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About

Imaginary Enemy is a small family run online only business in Australia.

Our specialty is to share all the things we love like gaming, halloween and popculture collectibles and clothing.

We work with a combination of suppliers to source our products from around the world. Our vision is to grow the business to increase suppliers or stock within Australia to improve shipping time.

We know you can’t wait for your goodies, that is why we try our best to offer the best shipping options.

The time frame for order delivery is divided into two parts:

Processing time: Order verification and payment confirmation. All orders are sent to the warehouse for dispatch within 72 hours after the order is placed.

Shipping time: This refers to the time it takes for items to be shipped from the warehouses to the destination. After processing and leaving the warehouse, items usually take between 10 and 20 days to arrive at their destination but can take longer from time to time. This is part of the reason we offer FREE worldwide shipping!

Returns

We are not required to provide a refund or replacement if you change your mind, but you can choose to refund if an item has a major problem. This is when the item:

  • has a problem that would have stopped someone from buying the item had they known about it
  • is unsafe
  • is significantly different from the sample or description, this does not include minor colour difference from viewing on high resolution screen to material.

Alternatively, you can choose to keep the item and we will compensate you for any drop in value.

Our policy lasts 30 days. If 30 days have gone by since your purchase, unfortunately we can’t offer you a refund.

To be eligible for a return, the item must be unused and in the same condition that you received it. It must also be in the original packaging.

Please keep your proof of purchase.

Refunds (if applicable)

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.

If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.

Shipping of Returned Items

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

Depending on where you live, the time it may take for your exchanged product to reach you, may vary.

If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.

This information is in accordance with the ACCC guidelines for Returns and Refunds.

Agreement to Terms

These terms of use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Imaginary Enemy (“Company”, “we”, “us”, “our”), concerning your access to and use of the www.imaginary.com.au website as well as any other media form, media channel, mobile website or mobile application related, linked or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood and agreed to be bound by these Terms of Use. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions o documents may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right in our dole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updated the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of ach such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will e subject to, and will be deemed to have been made aware of and to have accepted the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who chose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is intended for users who are at least 16 yeas of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent of guardian read and agree to these Terms of Use prior to you using the Site.

Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality software, website designs, audio, video, text, photographs and graphics on the Site (collectively, the “Content”) and the trademarks, services marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to us the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you and in the Site, the Content and the Marks.

User Representations

By using the Site, you represent and warrant that: (1) all registrations information you submit will be true, accurate, current and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not under the age of 16; (5) you are not a minor in the jurisdiction in which you reside, of if a minor, you have received parental permission to use the Site; (6) you will not access the Site through automated or non-human means, whether through a bot, script of otherwise; (7) you will not use the Site for any illegal or unauthorized purpose; and (8) your use of the Site will not violate any applicable law or regulation.

If you provide information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

User Registration

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

Purchases and Payment

We accept the following forms of payment:

  • PayPal

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address and payment method, so that we can complete your transactions and contact you as needed. GST will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in Australian Dollars (AUD).

You agree to pay all charges at the prices in effect for your purchases and any applicable shipping fees you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Site. 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 payment method, and/or orders that use the same mailing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.

Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the site available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

  1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  2. Make any unauthorised use of the site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
  3. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
  4. Trick, defraud, or mislead us and other users, especially in any attempt to earn sensitive account information such as user data.
  5. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  6. Interfere with, disrupt or create undue burden on the Site or the networks or services connect to the Site.
  7. Attempt to impersonate another user or person or use the username of another user.
  8. Use any information obtained from the Site in order to harass, abuse or harm another person.
  9. Decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site.
  10. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
  11. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
  12. Delete the copyright or other proprietary rights notice from any Content.
  13. Copy or adapt the Sites software, including but not limited to PHP, HTML, JavaScript, Flash or other code.
  14. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive test), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
  15. Except as may be the result of standard search engine or internet browser usage, use, launch, develop, or distribute any automated systems, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorised script or other software.
  16. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
  17. Use the Site in a manner inconsistent with any applicable laws or regulations.

Guidelines for Reviews

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform and/or distribute all content relating to reviews.

Social Media

As part of the functionality of the site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the site; (2) allowing us to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations impost by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account.

You will have the ability to disable the connect between your account on the Site and your Third-Party Account at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERENED SOLEL BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content.

Third-Part Websites and Content

The Site may contain (or you may be sent via the Site) inks to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through or installed from the Site.

Site Management

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

Privacy Policy

We care about data privacy and security. Please review our Privacy Policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States. If you access the Site from the European Union, Asia or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request or solicit information from children or knowingly market to children. Therefore in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 16 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as reasonably practical.

Governing Law

These Terms of Use and your use of the Site are governed and construed in accordance with the laws of Australia applicable to the agreements made and to be entirely performed within Australia, without regard to its conflict of law principles.

Last Updated 1/10/2018

Thank you for choosing to be part of our community at Imaginary Enemy (“Company”, “we”, “us”, or “our”). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about our policy, or our practices with regards to your personal information, please contact us at privacy@imaginaryenemy.com.au.

When you visit our Site and use our services, you trust us with your personal information, in this privacy notice, we describe our privacy policy. We seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have I relation to it. We hope you take the time to read through it carefully, as it is important. If there are any terms in this privacy policy that you do not agree with please discontinue use of our Site and services.
This privacy policy applies to all information collected through our Site and/or any related services, sales, marketing or events (we refer to them collectively in this privacy policy as the “Sites”).

What Information do we Collect?

Personal Information you Disclose to us

In short: We collect personal information that you provide to us such as name, address, contact information, passwords and security data, and payment information.

We collect personal information that you voluntarily provide to us when registering at the Site expressing an interest in obtaining information about us or our products and services, when participating in activities on the Site (such as comments, reviews, entering competitions, contests or giveaways) or otherwise contacting us.

The personal information that we collect depends on the context of your interactions with us, the choices you make and the products and features you use. The personal information we collect can include the following:

Name and Contact Data: We collect your first and last name, email address, postal address, phone number and other similar contact data.

Credentials: We collect passwords, password hints and similar security information used for authentication and account access.

Payment Data: As you are using a Third-Party provider when purchasing through our Site we DO NOT collect credit card information. All payment data is stored by our payment processor and you should review its privacy policies and contact the payment processor directly to respond to your questions.

Social Media Login Data: We provide you with the option to register using social media account details, like your Facebook, Twitter or other social media account. If you choose to register in this way, we will collect the information described in the section called How do we Handle your Social Logins below.

All personal information that you provide must be true, complete and accurate, and you must notify us of any changes to such personal information.

Information Automatically Collected

In Short: Some information – such as IP address and/or browser and device characteristics – is collected automatically when you visit our Site.

We automatically collect certain information when you visit, use or navigate the site. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our and other technical information. This information is primarily needed to maintain the security and operation of our Site and for our internal analytics and reporting purposes.

Like many businesses, we also collect information through cookies and similar technologies.

Will your Information be Shared with Anyone?

In Short: We only share information with your consent, to comply with laws, to protect your rights, or to fulfil business obligations.

We only share and disclose your information in the following situations:

Compliance with Laws: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or subpoena (including in response to public authorities to meet national security or law enforcement requirements).

Vital Interests and Legal Rights: We may disclose your information where we believe it is necessary to investigate, prevent or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

Vendors, Consultants and Other Third-Party Service Providers: We may share your data with third party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: payment processing, data analysis, email delivery, hosting services, customer service and marketing efforts. We may allow selected third parties to use tracking technology on the Site, which will enable them to collect data about how you interact with us over time. This information may be used to, among other things, analyse and track data, determine the popularity of certain content and better understand online activity. Unless described in this Policy, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes.

Affiliates: We may share your information with our affiliates, in which case we will require those affiliates to honour this privacy policy. Affiliates partners or other companies that we control or that are under common control with us.

Business Partners: We may share your information with our business partners to offer you certain products, services or promotions.

With your Consent: We may disclose your personal information for any other purpose with your consent.

Do we use Cookies and Other Tracking Technology?

In Short: We may use cookies and other tracking technology to collect and store your information.

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Some cookies are required for technical reason in order for our Site to operate, and w refer to these as “essential” or “strictly necessary” cookies. Third parties serve cookies through our Site for analytics and other purposes.

Essential Website Cookies
These cookies are strictly necessary to provide you with services available through our Site and to use some of its features such as access to secure areas.

Because these cookies are necessary to deliver the Site to you, you cannot refuse them. You can block or delete them by changing your browser settings however.

If you have an account and you log in to this site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

Performance and Functionality Cookies
These cookies are used to enhance performance and functionality of our Site but are non-essential to their use. However, without these cookies, certain functionality (like videos) may become unavailable.

Analytics and Customisation Cookies
These cookies collect information that is used either in aggregate form help us understand how our Site is being used or how effective our marketing campaigns are, or to help us customise our Site for you.

Content on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

How can I Control Cookies?
You can set or amend your web browser controls to accept or refuse cookies. If you chose to reject cookies, you may still use our website though your access to some functionality and areas of our website may be restricted. As the means by which you can refuse cookies through your web browser controls vary from browser-to-browser, you should visit your browser’s help menu for more information.

How do we Handle your Social Media Logins?

In Short: If you choose to register or log in to our Site using a social media account, we may have access to certain information about you.

We offer you the ability to register and login using your third part social media account details (like your Facebook or Twitter logins). Where you choose to do with, we will receive certain profile information about you from your social media provider. The profile information we receive may vary depending on the social media provider concerned, but will often include your name, e-mail address, friends list, profile picture as well as other information you choose to make public.

We will use the information we receive only for the purposes that are described in this privacy policy or that are otherwise made clear to you on the Site. Please note that we do not control, and are not responsible for, other uses of your personal information by your third part social media provider. We recommend that you review their privacy policy to understand how they collect, use ad share your personal information, and how you can set your privacy preferences on their sites and apps.

Is your Information Transferred Internationally?

In Short: We may transfer, store, and process your information in countries other than your own.

Our servers are located in the United States. If you are accessing our Site from outside, please be aware that your information may be transferred to, stored, ad processed by us in our facilities and by those third parties with whom we may share your personal information in other countries.

If you are a resident of the European Economic Area, then these countries may not have data protection or other laws as comprehensive as those in your country. We will however take all necessary measures to protect your personal information in accordance with this privacy policy and applicable law.

How Long do we Keep you Information?

In Short: We keep your information for as long as necessary to fulfil the purposes outlined in this privacy policy unless otherwise required by law.

We will keep your personal information for as long as it is necessary for the purposes set out in this privacy policy, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this policy will require us keeping personal information longer than 5 years.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

How do we Keep your Information Safe?

In Short: We aim to protect your personal information through a system of organisation and technical security measures.

We have implemented appropriate technical and organisational security measures designed to protect the security of any personal information we process. However please also remember that we cannot guarantee that the internet itself is 100% secure. Although we will do our best to protect your personal information, transmission of personal information to and from our Site is at your own risk. You should only access the services within a secure environment.

What are your Privacy Rights?

In Short: You may review, change, or terminate your account at any time.

Account Information
If you would at any time like to review or change the information in your account or terminate your account you can:
Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with investigations, enforce our Terms of Use and/or comply with legal requirements.

Opting out of email marketing: You can unsubscribe from our marketing email list at any time by clicking the unsubscribe link in the emails that we send or by contact us using the details provided below. You will then be removed from the marketing email list – however, we will still need to send you service-related emails that are necessary for the administration of your account.

We may update this privacy policy from time to time. The updated version will be indicated by an updated date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy policy, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy policy frequently to be informed of how we are protecting your information.

Contact us about this policy at privacy@imaginaryenemy.com.au