Our Standard Terms & Conditions

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.

 

3. RELATIONSHIP

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.

 

4. PRODUCTS

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

by email.

 

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.

 

10. CONFIDENTIALITY

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

termination

 

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. ORDERS

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

occurs first.

 

16. DISPUTES

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. MISCELLANEOUS

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.

 

REFUNDS

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 info@rememberingbooks.com.

 

SALE ITEMS

Only regular priced items may be refunded, unfortunately sale items cannot be refunded.

 

SHIPPING

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.