Terms and Conditions
1. Scope
All deliveries and services of FLOYD GmbH are made exclusively on the basis of the following General Terms and Conditions (GTC) in the version valid at the time of the order. Regulations deviating from these conditions shall only apply if they have been expressly confirmed in writing by FLOYD GmbH.
2. Offer and Conclusion of Contract
Offers of FLOYD GmbH are always non-binding with regard to the details of price, quantity, delivery times and delivery options. In particular, in the event of apparent typing and calculation errors on the website or within the context of correspondence, the customer shall not derive any claims against Floyd GmbH. Color deviations between product images and goods may be possible due to the image materials used.
By “submitting” the basket (click on the “Complete order” button) the customer shall submit a binding offer for the order of the goods in the shopping basket. The confirmation of an order receipt by the FLOYD GmbH shall take place immediately after the “submitting” of the order by email. The acceptance of an offer by FLOYD GmbH is confirmed by the delivery confirmation sent by email or the delivery of the goods. By sending this delivery confirmation, the purchase contract between the customer and FLOYD GmbH shall be legally binding.
FLOYD GmbH points out that all products are sold only in normal household quantities and only for private use; this shall apply regardless of whether it concerns one or more order processes that relate to the same product.
3. Retention of Ownership
Until full payment has been made, the goods shall remain the property of FLOYD GmbH. The customer who transfers the goods to third parties shall be obliged to bring this retention of title to the attention of the third party.
4. Prices, Payment Terms, Default
The total price of the order including shipping costs shall be shown in the shopping basket in euro (€). All prices shall include the rate of the currently applicable statutory value added tax (VAT). For deliveries to countries outside the EU, delivery shall be free of VAT. The VAT may be payable on receipt of the delivery in accordance with the legal provisions for the amount of the VAT rate valid in the recipient country. Related charges or costs shall not be covered by FLOYD GmbH. These charges must be paid by the recipient of the parcel. Unfortunately, we have no control over these charges, and cannot tell you what the cost would be, as customs policies and import duties vary widely from country to country. The net prices are shown in the shopping cart when the country of dispatch is selected.
For credit card or PayPal orders, the payment process shall be initiated upon completion of the order. If the customer is in payment default, FLOYD GmbH is entitled to charge default interest amounting to 5 percentage points above the base interest rate p.a. If FLOYD GmbH can prove a greater damage caused by delay, the customer shall be obliged to compensate this damage. FLOYD GmbH reserves the right to refuse types of payment and/or deliveries due to outstanding customer payment arrears. Payment may be made either by money transfer in advance, credit card or PayPal. The due date of the total amount depends on the order confirmation.
5. Offsetting, Retention
The customer shall only be entitled to offset in the event that its counterclaims have been legally established or accepted in writing by FLOYD GmbH. A right of retention of the customer may only be legally exercised if it results from the same contractual relationship.
6. Delivery Terms and Conditions
Place of performance, in any case, is the legal domicile of the FLOYD GmbH, which is currently at Frei-Otto-Str. 6, D-80797 Munich, Germany. Shipping within Europe (excluding the UK and Switzerland!) is free. Shipping costs abroad are calculated in the shopping basket – the amount depends on the weight of the goods and the number of packages.
The delivery of the goods shall take place exclusively to the delivery address specified by the customer, as long as no alternative, explicit arrangement has been agreed to with FLOYD GmbH. The delivery address may differ from the billing address.
The delivery shall take place, if the ordered item is on stock. If FLOYD GmbH finds during the processing of the order that the ordered items are no longer available, a separate notification shall be sent to the customer by email, and payments already made will be immediately refundet.
If ordered products cannot be delivered due to breaches of contract by suppliers of FLOYD GmbH, FLOYD GmbH shall be entitled to withdraw from the contract with the customer. In this case, the customer shall be notified separately by email of the unavailability of the products. In addition, there will be an immediate refund of customer´s payments by FLOYD GmbH. Rights of the customer given by law shall remain unaffected.
If a delivery of the ordered products shall not be possible because the goods are not deliverable due to the nature of doors, staircases or other facilities of the customer, the customer shall bear the cost of the unsuccessful delivery attempt. The same shall apply in the event that the customer is not found at the delivery address despite prior notification of delivery and the time of delivery. FLOYD GmbH expressly reserves the right to assert further claims for damages caused by delay.
7. Delivery Times / Partial Delivery
The delivery times stated in the Online Shop or confirmed by FLOYD GmbH shall be adhered to as far as possible. FLOYD GmbH shall be entitled to make partial deliveries.
8. Transfer of Risk
If the customer is a consumer within the meaning of § 13 of the German Civil Code (BGB), the risk of accidental loss or accidental damage to the item is transferred with delivery of the goods to the customer.
To the extent that the customer shall be an enterprise within the meaning of § 14 BGB, the risk of accidental loss or accidental damage shall be transferred when the item is handed over to a suitable transport person.
If the customer is in default of acceptance, the property risk shall be transferred to it at this time.
9. Right of Cancellation
Instruction for the customer/ordering party:
To the extent you are the consumer, you shall have the right to cancel the purchase contract concluded between us without providing any reason. The period for rescission shall be fourteen days from the day on which you or a third party appointed by you, who is not the carrier, has taken possession of the goods and/or the last part of the goods ordered. Condition is that the goods have not used and will be returned in the original packaging.
In order to exercise your right of cancellation, you must inform us, FLOYD GmbH, Frei-Otto-Str. 6, 80797 Munich (Germany), tel.: +49 (0)89 997427330, email: info@floyd.one, by means of a clear statement (e.g. a letter sent by post, a fax or an email) about your decision to cancel this contract. You can use the attached sample cancellation form for this purpose. You may also send the sample cancellation form or any other clear statement to our email address (info@floyd.one). If you make use of this option, we shall immediately reply by sending you (e.g. by email) a confirmation of the receipt of such a cancellation.
In order to maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of cancellation before the expiration of the cancellation period.
Consequences of cancellation:
If you cancel this contract, we shall immediately repay all payments we have received from you, including delivery charges (except for the additional costs arising from your choosing a different type of delivery than the most favourable standard delivery we offer) at the latest within fourteen days from the date on which we received the notice of your cancellation of this contract. For this repayment, we shall use the same payment method that you used in the original transaction, unless otherwise expressly agreed; in any event, you will not be charged for this repayment. We may refuse to repay you until we have received the product(s) returned by you or until you have provided proof that you have returned the goods, whichever comes first. You must return the goods to us immediately and, in any event, not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the expiration of the fourteen-day period. You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss of value is due to handling other than what is necessary to examine of the condition, characteristics and functioning of the goods.
End of the instructions about cancellation:
Notice of return is possible from Monday to Friday from 8:30 A.M. to 5:00 P.M. at telephone number: +49 (0)89 997427330 or email: info@floyd.one.
Agreement:
The customer shall agree with the FLOYD GmbH and in this respect acknowledges that it will bear the regular costs of the return if the delivered goods correspond to the order.
10. Guarantee
Any claims of the customer against FLOYD GmbH related to defects shall be governed by the statutory provisions. The customer can find information about any additional manufacturer’s warranties in the product documentation.
11. Liability
FLOYD GmbH shall be held responsible for damage to property and assets only with regard to intent and gross negligence.
12. Data Protection / Storage of Contract Data
The collection, processing and use of data takes place in accordance with the applicable German Federal Data Protection Act (BDSG) and the Telemedia Act (TMG).
The customer agrees that FLOYD GmbH shall store the personal data necessary for the processing of the contractual relationship on data media and exclusively for the fulfilment of the contractual obligations and in particular for the processing of the orders. The customer shall expressly agree to the collection, processing and use of its personal data.
The consent may be revoked at any time with future effect. In this case, FLOYD GmbH shall be obliged to immediately delete the personal data.
The customer shall have the right to free information, correction and blocking of its stored data at any time. For requests in this respect, the customer shall contact the address indicated in section 17 of these terms and conditions.
The contract data shall be sent to the customer by email upon receipt of its order. It shall be stored by FLOYD GmbH for 90 days from the purchase date. After opening a user account, the customer may also retrieve this contract data on FLOYD GmbH website using the order number in the user account. The customer shall be responsible for longer-term data storage. However, the creation of a user account is not mandatory for the successful completion of an order.
Further information about data protection.
13. Copyright
All data and texts are the property of FLOYD GmbH. The use of these for commercial purposes is prohibited. Please refer to our terms and conditions for the respective warranty conditions.
This website may not be reproduced, duplicated, copied, sold, resold or otherwise used for commercial purposes, in whole or in part, without the written consent of FLOYD GmbH.
14. Use of Cookies
The FLOYD online shop uses cookies on various pages to make visiting our website attractive and to enable the use of specific functions.
Cookies are small text files with a limited number of lines that are stored on the customer’s computer. The files store access data as well as information related to the customer’s shopping basket. During the next visit, it is therefore possible to recognise the customer’s computer again, or the customer can save time filling out the registration forms when logging into the customer’s account.
Viewing the hard disk is just as impossible as inserting programs or viruses.
It is neither possible nor permitted for FLOYD GmbH partner companies to collect, process or use personal data by means of cookies via our website.
15. Place of Jurisdiction, Applicable Law
If the customer is a merchant or has its domicile outside of Germany, the legal domicile of FLOYD GmbH shall be agreed as the place of jurisdiction.
German law shall apply excluding the rules of the UN Convention on the International Sale of Goods (CISG).
16. Final Provisions
Should one or more provisions of these terms and conditions be ineffective, the other terms and conditions shall remain in effect. Insofar as the provisions have not become part of the contract or are ineffective, the content of the contract shall be governed by the statutory regulations .
17. Provider Identification
FLOYD GmbH
Frei-Otto-Str. 6
80797 Munich (Germany)
Tel.: +49 (0)89 997427330
Email: info@floyd.one
Commercial register: Munich HRB 247487
VAT ID: DE 322929231
Managing directors: Bernd Georgi, Horst Kern,
Company head office: Munich
As at: 4 April 2019
