General Terms and Conditions

AGB (DE, April 2022)

1 Scope of Application

The following General Terms and Conditions apply to orders for books placed with Hamburg University Press, the publishing house of the Hamburg State and University Library - Carl von Ossietzky, Von-Melle-Park 3, 20146 Hamburg, Germany.
The Hamburg State and University Library is a state-owned enterprise of the Free and Hanseatic City of Hamburg and part of the Ministry of Science and Research and Equality, to whose supervision it is subject. The publishing house Hamburg University Press is a legally dependent part of the Hamburg State and University Library.

The General Terms and Conditions shall apply in the version valid at the time of the order, unless expressly agreed otherwise. Hamburg University Press does not recognize any deviating terms and conditions of the customer, unless Hamburg University Press has expressly agreed to their validity in writing.

2 Information on the order process and the conclusion of the contract

a) Hamburg University Press undertakes to accept the customer's order under the terms and conditions of the website, unless there are justified reasons to the contrary in individual cases.

b) The offer of Hamburg University Press includes the free download of the publisher's publications as e-books as well as the purchase of printed copies of the publisher's publications (print-on-demand).

c) The offer of free e-books on the website constitutes a binding offer to purchase them by download, which the customer accepts by starting the download by using the download button located on the detailed view of the respective publication.

d) A contract for the purchase of a printed copy, which is subject to payment by the customer, only comes into effect through the customer's binding order and its acceptance by Hamburg University Press. The following steps are required for this:

Next to the product description is the indication Hard- or Softcover with the purchase price for a print copy of the respective publication. Next to it is the symbol for an external link. Clicking on this area opens the virtual shopping cart. The product currently displayed on the page is added to the virtual shopping cart. By clicking several times, the customer can change the number of copies in the shopping cart. The customer can empty the shopping cart at any time by clicking on arrows or manually entering a zero in the corresponding field of the "Empty shopping cart" control panel and then clicking on "Update shopping cart".
By clicking on the "Proceed to checkout" button below, the customer is taken to a page that displays an overview of the order.
If the customer wishes to continue with the order, he/she enters the personal details requested there in the form on this page, which are required in order to process the order. The customer can correct or delete the information at any time during the input by using the usual keyboard commands and, if necessary, the navigation of your browser.
Only by clicking the control panel "Buy now" at the end of the input form, the customer submits a binding order of the products contained in the virtual shopping cart, if he / she has previously agreed to the validity of these terms and conditions by a so-called "Opt-In" and your information is complete. Otherwise, you will be prompted to complete your information.
If the order has been sent successfully, you will then receive an order confirmation with a summary of your order data.
At the same time, Hamburg University Press will send the customer an e-mail in which Hamburg University Press confirms receipt of the order and sends a summary of the order data as well as the applicable General Terms and Conditions, the cancellation policy and the data protection information in text form. Furthermore, Hamburg University Press declares in this e-mail whether the publisher accepts the order. Only with this acceptance of the order is the purchase contract concluded.

e) The following in particular shall be considered justified reasons for non-acceptance of the order within the meaning of § 2 lit. a) of these General Terms and Conditions:

a certain article is not available despite reasonable precautions;
there are typographical, printing or arithmetical errors in the item description/price information on the Hamburg University Press website.

In both of the aforementioned cases, Hamburg University Press is entitled not to accept the customer's order or, if acceptance has already taken place, to withdraw from the contract. Hamburg University Press will inform the customer immediately in each case.

f) The goods shall only be delivered in quantities customary in the trade.

g) Contract language is exclusively German. English-language notes and texts on our site have no legal force and serve only the better comprehensibility for foreign speakers.

3 Prices and Shipping Costs

a) The prices quoted by Hamburg University Press are final prices including all price components and the statutory value added tax. The prices valid on the day of the order shall apply.

b) Shipping costs for the delivery of the goods are not charged when using the standard shipping offered by us.

4 Delivery, retention of title

a) The delivery is free of shipping costs to the delivery address of the customer indicated in the order form.

b) Unless otherwise agreed, delivery shall be ex-publisher. However, Hamburg University Press is also entitled to commission a third party to manufacture and deliver the products directly to the customer. Hamburg University Press is entitled to make partial deliveries to a reasonable extent.

c) Delivery shall be made within 10 working days of receipt of the order. If this delivery time cannot be met because an ordered copy is not in stock and has to be reprinted, the customer will be informed immediately of this and of the expected production time and is free to withdraw from the contract.

d) There is a debt to be discharged. Hamburg University Press fulfills its obligation to perform by handing over the ordered goods to the designated transport person.

e) Hamburg University Press retains ownership of the goods until the purchase price has been paid in full.

5 Due date and payment, default of payment

a) The purchase price is due for payment within 14 days of the invoice date, but not before receipt of the invoice and the goods.

b) Payments shall be made free of charge and expenses for Hamburg University Press to the Hamburg University Press bank account specified on the invoice.

c) If the customer defaults on a payment in whole or in part, or if an application is made to open insolvency proceedings against the customer's assets, Hamburg University Press is entitled, without prejudice to other rights, to declare all claims against the customer immediately due and payable, to withhold deliveries or services not yet performed, and to assert all rights arising from the retention of title.

d) In the event of default in payment, Hamburg University Press is furthermore entitled to claim default interest at the statutory rate. The assertion of higher damages remains unaffected. The customer is entitled to prove that Hamburg University Press has suffered no or less damage.

6 Offsetting, Retention

The customer shall only have a right of set-off if his/her counterclaims have been legally established or acknowledged by Hamburg University Press. Furthermore, the customer shall only be entitled to exercise a right of retention insofar as his/her counterclaim is based on the same contractual relationship.

7 Applicable law and place of jurisdiction

a) The law of the Federal Republic of Germany applies to this contract and all associated rights and obligations, unless special consumer protection regulations at the customer's place of residence are more favorable for the customer (Art. 6 VO (EG) 593/2008).

b) If the Client does not have a general place of jurisdiction in Germany or in another EU member state, or if the Client is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the Hamburg State and University Library - Carl von Ossietzky.

March, 2022