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Terms and Conditions

Section 1: Introduction

1.1 These Terms and Conditions apply to each purchase by you of a Product from us, Software Hothouse Ltd trading as RememBird.

1.2 We may change these Terms and Conditions at any time by posting revised Terms and Conditions on this website.  You will be asked to review and accept the Terms and Conditions each time you place an order for any Product so as to ensure that you are aware of any new Terms and Conditions.

1.3 Please note that nothing in these Terms and Conditions creates any obligation on us to supply any Product and, accordingly, we reserve the right at all times and for any reason whatsoever to reject an offer by you to purchase any Product.

Section 2: Our Contract

2.1 You will have an opportunity to check and correct any input errors in your order up until you submit your order by clicking the Submit Order button on the Buy Online page. Following receipt of your order, we will send you an acknowledgement of your order by email. Please note that this acknowledgement does not constitute acceptance of your order for any Product.

2.2 Acceptance of your order and the creation of a legally binding contract between you and us with respect to a Product will only occur when we send you a second e-mail, which will confirm that each Product you have ordered is in stock and we are processing your order. Alternatively, we may decline all or part of your order for any reason, in which case our second email will tell you so.

2.3 We will tell you if your payment details cannot be authorised for any reason and may invite you to pay by another method.

Section 3: Prices and Payment

3.1 All prices on this website are shown in UK pounds sterling. Unless stated otherwise, prices include any VAT payable. Postage and packing is charged separately and is clearly shown on your order summary before you are asked to commit your order. For further details please see Section 4: Delivery Policy.

3.2 Prices, offers and Products are subject to availability and may change before (but not after) we accept your order in accordance with Section 2.2 above. If something becomes unavailable we may offer you an alternative.

3.3 We try to ensure that all information on this website is accurate. However, if we discover an error in the price or description of a Product you have ordered, we will tell you and ask you whether you wish to continue with your order or cancel it.

3.4 We accept payment by MasterCard, Visa, Visa Debit and Switch. Payment is deducted when we ship your order.

Section 4: Delivery Policy

4.1 Where we deliver: Delivery must be to the address at which your payment card is registered. support@remembird.com.

4.2 Delivery Charges: The cost of delivery of Products is shown on your order summary.

4.3 Delivery Times: Delivery times are calculated in working days, ie Monday to Friday (excluding UK Bank holidays). If we accept your order after 3.00 pm (UK time), please calculate your delivery time as if your order is accepted the following working day.  Whilst we aim to deliver all orders as soon as possible, please allow ten working days for delivery. If we are unable to deliver within this timeframe, we will let you know before accepting your order.

4.4 Missing, Damaged or Incorrect Products: If your order has not been delivered within ten working days of the date on which we accept your order (or within any longer period of which you have been notified), or if a Product arrives damaged or faulty, please e-mail us at support@remembird.com or telephone us on +44 (0)1273 401941.

Section 5: Warranties and Support

5.1 We warrant that Products will, if operated in accordance with the applicable manufacturer’s instructions, function for a period of 12 months form the date of purchase in accordance with the specifications described on the Product Detail pages of this website. For the avoidance of doubt, this warranty does not cover faults caused by accident, neglect, misuse or normal wear and tear.

5.2 If your Product is faulty, please follow the Support Procedure (click here), and, if advised to do so, send the Product with the returns reference given to us by pre-paid recorded delivery post to “RememBird, Ivor Cottage, South Chailey, East Sussex BN8 4AP”. If the Product is under warranty (in accordance with the terms set out in Section 5.1) we will either repair or replace the Product free of charge and return it to you. If the Product is not under warranty, we will let you know if the Product can be repaired and, if so, at what cost. Please note that we will not undertake the repair of any Product that is not under warranty before we have received full payment.

5.3 In addition to your Product warranty, we provide free telephone support for any software components forming part of any Product for a period of 90 days from the date of purchase of such Product. If you require software support, please follow the Support Procedure (click here). If your problem is not resolved by the online resources, you will be advised to contact us by email at support@remembird.com or by post to “RememBird, Ivor Cottage, South Chailey, East Sussex BN8 4AP”. You will then be contacted by our helpdesk, normally within two working days.

5.4 The warranties set out in this Section 5 do not affect your statutory rights.

Section 6: Cancellation and Refund Terms

6.1 Cancellations: You can cancel your purchase of any Product at any time either before or up to 14 days after receipt by you of the Product by:

(a) returning the Product and a copy of your invoice by pre-paid, recorded delivery post to “RememBird, Ivor Cottage, South Chailey, East Sussex BN8 4AP”; or

(b) if the cancelled Product has not been despatched by us, by sending us an e-mail at support@remembird.com or writing to us at “RememBird, Ivor Cottage, South Chailey, East Sussex BN8 4AP”, in either case with sufficient information to enable us to identify you and the order being cancelled.

Please note that any returned Product must be complete, unused and in 'as new' condition (eg if you have opened the box to examine the Product you must have done so without damaging or marking the Product in any way). It should be returned with the original box, packing and accessories.

6.2 Refund: Following cancellation of your order in accordance with Section 6.1 and subject to you returning the Product, you will receive a full refund of all monies paid.

6.3 Statutory Rights: The Cancellation and Refund Terms set out in this Section 6 do not affect your statutory rights.

Section 7: General

7.1 Intellectual Property: All copyright, database rights, trade mark rights and all other intellectual property rights in the content, design or information relating to any of the Products (including without limitation the RememBird logo and images) belong to us (or our licensors). No material may be reproduced, modified or transmitted in any form or by any means, without our prior written permission.

7.2 Assignment: We are entitled to assign or subcontract any or all of our rights and obligations under these Terms and Conditions, provided that any person or organisation that we assign or subcontract agrees to comply with these Terms and Conditions to the same extent as us.

7.3 Force Majeure: We will not be liable to perform our obligations under these Terms and Conditions where such liability is caused for matters outside our reasonable control, including but not limited to any failure by our suppliers.

7.4 Notices: You may give any notices to us by e-mail to support@remembird.com, by fax to +44 (0)1273 401941, or by post to Ivor Cottage, South Chailey, East Sussex BN8 4AP, England. We may give any notices to you at the address at which your payment card is registered. Notices shall be deemed to be given 24 hours after the email or fax is sent (unless the sending party is notified that the e-mail or fax has not been delivered) or, if the notice is sent by post, two working days after the date of despatch.

7.5 Law and Disputes: We agree to act in good faith to resolve any dispute or claim arising out of the supply of Products or these Terms and Conditions through negotiation. If we fail to resolve any dispute by negotiation, these Terms and Conditions shall be governed by the laws of England.

Part 8: Definitions

Product: RememBird and/or any other products from time to time advertised on this website.

RememBird: the proprietary audio recorder known as “RememBird”, as more particularly described here and here

Software Hothouse Ltd: a company registered in England and Wales with company number 4714088 and its registered office at Ivor Cottage, South Chailey, East Sussex BN8 4AP which, for the purpose of the supply of Products, trades as “RememBird”