Right of withdrawal

You have the right to cancel a contract concluded with us within fourteen days without giving reasons.

The cancellation period is 54 weeks from the day the contract is concluded.

In order 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 statement (e.g. a letter sent by post or an email). You can reach us by phone at 0041-79-5835913. 

In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.

Consequences of revocation

If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for additional costs resulting from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment.

If you have requested that the services begin during the cancellation period, you must pay us an appropriate amount corresponding to the proportion of services already provided up to the point at which you inform us of your exercise of the right of cancellation with regard to this contract Comparison with the overall scope of services provided for in the contract.

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

Contracts for the supply 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 applies to all control systems for aqua and hydroponics) ,

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

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

Contracts for the delivery of goods if, due to their nature, they were inseparably mixed with other goods after delivery,

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 delivery of software,

Contracts for the delivery of newspapers, magazines or magazines with the exception of subscription contracts.

Further exceptions are regulated in Section 312g paragraph 2 numbers 8 to 13.

Early expiry of the right of withdrawal for services and downloads

Furthermore, the consumer also has a right of withdrawal for so-called “digital content that is not on a physical data carrier”. This includes, for example, downloads and streaming. However, in accordance with Section 356 Paragraph 5 of the German Civil Code (BGB), this right of withdrawal expires before the end of the withdrawal period if the entrepreneur has begun to execute the contract after the consumer has expressly agreed that the entrepreneur will begin executing the contract before the end of the withdrawal period  and is aware of this has confirmed that through his consent he loses his right of withdrawal from the start of the execution of the contract. In both cases, the entrepreneur must properly inform the consumer if he wants to bring about the legal consequences that are favorable to him.

Innovations from May 28, 2022

a) According to the new Section 356 Paragraph 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 if the entrepreneur has fully provided the service;
which obliges the consumer to pay a price with the full provision of the service, if the consumer has expressly agreed before the start of the provision that the entrepreneur begins to provide the service before the end of the withdrawal period, the consent was transmitted on a durable medium and has confirmed his knowledge that his right of withdrawal expires upon complete fulfillment of the contract by the entrepreneur.

b) Changes to the right of withdrawal for digital content

According to the new Section 356 Paragraph 5 of the German Civil Code (BGB), the right of withdrawal for digital content that is not on a physical data carrier expires, among other things, in the case of a contract,

which does not oblige the consumer to pay a price if the entrepreneur has begun to fulfill the contract,
in the case of a contract which obliges the consumer to pay a price if
the consumer has expressly agreed that the entrepreneur begins to fulfill the contract before the end of the cancellation period ,
the consumer has confirmed his knowledge that his right of withdrawal expires through his consent at the beginning of the fulfillment of the contract, and
the entrepreneur has provided the consumer with a confirmation in accordance with Section 312f of the German Civil Code (BGB).

c) Cancellation period: start and duration

The cancellation period is 12 months and 14 days. The start of the period depends on the subject matter of the contract. The deadline can begin when the contract is concluded (e.g. for downloads); in the case of delivery of goods, the deadline begins with receipt of the goods.