General Terms and Conditions

Hueber-Shop Terms of Sale

Update: September 2011

Contact and Payment Information:

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

Bank Account Name: HypoVereinsbank München
Bank Code Nr.: 700 202 70
Account Nr.: 36 102 500
IBAN: DE74 7002 0270 0036 1025 00
SWIFT: HYVEDEMMXXX

These General Terms and Conditions („GTC“) apply to contracts concluded between Hueber Verlag GmbH & Co. KG („Hueber“) and customers of the online-shop with the URL www.hueber.de/huebershop („Web-Shop“).

Along with the bibliographic information, the web-shop also shows the symbols for the terms of sale. They are:
= proof copy price (20% discount) for teachers,
= Non-binding retail price recommendation

Everything about your Order
In accordance with § 2 of the law on long-distance transactions, we would like to inform private end users (no merchants, no institutions such as schools, no end users who place orders in connection with their commercial or freelance activities) about essential rights and obligations:

1. Who do you place your order with? Who do you turn to in case problems arise?

You place your order with Hueber Verlag GmbH & Co. KG, Max-Hueber-Straße 4, 85737 Ismaning. Hueber is your contract partner. You can contact us via phone under +49 (0)89 / 96 02 96 03. On work days, we are at your disposal from 8.00 a.m. to 5.00 p.m. (on Fridays, from 8.00 a.m. to 4.00 p.m.) Before and after these times, your order via telephone will be registered by our automatic order acceptance. If you want to send a fax, please dial 089 / 96 02-328. Our E-Mail address is orders@hueber.de

Austria:
Hueber Verlag, c/o Mohr Morawa, Sulzengasse 2, 1230 Wien
phone: 01 689 45 50
fax: 01 68 01 41 53
E-Mail: buero.wien@hueber-verlag.at

2. When does an order become binding? From what moment on has a contract actually been concluded?

In our web-shop, we make a non-committal offer to you to look a vast range of educational media. Select the articles you would like to obtain and put them into the shopping cart (e.g. by clicking on the „Add to Cart“ button).

Of course, you can always take articles out of the shopping cart again. Before you send off your order, you can check the order details and correct possible input errors. Sending off your order (e.g. by clicking on „Place order“) is your binding commitment to acquiring the shopping cart content from us.

Your order is executed and forwarded to us. Hueber will immediately confirm receipt of your order via E-mail.

You are bound by your order for a period of five work days. If Hueber does not accept your offer within the time stipulated, your order becomes irrelevant. The purchase contract does not become effective with the consignment of the order confirmation, but with the consignment of a delivery confirmation or an order confirmation which expressly relates to your order. We will not debit the account indicated to us before the contract becomes effective.

Save the E-mails that you receive from us to your hard disk, as they also contain all essential data and regulations relevant to your order, including these GTC and the legally prescribed cancellation policy.

Should you not promptly receive an order confirmation via E-Mail, you should contact us via orders@hueber.de so we can go into the matter.

3. Delivery

We deliver stocked articles within a period of approx. 2 to 5 workdays following receipt of your order.

If ordered articles - as noted in the respective product offer - have not been published yet or are temporarily not available, we will effect delivery on release, resp. availability. If a temporary unavailability does not become apparent before you have placed your order, we will notify you and inform you about the prospective date of delivery.
Hueber reserves proprietary rights for all delivered articles until they have been paid in full, irrespective of expiry of any revocation periods. Please note that delivery via post boxes or parcel stations is not possible.

4. Prices, Invoices

The EURO prices quoted in the web-shop include the currently applicable German Value-Added Tax (VAT). Our export prices correlate with the German retail price (in Euro), therefore, there are no specif-ic foreign currency prices, if not expressly stated so (e.g. in the respective product offer).

All delivery costs ex publishing house, including the expressly agreed upon expenses for subsequent deliveries, must be paid by the purchaser. The following delivery costs are added to the article prices, if not expressly stated or agreed upon otherwise:

Germany:
order value up to 20,- €: postage 2,- €
order value up to 50,- €: postage 3,- €
order value more than 50,- €: postage 4,-€

Europe:
order value up to 20,- €: postage 5,- €
order value up to 50,- €: postage 7,- €
order value more than 50,- €: postage 9,-€

World-wide:
For deliveries to destinations outside Europe, we charge the actual delivery costs. We generally prefer the dispatch type registered air mail. Upon request, we will be glad to inform you of the actual delivery costs. Should you prefer a different dispatch type, we will not assume any liability for the mode of transportation chosen by you.

In our web-shop you can choose one of various methods of payment, i.e. advance payment, direct debit, payment by credit card (Master, Visa), or payment on invoice. First-time web-shop orders will only be delivered upon advance payment, direct debit, or payment by credit card.

5. Proof Copies

Teachers interested in introducing our titles at their institutions are entitled to receiving one proof copy of each of our textbooks and workbooks at a discount of 20%. All titles that can be obtained as proof copies are marked by a symbol. Teacher manuals and keys can only be obtained upon payment of their full price. Video and audio material and software will not be handed out on sale or return and is excluded from the right to return proof copies. First-time proof copy orders will only be accepted upon submission of a written proof that you are indeed a teacher.

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.

7. Warranty

Warranty is assumed in accordance with legal regulations.

Without precluding any of your rights which you might have against Hueber in any way, we generally advise you to claim compensation for damaged consignments from the forwarding agent immediately upon arrival and to have such claims confirmed in writing.

8. Applicable Law, Language, and Text of the Contract

These delivery and payment conditions and the respective legal relationship between Hueber and the customer are subject to the applicable laws of the Federal Republic of Germany. The contract is drawn up and concluded in German, the text of the contract will not be filed.

9. Separability Clause

If certain terms of these delivery and payment conditions are made inoperable or become inoperable, the validity of the other terms as well as the content of individual contracts concluded on the basis of these delivery and payment conditions remain unaffected.