Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Goods” means all goods, machinery, electronic parts or components sold by or through this website, “Seller”, “Us”, “Our” and “We” refers to www.imaginables.com.au and “You” and “Your” refers to you, the client, visitor, website user or person using our website. You must be over 18 years of age to use this website and to purchase any Goods or services.
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and www.imaginables.com.au’s rights and obligations to each other.
LIMITATION OF LIABILITY
It is an essential pre-condition to you using our website that you agree and accept that, to the fullest extent permitted by law, We are not legally responsible or liable to you for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any Goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Our Goods come with warranties that cannot be excluded by Australian Consumer Law. If you are entitled to any remedy for breach of the consumer guarantees contained in the Australian Consumer Law then the following will apply.
Nothing in these terms and conditions will operate so as to exclude, restrict or modify the application of any of the provisions of the Australian Consumer Law or any State or Territory consumer protection legislation (the “Consumer Warranties”), the exercise of a right conferred by such a provision, or any liability of the Seller for a breach of a condition, warranty or guarantee implied by such a provision, where the Consumer Warranties would render it void to do so. To the extent permitted by law, the Seller expressly limits its liability for a breach of any condition, warranty or guarantee implied by virtue of any of the Consumer Warranties to, at the Seller’s option:
(a) in the case of Goods, any one or more of the following:
(i) the replacement of the Goods or the supply of equivalent goods;
(ii) the repair of the Goods;
(iii) the payment of the cost of replacing the Goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the Goods repaired; or
(b) in the case of services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
PRICING AND AVAILABILITY
All prices listed on this website are in Australian dollars and inclusive of GST. Prices of our Goods and services are subject to change without notice. All orders are subject to confirmation of price and availability. All charges will be processed in Australian dollars.
We attempt to keep information on this website as current as possible, but if prices and availability change from time to time, www.imaginables.com.au cannot accept responsibility.
TITLE AND RISK
Title to any Goods purchased by You does not pass from Us to You until We have received payment in full for the Goods. All risk in the Goods passes to You upon collection of the Goods from our warehouse for delivery.
DELIVERY OF GOODS
Goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Any replacement of items lost or damaged during delivery is made at the sole discretion of us.
All reasonable efforts will be made by the Seller to complete and deliver the Goods within the time nominated to the Customer but time shall not be of the essence and no penalty or damages will be incurred by the Seller for late delivery or failure to deliver the Goods or any part thereof due to:
- acts of God, strikes, lockouts, trade disputes, fire, breakdowns, interruption of transport, government action or any other cause whatsoever outside the Sellers control; or
- any acts, omissions, neglect, or default of the Seller, its employees or agents; or
- any breach by the Seller, its employees or agents of any term of the Contract.
The Customer shall accept delivery when notified and if the Customer fails to do so within seven (7) days after being requested to accept delivery by the Seller, the Goods shall be deemed to have been delivered upon expiration of that period and shall be thereafter at the risk of the Customer, who shall pay the Seller upon demand for costs incurred thereafter by the Seller in relation to the Goods provided that the Seller is under no obligation to store or insure or care for the Goods after that expiration.
Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our Goods, please contact us so we may try to assist you.
GOODS REQUIRING ASSEMBLY
Some of our products come with instructions for customers to assemble and/or install themselves. We cannot guarantee that you have the technical ability to assemble our products and your results may vary from others.
Please ensure you read the enclosed instructions carefully before attempting any assembly. If you have any doubt, please make an enquiry to see if we can assist you or provide a technician to assist you for an additional fee.
Should you purchase any Goods which require assembly and begin to assemble it, you will not be able to return that kit for a refund except where you can demonstrate to our reasonable satisfaction that the fault or defect in the Goods is not related to your assembly and in any case in accordance with our returns policy as set out in these terms and conditions. Should you have difficulties with assembly and damage the Goods, you may, in some cases, void any warranty. We are not responsible for any loss, damage or injury you cause to either the goods or yourself as a direct or indirect result of your assembly of any Goods.
In the event you have received any Goods with missing, faulty or defective parts, please notify us within 7 days of delivery. Once we confirm that the part is in fact faulty or defective, we will provide a replacement part but we do not provide installation service for any defective or faulty parts.
TECHNICAL SUPPORT AND ADVICE
We are dedicated to helping you with any of our Goods-related support problems you may have. In some instances we may be able to provide support for Goods purchased by you from our suppliers and these terms will also apply to any support or advice we may provide. By requesting such advice, you agree to these terms.
We provide this service and support in good faith and to the best of our ability. We will not require you to return the Goods if we are able to avoid it. However as we cannot control how you choose to apply any advice we may provide, we are not responsible and cannot be held liable for your reliance on our advice, how you choose to apply it or any loss, damage or injury you may suffer as a result of your actions and reliance on our support advice at any time.
We assume no obligation or liability for any recommendations, opinions or advice as to the choice, installation or use of the Goods. Any such recommendations, opinions or advice are given and shall be accepted at your own risk and shall not constitute any warranty or guarantee of such Goods or their performance.
Any liability is limited to the value of the Goods.
PAYMENT, RETURNS AND REFUNDS
Payment must be made in full at the time of placing any order. We do not provide any credit terms and no cancellation is permitted after an order has been placed and payment processed.
www.imaginables.com.au handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.
Any claim for Goods received which are defective, damaged, incorrect, missing parts or similar must be made within 7 days of delivery.
The Goods must be returned in the same or similar packaging as originally delivered with proof of purchase. The risk of Goods remains with the Customer until the Seller receives the Goods. Once we can confirm the Goods are faulty, incorrect or defective, we will refund the cost of standard shipping and exchange the Goods at no cost.
Any breach of this term may disentitle the Customer to any consideration of any claim in our sole discretion.
All other refunds are made in the sole discretion of www.imaginables.com.au.
In addition to any warranties implied by the Australian Consumer Law, which may not lawfully be excluded (“Consumer Warranties”), our products come with manufacturer warranties to the original owner against defects provided the Goods are used for the purpose intended, under normal conditions and do not apply to damages caused by typical wear and tear over time, use, accident, unreasonable use, improper care, modifications, alterations or negligence. Some parts that are subject to normal wear and tear may require infrequent or regular replacement, depending on frequency of use and are not covered under any warranty terms. Please contact us if you are uncertain at any time regarding what may be covered under your warranty.
Subject to the Consumer Warranties, to the fullest extent permitted by law, we absolutely disclaim all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. We give no warranty that the documents, Goods or services will be free of errors, or that defects will be corrected.
Subject to the Consumer Warranties, it is your sole responsibility and not the responsibility of the Seller to bear any entire costs of servicing, repairs, or correction. Some of the above may not apply to you but you must ensure you are aware of any risks when you order any Goods.
Without limiting any of the foregoing, we expressly do not warrant that any product, article or other thing whatsoever which you or any other person manufactures or creates using the Goods shall be fit for its intended purpose and we shall have no liability whatsoever to you (and you indemnify us in respect of any claim by any third party) for any loss, cost, liability, damage, expense or claim arising from or in relation to any such product, article or thing.
LINKS TO OTHER WEBSITES
www.imaginables.com.au may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between www.imaginables.com.au and the owners of those websites. www.imaginables.com.au takes no responsibility for any of the content found on the linked websites.
www.imaginables.com.au’s website may contain information or advertisements provided by third parties for which www.imaginables.com.au accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
All our Goods come with instructions for use. You must familiarize yourself with the instructions of use prior to using any Goods. To the extent permitted by law, the Seller will not be liable in contract, tort (including negligence) or otherwise, for any direct, indirect, special, consequential or punitive loss or damages or any loss or damages whatsoever, including (but not limited to) loss of use, data, or profits, arising out of or in connection with the Goods or services provided to You by the Seller. We are at no time responsible for any loss or damage, including but not limited to death or injury of any kind to any property or persons howsoever caused arising from the installation or use of the Goods whether such loss arises directly or indirectly. Our total liability to you is limited as set out in the Consumer Warranties section of these terms and conditions.
If you do not follow the instructions, misuse or otherwise damage the Goods, you may void the warranty and it may no longer be relied upon.
To the fullest extent permitted by law, www.imaginables.com.au absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. www.imaginables.com.au gives no warranty that the documents, Goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of www.imaginables.com.au to bear any entire costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
www.imaginables.com.au does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.
DISCLOSE YOUR INFORMATION
www.imaginables.com.au may be required, in certain circumstances, to disclose information in good faith and where www.imaginables.com.au is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of www.imaginables.com.au. www.imaginables.com.au expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then www.imaginables.com.au will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. www.imaginables.com.au reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
www.imaginables.com.au expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
These terms and conditions represent the whole agreement between you and www.imaginables.com.au concerning your use and access to www.imaginables.com.au’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
This agreement and this website are subject to the laws of Victoria. If there is a dispute between you and www.imaginables.com.au that results in litigation then you agree to submit to the jurisdiction of the courts of Victoria.
We and You agree that in the event of a dispute arising out of or in connection with the Goods or these terms and conditions we will work together in good faith to resolve the matter by direct negotiation. If the parties are unable to resolve the dispute within 10 business days of the dispute being notified to them in writing, then either party may, by written notice to the other party, refer the dispute to mediation in accordance with the following
Any mediation of a dispute will be conducted in the English language and in accordance with the Australian Commercial Dispute Centre (“ACDC”) Guidelines and will take place in Melbourne, Victoria. In the event of a conflict between these terms and conditions and the ACDC Guidelines, these terms and conditions will prevail. Each party will bear its own costs in connection with any mediation.
Neither party may commence legal proceedings (other than for urgent interlocutory relief) in relation to any dispute under these terms or otherwise in relation to the Goods unless the dispute resolution procedures set out here have been followed.