Terms and Conditions
1. Scope of application
All deliveries and services of FLOYD GmbH are exclusively based on the following General Terms and Conditions (GTC) in the version effective at the time of the order. Provisions deviating from these terms and conditions shall only apply if they have been expressly confirmed in writing by FLOYD GmbH. These terms and conditions apply to all agreements concluded - irrespective of whether the customer is a consumer within the meaning of § 13 BGB (German Civil Code) or a trader within the meaning of § 14 BGB (German Civil Code).
2. Offer and agreement conclusion
By "sending" the shopping basket (clicking the button "Complete order"), the customer submits a binding offer to order the goods in the shopping basket. Confirmation of receipt of the order by FLOYD GmbH shall be sent by e-mail immediately after the order has been "sent". Acceptance of the offer by FLOYD GmbH is declared by the delivery confirmation sent by e-mail or by delivery of the goods. Upon dispatch of the delivery confirmation, the purchase agreement between the customer and FLOYD GmbH is legally binding.
FLOYD GmbH hereby expressly states that all products are sold only in quantities that are customary in the household and only for private use; this applies irrespective of whether one or more orders are placed for the same product.
3. Retention of title
The goods shall remain the ownership of FLOYD GmbH until payment has been made in full. The customer who passes on the goods to third parties is obliged to provide notice of this retention of title to the third party.
4. Prices, Payment Terms, Default
The total price of the order including shipping costs is shown in the shopping basket in Euro (€). For deliveries within the European Union (EU), all prices include the currently valid statutory VAT rate. In the case of online transactions, the VAT cannot be reclaimed from the customer. For deliveries to countries outside the EU (e.g. U.S.A, Canada, Great Britain, Switzerland, Norway) the prices do not include VAT. The VAT is to be settled by the customer upon receipt of the delivery, if applicable, according to the legal provisions in that jurisdiction in the amount of the VAT rate applicable in the recipient country. Any associated charges or costs shall not be borne by FLOYD GmbH. The net prices are shown in the shopping basket when selecting the country of dispatch. Payment can be made either by cash in advance, credit card or PayPal. The due date of the total amount is determined by the order confirmation.
In the case of orders by credit card or PayPal, the payment process is initiated upon completion of the order. If the customer is in default of payment, FLOYD GmbH shall be entitled to demand interest on default at a rate of 5 percentage points above the base rate per annum. Should FLOYD GmbH be able to prove a higher damage caused by default, the customer is obliged to compensate this damage. Floyd GmbH reserves the right to refuse payment types and / or deliveries due to still existing payment arrears of the customer.
5. Set-off, Retention
The customer shall only be entitled to a set-off if his counterclaims have become legally binding or accepted by FLOYD GmbH. A right of retention of the customer can only be exercised with legal effect if it results from the same contractual relationship.
6. Terms of delivery
The place of performance shall in all cases be the registered office of FLOYD GmbH, currently Frei-Otto-Straße 6, 80797 Munich, Germany. Shipping within Europe (except Switzerland) is free of shipping costs.
The goods are delivered exclusively to the delivery address specified by the customer unless a deviating agreement has been expressly made with Floyd GmbH. The delivery address may differ from the billing address.
Delivery shall be made while stocks are available. Should FLOYD GmbH notice during the processing of the order that the ordered items are no longer available, the customer will be notified separately by e-mail and any payments already made will be refunded without delay.
If a delivery of the ordered products is not possible because the goods cannot be delivered due to the nature of doors, stairways or other facilities of the customer, the customer shall bear the costs for the unsuccessful delivery attempt. The same applies in the event that the customer is not present at the specified delivery address despite prior notification of the delivery at the time of delivery, and also if the delivery is delayed due to circumstances for which Floyd is not responsible (e.g. customs clearance, import controls, limited delivery capacities).
FLOYD GmbH expressly reserves the right to claim further damages caused by delay.
7. Delivery Times / Partial Delivery
The delivery times stated in the online shop or confirmed by FLOYD GmbH shall be not be binding but will be complied with as far as possible. As far as possible, the ordered goods will be delivered in one consignment. FLOYD GmbH is entitled to make partial deliveries. The additional costs incurred as a result (postage, packaging) shall be borne by FLOYD GmbH.
8. Passing of risk
If the customer is a consumer within the meaning of § 13 BGB (German Civil Code), the risk of accidental loss or accidental deterioration of the goods shall pass to the customer when the goods are handed over to the customer.
If the customer is a businessman within the meaning of § 14 BGB, the risk of accidental loss or accidental deterioration shall pass to the customer when the goods are handed over to a suitable transport person.
If the customer is in default of acceptance, the material risk shall pass to the customer at that time.
9. Right of withdrawal
Instruction to the customer / orderer:
Insofar as you are a consumer, you have the right to withdraw from the purchase agreement concluded between us without stating reasons. The period for withdrawal is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods or the last part of the ordered goods. A prerequisite for the right of return is that the goods are not used and are returned in the original packaging.
In order to exercise your right of withdrawal, you must inform us, FLOYD GmbH, Frei-Otto-Straße 6, 80797 Munich (Germany), Tel.: +49 89 997427330, E-Mail: email@example.com, by means of a clear declaration (e.g. a letter sent by post, a fax or an e-mail) of your decision to withdraw from this agreement. You can use the attached sample withdrawal form for this purpose. You can also send the model withdrawal form or another clear declaration to our e-mail address (firstname.lastname@example.org). If you make use of this option, we will send you confirmation of receipt of such withdrawal without delay (e.g. by e-mail).
Any claims of the customer against FLOYD GmbH in case of defects shall be governed by the statutory provisions. Information about possible additional manufacturer's warranties can be obtained by the customer from the product documentation.
FLOYD GmbH shall only be liable for intent and gross negligence in the event of damage to property and financial loss.
12. Data Protection / storage of contractual data
Data collection, processing and use shall be carried out in accordance with the German Data Protection Regulation (DSGVO), the German Federal Data Protection Act (BDSG) and the German Telemedia Act (TMG).
The customer agrees that Floyd GmbH stores the personal data required for the processing of the contractual relationship on data carriers and uses them exclusively for the fulfilment of the contractual obligations, in particular for the processing of orders. The customer expressly agrees to the collection, processing, and use of his personal data.
The customer may revoke this consent at any time with effect for the future. In this case, FLOYD GmbH is obliged to delete the personal data immediately.
The customer has the right to information (Art. 15 DSGVO), correction (Art. 16 DSVO), restriction of processing (Art. 18 DSGVO) and transferability (Art. 20 DSGVO) of his stored data at any time. For requests in this regard, the customer should contact the address given in section 19 of these GTC.
The contractual data will be sent to the customer by e-mail after receipt of his order. They will be stored by FLOYD GmbH for 90 days from the date of purchase. After opening a user account, the customer can also access this contractual data on the FLOYD GmbH website (“floyd.one”) using the order number in the user account. The customer is responsible for any longer-term data storage beyond the achievement of the purpose of the storage. However, the creation of a user account is not mandatory for the successful completion of the order.
13. Storage of the contractual text
The entire contractual text will not be stored by us. Before sending the order via our online shopping cart system, the contractual data can be printed out or electronically saved using the browser's print function. After receipt of the order by us, the order data, the legally required information for distance contracts and the General Terms and Conditions will be sent to you again by e-mail.
All data and texts are the property of FLOYD GmbH. The use for commercial purposes is prohibited. Please refer to our general terms and conditions for the warranty conditions.
This website or parts thereof 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.
Cookies are small text files with a limited number of lines that are stored on the customer's computer. Access data as well as information of the customer's shopping cart are stored in the files. During the next visit, it is thus possible to recognize the customer's computer again, or when registering the customer account, the customer is not required to fill out the registration forms.
The viewing of the hard disk is not possible, nor is the placement of programs or viruses.
Partner companies of FLOYD GmbH are neither allowed nor able to collect, process or use personal data via our website by means of cookies.
16. Jurisdiction, applicable law
If the customer is a merchant or has his place of residence outside Germany, the place of jurisdiction is agreed to be the registered office of FLOYD GmbH.
German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). This choice of law shall only apply to the extent that it does not bypass mandatory applicable consumer protection provisions of the state in which the consumer has his habitual residence at the time of his order.
17. Online Dispute Resolution and Consumer Arbitration
FLOYD GmbH is not obliged to participate in dispute resolution proceedings before a consumer arbitration board within the framework of the VSBG.
18. Final provisions
19. Provider identification
Frei-Otto-Straße, 80797 Munich (Germany)
Phone: +49 89 997427330
Commercial register: Munich HRB 247487
VAT ID: DE 322929231
Managing director: Bernd Georgi, Horst Kern Registered office of the company: Munich