General terms and conditions
§ 1 Application
The general terms and conditions apply for the ordering of wares and services offered by The Floating Isle, Inna Hendrich on thefloatingisle.de. The general terms and conditions do not apply for the download of digital content from thefloatingisle.de
§ 2 Contractual partner
The customer's contractual partner is:
The Floating Isle
Phone: +49 (0)8031 - 22 00 22 44
(subsequently referred to "The Floating Isle").
§ 3 Conclusion of contract
(1) We ship exclusively to Germany and the EU.
(2) By clicking on "send order" the customer submits a quote to purchase the ware listed in the shopping basket, and thus accepts the application of the general terms and conditions.
(3) After sending the order, an order confirmation will automatically be emailed, confirming content and access to the customer's order on The Floating Isle. However, it does not yet signify the acceptance of the customer's offer.
(4) A contract only comes about with the declaration of acceptance by The Floating Isle, which will be sent as a separate email (order confirmation or shipping confirmation), or by shipping the order at the latest. The Floating Isle will declare the acceptance of the offer either by sending a shipping confirmation or by shipping the order within five work days starting from the date of receiving the customer's order.
Should The Floating Isle not send a confirmation of acceptance within this time limit, the customer's order was not accepted.
§ 4 Product availability
(1) In case the ordered products are not available at the time of the order, The Floating Isle reserves the right to not accept the order, meaning no contract will come about. The customer will be informed in this case. Payment already provided by the customer will be refunded promptly.
(2) Clause 1 applies accordingly if the product is only available for sale to customers of age 18 and older, and no proof of age was received after the order and before shipping.
§ 5 Payment
(1) All prices on www.thefloatingisle.de are in Euro and include the statutory value-added tax for end customers.
(2) The available payment methods are displayed at the end of the ordering process.
§8 Reservation of property rights
Until paid in full, any shipped products remain property of The Floating Isle.
§ 11 Consumer's right of cancellation
(1) If the customer is a natural person, completing a transaction for a purpose mainly attributable to neither commercial nor self-employed occupational activity (consumer), the customer is applicable for a cancellation right according to § 312g i. V. m. § 355 BGB.
(2) Right of cancellation for product purchase contracts:
Power of cancellation
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us
The Floating Isle
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but this is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressively agreed otherwise; in any event, you will not recur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to use, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. We will bear the cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
(3) Model withdrawal form:
(Complete and return this form only if you wish to withdraw from the contract.)
The Floating Isle
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods:
Ordered on (*)/received on (*): _______________________________________________
Name(s) of consumer(s): _________________________________________________
Address of consumer(s): _______________________________________________
Signature of consumer(s)
(only if this form is printed on paper)
(*) Delete as appropriate
You can also download a model withdrawal form here: Download
(4) In case of a cancellation of the entire order, the customer is not eligible to a refund of the shipping and handling charge. Which charge applies to the products is displayed when the customer places the order.
(1) Any claims of the customer for compensation are void. This excludes compensation in case of harm of life, body, health as well as accountability for other damage caused by intentional or grossly negligent violation of oblications by The Floating Isle or its statutory representative or vicarious agents. This does not refer to the accountability in case of violation of oblications if their fulfillment is necessary for the proper execution of the contract, meaning the customer may frequently rely on their compliance. In case of slight negligience of such contract obligations, The Floating Isle may only be held accountable for damage that is forseeable and typical for the contract, unless the customer's claim for damages refer to harm of life, body or health.
(2) Clause 1 also applies in favor for The Floating Isle's statutory representatives and vicarious agents, should any claims be held directly against them.
(3) The regulations of the product liability act, as well as the federa data protection act remain in effect.
§ 13 Right to claim
(1) For consumers, the statutory period of limitation of two years applies, starting on product delivery.
(2) During the period of limitation the customer has the right to file claims because of product defects against The Floating Isle. Please contact us for further information.
(3) If the customer is an entrepeneur, meaning the customer acts in the exercise of a commercial or self-employed activity, any rights to claim become time-barred after 12 months, starting on product delivery. Excluded are any claims filed because of harm of life, body or health, if they are a result of negligiance by The Floating Isle or an intentional or negligible violation of obligations of a statutory representative or vicarious assistant of The Floating Isle.
(4) The existance or purchase of a warranty for purchased products does not affect the customer's statutory rights to claim.
(5) Conveyance of rights to claim is excluded, unless the customer is a consumer.
§ 14 Final clause
(1) These terms and conditions are liable the law of the Federal Republic of Germany and exclude the UN sales law.
(2) Unless the customer is a merchant, a juristic person of public law or special assets under public law, the registered office of The Floating Isle is the place of jurisdiction for any dispute resulting from contractual relationships between the customer and The Floating Isle.
(3) The contract remains mandatory even if single clauses are legally void. In this case, statutory rules replace the void clauses, if present.
(4) The contents of the contract are not stored by The Floating Isle after the conclusion and is not available to the customer for viewing. Separate transactions can be found under "My Account".
(5) For the conclusion of a contract, the language German is available.
© 2016 The Floating Isle, Inna Hendrich