Please read this page carefully.

 

The following information is a translation from the German original Allgemeine Geschäfts- und Lieferbedingungen (AGB). The AGB apply in accordance with German law (§ 305 German Civil Code (BGB)) for all contracts concerning the delivery of goods or the performance of services and concluded between an entrepreneur and a consumer. The AGB are effective in the German version valid at the time of ordering. The application of the AGB is hereby agreed upon.

WEBSITE & SALE: TERMS AND CONDITIONS

 

 

 

Welcome to our websites and our Terms and Conditions of use!
These Terms and Conditions apply to the use of the websites at: tibetica.net and tibetbook.net By accessing these websites and/or placing an order; and/or writing a review and/or using our guestbook you agree to be bound by these Terms and Conditions. Using this website indicates that you accept these terms regardless of whether or not you choose to register with us or order from us. If you do not accept these terms, please do not use this website.

The tibetica.net and tibetbook.net websites are operated by:


David Holler & Franz Xaver Erhard GbR

VAT No: 31/351/60264
VAT-Ident.-No: DE814571069

Our CONTACT details are as follows:

Post address:
David Holler & Franz Xaver Erhard GbR
Schönhauser Alle 72e
D-10437 Berlin
Germany

please email:
for information of any sorts: info @ tibetbook.net
for bookorders: tibetica @ tibetica.net

phone:
Berlin 0049-30-44739053 or 0049-179-7010969
fax:0049-721-151474863

1. INTRODUCTION

1.1

You will be able to access most areas of this website without registering your details with us. Certain areas of this website are only open to you if you register.

1.2

We may revise these Terms and Conditions at any time by updating this posting. You should check this website from time to time to review the then current Terms and Conditions, because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages of this website. If you do not wish to accept any new Terms and Conditions after we have given notice, you should not continue to use this website.

2. REGISTRATION

2.1

To register with tibetbook.net you must be over eighteen years of age.

2.2

Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.

2.3

Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.

2.4

We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.

3 CONTACTING Holler & Erhard GbR:

Post address:
David Holler & Franz Xaver Erhard GbR
Schönhauser Alle 72e
D-10437 Berlin
Germany

please email:
for information of any sorts: info@tibetbook.net
for bookorders:  info@tibetbook.net
David Holler: holler@tibetbook.net
Franz Xaver Erhard: erhard@tibetbook.net

phone: +49-341-58091192 or +49-179-7010969
fax:+49-341-58091191

4. PAYMENTS TO Holler & Erhard GbR BY CREDIT/DEBIT CARDS:

We regret but Holler & Erhard GbR cannot accept credit and debit cards for the time being: Credit/debit card payments may be done through one of our online payment partners.

5. PAYMENTS TO Holler & Erhard GbR BY CHEQUE:

We will also accept cheques, but only if no other payment option is possible, in Euro via the post. If you would like to pay by cheque please contact us prior to sending the cheque. We will accept cheques only if we have been informed befor the order has been placed.
Please make cheques payable to

Franz Xaver Erhard.

an send them to:
David Holler & Franz Xaver Erhard GbR
Schönhauser Alle 72e
D-10437 Berlin
Germany

We will process and send out your order once your cheque has been received and cashed, so please allow up to 36 working days.

6. ORDERING FROM Holler & Erhard GbR

6.1

If an item is not in stock this is normally stated on the website. If we have overlooked that an item is not in stock and you have attempted to purchase it, we hope to inform you within 24 hours.

6.2

You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement detailing the products you have ordered, so please read this acknowledgement carefully.

7. CONFIRMATION OF YOUR ORDER FROM Holler & Erhard GbR

7.1

Our acceptance of an order takes place when we have packaged and posted your order. When we have packaged and posted your order the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order or, you have cancelled your order.

7.2 We may refuse to accept an order:

  • where goods are not available;
  • where we cannot obtain authorisation for your payment;
  • if there has been a pricing or product description error; or
  • if you do not meet any eligibility criteria set out in our Terms and Conditions.

7.3

Please keep any correspondence to assist you and assist us should any problems arise.

8 CANCELLATION POLICY AND RETURNING ITEMS TO Holler & Erhard GbR

8.1 Right of Cancellation

As a consumer you have the right to cancel your declaration of contract without stating a reason within one month in written form (e. g. letter, fax, e-mail) or by returning the goods. The stated period of time starts at the earliest on receipt of this information. To comply with the stated period of time it is sufficient to dispatch the cancellation or the goods in time. The cancellation has to be send to:

Holler & Erhard GbR
Schönhauser Alle 72e
D-10437 Berlin
Germany

The following products and services not covered by your right of cancellation:

  • Products, that have been made after your specific order
  • Products, that are made to order
  • Products, that are due to their material condition impossible to be returned
  • Audio and video recordings or software that will be delivered on sealed EDP media
  • Products and services, which cannot be returned due to their nature
  • Products, that had been acquired for you as part of a re/search request
  • Products or services ordered by institutions or corporations
  • Magzines, Newspapers, or Journals

 

Effects of Cancellation

In the event of an effective cancellation the mutually provided goods and services shall be returned and, if applicable, any benefits enjoyed (e. g. interest) surrendered. In case you cannot return the received goods and services in total or in part or only in deteriorated condition, you have to, if applicable, provide compensation insofar. This does not apply for the delivery of goods, if the deterioration of the goods is due exclusively to their inspection - as would have been possible for you in a retail shop for example. Incidentally you can avoid the obligation for compensation by not using the goods, as if they were your property, and by refraining from doing anything, that could impair their value. Goods, that can be dispatched as parcels, have to be returned at our risk and expense. Goods, that cannot be returned as parcels, will be collected from your address. Obligations for refunding of payments must be fulfilled by you within 30 days after dispatch of your declaration of cancellation.

9. YOUR LEGAL RIGHTS

The AGB apply in accordance with German law (§ 305 German Civil Code (BGB)) for all contracts concerning the delivery of goods or the performance of services and concluded between an entrepreneur and a consumer.

10. PRICING

10.1

Where we charge separately for postage and any other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere within these Terms and Conditions.

10.2

Our prices for books and other purchasable items are reviewed on a regular basis. For example, prices of some books may be reduced and become special offer item.

10.3

Holler & Erhard GbR keep up-to-date with mailing charges and adjust postage and packing costs on this website accordingly. Consequently, we reserve the right to adjust postage and packing costs without notice, please email us if in any doubt.

11. SHIPPING AND PACKING: INTRODUCTION

All orders, if not mentione otherwise, will be shipped through our partners in the chinese Provinces of Tibet, Sichuan, Kansu, or Qinghai through China Post, DHL, or other courier service providers.

11.1

For orders exceding a total of 300€ shipping will be free of charge world wide through China Post sea mail/ surface or other courier service providers. SAL, Air Mail, or Express service will be available on request.

11.2

Orders will be shipped within 2-4 days after payment has been received. The delivery duration varies according to the shipping method:

  • China Post Sea Mail/surface: up to 3 months
  • China Post SAL: ca. 4 weeks
  • China Post Air Mail: 10-14 days
  • DHL: 5 working days

11.3

Packing and shipping cost will be calculated according to weight and destination.

12. CUSTOMS DECLARATION FORMS

Customs forms for all overseas orders outside of the EU and within the EU will be provided. These forms provide the necessary information concerning the cost, contents and description of the item/s which will be marked others or Printed Matter. Additionally an invoice/delivery slip will be provided.

13. CUSTOMS/IMPORT DUTIES

All orders will be sent delivery duty unpaid (DDU) to the shipping address indicated in the order. Where applicable, it is the responsibility of the customer to pay any customs/import duties once the order reaches its destination.

Since all items will be shipped from China or other non-European countries shipments are exempt from VAT according to German regulations (§3/6 UStG). However, VAT or similar taxes maybe charged by your local authorities upon delivery.

It is advisable to contact your customs office for more detailed information concerning costs which vary a good deal from country to country.

14. Holler & Erhard GbR WELCOME BOOK REVIEWS

However, Holler & Erhard GbR reserve the right to reject and to edit any book reviews submittted. Similarly we keep a close watch on guestbook comments and reserve the right to reject, for example, offensive or malicious content. In more detail:

14.1

Other than personally identifiable information, which is covered under our PRIVACY POLICY, any material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

14.2

You are prohibited from posting or transmitting to or from this Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

14.3
You may not misuse the Website (including, without limitation, by hacking).

14.4

We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 14.2 or 14.3

14.5

No review will be accepted without a name and email address, which will be published along with your review.

15. COPYRIGHT INFORMATION - BOOK DESCRIPTIONS AND IMAGES: Introduction

Except for book reviews submitted by visitors to our website, and with the exception of book descriptions and reviews submitted by Holler & Erhard GbR descriptions and reviews are provided and are copyright of the various book publishers stated within each description. This is made evident within each book description with the inclusion of the publishers name at the end of the books description. Images of book covers and images of the inside pages of books is copyright to the original copyright holders.

16. LICENCING

You are permitted to print and download extracts from this Website for your own use on the following basis:
(a) no documents or related graphics on this Website are modified in any way;
(b) no graphics on this Website are used separately from accompanying text; and
(c) any of our copyright and trade mark notices and this permission notice appear in all copies.

16.1

Unless otherwise stated, the copyright and other intellectual property rights in all material on this website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these Terms and Conditions, any use of extracts from this website other than in accordance with clause 16 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.

16.2

Subject to clause 16, no part of this website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.

16.3

Any rights not expressly granted in these terms are reserved.

17. SERVICE ACCESS: INTRODUCTION

While we endeavour to ensure that this website is normally available 24 hours a day, we will not be liable if for any reason this website is unavailable at any time or for any period.

17.1

Access to this website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

18. LINKS TO AND FROM OTHER WEBSITES: INTRODUCTION

Links to third party websites on this website are provided solely for your convenience. If you use these links, you leave this website. We cannot constantly review all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this website, you do so entirely at your own risk.

18.1

If you would like to link to this website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of tibetica.net and tibetbook.net logos;
(b) you do not create a frame or any other browser or border environment around this website;
(c) you do not in any way imply that we are endorsing any products or services other than our own;
(d) you do not misrepresent your relationship with us nor present any other false information about us;
(e) you do not otherwise use any tibetica.net and tibetbook.net trade marks displayed on this website without our express written permission;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

We expressly reserve the right to revoke the right granted in this clause 18.1 for breach of these terms and to take any action we deem appropriate.

18.2

You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 18.1

19. DISCLAIMER: INTRODUCTION

While we endeavour to ensure that the information on this website is correct, we do not warrant the accuracy and completeness of the material on this website. We may make changes to the material on this website, or to the products and prices described in it, at any time without notice. The material on this website may be out of date, and we make no commitment to update such material.

19.1

The material on this website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this website.

20. LIABILITY

20.1

We, any other party (whether or not involved in creating, producing, maintaining or delivering this website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this website in any way or in connection with the use, inability to use or the results of use of this website, any websites linked to this website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this website or your downloading of any material from this website or any websites linked to this website.

20.2

Nothing in these Terms and Conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence; (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.

20.3

If your use of material on this website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

20.4

You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this website, or the use by any other person using your registration details.

21. GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with German law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Berlin courts.

22. MISCELLANEOUS

22.1

You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions

22.2

If any provision of these Terms and Conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.

23. SHOULD YOU HAVE A COMPLAINT

Holler & Erhard GbR endeavour to examine and to resolve complaints justly, and as quickly as we can. In the first instance we will contact you within seven working days to acknowledge receipt of your complaint.

24. PRIVACY POLICY

The Holler & Erhard GbR is dedicated to preserving the privacy of all visitors to our websites at tibetica.net or tibetbook.net. Please read the following privacy policy to understand how we use and protect the information that you provide to us.

By registering or placing an order on this website, you consent to the collection, use and transfer of your information under the terms of this policy.

- INFORMATION THAT WE COLLECT FROM YOU

When you visit, register or order products or services on tibetica.net or tibetbook.net you may be asked to provide certain information about yourself including your name, contact details and credit or debit card information.

We may also collect information about your usage of our website as well as information about you from messages you post to the website and e-mails or letters you send to us.

- USE OF YOUR INFORMATION

Your information will enable us to provide you with access to all parts of our website and to supply the goods or services you have requested. It will also enable us to bill you and to contact you where necessary concerning your orders. We will also use and analyse the information we collect so that we can administer, support, improve and develop our business.
In particular, we may use your information to contact you for your views on our services and to notify you occasionally about important changes or developments to the website or our services. Further, where you have consented, we might also use your information to let you know by email about other products and services which we offer which may be of interest to you. If you change your mind about being contacted in the future, please let us know.

- DISCLOSURE OF YOUR INFORMATION

The information you provide to us may be accessed by or given to third parties some of whom may be located outside the European Economic Area who act for us for the purposes set out in this policy or for other purposes approved by you. Those parties process information, fulfil and deliver orders, process credit card payments and provide support services on our behalf. We may also pass aggregate information on the usage of our website to third parties but this will NOTinclude information that can be used to identify you.
Finally, if our business enters into a joint venture with or is sold to or merged with another business entity, your information may be disclosed to our new business partners or owners.
Countries outside the European Economic Area do not always have strong data protection laws. However, we will always take steps to ensure that your information is used by third parties in accordance with this policy.
Unless required to do so by law, we will not otherwise share, sell or distribute any of the information you provide to us without your consent.

- COOKIES

Cookies are small amounts of information which we may store on your computer.
Unless you have indicated your objection when disclosing your details to us, our system will issue cookies to your computer when you log on to the site. Cookies make it easier for you to log on to and use the site during future visits. They also allow us to monitor website traffic and to personalise the content of the site for you. You may set up your computer to reject cookies by following the relevant instructions which can be found at www.aboutcookies.org. In that case, you may not be able to use certain features on our site.

- SECURITY AND DATA RETENTION

We employ security measures to protect your information from access by unauthorised persons and against unlawful processing, accidental loss, destruction and damage. We will retain your information for a reasonable period or as long as the law requires.

- ACCESSING AND UPDATING

You are entitled to see the information held about you and you may ask us to make any necessary changes to ensure that it is accurate and kept up to date. If you wish to do this, please contact us through the CONTACT button.

- CHANGES TO OUR PRIVACY POLICY

Any changes to our privacy policy in the future will be posted to the website and, where appropriate, through e-mail notification.

- CONTACT

All comments, queries and requests relating to our use of your information are welcomed. Please contact us at info @ tibetbook.net.


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