International – General terms of delivery and payment for non-German-speaking countries
Hueber Verlag GmbH & Co. KG
Max-Hueber-Str. 4
D-85737 Ismaning
phone +49 (0)89/96 02-0
fax +49 (0)89/96 02-328
Bankkonto: HypoVereinsbank München
BLZ: 700 202 70
KtoNr. 36 102 500
The following terms of delivery and payment apply to all direct orders from bookstores, institutions, wholesalers and private customers from non-German-speaking countries, unless otherwise specified in writing. They also apply to orders from third persons which are sent to bookstores for delivery. Conditions set by the purchaser, even when unopposed, do not nullify the following conditions of sale. Orders are processed on behalf of, for the account of and on the instruction of Hueber Verlag. For details see appropriate invoice. Providing that licensing considerations do not prevent the export of certain titles, all Hueber publications are available on the following terms:
I. International orders
II. Currency – Retention of title
III. Delivery
IV. Shipping risks, complaints
V. Returned purchases
VI. Payment
VII. Place of jurisdiction and performance
VIII. Applicable law
IX. Effectiveness (Saving Clause)
I. International orders
The quickest way to place orders from abroad is through our shop on the Internet. Orders can also be placed by fax, phone or e-mail.
If possible, orders should include the Hueber customer reference number and title numbers, and also ISBN numbers. Where title and ISBN numbers do not concur, we shall adhere to the ISBN number. We cannot accept responsibility for correct and punctual delivery of orders if details are missing or inaccurate.
1. Orders will be processed as promptly as possible. We are not obliged to meet specific deadlines. Cancellations and changes can only be taken into consideration when they are received before the original order is processed.
2. Where titles are not yet in print, are temporarily unavailable or out of stock, this will be noted on the invoice. We book these titles and deliver them without further notice.
3. Stoppages, strikes or other constraints outside our control release us from the obligation to execute an order. We cannot be held liable for ensuing damages.
II. Currency – Retention of title
1. All invoices are in Euro and must be paid for in this currency.
2. Goods remain our property until all demands have been paid.
III. Delivery
Unless otherwise specified we deliver consignments to foreign countries from our warehouse in Ismaning using the Hueber delivery procedure. We employ the most advantageous mode of delivery, without charge for packaging, depending on content and weight of the consignment. No claims resulting from this procedure will be recognised. If you wish to receive an order before a certain date or by a specific method of delivery, please be sure to note this when ordering. All costs of delivery ex warehouse, including the cost of any subsequent deliveries, will be charged to the recipient.
IV. Shipping risks, complaints
1. Complaints can only be processed when accompanied by the customer reference number, date and invoice number of the relevant order.
2. All consignments are sent at the recipient’s cost and risk. Lost or damaged consignments cannot be replaced. Recipients themselves must assert any claims against the post office, railway, carriers or other delivery services.
3. The contents of a consignment are considered to conform to the invoice and order, and to be free of damages, unless we receive a written complaint of deviations or defects from the recipient within 5 days of receipt of the consignment. Complaints must be accompanied by the invoice date and number. Complaints cannot be processed unless the packing slip enclosed with every consignment is returned.
Where complaints are justified and have been made within the specified period, the purchaser is entitled to a replacement delivery, conversion of the purchase contract or reduction of the purchase price, at publisher’s option. Claims for damages are excluded except for damage caused intentionally or through gross negligence.
We can also only be held liable for other statutory or contractual cases of liability, in particular arising from delay, contravention of contractual obligations or obligations from contractual negotiations, inability to perform, impossibility of performance or tort, in cases of gross negligence or wrongful intent. Replacement orders will be calculated according to the terms valid at the time.
V. Returned purchases
When returning goods from abroad it is necessary to contact the publisher first.
1. Goods for which a firm order has been placed can only be returned or exchanged if the publisher has given written approval. Reference details must be included with queries on returning books. These details are the basis on which approval for the return of the books might be given. Books returned prior to approval may be sent back to purchasers at their own cost. A further stipulation of return is that the goods arrive in a saleable condition at the publisher’s warehourse.
2. All returns are at the sender’s cost and risk until we receive the consignment.
3. Returning the consignment does not release the purchaser from the obligation to pay.
VI. Payment
As a new customer you will receive a customer reference number with your first order. A separate invoice with a new invoice number will accompany each order.
On receipt of your order we will send you a written invoice. For payment we accept the following credit cards: Am-Ex, Mastercard, Eurocard, Diners and Visa. We will need the number and expiry date of your card in advance. We will then debit your account with the amount due, before sending the consignment.
You may also pay by bank transfer. In this case you will get a pro forma invoice.
1. Deliveries to international markets can only be released against payment in advance.
2. Payments must be accompanied by the customer reference and invoice numbers.
3. Where demands are not settled by the due date, the total outstanding balance becomes due for immediate payment. We will charge reminder fees and the customary interest on defaulted payment.
4. The pro forma invoice indicating the sum to be transferred before delivery will include only those titles in stock on the day the invoice is made and the cost of shipment depending on the mode of delivery. Titles still in preparation or not in stock will be listed with details of the projected date of publication and will be provisionally noted. On receipt and entry of payment, the invoice will be raised. Liability claims against Hueber for delayed delivery due to payment in advance are excluded, since stock cannot be reserved.
5. All payments must be made in full and without deductions for charges incurred. Discount deductions will not be accepted.
6. Owing to the greater expense associated with deliveries abroad, the gross prices shown in our catalogues and invoices are stipulated as export prices.
VII. Place of jurisdiction and performance
Place of jurisdiction and performance for demands by Hueber Verlag on all deliveries is Munich.
Hueber Verlag also has the right to assert claims at the place of business of the customer.
VIII. Applicable law
The law of the Federal Republic of Germany applies to these terms of delivery and payment and to all legal relations between Hueber Verlag and the customer.
IX. Effectiveness (Saving Clause)
Should any individual provision of these terms of delivery and payment be or become void, the validity of the remaining provisions hereof and any contracts concluded on the basis of these terms of delivery and payment shall in no way be affected. In such a case, the void provision shall be replaced by a relative provision coming as close as possible to the commercial purpose of the void provision. Failure by Hueber Verlag to exercise rights - even over a long period - does not give the customer the right to plead that Hueber Verlag has waived these rights.