Skip to Content

General Terms and Conditions

1. Scope and Provider

(1) These General Terms and Condition (GTC) apply to all business relations between Aquaponics Solutions NELE GmbH, Breitenau 11, 4624 Pennewang, Austria, FN 516900 y (hereinafter referred to as the "Provider") and its customers in the version valid at the time of the order.

(2) The offer is directed at both consumers (within the meaning of the Austrian Consumer Protection Act - KSchG) and entrepreneurs.

2. Subject of the Contract

The company offers services in the following areas:

  1. Consulting & Digital Content: Documents for aquaponics planning, e-learning courses, and the operation of an online platform.
  2. Production: Delivery of turnkey or partially assembled aquaponics modules.
  3. Trade: Sale of components for aquaculture, hydroponics, and aquaponics systems.
  4. Support: Online and on-site support.

3. Conclusion of Contract and Digital Content

(1) The presentation of products in the web shop does not constitute a legally binding offer, but rather an invitation to place an order.

(2) Special provisions for Digital Content: When purchasing digital content (documents, e-learning), provision occurs immediately after receipt of payment. The customer expressly consents to the performance of the contract beginning before the expiry of the withdrawal period and acknowledges that they thereby lose their right of withdrawal.

4. Right of Withdrawal

(1) Customers who are consumers within the meaning of the KSchG have the right to withdraw from this contract within 14 days without giving reasons.

(2) Exceptions to the right of withdrawal:

  • For digital content, if the Provider has begun performance (see point 3.2).
  • For goods manufactured according to customer specifications (individual aquaponics modules).
  • For services manufactured according to customer specifications (individual concepts for aquaponics systems).
  • For services (consulting/support) if these have already been fully rendered.

5. Prices and Payment Terms

(1) All prices are in Euro. Unless otherwise stated, prices include the statutory value-added tax (VAT).

(2) Shipping costs for modules and components are shown separately.

6. Delivery and Assembly (Production/Trade)

(1) The delivery of aquaponics modules is carried out ex-works or via a freight forwarding company according to individual agreement.

(2) The customer is responsible for ensuring the necessary connections (water, electricity, drainage) at the installation site in accordance with the planning documents provided.

7. Rights of Use for Online Platform and E-Learning

(1) The customer receives a non-exclusive, non-transferable right to use the platform and the e-learning content for their own needs.

(2) The transfer of access data or content to third parties is prohibited.

8. Duty to Cooperate and Personal Responsibility of the Customer

(1) Biological system stability: The customer acknowledges that the delivered aquaponics modules, as well as systems created on the basis of documents, training, and other information from the Provider, constitute a complex biological closed-loop system. The success of the operation (in particular fish growth and crop yield) depends significantly on external factors and professional care by the customer.

(2) Maintenance and monitoring: The customer undertakes to operate the system in accordance with legal requirements and the documentation and training content provided. This includes in particular:

  • Daily monitoring of the vitality of fish and plant stocks.
  • Regular testing and documentation of water parameters (e.g., pH value, temperature, ammonium/ammonia, nitrite, nitrate, and oxygen levels).
  • Regular and sufficient cleaning and maintenance of technical components (pumps, filters, sensors).

(3) Infrastructural requirements: The customer is responsible for ensuring that the necessary structural and technical requirements (e.g., level and load-bearing ground, stable power supply, water connection, climate control/ventilation) are permanently met at the installation site.

(4) Duty to report malfunctions: If a technical malfunction occurs or if water values deviate massively from the standard range, the customer must inform the Provider immediately, provided they cannot resolve the situation themselves using the information and documentation provided.

(5) Disclaimer for lack of cooperation: The Provider is not liable for damages (in particular the loss of fish stock or crop failure) resulting from a violation of these duties to cooperate, improper feeding, lack of hygiene, or unauthorized changes to the system configuration.

9. Use Restrictions for Concepts and Documentation

(1) Scope of license: Unless otherwise expressly agreed in writing, by purchasing concepts, planning documents, instructions, or implementation documentation, the customer acquires a simple, non-transferable right of use for exactly one (1) physical system.

(2) Prohibition of multiple use: The use of the information, plans, and data provided for the construction, operation, or expansion of a further (second or more) system is prohibited without prior written consent and additional licensing by the Provider.

(3) Prohibition of transfer & copyright protection: All documents are protected by copyright. The customer is not entitled to pass on, publish, or make these documents available to third parties—whether in original or copy, whether for a fee or free of charge. This also applies to parts of the documentation or derivative designs.

(4) Contractual penalty: For each case of culpable infringement of this use restriction (in particular unauthorized transfer or use for additional systems), the Provider reserves the right to assert a reasonable contractual penalty as well as further claims for damages.

10. Warranty and Liability

(1) The statutory warranty provisions shall apply.

(2) Since aquaponics is a biological system, the Provider assumes no liability for the success of the fattening (fish loss) or plant growth, provided this is due to improper operation, fluctuations in water quality, or lack of maintenance by the customer (see point 8).

(3) The Provider shall only be liable to the customer for damages—excluding personal injury—in cases of gross negligence (intent or gross negligence). This applies analogously to damages caused by third parties engaged by the Provider. Liability for loss of profit, missed savings, indirect damages, and consequential damages is excluded. In any case, liability is limited in amount to the sum insured under the liability insurance.

(4) Claims for damages by the customer can only be asserted in court within six months of knowledge of the damage and the damaging party, but at the latest within three years after the event giving rise to the claim.

(5) The customer must prove in each case that the damage is due to the fault of the contractor.

(6) If the Provider performs the work with the assistance of third parties and warranty and/or liability claims arise against these third parties in this context, the Provider assigns these claims to the customer. In this case, the customer will hold themselves exclusively to these third parties.

11. Retention of Title

The goods remain the property of the Provider until full payment has been made.

 12. Final Provisions

(1) Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) Amendments to the contract and these General Terms and Conditions must be in writing; this also applies to a waiver of this written form requirement. No oral collateral agreements exist.

(3) The place of jurisdiction for business transactions with entrepreneurs is the registered office of the company.

 

Version as of: February 10, 2026