GENERAL TERMS & CONDITIONS
1.1 TERMS OF AGREEMENT.
This Agreement shall become effective
from the date of signing and is valid until all product purchased by the
RESELLER has been on sold to end user customers (Customers).1.2
REMEMBERING BOOKS is a product of THE COLAB LTD. 1.3.
APPOINTMENT. REMEMBERING BOOKS agrees to appoint the
purchaser as a RESELLER for Remembering Books products and the
purchaser accepts this appointment. REMEMBERING BOOKS
authorizes the PURCHASER to resell the product only to end user
customers ("Customers") within their country. Other markets will be
nominated on a case by case basis.
2. RESELLER RESPONSIBILITIES
It is the Reseller's responsibility under this Agreement to: a) Comply with
this Agreement; b) Deliver to the end user Customer all products
purchased by Customer; c) Work with the Customers, face to face, in a
competent, professional, and effective manner; with positive
representation of the Product(s), d) Utilize best efforts to ensure that
Customers are satisfied and able to use the product.
RESELLER is an independent contractor and not REMEMBERING
BOOKS agent, partner, or representative. RESELLER has no power to
bind REMEMBERING BOOKS, or to change or vary any of
REMEMBERING BOOKS terms, conditions, warranties, or promises.
REMEMBERING BOOKS may modify any product or may discontinue
the supply of any product at any time. REMEMBERING BOOKS will use
its best effort to notify RESELLER 60 days prior to such discontinuance
5. OWNERSHIP AND PROPRIETARY RIGHTS
RESELLER acknowledges that all right, title, and interest in the
REMEMBERING BOOKS product range belongs to REMEMBERING
BOOKS. RESELLER is expressly prohibited from reverse engineering, or
decompiling of the Product. RESELLER indemnifies and hold harmless
REMEMBERING BOOKS from and against any loss, liability, damage, or
expense (including legal fees) incurred by RESELLER, as a result of any
REMEMBERING BOOKS breach of any of their obligations under this
section, or under applicable copyright or intellectual property law.
7. TRADEMARKS AND SERVICE MARKS
"Marks" shall mean all trademarks, service marks, tradenames, logos of
otherwords identifying or used in connection with the Product..
RESELLER acknowledges that all Marks are and will remain our
exclusive property. RESELLER agrees not to use the Marks in any
advertising or in any other way, except you may use the Marks to: a)
State that RESELLER is authorized to sell the Product. b) Refer to the
Product items by their associated Marks, provided that such references
are truthful and not misleading, and that RESELLER clearly identifies
REMEMBERING BOOKS as the owners of the Marks.
8. WARRANTY AND LIMITATION ON WARRANTY
8.1 WARRANTY/LIMITATION. REMEMBERING BOOKS warrant all
Products under this Agreement in accordance with our standard written
warranties, in effect at the time of sale. SUCH WARRANTIES ARE IN
LIEU OF ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, RESPECTING THE PRODUCT AND ANY SERVICES
PROVIDED BY REMEMBERING BOOKS
8.2 INDEMNITY. RESELLER
agrees to indemnify REMEMBERING BOOKS and to hold it harmless
from and against any loss, damage, claim or demand whatsoever arising
out of RESELLER activities.
8.3 REMEDY FOR DEFECTIVE PRODUCT.
RESELLER remedy from REMEMBERING BOOKS under this
Agreement for any breach of warranty or other claim of defect in the
product shall be limited to, at REMEMBERING BOOKS selection, either
a credit to the RESELLER account of the corresponding original
purchase price of the individual Product, or replacement of the Product
with charge for any applicable exchange fee.
9. PRODUCT PROMOTION AND ADVERTISING
RESELLER may use the trade names of REMEMBERING BOOKS
Product(s) in advertising that promotes REMEMBERING BOOKS
Product(s), provided that RESELLER agrees to comply and require its
Customers to comply with such advertising guidelines that
REMEMBERING BOOKS may issue from time to time and correct at
RESELLER's own expense such materials that REMEMBERING BOOKS
determines to be objectionable or misleading.
RESELLER agrees not to disclose any confidential information that you
receive from REMEMBERING BOOKS, whether oral or written, or in
other tangible form and that is identified by REMEMBERING BOOKS as
confidential or proprietary.
11. RENEWAL/TERMINATION OF THIS AGREEMENT
11.1 This Agreement renews if REMEMBERING BOOKS agree to fulfil
further orders from RESELLER. 11.2 This Agreement terminates: a) ten
(10) days after REMEMBERING BOOKS notifies RESELLER of any
material breach of any provisions of this Agreements; unless such breach
is cured by you within ten (10) days of such notice; or b) automatically, if
RESELLER is the subject of a proceeding in bankruptcy, placed in
receivership, or enter into an arrangement for the benefit of
RESELLER'S creditors. Neither party shall be liable to the other for any
damages, losses or expenses related to the termination of this
Agreement. RESELLER obligations to pay for Product delivered and to
protect REMEMBERING BOOKS confidential information continues after
12. PRODUCT PRICING AND REVISIONS
12.1 Pricing for specific customer configurations will be on a customized
basis as set out in the order form. Where custom pricing is not noted all
pricing will be as per product pricing schedule at the time of
purchase.12.2 REMEMBERING BOOKS reserves the right to increase
the Product price of any Product upon ninety (90) days written notice to
RESELLER by email. Product(s) ordered by RESELLER prior to or
during the ninety (90) day notification period will be invoiced in
accordance with the price schedule in effect at the time such written
notice is given if such Product(s) are to be shipped within ninety (90)
days of the date of such notice or at REMEMBERING BOOKS
convenience. 12.3. In the event of a price decrease, all Product(s)
shipped to the RESELLER, on or after the date specified by
REMEMBERING BOOKS written notice to RESELLER, will be invoiced
at the decreased product price. 12.4 Pricing is listed in NZD unless
stated otherwise. It is at the discretion of the RESELLER at what price
the product (s) are onsold to the Customer however Remembering Books
reserves the right to demand adjustment to these prices should the price
structure employed by the RESELLER be deemed detrimental to the
ongoing business of REMEMBERING BOOKS.
13.1. RESELLER shall issue further purchase orders or changes to
purchase orders by email, phone or via the Remembering Books website only.
only. All such orders shall indicate product quantity, order number, price,
ship to location and product description. Every order will be governed
exclusively by the terms and conditions of this Agreement and any
conflicting term or condition set forth in any order form shall have no
force or effect except where mutually agreed upon in writing. 13.2. No
deliveries of Product(s) by REMEMBERING BOOKS subsequent to the
expiration or termination of this Agreement shall extend or renew this
Agreement however RESELLERS's obligations to pay for Product(s)
shall remain in force.
14. PAYMENT OF INVOICES AND TAXES
14.1. Any purchase order will be paid by RESELLER in advance of
shipment by bank transfer or via the Remembering Books website.
. 14.2. RESELLER must pay any applicable sales or use taxes, customs or
duties, imposed under the authority of any local taxing jurisdiction,
These may be included in the shipping price and
billed by REMEMBERING BOOKS to RESELLER. However if they are
omitted, any remaining taxes, customs or duties are the responsibility of
RESELLER. 14.3. RESELLER shall be liable for any default in payments
under this Section.
15. RISK OF LOSS
All risk of loss for the Product shall pass from us to you at the time and
place of delivery to you or the carrier for delivery to you, whichever
Any disputes between us arising under this Agreement that cannot be
resolved through reasonable discussion by all parties shall be resolved
under NZ law. Proceedings shall be held in Auckland NZ. The
RESELLER shall bear their own expenses in the proceeding, including
but not limited to legal fees and travel expenses.
17.1. Entire Agreement.This agreement constitutes the entire agreement
between us with respect to the subject matters. 17.2. Modifications. This
Agreement may not be modified, except by written amendments signed
by both parties.
RETURN & REFUND POLICY
Our policy lasts 30 days. If 30 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange. To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.
To complete your return, we require a receipt or proof of purchase.
There are certain situations where only partial refunds are granted: Any item not in its original condition, is damaged or missing parts for reasons not due to our error, or any item that is returned more than 30 days after delivery.
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.
LATE OR MISSING REFUNDS
If you haven’t received a refund yet, first check your bank account again. Then contact your credit card company, it may take some time before your refund is officially posted. Next contact your bank. There is often some processing time before a refund is posted. If you’ve done all of this and you still have not received your refund yet, please contact us at firstname.lastname@example.org.
Only regular priced items may be refunded, unfortunately sale items cannot be refunded.
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 are located, 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.
Remembering Books are a product of The Colab, a Product and Graphic Design Studio in Auckland, New Zealand.