6. Your Right of Recall, Agreement Concerning Return Consignment Costs
6.1 GUIDANCE CONCERNING THE RIGHT OF RECALL FOR CONSUMERS
You may recall in writing (e.g. via letter, fax or E-mail) or - if the matter has been conveyed to you before lapse of time - by return consignment, your contractual declaration within a period of 14 days and without the obligation to indicate any reasons for your recall. The period begins upon receipt of this guidance in writing, however, not before the matter has actually been delivered to the recipient, and not before we have met our information obligation in accordance with § 2 of Article 246 in connection with § 1, Paragraphs 1 and 2 EGBGB, as well as our obligations in accordance with § 312g, Paragraph 1, Sentence 1 BGB in connection with § 3 of Article 246 EGBGB. The revocation term is kept if the recall or the matter has been sent in time.
The recall is to be addressed to:
Hueber Verlag GmbH & Co. KG, Max-Hueber-Str. 4, D-85737 Ismaning
fax: 089 / 96 02-328
E-Mail: orders@hueber.de
CONSEQUENCES OF A RECALL: In case of an effective recall, mutually received services are to be returned and benefits (e.g. interest income) that may have been drawn are to be surrendered. If you are unable to return, resp. surrender the received services or benefits (e.g. usage benefits) in full or in parts or only able to return them in deteriorated condition, you are liable for compensation. You are only liable for compensation for the deterioration of the matter or for the enjoyment of benefits if the usage or the deterioration is due to improper handling which exceeds the testing of the properties and the functionality of the matter. The “testing of the properties and the functionality of the matter” is to be understood as a form of testing and trying out similar to the one practiced in e.g. a shop or a store. Matters which can be sent back in packages are to be sent back at our risk. You will be charged the regular costs of return consignment if the delivered article conforms with the ordered one, and if the price of the re-turned matter does not exceed the amount of Euro 40, or if a higher price of the matter applies at the time of recall, or if you have not yet rendered a quid pro quo or a contractually agreed upon payment by instalment. In all other cases, return consignments are free of charge. Matters which cannot be sent back in packages will be fetched from your residence. Payment obligations must be fulfilled within a period of 30 days. For you, the term begins with the posting of your recall, resp. the matter, for us with the receipt of same.
SPECIAL NOTES:
The right of recall does not apply to video and audio carriers or to software if the delivered data carriers have been unsealed.
Furthermore, the right of recall does not apply to goods which, due to their specific characte-ristics, are unfit for return consignment. This may be the case with e.g. downloads.
End of guidance concerning the right of recall.
6.2 Cost agreement: If you exercise your right of recall, you will be charged the regular costs of return consignment if the delivered article conforms with the ordered one, and if the price of the re-turned matter does not exceed the amount of Euro 40, or if a higher price of the matter applies at the time of recall, or if you have not yet rendered a quid pro quo or a contractually agreed upon payment by instalment. In all other cases, return consignment is free of charge.