Terms and Conditions

TERMS AND CONDITIONS OF USE

This website is operated and hosted by Imagination Lab. It is assumed that the terms “we”, “us” and “our” refers to Imagination Lab throughout the entirety of this document. We offer all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following “Terms and conditions of use”, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of this site.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

  1. GENERAL

1.1 USE OF THE WEBSITE

1.1.1 By accessing the website, you warrant and represent to the website owner that you are legally entitled to do so and to make use of information made available via the website.

1.2 TRADEMARKS

1.2.1 The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of the website owner. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of the website owner.

1.3 GENERAL CONDITIONS

1.3.1 We reserve the right to refuse service to anyone for any reason at any time.

1.3.2 You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

1.3.3 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.


1.4 ACCURACY, COMPLETENESS AND TIMELINESS OF INFOrMATION

1.4.1 We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

1.4.2 This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

1.5 MODIFICATIONS TO THE SERVICE AND PRICES

1.5.1 Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

1.5.2 We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service

1.6 PRODUCTS OR SERVICES 

1.6.1 Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store and cannot guarantee that you will receive exactly what is displayed on your screen.

1.6.2 We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

1.6.3 We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

1.6.4 All designs, products, media and digital material found on this site are the sole property of Imagination Lab Pty Ltd and are protected by the South African Copyright Laws. Use of any material found on this website, in any shape or form, is prohibited without prior written consent from Imagination Lab Pty Ltd.

1.7 PAYMENTS

1.7.1 Payment is accepted via direct transfer (please note that cash deposit is also accepted but any fees incurred are to be furbished by the customer). Imagination Lab takes all reasonable steps to scrutinise all transactions to prevent attempted fraud and a transaction may be refused if we is not satisfied with its legitimacy.

1.8 ACCURACY OF BILLING AND ACCOUNT INFORMATION

1.8.1 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

1.8.2 You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

1.9 USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

1.9.1 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

1.9.2 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

1.9.3 You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

1.10 ERRORS, INACCURACIES AND OMISSIONS

1.10.1 Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

1.10.2 We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

1.11 PROHIBITED USES

1.11.1 In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

1.12 EXTERNAL LINKS

1.12.1 External links may be provided for your convenience, but they are beyond the control of the website owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk.

 

1.13 WARRANTIES

1.13.1 Imagination Lab makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website.

1.14 DISCLAIMER OF LIABILITY

11.14.1 Imagination Lab our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company’s personal information or material and information transmitted over our system. In particular, neither the website owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.

1.15 CONFLICT OF TERMS

11.15.1 If there is a conflict or contradiction between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.

1.16 SEVERABILITY

11.16.1 Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.

1.17 APPLICABLE LAWS (CHOICE OF VENUE AND FORUM)

11.17.1 Use of this website shall in all respects be governed by the laws of the Republic of South Africa. regardless of the laws that might be applicable under principles of conflicts of law. The parties agree that the South African courts of law shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts.

1.18 CHANGES OF TERMS OF SERVICE 

11.18.1 You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Any Questions about our terms of service should be directed

to [email protected]

 

1.19 content usage and ownership

11.18.1 We reserve the right to modify, make use of and/or distribute any content submitted to us, through any forms of communication with Imagination Lab. These forms of communication include, but are not limited to: General enquiries Form, Request a custom cutter Form, Request a custom print Form, direct emails, WhatsApp messages and phone calls. Content may be in the form of, but is not limited to, images, hand drawings, photos, videos, 3D files and any other digital content.

Design Time Fee:

Design Time Fee is a fee charged to the customer to enable our designers to develop a cutter/product. The design and design files generated from this process do not belong to the customers but remain the property of Imagination Lab. Imagination Lab reserves that right to do as we please with the design and design files. If the customer would like full ownership of the design and/or design files, this must be made known to Imagination Lab and a Design Fee will be discussed and agreed upon by both parties. This is to be arranged on a per design basis.

It is the onus of the customer to ensure that they do not submit any copyrighted or trademarked content. Imagination Lab cannot be held liable for any copyright infringements that may occur in this regard. Imagination Lab cannot be held liable for any copyright/trademark infringements that may result from the manufacture or design of a custom cutter or product.

 

 

 

  1. PRIVACY POLICY

 

2.1 WHAT DO WE DO WITH YOUR INFORMATION?

2.1.1 When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.

2.1.2 When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

2.1.3 Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.

 

2.2 CONSENT

2.2.1 How do you get my consent?

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only. If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

2.2.2 How do I withdraw my consent?

If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at [email protected]

 

2.3 DISCLOSURE

2.3.1 We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

 

2.4 THIRD-PARTY SERVICES

 

2.4.1 In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.

2.4.2 However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.

2.4.3 In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.

2.4.4 Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

2.4.5 Links

2.4.5.1 When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

 

2.5 SECURITY

2.5.1 To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

 

2.6 COOKIES

2.6.1 Our website uses cookies. By using our website and agreeing to this policy, you consent to our use of cookies in accordance with the terms of this policy.

 

2.7 AGE OF CONSENT

2.7.1 By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

 

2.8 CHANGES TO THIS PRIVACY POLICY

2.8.1 We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

2.8.2 If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

 

 

  1. RETURNS AND REFUNDS POLICY

 

Imagination Lab shall accept returned products or refund customers in accordance with Sections 55 and 56 of the Consumer Protection Act 68 of 2008 and its Returns and Refunds Policy set out below.

* Please note that all returns are to be lodged with our email support division ([email protected]) and will undergo our entire returns procedure as explained below in order to ensure the smoothest well documented returns experience possible.

3.1 Unwanted Products

3.1.1 You can return an unwanted product to us at no charge, provided:

      • it is undamaged and unused, with the original labels and stickers still attached (if applicable);
      • it is in the original packaging, which must be undamaged and in its original condition with all seals still intact (if applicable);
      • it is not missing any accessories or parts;
      • you log a return with our support division ([email protected]) within 7 daysof delivery to you or collection by you of the unwanted product. After 7 days, you can only return a product if it is defective;

3.2 Defective Products

3.2.1 We do our best to ensure that the products we deliver to you are of a high quality, and in good working order and without defects. Products may not be returned unless the product supplied is either incorrect, unsafe, or the product is damaged or defective upon delivery. A defective product usually means that the goods were manufactured using materials, components or workmanship below an acceptable standard. You must prove that goods are defective. Imagination Lab reserves the right to inspect any goods returned under this clause. On receipt of the returned product Imagination Lab will make all reasonable effort to inspect said product in a timeous manner. Imagination Lab will then exchange the product on condition that:

(i) the product is returned in its original condition – including packaging (with no unnecessary damage), documentation, warranty cards, manuals and accessories and
(ii) the customer returns the product within the below mentioned Standard Warranty period and follows the procedures laid out.

3.2.3 If a refund is necessary such amount will be refunded within 30 days of cancellation, beginning on the day written notice was given.

3.2.4 The following will NOT be regarded as defects and will not entitle you to a return under section 3.2:

  • faults resulting from normal wear and tear
  • damage arising from negligence, user abuse or incorrect usage of the product
  • damage arising from electrical surges or sea air corrosion
  • damage arising from a failure to adequately care for the product
  • damage arising from unauthorised alterations to the product
  • where the specifications of a product, although accurately described on the website and generally fit for its intended purpose, do not suit you
  • Unnecessary damage through handling, unboxing and/or repackaging.

3.2.5 Should any of the conditions in section 3.4 be met we reserve the right to reject the logged return and charge an assessment/restocking fee or alternatively we will charge for repairing the product and returning it to you

  1. STANDARD WARRANTY

4.1 GOODS WARRANTY

4.1.1 We warrant that all our goods are new and of good quality unless we clearly describe them as used or reconditioned or as having specific defects. We offer a 7 day warranty on all of our products against any defects of normal household or business use in the absence of any form of misuse or negligence or due to the nature of our business modification and self-repair of our products in any form. If you believe any products to do not meet this above-mentioned standard please follow the below mentioned Returns Procedure to lodge a return.

4.2 RETURN OF GOODS IN TERMS OF COOLING-OFF PERIOD

4.2.1 You must return any goods in new condition with all packaging and materials within 7 days of purchase. We will refund the purchase price of the goods (minus the direct costs of returning the goods) within 30 days of the date of cancellation.

4.3 STATUTORY COMPENSATION

4.4.1 We will repair, replace or refund the price of any goods returned to us during the 7 day statutory warranty period, provided they are deemed defective after our assessment. All returns must follow our returns procedure in section 5 below.

4.5 RESTOCKING AND ASSESSMENT FEES

4.5.1 Should any returned product under section 3 or 4 meet any of the conditions in section 3.4, if the product is not working correctly due to human error or if the product is simply working correctly and as expected we reserve the right to charge an assessment fee of R50 and if necessary a restocking fee.

 

 

  1. RETURNS PROCEDURE

5.1 Return of unwanted goods

5.1.1 If you wish to return any unwanted goods and you have met the above-mentioned conditions in clause you may do so at your own cost together with your proof of purchase or order reference number. We then reserve the right to inspect the goods. Once we have inspected the product and validated your return, we will credit your account with the purchase price of the product (or refund you if that is your preference) within the required 30 days.

5.2 Return of defective goods

5.2.1 If you wish to return a product under section 3.2 we will require you to log a formal returns request by sending an email to [email protected] stating that you would like to return a product and in the case of a defective product evidence to substantiate your claim. You will then be provided with a Returns Form to fill in which must then be submitted back to us and thereafter a collection will be booked by us for the defective item.

5.2.2 We then reserve the right to inspect all goods returned under section 3.2. Once we have inspected the product and validated your return, we will repair / replace the product (if such repair is possible / we have the same product in stock to use as a replacement) or credit your account with the purchase price of the product (or refund you if that is your preference).

5.2.3 Should we find that the product returned is not indeed defective or falls under section 3.4 above or does not meet the requirements in section 3.2 we reserve the right to revoke your claim or charge you for all repair and freight costs or any missing parts associated with the return.

5.2.4 Should you wish to return a product under section 3 at a brick and mortar store you will be required to fill out all required information in our Returns Form at the store front and one of our agents will aid you in submitting your claim to our support division where the above mentioned returns procedure will then be followed.

 

  1. LOCAL SHIPPING POLICIES AND PROCEDURES

6.1 Orders will be shipped within the day of completion of manufacturing and not later than 2 days and are subject to availability. Delivery time may vary depending on which area items are being delivered to, but typical delivery times are between 2 and 4 working days. Please note that overnight shipping is only possible on these before mentioned working days. We will do our best to deliver your items as timeously as possible but shall not be held liable for any losses or damages of any kind incurred due to late delivery. Items are well packaged and protected. We reserve the right to charge our customers per the pricing structure mentioned in our delivery terms as well as change the pricing structure as we please without warning or consent. Shipping fees on our site are not final. Outlying areas may incur and additional cost, dictate by the courier company used by Imagination Lab. Any changes in shipping fees will be communicated to the customer prior to processing of their order.