Disclaimer

1. limitation of liability
The contents of this website have been prepared with the greatest possible care and to the best of our knowledge. Nevertheless, the provider of this website accepts no responsibility for the topicality, completeness and correctness of the pages and content provided.

As a service provider, the provider of this website is responsible for its own content and the information provided on these pages in accordance with general legislation pursuant to Section 7 (1) of the German Telemedia Act (TMG); however, in accordance with Sections 8 to 10 of the TMG, it is not obliged to monitor the transmitted or stored third-party information. Removal or blocking of such content shall take place immediately from the time of knowledge of a concrete infringement of the law. Liability is only possible from the time of knowledge.

2 External links
The website contains so-called "external links" to other websites over whose content the provider of the website has no influence. For this reason, the provider cannot assume any liability for these contents.
The respective provider of the linked website is responsible for the content and accuracy of the information provided. At the time of linking, no legal violations were apparent. If any such infringement becomes known, the link will be removed immediately.

3. copyright/performance protection law
The content, works and information published on this website are subject to EU and Swiss copyright and ancillary copyright law. Any kind of reproduction, editing, distribution, storage and any kind of exploitation outside the limits of copyright law requires the prior written consent of the respective copyright holder. Unauthorised copying/saving of the information provided on these web pages is not permitted and is punishable by law.

4. data protection
By visiting the website, information (date, time, page accessed) about the access may be stored on the server. No personal data (e.g. name, address or e-mail address) is stored.

If personal data is collected, this is only done with the prior consent of the user of the website. Data will not be passed on to third parties without the express consent of the user.

The provider points out that the transmission of data on the Internet (e.g. by e-mail) is subject to security vulnerabilities and that complete protection of data against access by third parties cannot be guaranteed. The provider accepts no liability for any damage caused by such security gaps.

We expressly object to the use of contact data by third parties for commercial purposes. Unless the customer/user has given prior written or electronic consent.

General Terms and Conditions of Sale

I. Offer and conclusion of contract

The order signed by the customer (also electronically) is a binding offer. We can accept this offer within two weeks by sending an order confirmation or by sending the ordered goods within this period.

Please note the information in Appendix 1 ! 

II. Documents handed over

We reserve the right of ownership and copyright to all documents handed over to the purchaser in connection with the placing of the order - also in electronic form - such as calculations, drawings, etc. These documents may not be made accessible to third parties. These documents may not be made accessible to third parties unless we give the purchaser our express written consent. If we do not accept the orderer's offer within the period specified in Section I, these documents must be returned to us without delay.

III Prices and Payment

Our prices include value added tax but not packaging costs. Delivery and shipping costs are not included in our prices.

Payment of the purchase price shall be made exclusively to the account stated overleaf. The deduction of a discount is only permissible with a special written agreement.

Unless otherwise agreed, the purchase price is payable in advance. Interest on arrears shall be charged at a rate of 5% above the respective base rate p.a. (see Appendix 1). We reserve the right to assert a higher damage caused by default. In the event that we assert a higher damage caused by default, the customer shall have the option of proving to us that the damage caused by default asserted was not incurred at all or was incurred in at least a significantly lower amount.

IV. Offsetting and rights of retention

The customer shall only be entitled to set-off if his claims have been legally established or are undisputed. The customer shall also be entitled to offset against our claims if he asserts notices of defects or counterclaims from the same purchase contract. The customer is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

V. Delivery time

Unless an expressly binding delivery date has been agreed, our delivery dates or delivery periods are exclusively non-binding information.

The commencement of the delivery period stated by us shall be subject to the timely and proper fulfilment of the customer's obligations. We reserve the right to plead non-performance of the contract.

5 weeks after exceeding a non-binding delivery date/delivery period, the customer may request us in text form to deliver within a reasonable period. If we culpably fail to meet an express delivery date/period or if we are in default for any other reason, the customer must grant us a reasonable period of grace to effect performance. If we allow the period of grace to expire fruitlessly, the customer shall be entitled to withdraw from the purchase contract.

If the customer is in default of acceptance or culpably violates other duties to cooperate, we shall be entitled to demand compensation for the damage incurred by us as a result, including any additional expenses. We reserve the right to assert further claims. For his part, the customer reserves the right to prove that no damage at all or at least considerably less damage has been incurred in the amount demanded. The risk of accidental loss or accidental deterioration of the object of sale shall pass to the customer at the point in time at which the customer is in default of acceptance or debtor's delay.

Further legal claims and rights of the purchaser due to a delay in delivery remain unaffected.

VI. Retention of title

We retain title to the delivered item until full payment of all claims arising from the delivery contract.

As long as the ownership has not yet passed to him, the customer is obliged to treat the object of sale with care. In particular, he is obliged to insure it adequately at his own expense against theft, fire and water damage at replacement value (note: only permissible in the case of the sale of high-value goods). If maintenance and inspection work has to be carried out, the customer shall carry this out in good time at his own expense. As long as ownership has not yet been transferred, the customer must notify us immediately in text form if the delivered item is seized or exposed to other interventions by third parties. Insofar as the third party is not in a position to reimburse us for the court and out-of-court costs of an action in accordance with section 771 of the German Code of Civil Procedure (ZPO), the customer shall be liable for the loss incurred by us.

The processing or transformation of the object of sale by the customer shall always be carried out in our name and on our behalf. In this case, the customer's expectant right to the object of sale shall continue in the transformed object. If the object of sale is processed with other objects not belonging to us, we shall acquire co-ownership of the new object in the ratio of the objective value of our object of sale to the other processed objects at the time of processing. The same shall apply in the event of mixing. If the mixing takes place in such a way that the item of the customer is to be regarded as the main item, it shall be deemed agreed that the customer transfers co-ownership to us on a pro rata basis and shall keep the sole ownership or co-ownership thus created for us. In order to secure our claims against the purchaser, the purchaser also assigns to us such claims as accrue to him against a third party as a result of the combination of the reserved goods with a plot of land; we accept this assignment already now.

We undertake to release the securities to which we are entitled at the request of the customer insofar as their value exceeds the claims to be secured by more than 20%.

VII Warranty and notice of defects

Insofar as the information contained in our brochures, advertisements and other offer documents has not been expressly designated by us as binding, the illustrations or drawings contained therein are only approximately authoritative.

Insofar as the delivered item does not comply with the subjective requirements, the objective requirements or the assembly requirements listed below, we shall be obliged to provide subsequent performance. This shall not apply if we are entitled to refuse subsequent performance on the basis of statutory regulations.

The item does not comply with the subjective requirements if

a) it does not have the quality agreed between the customer and us or

b) it is not suitable for the use stipulated in our contract or

c) it is not handed over with the agreed accessories and the agreed instructions, including assembly and installation instructions.

Unless otherwise agreed between the customer and us in compliance with the applicable information and form regulations, the item does not meet the objective requirements if

a) it is not suitable for normal use or

b) it does not have the quality which is usual for goods of the same type and which the customer can expect, taking into account the type of goods and the public statements made by us or another link in the contractual chain or on their behalf, in particular in advertising or on the label, or

c) if it does not correspond to the nature of a sample or specimen provided by us to the buyer before the conclusion of the contract; or

d) if it is not handed over with the accessories, including packaging, assembly or installation instructions and other instructions, which the customer can expect to receive.

An effective agreement to the contrary between the orderer and us regarding the objective requirements of the item presupposes that the orderer was specifically informed before submitting his contractual declaration that a certain feature of the goods deviated from the objective requirements and that the deviation in this sense was expressly and separately agreed in the contract.

The purchaser shall initially have the choice of whether subsequent performance is to be effected by repair or replacement. However, we shall be entitled to refuse the type of subsequent performance chosen by the customer if it is only possible at disproportionate cost and the other type of subsequent performance does not involve any significant disadvantages for the customer. During the supplementary performance, the reduction of the purchase price or the withdrawal from the contract by the customer shall be excluded. A remedy shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. If the supplementary performance has failed or if we have refused the supplementary performance altogether, the customer may, at his discretion, demand a reduction of the purchase price or declare his withdrawal from the contract.

The customer does not have to set us a deadline for subsequent performance. As soon as the purchaser has informed us of the defect, a reasonable period has expired and no subsequent performance has taken place by then, the purchaser shall also be entitled to withdraw from the contract or to demand a reduction.

The purchaser may only assert claims for damages under the following conditions on account of the defect if subsequent performance has failed or we have refused subsequent performance. The customer does not have to set us a deadline for subsequent performance. As soon as the purchaser has informed us of the defect, a reasonable period has expired and no subsequent performance has taken place by then, the purchaser shall also be entitled to assert claims for damages. The right of the purchaser to assert further claims for damages under the following conditions remains unaffected.

The right of the customer to assert further claims for damages under the following conditions remains unaffected. Notwithstanding the above provisions and the following limitations of liability, we shall be liable without limitation for damage to life, limb and health caused by a negligent or intentional breach of duty by our legal representatives or our vicarious agents, as well as for damage covered by liability under the Product Liability Act, and for all damage caused by intentional or grossly negligent breaches of contract and fraudulent intent on the part of our legal representatives or our vicarious agents. Insofar as we have given a quality and/or durability guarantee with regard to the goods or parts thereof, we shall also be liable within the scope of this guarantee. However, we shall only be liable for damage based on the lack of the guaranteed quality or durability, but which does not occur directly to the goods, if the risk of such damage is obviously covered by the quality and durability guarantee.

We shall also be liable for damage caused by simple negligence insofar as such negligence relates to the breach of such contractual obligations, compliance with which is of particular importance for the achievement of the purpose of the contract (cardinal obligations). However, we shall only be liable insofar as the damages are typically associated with the contract and are foreseeable. We shall not be liable for simple negligent breaches of ancillary obligations that are not essential to the contract. The limitations of liability contained in sentences 1 - 3 shall also apply insofar as the liability for legal representatives, executive employees and other vicarious agents is concerned.

Any further liability is excluded irrespective of the legal nature of the asserted claim. Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, workers, staff, representatives and vicarious agents.

The warranty period is generally 2 years, calculated from the transfer of risk. If a defect has become apparent within the limitation period, the limitation period shall not commence before the expiry of four months after the date on which the defect first became apparent. If the customer has handed over the goods to us or, at our instigation, to a third party for the purpose of subsequent performance or for the fulfilment of claims under a guarantee, the limitation period for claims based on the asserted defect shall not commence before the expiry of two months after the date on which the repaired or replaced goods were handed over to the customer. This period shall also apply to claims for compensation for consequential harm caused by a defect, insofar as no claims in tort are asserted.

Appendix 1:

Notes

Transparency requirement

This requirement means that, in case of doubt, a clause in general terms and conditions is also unreasonably disadvantageous if it is not clear and comprehensible. This requirement means that non-transparent clauses per se are to be considered invalid, without the addition of a substantive unreasonable disadvantage to the contractual partner. Furthermore, this also means that the transparency requirement also applies to price clauses and clauses describing services, which are generally exempt from content control.

Warranty periods

In the case of a contract of sale and a contract for work and services, the warranty period is two years as a general rule. If a defect has become apparent within the limitation period, the limitation period shall not begin to run before the expiry of four months after the time when the defect first became apparent. If the customer has handed over the goods to us or, at our instigation, to a third party for the purpose of subsequent performance or for the fulfilment of claims under a guarantee, the limitation period for claims based on the asserted defect shall not commence before the expiry of two months after the date on which the repaired or replaced goods were handed over to the customer. The following warranty periods shall apply:

Moveable goods except building materials:

Building materials, electronic components (if installed):

Undeveloped properties:

The agreement on a shortened limitation period shall only be effective if the Purchaser was specifically informed of the shortening of the limitation period before submitting its contractual declaration and the shortening of the limitation period was expressly and separately agreed in the contract, which is hereby the case.

Duty to notify defects
For non-obvious defects, the period for notification of defects may not be set shorter than two years (in the case of used goods: one year, taking into account the information and form requirements) in the GTC. The period shall commence at the start of the statutory limitation period.

Reimbursement of expenses in case of subsequent performance
Pursuant to section 439 subsection 2 of the German Civil Code (BGB), the seller must bear the expenses necessary for the purpose of subsequent performance (e.g. transport, travel, labour and material costs, including any costs of removal and installation). This obligation may not be excluded by the GTC.

Limitation to subsequent performance
In the case of a defective item, the buyer may demand, at his discretion, either the rectification of the defect or the delivery of a defect-free item as supplementary performance. Only if the subsequent performance is unsuccessful, impossible or unreasonable, the buyer may - secondarily - assert warranty rights: Rescission or reduction. Restrictions on supplementary performance alone are ineffective if the other party to the contract is denied the right to reduce the purchase price if supplementary performance fails.

Liability for defects - seller must bear costs of removal and installation
The new law on supplementary performance according to section 439, paragraph 3, sentence 1 of the German Civil Code (BGB) stipulates that the seller is obliged to reimburse the buyer for the necessary expenses for the removal and installation or the attachment of the defect-free object within the scope of supplementary performance if the buyer has installed the defective object in another object or attached it to another object according to its type and intended use. According to section 445a of the German Civil Code (BGB), the seller can also take recourse against his supplier. However, the seller is only liable if the buyer was acting in good faith. The buyer's rights are therefore excluded if the buyer was aware of the defect at the time of installation or was unaware of it due to gross negligence.

Limitations of liability
Any exclusion or limitation of liability for damages resulting from injury to life, body or health which are based on an intentional or negligent breach of duty by the user or an intentional or negligent breach of duty by a legal representative or vicarious agent of the user shall be invalid.

Amount of interest on arrears
From the beginning of the default, the buyer shall owe the seller default interest in addition to the purchase price. If a consumer is involved in the purchase contract, either as buyer or as seller, the interest rate shall be 5% above the base rate. In the case of sales contracts between entrepreneurs, the interest rate is 8% above the base rate.

The current base interest rates can be found at https://www.bundesbank.de/de/bundesbank/organisation/agb-und-regelungen/basiszinssatz-607820.

Data protection

1 General
1.1 What is personal data?
1.2 Handling personal data
1.3 Usage data
1.4 Registration data
1.5 Duration of storage
1.6 Analysis tools and third-party tools

2. your rights
2.1 Information
2.2 Right to rectification
2.3 Right to deletion
2.4 Right to restriction of processing
2.5 Right to data portability
2.6 Right of revocation
2.7 General and right of appeal

3 Data security
3.1 Data security
3.2 Sessions and Cookies
3.3 Data protection declaration for the use of the Scalable Central Measuring System
3.4 SSL and TLS Encryption

4. newsletter

5. contact 

1. general information

1.1 What is personal data?
Personal data is information that reveals or can reveal the identity of the user. We adhere to the principle of data avoidance. As far as possible, we refrain from collecting personal data.

1.2 Handling of personal data
Personal data is used exclusively for the purpose of establishing the contract, defining its content, implementing or processing the contractual relationship (Art. 6 I b DSGVO). Beyond this, personal data is only processed if we have received your consent to do so (Art. 6 I a DSGVO) or if there is a legitimate interest in the processing. As a matter of principle, they will not be passed on to third parties. In order to process payments, the payment data required for this purpose will be passed on to the credit institution commissioned with the payment and, if applicable, to the commissioned and selected payment service provider. Your personal data will only be processed within the EU.

1.3 Usage data
When visiting the website, general technical information is collected. This is the IP address used, time, duration of the visit, browser type and, if applicable, the page of origin. For technical reasons, this usage data is registered in a log file and can be used and stored for the purpose of evaluating the statistics of this website. This usage data is not linked to your other personal data. The basis for the data processing is Art. 6 para. 1 lit. f DSGVO, which permits the processing of data for the fulfilment of a contract or pre-contractual measures.

1.4 Registration data
Registration is required for the comprehensive use of the functions of our website. The registration data is collected through your corresponding entries and used for the specifically stated purpose in accordance with your consent (Art. 6 I a DSGVO).

1.5 Duration of storage
We store your personal data after the end of the purpose for which the data was collected only for as long as this is necessary due to legal (in particular tax) regulations.

1.6 Analysis tools and third-party tools
Your surfing behaviour is not analysed when you visit our website. No tools from other providers are used. All statistical information on your user behaviour logged by the CMS (on this website) is strictly anonymous; the surfing behaviour cannot be traced back to you. Personal data that you provide to us can be deleted at any time upon request.

 
2. your rights

2.1 Information
You can request information from us as to whether we are processing personal data about you and, if this is the case, you have a right to information about this personal data and to the further information specified in Art. 15 DSGVO. You can view and adjust or delete your account data at any time under the menu item: My Account.

2.2 Right to correction
You have the right to correct inaccurate personal data concerning you and may request the completion of incomplete personal data in accordance with Art. 16 DSGVO.

2.3 Right to erasure
You have the right to demand that we delete the personal data concerning you without delay. We are obliged to delete them immediately, in particular if one of the following reasons applies:
Your personal data is no longer necessary for the purposes for which it was collected or otherwise processed.
You withdraw your consent on which the processing of your data was based and there is no other legal basis for the processing. Your data has been processed unlawfully. The right to erasure does not exist insofar as your personal data is required for the assertion, exercise or defence of our legal claims.

2.4 Right to restriction of processing
You have the right to request us to restrict the processing of your personal data if

you dispute the accuracy of the data and we therefore verify the accuracy,
the processing is unlawful and you refuse the deletion and demand the restriction of use instead
we no longer need the data, but you need it to assert, exercise or defend legal claims,
you have objected to the processing of your data and it is not yet clear whether our legitimate reasons outweigh your reasons.

2.5 Right to data portability
You have the right to receive the personal data relating to you that you have provided to us in a structured, commonly used and machine-readable format and you have the right to transfer this data to another controller without hindrance from us, provided that the processing is based on consent or a contract and the processing is carried out by us with the aid of automated processes.

2.6 Right of withdrawal
If the processing of your personal data is based on consent, you have the right to revoke this consent at any time.

2.7 General and right of appeal
The exercise of your above rights is in principle free of charge for you. In the event of complaints, you have the right to contact the supervisory authority responsible for us, the State Data Protection Commissioner, directly.

 
3 Data security

3.1 Data security
All data on our website is secured by technical and organisational measures against loss, destruction, access, modification and distribution.

3.2 Sessions and cookies
In order to operate the website, we may use cookies or server-side sessions in which data can be stored. Cookies are used, for example, for control purposes. Cookies are files that are stored on your hard disk by a website in order to automatically recognise this computer the next time you visit the website and thus to be able to adapt the use of the website to you. Some of the cookies used are deleted again at the end of the browser session. These are so-called session cookies. Other cookies remain on your terminal device and enable the browser to be recognised when you visit our website at a later date (permanent cookies). You can set your browser in such a way that you are informed about the setting of cookies and decide individually about their acceptance or exclude the acceptance of cookies for certain cases or in general. Please note that you may not be able to use some functions of this website if cookies are deactivated. We ensure that no personal data is taken from sessions or through cookies and that cookies are only used if this is necessary for the website. Thus, the balancing of interests shows that there are no overriding interests on your part (Art. 6 I f DSGVO).

It is also possible to use our offers without cookies. Most browsers are set to automatically accept cookies. However, you can deactivate the storage of cookies or set your browser to notify you as soon as cookies are sent.

 
3.3 SSL or TLS encryption
For security reasons and to protect the transmission of confidential content, such as orders or enquiries that you send to us as the site operator, this site uses SSL or TLS encryption. You can recognise an encrypted connection by the fact that the address line of the browser changes from "http://" to "https://" and by the lock symbol in your browser line.

If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.

 
4. newsletter
If you register for our newsletter, we will use the data required for this purpose or separately provided by you to send you our e-mail newsletter on a regular basis. Unsubscribing from the newsletter is possible at any time and can be done either by sending us a message via the contact options given in the imprint or via the link provided for this purpose in the newsletter.

  
5. contacting us
To contact us regarding data protection, you are welcome to use the following contact options. Responsible person in the sense of the DSGVO/ GDPR: Borgmann Aquaponics Hydroponics

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