Purchasing Terms & Conditions

These Hogrefe Website Purchasing Terms and Conditions (“Purchasing Terms and Conditions”), together with the Hogrefe Terms of Use  and Privacy Policy , the collective terms of which are hereby incorporated by reference and made part of the Purchasing Terms and Conditions as if fully set forth herein, shall govern the sale of Hogrefe products and services through www.hogrefe.com (the “Website”) to United States customers of Hogrefe.

1. Definitions

All terms used in the Purchasing Terms and Conditions shall have the same meanings given to them in the Hogrefe Terms of Use unless otherwise provided herein.  All other definitions are provided in this section or otherwise defined in parentheticals that identify the defined term in quotation marks. The following definitions apply to these Purchasing Terms and Conditions:

Customer is any organization or person purchasing Hogrefe products or services or the registered user of Hogrefe products and services.

Products means and includes all Hogrefe products and services offered for sale in the United States on the website www.hogrefe.com, including but not limited to printed and/or electronic tests, assessments, assessment materials, books, journals, manuals, periodicals, articles, training materials, and other educational materials.

Standards means, collectively, the Hogrefe Qualification for Test Purchase  and the Standards for Educational and Psychological Testing, 2014 edition, published by the American Educational Research Association (AERA), the American Psychological Association (APA) and the National Council on Measurement in Education (NCME).

Authorized User means a person who has successfully submitted qualifications with respect to their education and training giving them the expertise needed to administer Hogrefe Products, and who has registered with Hogrefe.

2. Supply of the Product

1. Purchases of Products must be made by or on behalf of an identifiable Authorized User who has registered for an account with Hogrefe and is qualified to use the Product, as determined in Hogrefe’s sole discretion in accordance with its Standards.
2. Products must be used in compliance with the Standards issued by Hogrefe, the American Psychological Association and other professional bodies. Hogrefe reserve the right to decline to supply Product and/or to prohibit the Customer from using the Product if the Customer fails or refuses to comply with the Standards.
3. Products are offered at the price and specifications provided on the applicable Product information page on the Website.  Hogrefe reserves the right in its sole discretion to change the pricing and specifications of any Product or to stop offering any Product without notice.

3. Ordering Products

1. Customer orders received for Products will be processed on the basis that the Customer is purchasing Products subject to these Terms and Conditions.
2. Customer must provide Hogrefe with the Authorized User name and qualifications when ordering Products that require the Authorized User to meet applicable professional and/or experiential requirements in order to purchase and use the Product.

4. Shipping of Orders

1. Standard delivery charges to cover shipping and packaging will apply to all Products other than those delivered in electronic format.
2. Hogrefe where applicable will charge sales tax or any other relevant tax on Products supplied in accordance with applicable law and at the appropriate tax rate in force at time of shipment of materials.
3. International shipments may be subject to customs brokerage fees, import duties, and taxes after the shipment reaches the destination country. Additional charges are the responsibility of the Customer. Customs policies vary greatly among countries; please contact your local customs office for information.

5. Payment

1. For Customers with approved credit accounts (approved by Hogrefe in its sole discretion upon application), payment terms are 30 days from the date of the invoice issued by Hogrefe, providing the Customer is within their approved credit limit and up to date on payments.
2. If a Customer does not have a credit account with Hogrefe, all orders must be paid in full prior to shipment. Customers may request a pro-forma invoice. Hogrefe will issue a pro-forma invoice in compliance with such request. Full payment is required against pro-forma invoice prior to shipment of purchased Products. Hogrefe will also accept payment by credit card.

6. Returns and Claims

1. Claims for damage or non-delivery of purchased Products for which Customer has paid in full should be made in writing via email to the Hogrefe Customer Service Team at customersupport@hogrefe.com.  Please include the invoice number and order details in the email and ensure that notice is provided within the following time periods:
   a) Within 3 days of receipt of materials in respect of damage or order discrepancies.
   b) Within 7 days of dispatch in respect of non-delivery.
   c) Within 14 days of dispatch for defective materials.
   
   Hogrefe’s liability is limited at Hogrefe’s option to either replacement of the purchased Products or refund of the purchase price for the damaged or undelivered Products.
    
2. Hogrefe will not accept successfully delivered Products for return without prior written notification and authorization, in its sole discretion, following receipt of same. A Customer wishing to return successfully delivered purchased Products should contact our Customer Service Team within ten (10) business days of receipt of the Products, with an explanation of why they wish to return the Products. Hogrefe charges a restocking fee of 10% of the value of Products purchased for all authorized returns; shipping charges for the return of purchased Products are the responsibility of the Customer. Customers must return purchased Products authorized by Hogrefe for return no later than ten (10) business days after Hogrefe provided authorization of the return
   .
3. No refund will be given if returned Products are received in a damaged or unsellable condition, in Hogrefe’s sole discretion. Hogrefe recommends that, when authorized to make a return, Customers return Products using UPS, FedEx or DHL, with the appropriate amount of insurance, if applicable, paid by Customer, and with proof of delivery.
    
4. Refunds may be given at the sole discretion of Hogrefe.

7. Customer Obligations

7.1 Hogrefe Customer responsibilities
a)    You assume full responsibility for all use of your Hogrefe Account and the purchased Products including, if applicable, use by others within your Organization. You agree that any person who accesses, uses, or misuses your Hogrefe Account or the purchased Products does so on your behalf and that you are responsible for all such activity under your Account, including, without limitation, any activity in violation of these Purchasing Terms and Conditions.

b)    You acknowledge and agree that you are responsible for ensuring that all access and use of the Products under your Account complies with all of the Purchasing Terms and Conditions. You agree to follow all applicable Standards and reasonable instructions of Hogrefe in the use of the Products.

c)    You shall not, and shall ensure that the Authorized User shall not, license, exchange, lend, rent, loan, give, provide access or otherwise dispose of Products to third parties or act as agent, distribution channel for the Products, other than providing them to individuals in order for those persons to be assessed under the Authorized User’s supervision.

7.2 Organization Use of the Hogrefe Account and the Purchased Products
All Hogrefe Customers affiliated with or employed by an entity, group, business, institution, or organization of any kind (an "Organization") agree to the following:

a)    You represent and warrant that you have the authority to legally bind the Organization to these Purchasing Terms and Conditions;

b)    You acknowledge and agree that both you and the Organization are jointly and severally bound by these Purchasing Terms and Conditions;

c)    The term " Account Manager" shall mean you as the individual registering the account of behalf of the Organization;

d)    All references in these Purchasing Terms and Conditions to "Hogrefe Customer" or "you" will include both you and the Organization; and

e)    You will ensure that only Authorized Users that meet the required qualifications to access, administer and/or interpret the assessments and/or tests included in the supplied Products will be allowed to access, administer and/or interpret such assessments and/or tests and that they will adhere to the Standards

7.3 Individual Use of the Hogrefe Account and the Purchased Products
Individual Hogrefe Customers not affiliated with or employed by an Organization agree to the following:

a)    You warrant and represent that you are not employed by or affiliated with or otherwise acting on behalf of any Organization of any kind;

b)    You acknowledge and agree that these Purchasing Terms and Conditions are binding on you in your individual capacity; and

c)    References in these Purchasing Terms and Conditions to "Hogrefe Customer" or "you" shall mean you in your individual capacity.

8. No Clinical Advice

1. Hogrefe does not provide clinical advice; diagnose conditions; or recommend or endorse any specific health care providers, procedures, or opinions. The Products, including the assessments, tests, interpretive reports, scores and/or results obtained through the Products (collectively, the "Hogrefe Materials") are provided only to Authorized Users and only for professional informational purposes.
2. The Hogrefe Materials do not constitute clinical advice and are not intended to be a substitute for professional psychological, psychiatric, or medical advice or diagnosis. The Hogrefe Materials must not be relied on for diagnosis, treatment, or other recommended course of action for any medical, psychiatric, or other health-related condition. Hogrefe Customers remain solely and exclusively responsible for all diagnostic, care, and/or treatment decisions for their clients.

9. Communications

By registering for an account on the Website and/or inquiring about or purchasing a Product through the Website, you are authorizing Hogrefe to communicate with you as necessary in Hogrefe’s sole discretion via email, postal mail, telephone calls, text messages and all other means of communication available, to administer and maintain your account, to verify your qualifications and that of Authorized Users to use Products, to provide you with the purchased Products, arrange for and provide updates related to payments, shipping, delivery, return requests and all other matters concerning your account and the purchased Products.  We may also communicate with you regarding opportunities to participate in or share research related to the Products and to provide information regarding updates or changes in Product availability, pricing and/or specifications.  Although we may also send you commercial advertising communications about other Hogrefe products and services and those of our trusted partners, you will have the ability to opt-out of receiving commercial advertising communications from us.