Terms and Conditions
DEFINITIONS AND GENERAL CONDITIONS
Imagination Hobby & Collection
Imagination Hobby & Collection called afterward as «IHC».
The person who has bought one or many Products called afterward as «the Customer».
One or more Products that are bought by the Customer are called afterward «the Product or Products».
The whole of Products inside a standard means to be transported by a Carrier is called afterward «the Package».
The company that does the transport of the Package is called afterward the «Carrier».
The Internet site of IHC is called afterward the «the Website».
Purchasing on the Website
When the Customer accepts the transaction within the Website’s cart, the Customer is bound by a legal contract with IHC in order to buy the Product(s) from IHC. In exchange of the transfer of funds between the Customer and IHC, IHC will send the Product(s) to the Customer via the services of a Carrier. This legal contract can be void to the discretion of IHC; in that case IHC will refund the money to the Customer with the same means of payment (credit card, Paypal etc.) if the Products are in the possession of IHC or if they are return to IHC. IHC has the rights to keep the value for deposit,shipping fees, insurances, etc.
The Customer can use IHC’s Website only if he accepts all terms and conditions within this document. Once the Customer has access of IHC’s Website it implies that he has knowledgeably accepted all Terms and Conditions within this document. If the Customer does not accept the Terms and Conditions or if he choose not to respect them, the Customer must cease the to use the IHC’s Website.
IHC can modify the Terms and Conditions herein, the information that reside on IHC’s Website including descriptions, pictures and specifications of Products or price and without notice to its Customer. For each purchase, the Customer is obliged to read all Terms and Conditions because they are an integrated part of the transaction between IHC and the Customer.
IHC use the 128 bits encryption for the capture of credit cards and use the secure services of Paypal and Square for the payment of real time purchases with credit cards or Customer’s Paypal account.
The Customer must use a user name and a password in order to access the site and purchase Product. Therefore, the Customer must keep his information confidential and should never disclose them to another person. The password should have letters and numbers and must not be something easily found by thieves. The Customer should not use the name of its children, parents, address, date of birth, etc. All this without limiting itself to this list.
In the case where the Customer has reason to believe that his password is compromised, the Customer must change it immediately.
The Customer is responsible of his purchasing done with his user name and secret password. The Customer must use IHC’s Website only with his user name and password and must not use someone else. Therefore the Customer must not give, sell or loan his user name and password to anyone. The Customer must not let anyone, by direct or indirect means, to use his user id and password. .
IHC will not disclose any information that it has receive from the Customer like is name, address, and email and phone number of his Customer. IHC will not disclose those information to any outside parties for publicity purpose. IHC Customers can be assured that none of the Customers information will be disclose for solicitation purpose to third parties.
Solicitation can be done by IHC tru email newsletter, facebook post, twitter post or even phone calls; however the Customer may choose to receive information through email, email newsletters. The Customer can remove himself from the list at any time.
It is important to note that IHC can disclose information regarding the Customer to a government agency where the law forces us to (request from government agency that deals with tax, law enforcement dealing with a fraud request, etc.) or when there is a problematic situation with postal services, Carrier, banks, etc.) This will occur only in order to resolve the situation address by such agencies.
COPYRIGHTS AND TRADEMARKS
The IHC logo use the Captain America shield symbol from Marvel Entertainment inc.
IHC logo use the Captain America shield from Marvel Entertainment Inc. We are grateful to the Director of intellectual property of Marvel Entertainment Inc. to have given us the permission to use the Captain America’s shield in IHC logo.
All other trademarks, copyrights, Product’s name, company’s name or logo used on IHC’s Website are the properties of their rightful owners and are used only in order to promote their Products. IHC does not want to take over the rights of those trademarks or copyrights.
IHC’s Website is own and operated by IHC. No one beside IHC’s personnel has the right to modify, copy, distribute, transmit, show, publish, reproduce, rent, sold, to create from the content of the information, documents, images, Products and services or software that are on IHC’S Website.
The content (text, images, documents, etc.) that can be found on IHC’S Website are protected by copyrights laws and are the property of IHC.
The Products are in stock, new and sealed or Packaged unless otherwise specify. The vintage Products are qualified to the best of IHC knowledge by taking into account the age and scarcity of the Product.
The used Products will be clearly identified and qualified to the best of IHC knowledge. Recent pictures will be available on the Website.
Some Products like statues, busts and fragile Products will be inspected at reception to make sure that they are in good condition. In such case, the boxes will be open and not sealed, there will be a mention inside the Package or on the invoice to advise the Customer that the box was inspected.
IHC will make all reasonable efforts in order to make sure that the Product and the packaging are in good condition. IHC knows that collectors put special attention to the packaging of the Products. IHC will do its best to protect the Products for the shipping by the Carrier but IHC cannot be held responsible if the Package is damaged during transit.
The Customer takes full responsibility of the Product’s condition during the transport.
IHC highly recommend that the Customer takes the Carrier’s insurance to cover damages or the loss of the Products.
IHC offer Products on preorder. Those are clearly identified in the “PREORDER” section. The date of availability is approximate and IHC cannot be held responsible if the Products are not available by the suppliers by the announced date or if the supplier decided not to offer the Products.
IHC will charge the Customer’s credit card on preorder Products for the Deposit. IHC will charge the credit card per month if the Customer chose to use the payment plans. Otherwise IHC will charge the credit card only when the Preorders Products are available for shipping to the Customer. An email will be sent to the Customer telling him that the Products are available. IHC assume that the Customer still wants the Products if no response for the Customer is received, within 48 hours, saying that he does not want the Product anymore. The Products will be charged and sent to the Customer after the 48 hours following the dispatch of the Email. In the case where the payment is declined, an email will be sent to the Customer advising him that the transaction was not successful. If no answer is received within 48 hours, the Products will be put back in inventory.
Furthermore,IHC can refuse to sell one or many Products on preorder to a Customer who has committed to buy a preorder Product without completing the transaction once the Product is ready to be shipped.
In some instances and only at the discretion of IHC, a non-refundable deposit may be requested for Products on preorder.
All prices are in Canadian dollars and exclude all applicable taxes. The taxes will be applied in accordance with Canadian provincial and federal taxes when the Customer resides in Canada.
The Customer is responsible for all costs in regards to shipping fees, duty, taxes and customs fees and all other cost.
IHC accept payment by credit card (Visa, Master Card and American Express). IHC accept also credit card payment with Paypal or a Paypal account.
Postal money orders are accepted. The postal money order must be received within 10 days following the confirmation by the Customer to buy the Products. If the Money order is not received within the 10 days then the Products are returned to the inventory. The Products will be shipped as soon as the transfer of funds did occur. You must anticipate at least 14 business days before the funds are transferred and it may be more in some countries.
IHC does not offer Cash on delivery (COD) as of January 1st 2020.
IHC use the services of Canada post, DHL and Fedex as official Carrier. Depending on the chosen Carrier and type of shipping, you will clearly see in the cart an indication as what to expect as delay for the Carrier.
IHC will do its best to ship the Package no later than 7 days after the Customer purchase the Products. In order to minimize operations cost and to keep low cost to Customers, IHC will send Packages on Sundays and Mondays of each week. The Carrier delays are shown when the order is place and it is possible for the Customer to see the approximated amount for shipping according to the Customer’s destination.
The shipping charge include, without limitations, the handling and shipping supplies.
IHC will make the best efforts to supply the Customer with a tracking number of the Carrier. This number may not work in all countries. The Customer may ask IHC if his country has tracking capabilities.
The Customer must assume that when the purchases are done outside of a country beside Canada that it is possible that the border services of the Customer Product may open, verify and handle the Package and the Products. IHC cannot be held responsible to what happen during those events and the Customer take full responsibility of what happens during those events. Furthermore, this can also add up with additional shipping delay. Unless otherwise specified by the Customer, IHC will show a detail description of the Product and the real cost of the Package. In the case of the Customer ask that the above be change the Customer takes full responsibility for the valued declared in case the Package is lost.
Only and only if the Customer took transport insurance for the Product and that the Product is partially or fully damaged or lost during shipping, IHC will initiate the process with the Carrier in order to get a partial or full refund. When the Carrier will have completed his usual verifications and that he has accepted to refund the value of the Package, IHC will then send the same Product to the Customer only if it has the Product in stock. If the Product is not in stock then a refund will be issued to the Customer.
REFUND, CANCELLATION AND PRODUCTS RETURN
ALL SALES ARE FINAL.
IHC will refund the Product if the Product is not as described on the Website and that the Product is return without damage and that the packaging of the Product is in its original format and not damaged and not open. The shipping fees and insurance cost cannot be refunded.
Cancellation of preorder product(s): The deposit made is NON REFUNDABLE, you cannot transfer it to another order or get a store credit. YOU LOSE YOUR DEPOSIT. We have to enforce this as too many collectors were ordering and then canceling their orders and we got hit with lots of inventory that we have to resale. Imagination Hobby will do its best to accommodate you in payments plans that are reasonable. We encourage customers, when they preorder, to get on a payment plan. Therefore when the products arrive it is most likely fully paid.
Cancellation of product(s) set aside: The deposit made is NON REFUNDABLE, you cannot transfer it to another order or get a store credit. YOU LOSE YOUR DEPOSIT. We have to enforce this as too many collectors were setting aside products never to come back and we were losing the possibility of selling them. Plus we had to contact people many times. This resulted in lots of inventory set aside that was waiting for nothing. As of January 1st 2020, you have to put a deposit down on an in stock product(s) for us to set aside your product. That deposit is NON REFUNDABLE, You cannot transfer it or get a store credit. You have 30 days to come and pick it up and pay it in full otherwise the sale will be cancel, you will lose your deposit. This is final. It is your responsibility to manage the 30 days. . Imagination Hobby will do its best to contact you by email, Messenger, phone text or by phone to remind you and work with you for a swift resolution or accommodate you in payments plans that are reasonable. We encourage customers, If Imagination Hobby agrees to extend the 30 days period, it will be for higher price items and it will be on a case by case basis and you must respect the terms and conditions that we will agree upon. This is a contract. If you do not respect the terms and conditions of that contract, you order will be cancel and you will lose your deposit.
Once a customer cancel an order, all loyalty points that the customer has in cumulated at the time of the cancellation, will be voided. The loyalty points are there to thank our customer for their loyalty and the fact that they trust Imagination Hobby with their products they seek. Imagination Hobby is putting a lot of effort in fulfilling the orders and bringing them in. We value our good customers and we want to rewards them when they do. However, we have found that some customers will cancel their products or even never to bother to contact us to let us know that they don't want the product(s) anymore. Regardless of the reason of the cancellation, as we cannot know the truth behind the cancellation, we will void all points that the person will have accumulated at the date of the cancellation of a set aside product(s), lay away or preorder.
You cannot use your points as a deposit.
All shipping fees for an items that have been send and cancel by the Customer is at the Customer's expense for the return trip to IHC (unless the product is the wrong one).
If the Customer has received a Product that does not fit the description as shown on the Website, the Customer must contact IHC within 10 days at this email address:
firstname.lastname@example.org contact IHC by phone at (514) 234-8787 in order to resolve the situation.
If the Product is damaged then the Customer must contact IHC within 10 days at this email address: email@example.com or contact IHC by phone at (514) 234-8787 in order to resolve the situation.
The Customer must describe the problem and once the situation is validated and accepted by IHC, a return code will be given to the Customer for the shipping of the damaged Product. IHC will supply an expedition form by email.
The Customer is responsible of the shipping fees that are generated to ship back the damaged Product.
In all cases of return, the Customer must return the packaging of the Product, the Product, the accessories and all items. The Product must be complete and if it is not the case, the refund can be void.
No return will be accepted if the Customer did not get in contact with IHC to get a return code.
In a case where the Customer is not satisfied, he can contact IHC anytime at this email address: firstname.lastname@example.org or by phone at (514) 234-8787 or at the physical address:
Imagination Hobby & Collection inc.
C/O : Service
Postal office Sault-au-Recolet
Canada H2B 3C9
The Customer will receive an answer within a 48 delay following the reception (opening) of the message by IHC.
IHC is very concern by his Customer’s satisfaction and will do its best to satisfy his Customers.
The resolve of all requests or dispute or any problem resulting of the application or interpretation of this contract (Terms and Conditions herein) is done in regards to the Laws of the Province of Quebec. The requests must be submitted in a Quebec court of law and it is this court that will have full final jurisdiction to resolve a dispute that cannot resolve between IHC and its Customer.
RESPONSABILITY OF IHC (Liability)
IHC reserve the rights to change the Terms and Conditions of this present contract herein without notice. IHC can also change his Website’s information including the Product description, Product description and/or prices.
IHC cannot be held responsible or forced to sell a Product that has been advertised on IHC’s Website with an erroneous price. IHC will make the reasonable best efforts in order to resolve is a speedy manner any errors or omission on its Website in order to prevent Customer’s dissatisfaction.
In the event of IHC commits, for whatever reasons, an error including price, IHC will contact the Customer in order to let him know of the current situation and will transmit the correct information including the corrected price. IHC will ask the Customer if he wants a full refund if the Customer had already paid. If the Customer did not pay already, the transaction will be void and the Customer will have the choice of purchasing the Product to the correct price
IHC reserve the rights to modify the content and the functions of its Website in any ways and forms or to restrict the access to the Website or to close the Website at any moment and for any reasons he will see fit and without notice and cannot be held responsible in part or in whole of the possible consequences of such changes.
Some countries or politically subdivisions of some countries does not authorized the limitation of responsibility as previously mention in such a way that the limitation of responsibility cannot be opposed. If a part of this limitation of responsibility is not valid or cannot be opposed for whatever reason than the combined responsibility of the owner of IHC’s Website cannot exceed the total amount of a 1 Canadian dollar ($1 CAD).
The use of IHC’s Website is at the sole risk of the Customer. The IHC’s Website is available as is and IHC cannot be held responsible of Customer ability or inability of using the Website.
IHC cannot be held responsible of problems with delivery of Products in situations where it is out of IHC’s control such as and without limiting to: Act of God, war, flood, fire, work conflict, strike by workers, lock-out, riot, civil insurrection, sabotage, bombing, terrorism act, fraud, software attack, government action and similar act.
It is illegal to use a false name or to use an invalid or stolen credit card. IHC will follow up with law enforcement agencies in regards to fraud attempt or fraud.
IHC reserves the right to suspend or to terminate partially or completely any account in the following events:
- The Customer’s payment was not done in the approved delay
- The Customer’s payment was declined and the follow up delay for the Customer was expired.
- The Terms and Conditions were not respected by the Customer.
The Terms and Conditions herein takes over of any other condition, contract, oral or written contract with the Customer regarding the purchase of Product and those Terms and Conditions herein are the contract between IHC and the Customer. The Customer is responsible to read fully and completely all terms and conditions herein.
LINKS AND HYPER LINKS GOING TO OTHER INTERNET WEBSITES
The IHC’s Website has hyperlinks going to other website that are not IHC responsibility. These links and hyperlinks are supplied only for in