Scope of the Terms of Service
These General Terms of Service (hereinafter referred to as “TOS”) apply to all services used and purchases made on the Learning Design Tools website (learningdesign.tools) presented by imaginary institute, in the version valid at the time of the order. Deviating terms and conditions of the customer are rejected.
Imaginary Institute s.r.l. offers the provision and sale of free and paid physical and digital tools, templates, and products, as well as consulting services for private and business customers. These TOS apply to both private and business customers.
Private customers in this context are individuals residing and having a delivery address in Italy or the EU, provided that the goods or services ordered cannot be attributed to their commercial or self-employed professional activity. Business customers are requested to place orders through the designated business customer channels. New business customer accounts can be created in writing via email and must be confirmed in writing by Imaginary Institute s.r.l.. The provision of services to business customers may be subject to extended conditions which must be agreed upon in writing.
Conclusion of Contract
The products and services presented on the Imaginary Institute s.r.l. website do not constitute legally binding offers and are merely invitations to customers to submit offers. An order for a product or service represents an offer to Imaginary Institute s.r.l. to enter into a legally binding purchase contract. The purchase contract is only concluded by a declaration of acceptance from Imaginary Institute s.r.l., which, in the case of products, is made either by delivery or by dispatch confirmation via email, and in the case of services, by commencement of the service. An order confirmation does not constitute a declaration of acceptance by Imaginary Institute s.r.l..
Access to the website of Imaginary Institute s.r.l. requires free registration. By registering with the systems of Imaginary Institute s.r.l., the customer accepts the TOS. The customer will be informed of the specific services and payment conditions when concluding contracts that incur charges. Invoices will be provided via email.
Prices and Shipping Costs
The displayed prices are final prices including VAT. The amount shown at the time of the binding order is applicable. Additional shipping costs may apply, depending on the shipping method and the size and weight of the goods ordered by the customer. The regular return shipping costs incurred by the customer when exercising their right of withdrawal are borne by the customer. If the customer exercises their right of withdrawal, Imaginary Institute s.r.l. will also refund the delivery shipping costs, provided no special services were separately agreed upon. Use of services may require registration on the website. If a paid service is used, the customer will be informed of the scope of services and associated costs.
Payment
Payment is due upon conclusion of the contract via Amazon Pay, Apple Pay, Google Pay, credit card, direct debit, prepayment, invoice, payment upon collection, Giropay, Paydirekt, PayPal, Klarna, or Skrill, provided the respective option is offered during the checkout process. Invoice payment is only available to adults with both billing and delivery addresses in Italy. Invoice payment is not available for digital products or services delivered or provided online. Invoice amounts are due upon receipt. Imaginary Institute s.r.l. reserves the right to change or not offer certain payment methods at its own discretion. By using SEPA direct debit, online payment procedures, or credit card, the customer authorizes Imaginary Institute s.r.l. to collect the due amounts.
Payment Default
If the customer defaults on payment, Imaginary Institute s.r.l. is entitled to charge interest on arrears at a rate of 5 percentage points above the base interest rate published by the Deutsche Bundesbank at the time of the order. If Imaginary Institute s.r.l. can prove greater damage caused by default, it is entitled to claim this. In the event of chargebacks caused by the customer, Imaginary Institute s.r.l. will charge a flat compensation fee of EUR 5 per transaction. The customer may prove that no damage has occurred or that the damage is less than the flat fee.
Customer Account
(1) When registering on the website or systems of Imaginary Institute s.r.l., the customer account is provided solely for personal use. Use by third parties or transfer of the account to third parties is not permitted. The customer may cancel the account at any time without stating reasons via postal mail or email. Upon cancellation, the contract for the use of the customer account ends.
(2) For chargeable services or products offered for specific booking periods, such services can be canceled up to 30 days before the end of the current booking period. Otherwise, the contract extends by the selected booking period. Cancellations outside this period become effective only at the end of the next booking period. Cancellations must be in writing, including the full name, address, and registered email address, and must be confirmed in writing by Imaginary Institute s.r.l.. Cancellations should be sent to:
Imaginary Institute s.r.l.
Via Gustavo Fara 26
20124 Milano, MI
Italia
(3) The customer is obliged not to provide intentionally false or fraudulent information in the customer account or other areas of the website or within digital products operated by Imaginary Institute s.r.l.. In case of violation, Imaginary Institute s.r.l. reserves the right to take legal action and terminate the contractual relationship without notice. In the event of culpable breach, the customer must pay compensation for the remaining contract period. The compensation amount is based on the agreed fee minus saved expenses, which are set at 10% of the fee. The customer may prove that no or lesser damage has occurred, or that the saved expenses are higher.
(4) Imaginary Institute s.r.l. may, at its sole discretion, terminate a customer account at any time, with or without notice or reason. Imaginary Institute s.r.l. reserves the right to delete customer profiles, data, or information provided by the customer. The customer does not need to be informed about the deletion process or reason. After termination of the contract, all customer data will be deleted unless legal obligations require retention.
Right of Retention
The customer is only entitled to exercise a right of retention insofar as their counterclaim is based on the same contractual relationship.
Delivery
(1) Delivery is made to the delivery address provided by the customer, within Italy or Europe. Different delivery addresses in international countries must be agreed upon in writing and confirmed by Imaginary Institute s.r.l.. All related costs, including import duties, taxes, or other fees for deliveries outside the EU, are the customer’s responsibility and non-refundable. Further information on local duties, fees, and regulations can be obtained from the local customs office.
(2) Availability information for products and services is indicative and does not represent guaranteed delivery or provision dates unless explicitly confirmed. If products or services are no longer available, the customer will be informed by email. Delivery occurs after contract conclusion.
(3) If force majeure (e.g., natural disasters, war, civil war, terrorist attacks) makes delivery or other services permanently impossible, Imaginary Institute s.r.l. is released from the obligation to perform. Already paid amounts will be refunded immediately, minus any amounts for partial services already provided.
(4) Imaginary Institute s.r.l. may also refuse performance if the required effort is grossly disproportionate to the customer’s interest in fulfilling the contract, considering the contract content and good faith. Already paid amounts will be refunded promptly.
(5) For selected product categories and services, including all digital content or software not provided on physical media, there is no right of cancellation once download or use has begun.
Returns
(1) When returning goods and accessories, the original packaging should be used if possible, even if it was opened for functional testing. The included, fully completed return form must be used. A return method with tracking must be selected.
Retention of Title
Until all claims from the purchase contract have been settled, the delivered goods remain the property of Imaginary Institute s.r.l.. While this retention of title exists, the customer may not resell or otherwise dispose of the goods or grant usage rights to third parties.
Right of Withdrawal
The following right of withdrawal applies to private customers:
(1) For all products not excluded from cancellation, customers have the right to withdraw from the contract within 14 days without giving reasons. The withdrawal period begins on the day the goods are received or the contract is concluded, in the case of digital products or services.
(2) The withdrawal must be declared unambiguously by post or email to:
Imaginary Institute s.r.l.
Via Gustavo Fara 26
20124 Milano, MI
Italia
The withdrawal will be confirmed via email. Notification within the withdrawal period is sufficient, provided goods are returned within the deadlines described below.
(3) Following withdrawal, Imaginary Institute s.r.l. will refund all received payments, including delivery costs (excluding agreed special services), within 14 days. The refund will be made using the same payment method unless otherwise agreed in writing. If the customer withdraws after a service has partially started or digital use has begun, an appropriate fee will be charged for services rendered. There is no right of withdrawal for digital products once download or use has begun.
(4) Refunds may be withheld until the goods are returned or proof of return is provided. Use of digital products must cease immediately upon withdrawal declaration; otherwise, the withdrawal is void. Goods must be returned within 14 days of withdrawal to:
Imaginary Institute s.r.l.
Via Gustavo Fara 26
20124 Milano, MI
Italia
The customer bears the cost of return shipping.
(5) The customer must compensate for any depreciation of the goods only if it results from handling beyond what is necessary to examine the nature, properties, and functioning of the goods. No withdrawal right exists for goods/services made to customer specifications or customized, or services fully provided where the customer acknowledged that the right of withdrawal would expire upon complete fulfillment.
Warranty Rights
(1) In case of a defect present upon delivery, Imaginary Institute s.r.l. will replace the product or repair it at its own expense, at the customer’s choice. A warranty case does not exist if the product conformed to the agreed specifications at the time of transfer of risk. Notably, warranty claims do not apply in the following cases:
a) damages caused by misuse or improper handling by the customer;
b) damages from exposure to harmful external influences (e.g., extreme temperatures, moisture, physical/electrical stress, power surges, lightning, static electricity, fire).
(2) Imaginary Institute s.r.l. does not provide warranty for defects caused by unauthorized repairs.
(3) If the chosen method of remedy (replacement or repair) is disproportionate, the customer is limited to the alternative method. Imaginary Institute s.r.l. may also refuse both under certain conditions.
(4) For returns, the customer must send the item with the order number and at Imaginary Institute s.r.l.’s expense. Items inserted into the product must be removed. Imaginary Institute s.r.l. is not liable for loss unless the inclusion was clearly apparent.
(5) If the customer uses the product between delivery and return, compensation for lost value may be required. There is no compensation for normal use. The obligation to compensate is waived under specific conditions, such as the defect only becoming apparent during use, or the loss being the responsibility of Imaginary Institute s.r.l..
(6) The customer is liable for any breach of return obligations according to legal provisions.
(7) If a repair or replacement does not resolve the issue, the customer may withdraw from the contract or reduce the purchase price.
(8) Additional manufacturer warranties may exist.
(9) The statutory warranty period is two years from delivery.
Liability
(1) In cases of slight negligence, liability is limited to essential contractual obligations and foreseeable, typical damage. This does not apply to injury to life, body, or health.
(2) Liability remains unaffected in cases of fraudulent concealment or assumption of a guarantee. Manufacturer warranties are not guarantees from Imaginary Institute s.r.l..
(3) Imaginary Institute s.r.l. is liable for accidental impossibility during default unless the damage would have occurred even with timely delivery.
(4) Personal liability of legal representatives or employees for slight negligence is excluded.
(5) Use of free or paid digital products/services is at the customer’s own risk. Imaginary Institute s.r.l. is not liable for damages, especially related to data security. Products intended for standardized processes must be adapted individually. Without such adaptations, application is at the customer’s own risk.
Applicable Law
The contract is governed exclusively by the law of Italy, excluding the UN Sales Convention. Mandatory provisions of the customer’s country of residence remain unaffected.
Jurisdiction
If the customer has no residence in Italy, moves abroad after contract conclusion, or if their location is unknown at the time of filing, Milan shall be the place of jurisdiction.
Dispute Resolution
General duty to inform under Art. 14(1) ODR Regulation and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (ODR), accessible at: http://ec.europa.eu/consumers/odr/. Imaginary Institute s.r.l. is not obligated or willing to participate in dispute resolution before a consumer arbitration board.
Data Protection
Imaginary Institute s.r.l. provides information on the processing of personal data in its Privacy Policy.
Final Provisions
(1) If individual provisions of this contract are or become invalid or void, this shall not affect the validity of the rest of the contract, provided this does not unreasonably disadvantage one party.
(2) Amendments or additions to this contract must be made in writing.