Impressum & AGBs

Legal Notices

Dear (prospective) customers and friends

We, SCHWEGLER Vogel- u. Naturschutzprodukte GmbH, Heinkelstr. 35, D-73614 Schorndorf, Germany, are a provider of services and therefore responsible for proprietary information provided on our website for use pursuant to the statutory provisions. This proprietary information on our website is different in nature from cross references (links) to information provided by other service providers. The operators of such linked websites assume the exclusive responsibility for their content. Information on such websites may at any time be altered without our knowledge. Please notify us in case we are providing any links to websites with objectionable content.

Our website in its entirety and its individual parts is protected by law. The content on our website is in particular protected by German copyright law and by international treaties.

You may print unmodified excerpts from this website for your personal use or otherwise save it temporarily. Reproducing, processing, distributing and/or making available to the public any contents protected by law further requires our prior approval, unless already permitted by law. We do in particular not agree to our website or parts thereof being integrated into a window (frame) using a link or being depicted by an inline link to suggest that this website or parts thereof are part of other websites.

All rights reserved.

 

International availability
The website of SCHWEGLER Vogel- und Naturschutzprodukte GmbH may contain notices or references to products, services and/or contents which are not suited for all countries and/or available there. Such notices and references to products and/or contents do in no way indicate that such products, services and/or contents are or will be available in your home country. Feel free to contact us or our representative in the corresponding country in case you have any further questions.

 

Contact, Legal Notices
Data Privacy Statement
Terms and Conditions

Our withdrawal form is available for download here
Revocation form

Contact, legal notice

SCHWEGLER Vogel- u. Naturschutzprodukte GmbH
Heinkelstr. 35
73614 Schorndorf
Germany

Phone: +49 (0)7181 97745 0
Fax: +49 (0)7181 97745 49
Email: info@schwegler-natur.de

Managing directors: Sven Papenfoth, Gunnar Papenfoth, Axel Papenfoth
Commercial Register Amtsgericht [Local Court of] Stuttgart, HRB [Department B of the Commercial Register] 280081
VAT Identification Number: DE146615400

Information on online dispute resolution: The European Commission provides an online platform for dispute resolution (“ODR Platform“) which is available via the link http://ec.europa.eu/consumers/odr/. The purpose of the ODR Platform is the extrajudicial resolution of disputes concerning contractual obligations arising from online purchase agreements.

We are obliged to make you aware of this ODR Platform and further to indicate our email address info@schwegler-natur.de.

We are neither obliged nor prepared to participate in dispute resolution proceedings before a consumer arbitration board.

 

 

Images: © Schwegler Vogel- u. Naturschutz GmbH; © Roland Gockel; © Carsten Kallasch
fotolia.com: © Karl Mock; © drhfoto; © Eric Isselée; © schaef; © fotogenix; © ornitolog82; © Nailia Schwarz; © kyslynskyy; © lightpoet; © fotoparus; © Pawel Spychala; © rcfotostock; © Fredex; © smileus; © photobars

Data Privacy Statement

Information on collecting personal data and provider identification

In the following, we will provide you with information on how personal data is collected when you use this website. Personal data refers to any and all data which can be associated with you personally, for instance your name, address, email addresses, user behaviour. Service provider pursuant to Section 13 Telemediengesetz [Telemedia Act] (TMG) and responsible entity pursuant to Section 3 Para. 7 Bundesdatenschutzgesetz [Federal Data Protection Act] (BDSG): Schwegler Vogel- und Naturschutzprodukte GmbH, Heinkelstr. 35, D-73614 Schorndorf, Email: info@schwegler-natur.de, see also Contact, Legal Notices.

Rights to information and withdrawal
You have the right to be informed of data we have stored on you as well as of their origin, recipients or categories of recipients to which this data is forwarded, as well as of the purpose of their storage at any time free of charge. In case you gave your approval to your data being used, you may revoke such approval at any time. Pursuant to the Federal Data Protection Act, you are entitled to be informed of your stored data free of charge and to have this data corrected, blocked or deleted, if necessary. Please direct any and all such requests, such as requests for information, disclosures or revocations concerning your data being processed to: Schwegler Vogel- u. Naturschutzprodukte GmbH, Heinkelstr. 35, D-73614 Schorndorf, Email: info@schwegler-natur.de.

Data security                                         
We have contemporary technical measures in place to guarantee data security, in particular to protect your personal data from any dangers associated with data transmissions as well as from third parties becoming aware of them. These measures are correspondingly adapted in accordance with the current state of the art. To prevent unauthorised third-party access to your personal data, the connection in our online shop is encrypted using SSL technology.

Collecting personal data when using our website strictly for informational purposes
In case you only use the website for informational purposes, i.e. when you do not log in, register or otherwise transmit information to us for the purpose of using the website, we do not collect any personal data, except for the data transmitted by your browser to enable you to visit the website. This data comprises the following:

• IP address
• Date and time of the request
• Time zone difference to Greenwich Mean Time (GMT)
• Content of the request (specific page)
• Access status/HTTP status code
• Applicable transferred data amount
• Originating website of the request
• Browser
• Operating system and its interface
• Language and version of the browser software.

In addition, cookies are stored on your computer when using the website. Cookies are small text files stored on your hard drive associated with the browser you use and which transmit certain information to the creator of the cookie (in this case us). Cookies are unable to execute programmes or transmit viruses to your computer. Their purpose is to make the internet offer overall more user-friendly and effective.

We use cookies to save the status of the navigation, i.e. to open and close the navigation bar.

Using our online store
When you order something at our online store, you may choose whether you supply the data required for your order only once for this order, or if you wish to create a customer account, where your data is saved for additional purchases at a later time. If you do not have a customer account, we will save your data for the purpose of executing the order and will delete them as soon as we are no longer legally required to store your data. Upon creating a customer account, the data saved to the account by you will be stored revocably. We will use the data you supplied to execute your order. To this end, we will forward your address data to a shipping company commissioned by us and, if applicable, your payment data to our principal bank. We will delete this data after completing the order as soon as the mandatory retention periods dictated by tax and commercial law have expired. To prevent unauthorised third-party access to your personal data, particularly financial data, the order process is encrypted using SSL technology.

Using special functions of our website
In addition to the purely informational use of our website, we offer various services you may take advantage of if you are interested, such as our contact form or a newsletter. In order to do so, you are usually required to indicate additional personal data, which we will use to render the corresponding service. If the details are not indicated as mandatory details, they are voluntary. Such details do not have any impact on the functionality of the website. When you contact us via the contact form or upon signing up for the newsletter, we will save the text you entered for the purpose of contacting us, your name as well as your email address. We also save your IP address and the date and time of your registration to protect you in case a third party should use your email address illegitimately. When you contact us via email, we will save your email address and, if indicated, your name, your phone number and your address. No data will be forwarded to any third parties. You may unsubscribe from the newsletter at any time. Please see the confirmation mail and the newsletter for further details.

Using social media plug-ins
We may use the following social media plug-ins:
• Facebook
• Youtube

The provider of the plug-in can be identified by the corresponding logo in the box. Personal data will only be transmitted after clicking on one of the plug-ins. Data will automatically be sent to the corresponding plug-in provider and stored there (in case of US providers in the United States) only by clicking on the plug-in. We neither have any influence on the data collected and on the data-processing procedures, nor are we aware of the full extent of the data being collected, the purposes as well as the retention periods. As the plug-in provider in particular collects data using cookies, we recommend deleting all cookies in the security settings of your browser before clicking the plug-in.

If you click on a plug-in, the plug-in provider will receive the information, that you accessed the corresponding subpage of our website. Additionally, the same personal data collected by us for the strictly informational use will be transmitted. In the case of Facebook, only an anonymised IP is collected in Germany according to the information supplied by the provider. The data is transmitted independent of whether or not you have an account with the corresponding plug-in provider and are logged in. If you are logged into your account with the plug-in provider, this data will be associated directly with your account. If you click on a plug-in and create a link to this website, for instance, the plug-in provider will also save this information in your user account and publicly notify your contacts thereof. If you decide against an association with your profile with the plug-in provider, you have to log out before activating the button.

The plug-in provider stores this data as usage profiles and uses them for the purpose of advertisement, market research and/or designing their website appropriately. Such an evaluation is in particular performed (also for users not logged in) to display appropriate advertisement and to notify other users of the social network of your activities on our website. You may at any time exercise your right to refuse the creation of these user profiles; please contact the corresponding plug-in provider to exercise this right.

The following data privacy statements of these providers contain additional information on the use and extent of the data being collected and processed by the plug-in provider. They also include further information on your corresponding rights and setting options to protect your privacy.

Addresses of the corresponding provider and URL containing their data privacy notices:
a) Facebook Inc., 1601 S California Ave, Palo Alto, California 94304, USA;
http://www.facebook.com/policy.php;
b) YouTube, LLC, 901 Cherry Ave., San Bruno, California 94066, USA,
https://www.youtube.com/t/terms
https://www.google.de/intl/de/policies/privacy/

Schorndorf, March 2018

GTC – General Terms and Conditions

Terms of Sale, Delivery and Payment

I. General provisions
The following terms apply to all transactions with our purchasers. By submitting an order, the purchaser also acknowledges them for subsequent orders, even if their own terms and conditions deviate from ours. Any terms of the purchaser contrary to or deviating from these General Terms and Conditions are not recognised, unless we explicitly agree to them in writing. Deviating terms are neither recognised, if we execute the order without prejudice while being aware of any terms of the purchaser contrary to or deviating from these General Terms and Conditions. Oral declarations made by our representatives or employees require our written confirmation. Please note that we cannot accept any unfree shipments (such as cash on delivery).

II. Offers
Our offers are non-binding with regard to prices, delivery dates and other contents. Documents pertaining to the offer, such as images, drawings, weight indications and measurements, are only approximate guides, unless explicitly stated as binding. The same applies to information in our catalogues and electronic media. Orders are deemed accepted, if either confirmed in writing or executed. In case no written confirmation is furnished, the invoice or delivery note is considered an order confirmation.

III. Prices and payment
Our prices are ex works, excluding packaging, plus the statutory VAT, unless otherwise agreed on. Please see our currently applicable price list for any deviating agreements. Our prices and terms are calculated on the basis of the price list applicable on the day of delivery. Our invoices are payable within 14 days without discounts, unless otherwise agreed on. The date of the execution of the transfer by the postal giro office or bank is decisive for payments, transfers as well as in case of deviating payment terms. Cheques are only accepted as conditional payment. Unfortunately, we cannot accept bills of exchange. Offsetting against our due claims is only possible in case of undisputed counterclaims or counterclaims established as final and absolute on part of the purchaser. The same shall apply for exercising any rights of retention.

IV. Delivery
Unless otherwise agreed on, we are entitled to perform partial deliveries. Delivery dates are only binding if agreed on explicitly. The delivery period may commence upon the order confirmation being sent, yet neither before the purchaser furnishes us with the documents which may be required, nor before receiving a down-payment which may be required. Honouring delivery periods requires compliance with the agreed-on terms of payment and with any other obligations on the part of the purchaser. The delivery period is deemed honoured, provided the delivery item left the facility or the readiness for shipment was indicated before the delivery period has expired. The delivery period is extended correspondingly in case of measures related to labour disputes, particularly strikes and lock-outs and in case of other obstacles outside of our sphere of influence, provided they materially affect the completion or delivery. This also applies in case sub-suppliers are affected by such circumstances. We shall undertake to immediately notify the purchaser of any such circumstances. Delivery is in principal effected at the risk of the purchaser. The risk of damage to or the destruction of the delivery item is transferred to the purchaser no later than upon sending it to the purchaser, even if partial deliveries are performed or if we also assumed other services or the shipping fees. Unless otherwise agreed on, we choose the means of transport and the transport route at our own discretion. If shipping is delayed by any circumstances the purchaser is responsible for, the risk is transferred to the purchaser on the day on which the item is ready for shipping.

V. Retention of title
The delivered goods remain our property until the purchaser paid all outstanding claims in full. The purchaser may sell the delivery item to which we retain the title within the course of ordinary business, unless they already defaulted on payment or ceased payment. If the purchaser sells the delivery item, they already now assign the rights they are entitled to against their buyer by virtue of the sale until they paid all our outstanding claims. The purchaser has no right to otherwise dispose of the delivery item, in particular pledging it or assigning it as security. The purchaser shall immediately notify us of any third-party enforcement measures against the delivery item or against the assigned claims, indicating the documents required for filing an appeal. The purchaser may collect the assigned claims, unless they already defaulted on payment or ceased payment. If the purchaser defaults on payment, we are entitled to take back the retained goods after submitting a reminder, whereas the purchaser is obliged to return the goods. Asserting the retention of title and seizing the delivery item do not constitute a withdrawal from the contract on our part.

VI. Liability
We shall be notified in writing of any complaints based on recognisable defects or due to incomplete or incorrect delivery no later than within 5 days from receiving the delivery item. We shall be notified in writing of any other defects within 5 days from their discovery. The delivery is considered approved in case of late notifications of complaints or notices of defects. The purchaser shall unpack and examine the goods. In case of any transport damage or theft, a report shall be requested from the forwarding agent or carrier, which shall subsequently be submitted to us. Any violation of these duties may impact the warranty rights of the purchaser. Subject to a timely notification, the claims of the purchaser are based on the following provisions. We guarantee fault-free products and services in accordance with the applicable state of the art. Any changes to the construction or design, which neither impact the functionality nor the value of the ordered item, remain reserved and do not justify a complaint. The warranty is excluded, in case the defect is caused by the purchaser not indicating the defect immediately and not giving us an opportunity to remedy the defect or in case the purchaser handled the delivery item in an inappropriate manner or integrated foreign parts into the delivery item which altered the delivery item. The purchaser has no rights due to immaterial defects of the delivery item.
The purchaser may further demand for the delivery item to be repaired. Instead of repairing the delivery item, we are entitled to effect a replacement delivery. Section 439 Paragraph 3 Sentence 1 Bürgerliches Gesetzbuch [Civil Code] (BGB) remains unaffected. The purchaser is, however, entitled to withdraw from the contract or request for the purchase price to be reduced at their discretion, if the rectification fails, is impossible, cannot be performed by us within an appropriate period, is refused or culpably delayed by us. The warranty period is 24 months from the delivery of the delivery item, and for used items it is 12 months. The purchaser has no statutory right of withdrawal due to non-performance or performance not in line with the contract, if we are not responsible for the violation of the duty. This does neither apply, if the purchaser has a right of withdrawal independent of any culpable violations pursuant to any special agreements, nor in case the delivery item is defective.
The liability of SCHWEGLER GmbH for violations of contractual duties as well as from an offence is limited to intent and gross negligence. This does not apply to injury to life, limb or health, claims due to violations of material contractual duties and replacement of delay damages and assumed guarantees. In this respect, SCHWEGLER GmbH is liable for every degree of culpability; in case of any violations of material contractual duties and delay damages, the liability is limited to damage typical to the contract and foreseeable damage. Material contractual duties are all such contractual duties, the fulfilment of which defines the character of the contract and which the customer may rely on. The aforementioned disclaimers also apply to slightly negligent violations of duties by agents of SCHWEGLER GmbH. Any and all claims for damages expire one year from the establishment of the claim. This does not apply to intent, gross negligence, fraudulently withholding a defect or guarantee and in case of injury to life, limb or health. In this case, the claims for damages expire within the statutory period of limitations. Any claims from the Product Liability Law remain unaffected of the foregoing provisions.

VII. Consumer transactions
The statutory provisions apply for consumers (purchase of consumer goods), the period of limitations for the rights of the purchaser is one year from delivery for selling used items, however. We further only assume the liability for damages with regard to consumer transactions pursuant to Clause VI.

VIII. Distance contracts
If the purchase agreement with a consumer (i.e. a natural entity, submitting the order for a purpose which can neither be associated with their commercial nor self-employed professional activity) is concluded exclusively using means of distance communication, the consumer shall have a right of revocation pursuant to the statutory provisions.
If the customer makes use of their right of revocation in their capacity as consumer, they shall assume the regular fees for the return shipment.
The right of revocation is further subject to the individual provisions indicated in detail in the following

 

Revocation Clause
Right of revocation
You are entitled to withdraw from this contract within 14 days without indicating any reasons. The revocation period is 14 days from the day on which you or a third party designated by you, which is not the carrier, took possession of the goods.
To exercise your right of revocation, you have to notify us of your decision to revoke this contract by submitting a clear explanation (e.g. a letter by mail, fax or email) to SCHWEGLER Vogel- u. Naturschutzprodukte GmbH, Heinkelstraße 35, D-73614 Schorndorf,
(Phone: 07181/977 45 0, Fax: 07181/977 45 49, email: info@schwegler-natur.de). To this end, you can download the sample revocation form, which is not required, from our website: Revocation form
To comply with the revocation period, it is sufficient for you to notify us of exercising your right of revocation prior to the expiry of the revocation period.

Consequences of the revocation
If you withdraw from the contract, we are obliged to refund you all payments we received from you, including shipping fees (and not including the additional costs arising from you choosing a different mode of delivery than the inexpensive standard delivery method chosen by us) immediately and no later than within 14 days from the day on which we received the notice of your withdrawal from the contract. For this refund, we will use the same payment method you used for the original transaction, unless explicitly otherwise agreed on with you; you will not be charged any fees for this refund in any case. We may refuse the refund until we received the goods from you or until you provided proof of having sent the goods back to us, depending on which occurs first.
You shall return or hand over the goods to us immediately, yet in any case no later than within 14 days from the day on which you notified us of your withdrawal from the contract. The deadline is complied with, if you send the goods prior to the expiry of the deadline of 14 days. You will bear the immediate costs incurred by returning the goods.
You shall only pay for any loss in the value of the goods, if this loss in value is due to an examination of the quality, properties and functionality of the goods having been conducted beyond the required extent.
The right of revocation does not apply to distance contracts for the delivery of goods manufactured in accordance with customer specifications or which are clearly tailored to individual needs or which are not eligible for a return delivery due to their properties or which may perish quickly or which are beyond their expiry date.

IX. Final provisions
The place of performance is Schorndorf in Germany. The place of jurisdiction is our place of business for business transactions with companies, merchants, legal entities according to public law or public special funds. The same applies, if the purchaser has no general place of jurisdiction domestically, changes their domicile or habitual residence to another country subsequent to the conclusion of the contract, or if their domicile or habitual residence are unknown at the time the action is filed. For consumers with their normal place of business or residence in a member state of the European Union (EU) or the European Economic Area (EEA) at the time of conclusion of the contract, German law shall apply excluding the United Nations Convention on Contracts for the International Sale of Goods. For consumers who are habitually resident in a state that is neither a member of the EU nor the EEA, German law applies excluding the UN Sales Convention and excluding the German law of revocation for consumer contracts. For business transactions with companies, merchants, legal entities according to public law or public special funds, German law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods. If any of the foregoing provisions are or become ineffective, the effectiveness of the remaining provisions or agreements shall remain unaffected thereof for companies, merchants, legal entities according to public law or public special funds.

Schorndorf, March 2018