Right of withdrawal

You have the right to revoke a contract concluded with us within fourteen days without giving any reason.

The withdrawal period is 54 weeks from the day of the conclusion of the contract.

To exercise your right of withdrawal, you must inform us (Borgmann Aquaponik Hydroponik, Schumacherweg 19, CH-80469 Zurich) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post or an e-mail). You can reach us by telephone on 0041-79-5835913. Here you will find a form for making a revocation.

To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of cancellation

If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.

If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

A right of withdrawal expires prematurely or does not exist for the following contracts, among others:

Contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer ("customer specification": this concerns all control systems for aqua and hydroponics),

Contracts for the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded,

Contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,

contracts for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature,

contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery,

contracts for the supply of software,

contracts for the supply of newspapers, periodicals or magazines with the exception of subscription contracts.

Further exceptions are regulated in Section 312g (2) Nos. 8 to 13.

Premature expiry of the right of withdrawal for services and downloads

According to Section 356(4) of the German Civil Code (BGB), the right of withdrawal in a contract for the provision of services expires if the trader has fully performed the service and has only started to perform the service after the consumer's express consent. In addition, before the service is performed, the consumer must have confirmed his knowledge that he will lose his right of withdrawal when the trader has fully performed the contract.
Furthermore, the consumer also has a right of withdrawal for so-called "digital content not on a tangible medium". This includes, for example, downloads and streamings. However, according to Section 356(5) of the German Civil Code (BGB), this right of withdrawal expires before the expiry of the withdrawal period if the trader has started the performance of the contract after the consumer has expressly agreed that the trader starts the performance of the contract before the expiry of the withdrawal period and has confirmed his knowledge that by his consent he loses his right of withdrawal with the start of the performance of the contract. In both cases, the trader must therefore properly instruct the consumer if he wants to bring about the legal consequence that is favourable to him.

Changes as of 28.05.2022

a) According to the new Section 356 (4) of the German Civil Code (BGB), the right of withdrawal for services also expires in the case of a contract

which does not oblige the consumer to pay a price when the trader has fully performed the service;
which obliges the consumer to pay a price, with the complete performance of the service, if the consumer has expressly consented, prior to the commencement of the performance, to the trader commencing the performance of the service before the expiry of the withdrawal period, the consent has been transmitted on a durable medium and has confirmed his knowledge that his right of withdrawal expires with the complete performance of the contract by the trader.

b) Changes to the right of withdrawal for digital content
According to the new section 356(5) of the German Civil Code (BGB), the right of withdrawal in the case of digital content that is not on a physical data carrier expires, inter alia, in the case of a contract

which does not oblige the consumer to pay a price when the trader has begun to perform the contract,
in the case of a contract which obliges the consumer to pay a price, if
the consumer has expressly consented to the trader commencing performance of the contract before the end of the withdrawal period,
the consumer has confirmed his knowledge that his right of withdrawal expires by virtue of his consent to the commencement of the performance of the contract, and
the trader has provided the consumer with a confirmation in accordance with § 312f BGB.

c) Withdrawal period: commencement and duration
The withdrawal period is 12 months and 14 days. The start of the period depends on the subject matter of the contract. The period may already begin with the conclusion of the contract (e.g. in the case of downloads), in the case of delivery of goods the period begins with the receipt of the goods.

Swiss law shall always apply to all legal matters. Place of jurisdiction is Zurich, Switzerland