Dear Friends and Colleagues,
please have a look at my General Terms & Conditions specified below. Please remember while reading through them that they lay out the regulations in a straightforward and rather impersonal way. Please also keep in mind the special situation under which this business is running. Nevertheless, if you have any questions or complaints, please do not hesitate to contact me. Based on my experience, the point of how and when to make the payment is an issue for many consumers. Please be assured, that there is a possible solution fitting your special needs. Please be advised, to discuss this matter with me before placing an order.
General Terms & Conditions
1. Area of Agreement
The General Terms and Conditions (GTC) contained herein apply to all business relations between Jörg Heimbel, operator of tibetanbookstore.org, and my customers.
2. How to Order & the Conclusion of Contract
The consumer is asked to place his or her order with the entrepreneur electronically by email (Please send your order to: email@example.com). In response, the entrepreneur will send an order acknowledgement specifiying the order together with the incurring costs for packing and shipment along with the legally effective general terms and conditions. This will give the consumer the opportunity to review his or her order and make corrections. Afterwards, the consumer needs to place his or final order with by way of a confirmation email. In response, the entrepreneur will provide the consumer with the invoice. The receipt of the consumer's payment results in a delivery contract to which the General Terms and Conditions shall apply.
In case an ordered book is out of stock, the consumer will be informed within 2-3 days and provided with restocking details. If it won't be possible to restock, the entrepreneur can refuse the order. Moreover, the order will be refused if (1) the supply of books is not put duly at the enterprise’s disposal, (2) some mistakes occurred in the prices and descriptions of the books the entrepreneur himself has received from third parties or (3) the entrepreneur does not receive the payment.
3. Packaging & Shipment
All orders will be packed and shipped by my local partners in Lhasa and Beijing, People’s Republic of China, through China Post.
To secure an undamaged receipt of the books, all books will be wrapped in paper, taped by package tape, and then packed in a packing box of China Post. After the shipment, the entrepreneur will provide the consumer with the respective tracking number of each parcel.
All orders will be shipped within one week after the receipt of payment. The delivery duration varies according to the chosen shipping method:
The actual packing and shipping costs depend on the weight and destination of each order and will be calculated accordingly. All orders will be send as “Printed Matter” along with the order’s invoice and “Delivery Duty Unpaid (DDU).”
The entrepreneur will provide the customs declarations form, specifying the parcel’s content (“Printed Matter”), the amount of goods, and its value. The entrepreneur will not be responsible for any additional customs/import duties or any other charges in the country of delivery.
Please note that the entrepreneur can’t take responsibility for an uninsured parcel which got lost in the process of shipping, as the entrepreneur is not able to take any responsibility for China Post or the carrier company in the country of delivery. In this case the consumer has to pay for the shipping fee as well as the entrepreneur’s purchase price of the books ordered by the consumer. However, the entrepreneur will do his best to support the customer in search of the lost parcel and to find a solution agreeable for both parties. Similarly, the entrepreneur won't be able to take any responsibility for books that got damaged in the process of shipping due to any mishandling by the carrier companies. But also in this case the entrepreneur will do his best to offer a solution that is agreeable for both parties
In case a parcel is returned due to the fact that the consumer provided a wrong
address, the consumer did not pick up the parcel at the customs office of his or her home country, or some communication problems occured between the customs office, the local carrier company and
the consumer, the consumer has to cover the shipping as well as returning fee of the parcel.
4. Prices and Payment
All prices are given in EURO and without the costs for packaging and shipment. All shipments are exempt from VAT according to the German law (§ 3 UStG), as they are shipped from China.
Generally, payments are accepted only in advance and are due upon receipt of the invoice. Payments have to be made within 14 days by PayPal or bank transfer. If the consumer pays by PayPal, he or she will be charged the PayPal fee according to his or her country of residence. In case the money is send by bank transfer, the consumer must cover all the fees for transfering the money. The payment is regarded as been paid upon the day the entrepreneur is able to have the money at his disposal. The details for the money transfer will be provided by the entrepreneur together with the invoice.
Due to the policies of many institutions, a payment is only be made after the receipt of the goods. In such a case, the consumer and entrepreneur have to agree on this payment option before an order has been placed.
In case of no other payment option, the entrepreneur accepts checks, but also only after it was explicitly agreed on this option before the order was placed. Checks must be issued in Euro or US-Dollar and are subject to receipt and value available on the day of cashing. For checks issued in US-Dollar, the entrepreneur will charge an additional service fee of 12 % of the total amount. In case the cashed amount of a check issued in US-Dollar does not cover the original Euro amount of the invoice, the customer needs to compensate the difference. In case of an overpayment, the entrepreneur will refund the respective amount.
5. Reservation of Proprietary Rights
The goods will be delivered under the reservation of proprietary rights and remain the entrepreneur’s property until the full payment of all outstanding balances on the basis of the sales contract.
6. Right of Cancellation and Returning of Goods
The consumer has the right of cancellation. The time period starts at the earliest the day after the consumer has received the cancellation policy. To exercise the right of cancellation, the consumer needs to inform the entrepreneur of his or her cancellation within 2 weeks. The cancellation must be submitted by email without stating any reason or by returning the goods. To keep within the time limit, it suffices to dispatch the goods to:
The consumer bears the full risk and costs for returning the goods within the scope of the right of returning.
In case of an effective cancellation, the mutually concluded contract will be terminated and provided services need to be returned and repaid and any enjoyed benefits are to be handed over. The consumer is allowed to examine the goods as it would have been possible in any retail shop. Explicitly, the entrepreneur points out that the consumer is obliged to compensate if he or she can’t return the received goods in total or in part or only in deteriorated condition. The consumer can avoid the obligation for compensation by not using the goods as if they were his or her own property and refrain from doing anything that could impair the goods’ value. The consumer is obliged to compensate for the goods deterioration in such cases as the damage or disproportional defilement of the goods. Any obligations for refunding of payments must be fulfilled by the consumer within 30 days after dispatch of the declaration of cancellation.
Non-private persons, such as retailers, institutions (e.g. universities, charitys), etc., are excluded from this cancellation policy and the right of returning goods.
7. Website Content
The copyright of the information and downloadable Pdf files published on this website is owned by the entrepreneur. It is prohibited to use this information for one’s own business purpose. Moreover, it is not allowed to copy or reproduce parts as well as the complete content into other websites or printed matters.
8. Protection of Privacy
In accord with § 33 BDSG (Bundedatenschutzgesetz / Federal Data Protection Act), the entrepreneur will not pass on any personal data to third parties except to the ones directly involved in processing the order. Personal data such as name and contact details are required to be able to process the order as soon as possible. With the consumer’s agreement, I will use his or her personal data to keep him or her updated on new publications by email.
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9. Closing Provisions
The break-out of a war, riots, strikes, change of parity as well as any unforeseen cases, which fall into the force majeure clause, (i.e.: fire, government-measures etc.), discharge the seller from all pending contracts.
All delivery contracts shall exclusively be governed by the law of the Federal Republic of Germany. The UN sales law is not applicable. Applicable is in each case the version valid at the time of the conclusion of contract.
Place of performance and place of jurisdiction for all claims under a delivery contract shall be Hamburg, Germany.
Should any clauses of these General Terms & Conditions be or become inoperative, the other clauses shall not be affected thereby.