Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to Imagine & Grow Co.
The terms “we”, “us” and “our” refer to Imagine & Grow Co. Imagine & Grow Co. operates this website and online store, including all related information, content, features, tools, products and services provided to you (the “Services”).
Our online store is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service, together with our Privacy Policy, Returns & Refunds Policy, Shipping Policy and any other policies referenced on our website, describe your rights and responsibilities when using our Services.
By visiting, accessing or using our website or purchasing from us, you agree to these Terms of Service.
Nothing in these Terms excludes, restricts or modifies any rights or remedies available to you under the Australian Consumer Law (ACL) or any other applicable law that cannot lawfully be excluded, restricted or modified.
SECTION 1 – ACCESS AND ACCOUNTS
By using our Services, you represent that you are at least the age of majority in your state or territory of residence or that you are using the Services with the involvement and consent of a parent or legal guardian where required.
When using our Services or placing an order, you may be required to provide information including your name, email address, billing information, payment information, shipping address and phone number.
You agree that the information you provide is accurate, current and complete.
If you create an account, you are responsible for maintaining the confidentiality and security of your account credentials and for activity conducted through your account.
SECTION 2 – OUR PRODUCTS
We make reasonable efforts to ensure that product descriptions, photographs, dimensions, colours and other information displayed on our website are accurate.
However, colours and product appearance may vary slightly depending on your device, screen settings and, where applicable, natural variations in materials such as timber.
Product descriptions, specifications, availability and ranges may change from time to time. We reserve the right to discontinue products or limit quantities where reasonably necessary.
Nothing in this section excludes, restricts or modifies any consumer guarantee, right or remedy available under the Australian Consumer Law.
SECTION 3 – ORDERS
When you place an order through our website, you are making an offer to purchase the products in your order.
We reserve the right to accept or decline an order where reasonably necessary, including where a product is unavailable, pricing or product information contains an error, payment cannot be processed, we reasonably suspect fraud, or we cannot fulfil the order.
If we cannot accept or fulfil your order after payment has been received, we will contact you and arrange an appropriate refund.
Please review your order carefully before submitting it. If you need to change or cancel an order, please contact us as soon as possible. We will do our best to assist; however, changes may not be possible once an order has been processed or dispatched.
Returns, refunds and exchanges are governed by our Returns & Refunds Policy and your rights under the Australian Consumer Law.
SECTION 4 – PRICES AND PAYMENT
All prices displayed on our website are in Australian dollars (AUD) unless otherwise stated.
Prices, promotions and discounts may change from time to time. The price applicable to your purchase will generally be the price displayed when your order is placed, subject to correction of genuine errors.
Shipping and any applicable additional freight charges are separate and will be displayed at checkout or advised where a separate freight quote is required.
You agree to provide accurate and complete billing and payment information and confirm that you are authorised to use the payment method provided.
SECTION 5 – SHIPPING AND DELIVERY
Shipping and delivery are provided in accordance with our Shipping Policy.
Eligible orders of $250 or more receive free standard shipping Australia-wide, subject to the exclusions described in our Shipping Policy.
A $25 standard shipping fee applies to eligible orders under $250.
Delivery timeframes are estimates only and may be affected by circumstances outside our reasonable control.
Bulky & Oversized Products
Selected furniture, shelving, outdoor equipment and other bulky or oversized products are excluded from our standard and free shipping offers and may require a separate freight quote.
Where a freight quote is required, you may place your order online and we will contact you with the applicable freight cost before dispatch.
Your order will not be dispatched until the freight charge has been approved and paid.
If you choose not to proceed after receiving the freight quote, the affected order may be cancelled and any payment already made for those items will be refunded.
Nothing in this section excludes, restricts or modifies any rights or remedies available under the Australian Consumer Law.
SECTION 6 – RETURNS, REFUNDS AND CONSUMER GUARANTEES
Our voluntary change-of-mind returns are governed by our Returns & Refunds Policy.
In addition to our store policy, goods sold by Imagine & Grow Co. may be covered by consumer guarantees under the Australian Consumer Law.
These statutory rights exist independently of our voluntary returns policy and cannot be excluded where the Australian Consumer Law applies.
Depending on the circumstances and nature of a failure, you may be entitled to remedies including repair, replacement, refund or compensation as provided by law.
Nothing in these Terms or any other Imagine & Grow Co. policy is intended to exclude, restrict or modify those rights.
The ACCC confirms these consumer rights are automatic and cannot be taken away by a business's terms or policies.
SECTION 7 – INTELLECTUAL PROPERTY
Unless otherwise stated, the content of our website, including our branding, logos, text, graphics, photographs, website design and other original content, is owned by or licensed to Imagine & Grow Co. and is protected by applicable intellectual property laws.
Product names, trademarks, logos, photographs and other materials belonging to our suppliers, manufacturers, Shopify or other third parties remain the property of their respective owners.
You may access and use our website for personal or legitimate business purchasing purposes.
You must not reproduce, distribute, republish, commercially exploit or otherwise use protected content from our website without permission from the relevant rights holder, except where permitted by law.
SECTION 8 – THIRD-PARTY TOOLS AND SERVICES
Our Services may provide access to tools, applications or services supplied by third parties.
Your use of third-party services may also be subject to the relevant third party's terms and privacy policies.
We are not responsible for third-party services except to the extent required by applicable law.
SECTION 9 – THIRD-PARTY LINKS
Our website may contain links to websites or online services operated by third parties.
We are not responsible for the content, accuracy, availability, privacy practices or security of third-party websites that are not controlled by Imagine & Grow Co.
We recommend reviewing the relevant terms and privacy policies before providing information to or transacting with a third-party website.
SECTION 10 – RELATIONSHIP WITH SHOPIFY
Imagine & Grow Co. uses Shopify to provide and operate our online store.
Purchases made through our store are transactions between you and Imagine & Grow Co., not Shopify.
Shopify may process information in connection with providing the technology and services used to operate our store. Further information about the handling of personal information is available in our Privacy Policy and Shopify's applicable privacy policies.
SECTION 11 – PRIVACY
Personal information collected through our Services is handled in accordance with our Privacy Policy and applicable privacy laws.
Our Privacy Policy explains the types of information we may collect, how we use and disclose that information, Shopify's role in processing certain information and how you may contact us regarding privacy matters.
SECTION 12 – REVIEWS AND FEEDBACK
If you submit a review, photograph, comment, suggestion or other feedback to us, you confirm that you have the right to provide that content and that it does not infringe the rights of another person or contain unlawful, misleading, defamatory or inappropriate material.
Where you voluntarily submit content for publication, you grant Imagine & Grow Co. permission to use, reproduce and display that content in connection with operating and promoting our business and Services, subject to applicable law.
We reserve the right to moderate or remove content where reasonably necessary.
SECTION 13 – ERRORS, INACCURACIES AND AVAILABILITY
Occasionally, information on our website may contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, shipping charges, availability or other information.
We reserve the right to correct genuine errors and update information.
If an error materially affects an order you have already placed, we will contact you where appropriate and provide any remedy required by applicable law.
SECTION 14 – PROHIBITED USES
You must not use our website or Services:
- for unlawful or fraudulent purposes;
- to infringe our intellectual property rights or those of another person;
- to transmit malicious code, viruses or harmful material;
- to collect or misuse another person's personal information;
- to send spam or other unauthorised communications;
- to impersonate another person or misrepresent your identity;
- to interfere with the security or operation of our website; or
- in any other way that violates applicable law.
We may restrict or terminate access to the Services where we reasonably believe these Terms have been materially breached.
SECTION 15 – AUTOMATED ACCESS
Automated systems, bots, scraping tools or similar technologies must not access, copy, extract or interfere with our website in a manner that is unlawful, places an unreasonable burden on our systems, circumvents security measures or infringes our or another person's rights.
This section does not prevent legitimate indexing by search engines or other automated access that we have authorised or permitted.
SECTION 16 – TERMINATION
We may suspend or terminate access to our Services where reasonably necessary, including where these Terms have been materially breached, fraudulent or unlawful activity is suspected, or continued access poses a security risk.
Any rights or obligations that by their nature should continue after termination will remain in effect.
SECTION 17 – DISCLAIMER
We aim to keep the information on our website accurate and up to date; however, general information provided through our website may change and should not necessarily be relied upon as professional advice.
To the maximum extent permitted by law, we do not guarantee that our website will always be uninterrupted, error-free or available.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted or modified.
SECTION 18 – LIMITATION OF LIABILITY
To the maximum extent permitted by law, Imagine & Grow Co. will not be liable for loss or damage to the extent that liability can lawfully be excluded or limited.
Nothing in these Terms excludes, restricts or modifies liability, consumer guarantees, rights or remedies that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or other applicable law.
SECTION 19 – INDEMNIFICATION
To the extent permitted by law, you agree to indemnify Imagine & Grow Co. against reasonable losses, liabilities or claims arising directly from your unlawful use of the Services, material breach of these Terms or infringement of another person's rights.
Nothing in this section requires you to indemnify us for loss caused by our own unlawful conduct, negligence or breach of applicable law to the extent such liability cannot lawfully be excluded.
SECTION 20 – SEVERABILITY
If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be severed or limited to the extent necessary, and the remaining provisions will continue to operate.
SECTION 21 – WAIVER AND ENTIRE AGREEMENT
If we do not immediately exercise a right under these Terms, this does not mean that we waive that right.
These Terms, together with the policies referred to on our website, constitute the agreement governing your use of our Services, subject always to any rights or obligations imposed by applicable law.
SECTION 22 – ASSIGNMENT
You may not transfer your rights or obligations under these Terms without our prior written consent, except where permitted by law.
We may transfer our rights and obligations in connection with a legitimate sale, restructure or transfer of our business, subject to applicable law.
SECTION 23 – GOVERNING LAW
These Terms are governed by the laws of South Australia and the Commonwealth of Australia.
Subject to any rights you may have under applicable consumer law, the parties submit to the jurisdiction of the courts of South Australia and courts competent to hear appeals from those courts.
SECTION 24 – CHANGES TO THESE TERMS
We may update these Terms from time to time to reflect changes to our Services, business practices or legal requirements.
The current version will be published on our website. Where required by law, we will provide appropriate notice of material changes.
SECTION 25 – CONTACT INFORMATION
If you have questions about these Terms of Service, please contact us:
Imagine & Grow Co.
Email: hello@imagineandgrowco.com.au
Phone: 0492 890 496
ABN: 52 676 311 465