Terms of service

Table of Contents

Article 1 - Definitions

Article 2 - Identity of the Entrepreneur

Article 3 - Applicability

Article 4 - The Offer

Article 5 - The Agreement

Article 6 - Right of Withdrawal

Article 7 - Obligations of the Consumer During the Reflection Period

Article 8 - Exercise of the Right of Withdrawal by the Consumer and Associated Costs

Article 9 - Obligations of the Entrepreneur in Case of Withdrawal

Article 10 - Exclusion of the Right of Withdrawal

Article 11 - The Price

Article 12 - Performance and Additional Warranty

Article 13 - Delivery and Execution

Article 14 - Long-term Transactions: Duration, Termination and Renewal

Article 15 - Payment

Article 16 - Warranty Conditions

Article 17 - Liability

Article 18 - Complaints Procedure

Article 19 - Disputes

Article 1 - Definitions

In these terms and conditions, the following terms shall have the following meanings:

1. Supplementary Agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract, and these are supplied by the entrepreneur or by a third party based on an agreement between that third party and the entrepreneur;
2. Reflection Period: the period within which the consumer can exercise their right of withdrawal;
3. Consumer: the natural person who is not acting for purposes related to their trade, business, craft or professional activity;
4. Day: calendar day;
5. Digital Content: data that is produced and delivered in digital form;
6. Long-term Contract: a contract that extends to the regular delivery of goods, services, and/or digital content over a certain period of time;
7. Durable Medium: any tool - including email - that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation or use during a period that is appropriate for the purpose for which the information is intended, and which allows unchanged reproduction of the stored information;
8. Right of Withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;
9. Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
10. Distance Contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, where exclusive or joint use is made of one or more techniques for distance communication up to and including the moment the contract is concluded;
11. Model Withdrawal Form: the European model withdrawal form included in Annex I of these terms and conditions. Annex I does not need to be provided if the consumer does not have a right of withdrawal concerning their order;
12. Distance Communication Technique: a means that can be used for concluding a contract, without the consumer and the entrepreneur having to be together in the same room at the same time.

Article 2 - Identity of the Entrepreneur

Floati
Barnsteenstraat 1F
1812SE Alkmaar
the Netherlands

Email address: info@floatidesign.com
Chamber of Commerce number: 93551584
VAT number: NL866446382B01

Article 3 - Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed at the entrepreneur’s premises and that they will be sent free of charge to the consumer upon request as soon as possible.
3. If the distance contract is concluded electronically, the text of these general terms and conditions may, in deviation from the previous paragraph and before the distance contract is concluded, be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent free of charge to the consumer, electronically or otherwise, upon request.
4. If, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs shall apply accordingly and in the event of conflicting conditions, the consumer can always rely on the applicable provision that is most favorable to them.

Article 4 - The Offer

1. If an offer is subject to a limited duration or is made under specific conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow the consumer to properly assess the offer. If the entrepreneur uses images, they are a truthful representation of the products, services and/or digital content offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 - The Agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the associated conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance electronically. As long as this receipt has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur shall implement appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures for this purpose.
4. The entrepreneur may, within the legal framework, verify whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into a distance agreement. If the entrepreneur has good grounds not to enter into the agreement based on this investigation, he is entitled to refuse an order or request, with justification, or attach special conditions to its implementation.
5. At the latest upon delivery of the product, service, or digital content, the entrepreneur shall provide the consumer with the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

• the visiting address of the entrepreneur's business establishment where the consumer can lodge complaints;
• the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
• information on warranties and existing after-sales service;
• the price including all taxes of the product, service, or digital content; any delivery costs if applicable; and the method of payment, delivery, or execution of the distance agreement;
• the requirements for terminating the agreement if it has a duration of more than one year or is of indefinite duration;
• if the consumer has a right of withdrawal, the model withdrawal form.

6. In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 - Right of Withdrawal

For products:

1. The consumer may dissolve a contract regarding the purchase of a product within a reflection period of at least 30 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not require it.
2. The reflection period referred to in paragraph 1 begins on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:

• if the consumer has ordered multiple products in one order: the day on which the consumer or their designated third party receives the last product. The entrepreneur may refuse an order for multiple products with different delivery times, provided they clearly informed the consumer of this before the ordering process;
• if the delivery of a product consists of multiple shipments or parts: the day on which the consumer or their designated third party receives the final shipment or part;
• for agreements for regular delivery of products over a certain period: the day on which the consumer or their designated third party receives the first product.

For services and digital content not delivered on a tangible medium:

1. The consumer may dissolve a service agreement and an agreement for the delivery of digital content not supplied on a tangible medium within a period of at least 30 days without stating reasons. The entrepreneur may ask for the reason but may not require it.
2. The reflection period referred to in paragraph 3 begins on the day following the conclusion of the agreement.

Extended reflection period for failure to inform about the right of withdrawal:

1. If the entrepreneur has not provided the legally required information about the right of withdrawal, the reflection period expires 12 months after the end of the original reflection period established in accordance with the preceding paragraphs.
2. If the entrepreneur provides the information referred to in the previous paragraph within 12 months after the start of the original reflection period, the reflection period expires 30 days after the day the consumer receives that information.

Article 7 - Obligations of the Consumer During the Reflection Period

1. During the reflection period, the consumer shall handle the product and its packaging with care. The product may only be unpacked or used to the extent necessary to assess its nature, characteristics, and functioning. The basic principle is that the consumer may only handle and inspect the product as they would be allowed to do in a physical store. If the product shows signs of use, it may be subject to depreciation. These signs may include scratches, dents, stains, discolorations, broken parts, or other damage.
2. The consumer is only liable for depreciation of the product resulting from handling it in a way that goes beyond what is allowed in paragraph 1.
3. The depreciation is capped at 50% of the purchase price and will be deducted from the total refund amount.

Article 8 - Exercise of the Right of Withdrawal by the Consumer and Costs Thereof

1. If the consumer exercises their right of withdrawal, they must notify the entrepreneur within the reflection period using the model withdrawal form or in another unambiguous manner.
2. As soon as possible, but no later than 14 days after the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) the entrepreneur. This is not required if the entrepreneur has offered to collect the product themselves. The return deadline is met if the consumer sends the product back before the reflection period has expired.
3. The consumer shall return the product with all supplied accessories, if reasonably possible in the original condition and packaging, and in accordance with the entrepreneur’s reasonable and clear instructions.
4. The risk and burden of proof for correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer bears the direct costs of returning the product, unless the entrepreneur has not informed the consumer that these costs must be borne or if the entrepreneur has agreed to bear them.
6. If the consumer withdraws after explicitly requesting that the performance of the service or the supply of gas, water, or electricity (not prepared for sale in a limited volume or quantity) begin during the reflection period, the consumer owes the entrepreneur an amount proportionate to the part of the obligation that was fulfilled at the time of withdrawal, relative to the full completion of the obligation.
7. The consumer does not bear costs for the performance of services or the supply of water, gas, or electricity (not prepared for sale in a limited quantity), or district heating, if:
8. the entrepreneur did not provide the legally required information about the right of withdrawal, reimbursement, or the model withdrawal form; or
9. the consumer did not explicitly request the start of the performance of the service or supply during the reflection period.
10. The consumer does not bear costs for the full or partial delivery of digital content not supplied on a tangible medium if:
11. they did not expressly consent to the start of the agreement before the end of the reflection period;
12. they did not acknowledge losing their right of withdrawal by giving such consent; or
13. the entrepreneur failed to confirm this statement from the consumer.
14. If the consumer exercises the right of withdrawal, all supplementary agreements are dissolved by operation of law.

Article 9 - Obligations of the Entrepreneur in Case of Withdrawal

1. If the entrepreneur enables electronic notification of withdrawal, they will immediately confirm receipt of such notification.
2. The entrepreneur will reimburse all payments received from the consumer, including any delivery costs charged for the returned product, without undue delay and within 14 days from the day on which the consumer notifies the withdrawal. Unless the entrepreneur offers to collect the product, they may delay reimbursement until they have received the product or the consumer has provided proof of return, whichever is earlier.
3. The entrepreneur will use the same payment method that the consumer used, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
4. If the consumer chose a more expensive delivery method than the cheapest standard delivery, the entrepreneur is not obliged to reimburse the additional costs.

Article 10 - Exclusion of the Right of Withdrawal

The entrepreneur may exclude the following products and services from the right of withdrawal, but only if clearly stated in the offer, or at least in time before the conclusion of the agreement:

1. Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
2. Agreements concluded during a public auction, defined as a method of sale where products, digital content, and/or services are offered by the entrepreneur to the consumer who is present or has the opportunity to be present at the auction, conducted by an auctioneer, and where the successful bidder is obliged to purchase the products, digital content, and/or services;
3. Service agreements after full performance of the service, but only if: A. the performance began with the consumer’s explicit prior consent; and B. the consumer acknowledged that they would lose the right of withdrawal once the service was fully performed;
4. Package travel as referred to in Article 7:500 of the Dutch Civil Code and agreements for passenger transport;
5. Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and other than for residential purposes, goods transport, car rental services, and catering;
6. Leisure activities if the agreement provides for a specific date or period of performance;
7. Products made to the consumer’s specifications, which are not prefabricated and are made based on an individual choice or decision by the consumer, or which are clearly intended for a specific person;
8. Products that perish quickly or have a limited shelf life;
9. Sealed products that are not suitable for return due to health protection or hygiene reasons and whose seal has been broken after delivery;
10. Products which, after delivery, are by their nature irreversibly mixed with other products;
11. Alcoholic beverages whose price was agreed upon at the time of contract conclusion but whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations beyond the entrepreneur’s control;
12. Sealed audio, video recordings, and computer software where the seal has been broken after delivery;
13. Newspapers, periodicals or magazines, with the exception of subscriptions to them;
14. The delivery of digital content not on a tangible medium, but only if: A. the execution has begun with the explicit prior consent of the consumer; and B. the consumer has declared that they thereby waive their right of withdrawal.

Article 11 - The Price

1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur may offer products or services with prices that are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. The fact that these prices are subject to fluctuations and that any stated prices are target prices will be stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and: A. they are the result of statutory regulations or provisions; or B. the consumer is authorized to terminate the agreement as of the day on which the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.

Article 12 - Fulfilment of the Agreement and Additional Warranty

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the existing legal provisions and/or government regulations in effect on the date the agreement was concluded.
2. An additional warranty provided by the entrepreneur, their supplier, manufacturer, or importer shall never limit the legal rights and claims that the consumer may assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfill their part of the agreement.
3. Additional warranty means any undertaking by the entrepreneur, their supplier, importer, or manufacturer in which they grant the consumer certain rights or claims that go beyond what they are legally obligated to do in case they have failed to fulfill their part of the agreement.

Article 13 - Delivery and Execution

1. The entrepreneur will take the greatest possible care when receiving and fulfilling orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has provided to the entrepreneur.
3. Subject to the provisions in Article 4 of these general terms and conditions, the entrepreneur shall execute accepted orders with due speed but at the latest within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or can only partially be fulfilled, the consumer will be notified within 30 days of placing the order. In such a case, the consumer has the right to dissolve the agreement at no cost.
4. In the event of dissolution in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.
5. If delivery of an ordered product proves impossible, the entrepreneur shall make an effort to provide a replacement item. Upon delivery, it shall be clearly and understandably stated that a replacement item is being provided. The right of withdrawal cannot be excluded in the case of replacement items. The return shipping costs are borne by the entrepreneur.
6. The risk of damage and/or loss of products lies with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative known to the entrepreneur.

Article 14 - Long-Term Transactions: Duration, Termination, and Renewal

1. The consumer may terminate an agreement concluded for an indefinite period and that involves the regular delivery of products (including electricity) or services at any time, observing the agreed termination rules and a notice period of no more than one month.
2. The consumer may terminate a fixed-term agreement for the regular delivery of products (including electricity) or services at the end of the agreed term, observing the agreed termination rules and a notice period of no more than one month.
3. The consumer may terminate the agreements referred to in the previous paragraphs: - at any time and not be restricted to termination at a specific time or in a specific period; - in the same way they were entered into; - with the same notice period that the entrepreneur has stipulated for themselves.
4. A fixed-term agreement for the regular delivery of products or services may not be tacitly extended or renewed for a fixed term.
5. By way of derogation from the previous paragraph, a fixed-term agreement for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a period of no more than three months, provided the consumer can terminate this extended agreement by the end of the extension with a notice period of no more than one month.
6. A fixed-term agreement for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month, and no more than three months if the agreement is for the regular but less than monthly delivery of daily, news, and weekly newspapers and magazines.
7. Agreements for a limited period for the introductory delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscriptions) shall not be tacitly continued and will automatically end after the trial or introductory period.
8. If an agreement has a duration of more than one year, the consumer may terminate it at any time after one year with a notice period of no more than one month, unless reasonableness and fairness dictate otherwise before the end of the agreed term.

Article 15 - Payment

1. Unless otherwise stipulated in the agreement or additional terms, amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or if there is no reflection period, within 14 days after the conclusion of the agreement. In the case of a service agreement, this period begins after the consumer has received confirmation of the agreement.
2. In the case of the sale of products to consumers, the consumer may never be obliged in the general terms and conditions to make an advance payment of more than 50%. Where advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
3. The consumer has a duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
4. If the consumer does not fulfill their payment obligations in time, after being notified by the entrepreneur of the late payment and given a period of 14 days to still meet their obligations, the consumer will owe statutory interest on the outstanding amount after failing to pay within this 14-day period. The entrepreneur is also entitled to charge extrajudicial collection costs. These collection costs are capped at: 15% on outstanding amounts up to €2,500; 10% on the next €2,500; and 5% on the following €5,000, with a minimum of €40. The entrepreneur may apply lower rates to the benefit of the consumer.

Article 16 - Warranty Conditions

Floati offers a 2-year warranty against manufacturing defects. The warranty applies exclusively to the person who made the purchase. Your invoice serves as your proof of warranty, and the invoice date marks the start of the warranty period. This is a carry-in warranty, meaning you are asked to return or bring the defective product to us. The product will be repaired either by us or by an external repair service. Wear parts such as lights are not covered by the warranty. The warranty does not apply if any of the following conditions are found:

• Damage caused by the user (e.g., water damage, drop damage, pressure damage, impact damage).
• Damage resulting from improper use of the product.
• Attempting to open or repair the product yourself.
• Parts that were changed or added which were not included at the time of delivery.
• Damage caused by insufficient maintenance.

In the event of a warranty claim, please contact our customer service.

Article 17 - Liability

1. The liability limitations stated in these general terms and conditions do not apply if the damage results from intent or deliberate recklessness by Floati or its executive management.
2. We exclude all liability for any direct or indirect damage of any kind that arises from or is in any way related to the website and its products.
3. We cannot be held liable for defects or damage that occur during or after a repair unless the damage was caused by intent or gross negligence on our part.
4. Defects caused by improperly performed repair work by us will be corrected free of charge.
5. If we are liable for damage caused during repair, we reserve the right to repair that damage at our expense. If the consumer chooses to have the repair carried out by a third party, we are only obliged to reimburse the costs up to the amount we would have incurred had we been allowed to carry out the repair ourselves.
6. If damage results from Floati's liability, we are only liable for direct damages. We are not liable for any consequential damages of any kind, unless caused by intent or deliberate recklessness.
7. In all cases, Floati's liability is limited to the amount paid out by our insurance, insofar as the damage is covered, or otherwise limited to the original invoice amount.
8. Unless expressly stated otherwise in the agreement or in these terms and conditions, any consumer claim expires one year after the execution of the agreement.

Article 18 - Complaints Procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.
2. Complaints regarding the performance of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a longer processing time, the entrepreneur will reply within 14 days with a confirmation of receipt and an indication of when a more detailed response can be expected.
4. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute resolution procedure.

Article 19 - Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law. Only a Dutch court has jurisdiction to hear these disputes. All other disputes, in deviation from the statutory rules on jurisdiction of the civil court, shall, if the District Court is competent, be settled by the District Court in the location or judicial district where Floati is established. However, Floati remains entitled to summon the customer before the competent court under the law or the applicable international convention. The customer has the right, for a period of five weeks after Floati has invoked the above, to choose resolution of the dispute by the competent civil court under the law or applicable international convention.

Last updated: 01-06-2025