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).
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.
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.
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
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: email@example.com). 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