from product delays caused by Imagine, our suppliers or third party carriers.

Warranties

Most of our manufacturers guarantee their products with a warranty. Please contact us if you have questions regarding specific product warranties.

Imagine and its suppliers shall not be liable for any indirect, special, consequential, or incidental damages including, without limitation, lost profits or revenues, costs of replacement products, loss or damage to products or services arising out of the use or inability to use this site or any product purchased from Imagine, damages resulting from use of or reliance on the information present, even if Imagine or its suppliers have been advised of the possibility of such damages.

Pricing

All prices are in AUD and inclusive of GST.

Payment Terms

We accept online payments securely via our website. Where we agree to grant you credit, the terms of payment are strictly thirty (30) days calculated from the date on which the goods were dispatched to you. A deposit will be required to start the manufacturing process.

Liability

You agree that Imagine shall not be responsible or liable for any loss or damage of any sort incurred as the result of your improper use of our products or services.

  • Subject to availability; and
  • Without any liability on behalf of the Company for any delays.

Overdue Accounts

Any amount overdue for payment will bear interest at the rate of 1.5% per month from the date it becomes overdue until paid.

Retention of Title

Possession of the goods shall pass to the Customer at the time of delivery. Notwithstanding the above, title and ownership of the goods shall only pass to the Customer when the Customer has paid the Company all that is owing to the Company in respect of the goods. Until such payment is made, the Customer holds the goods as bailee for and on behalf of the Company. If the Customer fails to pay for the goods on time, such event shall entitle the Company, its servants or agents to retake possession of the goods and for that purpose the Company shall be entitled to enter upon the Customer's  premises without being liable for trespass. The Customer shall nevertheless be liable for any and all amounts still due to the Company by the Customer less the value of the goods that the Company attributes to the goods at the time of such repossession. The Company's determination of the value of the goods at that time shall be prima facie evidence of the fair market value of the goods at that time. Until the goods are paid for in full, the Customer shall;

  • Keep the goods on behalf of the Company fully insured against loss; damage and destruction;
  • Keep the goods clearly identifiable; and
  • Not grant any charge or mortgage over the goods or otherwise encumber the goods.


If the Customer sells the goods for which it has not made payment, it does so as the Company's agent and the proceeds of sale are held by the Customer on trust for the Company and the Customer will hold them in a separate account pending its accounting to the Company. The Customer must notify any financier or third party in favour of whom it grants a charge over the assets of its business that all of the Company's goods which have not been paid for by it do not constitute the Customer's property. Such financier or third party will be deemed to be subject to the Company's retention of title until the Company's goods are paid for in full.

Price

The Customer shall not be entitled to make any deduction in respect of the prices agreed to by the Company relating to any set-off or counter-claim by the Customer against the Company.

Recovery

Should it become necessary for the Company to institute legal action for recovery of any amounts due to it by the Customer, then the Customer specifically acknowledges and agrees that it shall be liable to the Company for all legal costs incurred by the Company on a solicitor and own client scale.

General

The Terms and Conditions of Trade may not be altered without our consent. Any alterations will be clearly marked and agreed to. Your non-adherence of any of the terms set out above does not in any way constitute an acceptance on our part or a waiver of our rights. These Standard Terms of Sale will be interpreted according to the laws of New South Wales and the courts having such jurisdiction in New South Wales. If any provision of the Terms and Conditions of Trade shall at any time become void, voidable or unenforceable, the remaining provisions shall nevertheless continue to be of full force and effect.

Copyright, Trademarks and Trade Names

Unless otherwise indicated, all logos, product names, product images, package designs, and marks on the Site are copyright, trademarks or service marks owned or used under license by us or our business partners. The use or misuse of any of these marks or other information is strictly prohibited.

No permission is granted to you to print, copy, reproduce, distribute, license, transfer, sell, transmit, upload, download, store, display in public, alter, modify, or create derivative works of these materials.

You may not use the materials for any commercial purpose, or for any public display (commercial or noncommercial); remove any copyright, trademark, or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server, except as permitted by law.

We make no warranties or representations to you that your use of any materials displayed on the Site will not infringe the rights of third parties. In addition, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the content. Modification or use of this content except as expressly provided in these Terms violates Company’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by your access to the Site.