These terms and conditions
 

(1) This website (the "Site") and/or the Services, including all associated mobile applications (collectively: the "Services") and all offers and sales of products ("Products") through the site, is owned and operated by Floody GmbH (hereinafter also: "we", "us" and "our"). These terms and conditions ("Terms") set forth the conditions under which visitors or users (collectively, "Users" or "You") may visit or use the site and/or the services and purchase products. 
 

(2) By accessing or using the services, you agree to be bound by these terms. If you do not agree to all of the terms, you may not access the site or use the services. Please read these terms carefully before accessing the site, using the services, or purchasing any products. In these terms you will learn who we are, how we sell products to you, how you can cancel the purchase agreement, and what you can do if you should have any problems. 
 

(3) By accessing or using the services, you assure us that you are of legal age and have the legal authority, right and freedom to enter into a binding agreement based on these terms and to use the services and purchase products. If you are a minor, you need the permission of your parents or legal guardian to use the services or purchase products. 

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Product purchase 
 

(1) The purchase of products is subject to the terms and conditions in effect at the time of the purchase.
 

(2) When you purchase a product: (i) you are responsible for reading the item description in its entirety before making a binding purchase, and (ii) the completion of an order on the Site (by completing a payment transaction via the "Buy now" button or similar) may constitute a legally binding contract for the purchase of the relevant product, unless these terms state otherwise.
 

(3) You can select products from our product selection by clicking on the corresponding button and add them to the shopping cart. Our prices are listed on the site. We reserve the right to change our prices at any time and to correct unintentional pricing errors. These changes will not affect the price of products you have previously purchased. When you buy a product, you will be shown an overview of all the products you have added to your shopping cart. The overview includes the main features of each product as well as the total price for all products, the applicable sales tax/value added tax (VAT) and shipping costs, if any. On the payment page you also have the possibility to check the products and quantities and, if necessary, change, remove or correct them. You can also use the edit function to identify and correct any input errors before placing your final binding order. All stated delivery times are valid from the moment we received your payment of the purchase price. If you click on the button "Buy now", you place a binding order for the purchase of the listed products at the indicated price and shipping costs. To complete the ordering process by clicking on the button "Buy now", you must first accept these terms and conditions as legally binding for your order by checking the appropriate box.
 

(4) We will then send you a confirmation of receipt of your order by e-mail, in which your order is listed once again and which you can then print or save using the corresponding function. Please note that this is an automatic notification, which only proves that we have received your order. It does not indicate that we have accepted your order.
 

(5) The legally binding agreement of the purchase of the products is only concluded when we send you a declaration of acceptance by e-mail or send the products to you. We reserve the right not to accept your order. This does not apply in cases where we offer a payment method - and you choose this payment method for your order - where a payment process is initiated immediately upon transmission of your order (e.g. electronic transfer or real-time transfer via PayPal, Giropay, Paydirekt). In this case, the legally binding agreement is deemed to be concluded when you have initiated the ordering process, as described above, by clicking the "Buy now" button.
 

(6) The purchase contract may be concluded in German or English. 

 

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Delivery 
 

(1) The delivery of the products will be initiated after we have accepted your order and confirmed the acceptance with an e-mail, i.e. as soon as possible between Monday and Friday after the conclusion of the contract. You will be notified by e-mail after the goods have been handed over to the delivery service. The risks of loss and damage are then transferred to you. 
 

(2) The ordered products will be delivered to the address you specified when placing the order via the postal service or other delivery service providers. The time of delivery depends on the location of the recipient. The exact delivery time cannot be specified.
 

(3) All products are shipped from Switzerland.
 

(4) We do not assume any costs such as additional delivery costs, storage costs, etc., which arise if you have given an invalid address when placing the order or if you or other persons commissioned by you to receive the ordered products do not accept the order. If such costs are charged to us by the delivery company or other third parties, we are free to charge these costs to you.
 

(5) We reserve the right to partial delivery if necessary. For each delivery you will receive an email. If a product is not in stock at the time of the order, you will be informed by e-mail about the delay. The unavailability due to a temporarily empty stock of a product does not automatically lead to a cancellation of the order. The unavailability of a product due to a permanent cessation of the sale of the corresponding product will automatically lead to the cancellation of all or the relevant part of the order. 

 

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Right of withdrawal 
 

You have the right to return products within 14 days from the date of delivery to 

 

Floody GmbH
Eichholzweg 27b
6312 Steinhausen
Switzerland 

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if the product is in a clean and technically perfect condition and you have informed us about it by e-mail to info@floody.ch.

After returning the product in perfect condition and within the above 14 days, you will be refunded the purchase price. Any refund will be made via the payment method you chose when ordering the product. 

If the product is returned later than 14 days after receipt, without written notice to info@floody.ch or in an insufficient condition caused by you, the right to return or exchange the product will be forfeited (for the correct use of the product, please read the instructions sewn to the product on the inside or the information on this website under the heading "Product Information"). In such a case, the purchase price will not be refunded. In any case, all transportation costs are to be paid by you and will not be refunded by us. The risks of the return are at your expense. 

 

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Warranty for products 
 

We are liable under the statutory warranty provisions for defects in quality and/or title of the products you purchase from us. 

 

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Storage of online payment details 
 

You can save a preferred payment method for the future. In this case, we store these payment details according to the applicable industry standards, if any (e.g. PCI, DSS). You can identify your stored card by its last four digits. 

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Vouchers, gift cards and other offers 
Coupons, gift cards or discounts and other offers are available from time to time for our products ("Offers"). Such offers are valid only for the period specified in such offers. Offers may not be transferred, modified, sold, exchanged, reproduced or distributed without our express written permission. 

 

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Permitted use 
 

(1) Our services are provided to you for informational purposes and for private, non- commercial use only. When using our Services, you must comply with these terms and all applicable laws.
 

(2) Except as expressly permitted by these terms, you may not: (i) use our Services in any unlawful or fraudulent manner (including infringement of any third party's rights) or for any purpose to collect personal data or impersonate any other user*; (ii) modify or use our copyright, trademark or other proprietary rights notices or interfere with the security-related features of our services; (iii) use our services in any way to tamper with or distort any content or to undermine the integrity or accuracy of any content, or take any action to interfere with, damage or disrupt any part of our services; (iv) use our services to send, receive, upload/post, download any material that does not comply with our content standards; (v) use our services to transmit or facilitate the transmission of unsolicited or unauthorized advertising or promotional material; (vi) use our services to transmit or upload data to our services that contains viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware or other malicious programs or similar computer code designed to interfere with the operation of computer software or hardware; (vii) use robots, spiders, other automated devices or manual methods to monitor our or other sites or (viii) engage in any conduct that restricts or inhibits any other user from using our services; or (ix) use our services for any commercial purpose or in connection with any commercial activity conducted without our prior written consent. You agree to cooperate fully with us in any investigation of any activity that is suspected of or actually violates these terms.

 

 

Intellectual property rights 
 

(1) Our services and related content (and any derivative works or enhancements thereof), including, without limitation, all text, illustrations, files, images, software, scripts, graphics, photographs, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, trademarks, service marks, trade names and trade dress, and interactive features, and all intellectual property rights therein, are either owned or licensed by us (collectively: "our intellectual property rights") and nothing in these terms grants you any rights in connection with our intellectual property rights. Except as expressly set forth herein or as required by mandatory law for use of the services, you do not acquire any right, title or interest in or to our intellectual property rights. Any rights not expressly granted in these terms are expressly reserved. 

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Disclaimer of warranties for the use of the Site and the Services 
The services, our intellectual property rights, and all information, materials, and content provided in connection therewith and made available to users free of charge are provided "as is" and "as available" without warranties of any kind, express or implied (warranties of fitness for a particular purpose or warranties as to the security, reliability, timeliness, accuracy, and performance of our services, among others) - except in cases of malicious non-disclosure of defects. We do not warrant that free services will be provided uninterrupted or error-free or that they will meet your requirements. Access to the services and the site may be suspended or limited due to repairs, maintenance, or upgrades. This does not affect the warranty for products you purchase from us as set forth in the "Warranty for products" section above. 

 

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Exemption 
 

You agree to defend, indemnify and hold us harmless from and against any and all actual or alleged claims, damages, costs, liabilities and expenses (including, without limitation, reasonable attorneys' fees) arising out of or relating to your use of the site and services in violation of these terms, including, without limitation, any use in violation of the restrictions 

and requirements set forth in the "Permitted use" section, unless such circumstances are not due to your fault. 

 

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Limitation of liability 
 

(1) We are only liable in case of intent, gross negligence, negligent injury to life, body, health or slightly negligent breach of a material contractual obligation, and only in case of chargeable services or the sale of products. A "material contractual obligation" means an obligation which is a basic requirement for the proper performance of the agreement and on which you normally rely and may reasonably rely. Our liability for slightly negligent breach of a material contractual obligation is limited to the amount of ordinary and foreseeable damages for that type of contract. This does not affect our liability under the Product Liability Act or in the event that we have explicitly given a warranty. 
 

(2) The provisions above shall apply to our contractual (including liability for futile expenses) and non-contractual liability (including liability in tort) as well as to liability arising from transactions prior to the conclusion of the contract (culpa in contrahendo). They shall also apply in favor of our managing directors, executive employees or other legal representatives, employees and vicarious agents. 

 

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Modification of the conditions and services 
 

We reserve the right to change these terms from time to time in our sole discretion to reflect changes in law or additional features we may introduce, or as we otherwise develop our business. Therefore, you should review these terms periodically and in always during the checkout process when you purchase products. The new terms will apply to any new order you place after the effective date of the new terms. If ongoing services used by you are affected by the changes to the terms, we will take reasonable account of your legitimate interests. We will notify you of such changes in a timely manner in advance. You will be deemed to have accepted the changes unless you object to them within two months of such notice. We will point this out to you in our notification. If you object to the changes, we have a special right of termination - without further obligations to you - which will take effect on the date the changes come into force. 
We may modify the Services, discontinue providing the Services or any feature(s) of the services offered, or limit the services. We may terminate or suspend access to the services ourselves permanently or temporarily - without giving any reason and without any further obligation. We will notify you in good time in advance, if this is possible under the circumstances, and will take your legitimate interests into account appropriately when taking such measures. 

 

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Links to third party websites 
 

The services may contain links that allow you to leave the site. Unless otherwise noted, the linked sites are not under our control, and we are not responsible for the contents of any linked site, any link contained in a linked site, or any changes or updates to such sites. We are not responsible for transmissions received from any linked site. Links to third party websites are provided for informational purposes only. The fact that we have added links to other websites does not mean that we endorse their owners or their content. 

 

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Applicable law 
 

(1) These terms and conditions shall in any case be governed by Swiss law, in particular by the Swiss Code of Obligations and the Swiss Civil Code.
 

(2) The place of jurisdiction is Zug, Switzerland.
 

(3) The provisions of the United Nations Convention on contracts for the international sale of goods are expressly excluded and do not apply to the contracts between you and Floody GmbH. 

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Miscellaneous 
 

(1) A waiver by either party of any breach or default hereunder shall not constitute a waiver of any preceding or subsequent breach or default. 
 

(2) The headings used in these terms and conditions are for convenience only; no legal significance shall be attached to them.
 

(3) Except as otherwise expressly provided, if any part of these terms is held to be unlawful or unenforceable for any reason, it is agreed that such part of the terms shall be stricken and the other terms shall remain unaffected and in full force and effect. 
 

(4) You may not assign your agreement with us under these terms or any or all of your contractual rights or obligations without our prior written consent.
 

(5) These terms constitute the entire agreement and supersede all prior written or oral agreements between you and Floody GmbH in connection with the services and the sale of Products. 
 

(6) The provisions of these terms and conditions which by their nature are intended to endure such action on our part shall endure, particularly with respect to provisions relating to indemnities, releases, disclaimers, limitations of liability and this Miscellaneous section. 

 

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Contact 

 

In order to contact us, please approach us at:
Name: Floody Ltd.
Address: Eichholzweg 27b, 6312 Steinhausen, Switzerland
E-mail address: info@floody.ch

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Updated on 5.10.2022