§ 1 Scope
- These General Terms and Conditions (GTC) apply to the orders of vouchers or products from Flooat AG (hereinafter referred to as “webshop operator”). These GTC supplement the terms of use for guests of the floating studio in their current version. However, the terms of use only apply insofar as nothing else results from the following provisions.
- The GTC are valid from the time of their publication. The webshop operator reserves the right to change the GTC. The GTC published on the website at the time of the order apply. There is no need to explicitly point out changes.
§ 2 Description of Services
- The vouchers and services offered for purchase, the related services, and the products are described in detail on the webshop operator’s internet portal. The customer can purchase vouchers for services and products via the online shop and services of the webshop operator through order and/or reservation. The price for an order or reservation is shown in the online shop along with any applicable shipping costs, including VAT, as the total price.
- The purchase contract for the vouchers, services, and products offered on the website is concluded with the webshop operator. Before ordering and/or reserving, the customer can access all details about the webshop operator as their potential contract partner on the order page and obtain information about the webshop operator.
§ 3 Contract Conclusion and Execution
- The customer can select vouchers, services, and products from the webshop operator’s range, mark them for the order by clicking, and these will be displayed in an overview of the ordered items. In this overview, the prices and postage costs (if applicable) for the selected vouchers, services, and products are displayed again.
- By clicking the “Order” or “Book” button, the customer submits a binding offer to purchase the vouchers, services, and products displayed in the overview. Before sending the order, the customer can view and change the data at any time by clicking the “Edit” button. By placing the order, the customer accepts these terms and conditions, which they must confirm by clicking the corresponding checkbox. The contract between the webshop operator and the customer is thus concluded.
- The webshop operator processes the customer’s order and sends them an order confirmation via email. The order confirmation documents that the customer’s order has been received by the webshop operator and includes an invoice copy for the customer. The original invoice will be sent to the customer by mail with their order.
§ 4 Appointment regulation
- if the company is unable to keep the agreed appointment due to technical problems, the customer will be informed immediately. In this case, the customer will be offered an alternative date or the customer can arrange a new date. A refund of the fee already paid is excluded. The company shall endeavour to rectify technical problems as quickly as possible in order to provide the services as agreed.
- if the customer does not appear at the agreed appointment without prior cancellation, the entire fee for the appointment shall be due; there is no entitlement to a rescheduling of the appointment. The company reserves the right to refuse future appointments in the event of repeated non-appearance without timely cancellation.
- customers have the right to postpone appointments up to 24 hours before the agreed appointment in the event of illness or emergency. Postponements within 24 hours of the appointment are only possible after consultation and confirmation by the company. The company reserves the right to postpone appointments for organisational or operational reasons. In this case, the customer will be informed in good time and offered an alternative date.
§ 5 Vouchers
- A purchased voucher entitles the customer or another suitable person to book and conduct the floating experience and/or various massages (hereinafter also referred to as “service”). The service specified and described in the voucher applies.
- Regardless of which webshop operator the customer purchases vouchers from, they can redeem their purchased vouchers at any partner company under the “flooat” brand. The customer can find information about the partner companies’ locations on the website.
- The customer receives a voucher card by mail or email. To redeem the voucher and obtain the service, the voucher code must be entered under “Voucher Code” when booking the appointment. Otherwise, it is not possible to conduct the service based on the voucher.
- The voucher can be redeemed within the statutory limitation period according to Swiss obligations law. The period begins at the end of the year in which it was purchased. After this period, an extension of the voucher is possible with the issuer’s consent.
- The voucher is not personal and can be transferred to other persons. However, resale of the vouchers is not permitted.
- Each voucher can be exchanged for a voucher for another experience (floating, various massage types), provided that the value of the voucher to be exchanged is sufficient for the desired service or an additional payment is made. The valid prices at the time of exchange are binding for the value of the voucher and the desired service. If the service chosen by the customer is cheaper than the original service, the flooat center where the exchange takes place will issue a credit, which can be used for the purchase of another service.
- Cash payment upon exchange and return of vouchers is not possible. If the value of the voucher is not sufficient for the service desired by the buyer, they can pay the difference.
- The webshop operator assumes no liability for loss, theft, or misuse of vouchers.
§ 6 Prices and Shipping Costs
- The prices offered on the website for vouchers, services, and products are binding. All stated prices are final prices and include the applicable statutory VAT.
- Discounts, special and promotional prices cannot be combined with other discounts (discounts are not additive). A credit for other vouchers upon exchange is possible even for discounted vouchers.
- The webshop operator charges costs for packaging and shipping of vouchers and products. The corresponding shipping costs are displayed to the customer in the order form.
§ 7 Payment and Delivery
- The items or services ordered online are paid for online by the customer during the order process.
- The purchase price is due immediately.
- The product and voucher cards are sent to the address specified by the customer within 2 working days after the order is received, provided it is received on a working day.
- The normal delivery time for shipping products and vouchers is one working day. However, delivery times may be extended in the event of strikes and force majeure (e.g., bad weather conditions). Compensation for late or non-delivery is excluded unless the webshop operator can be proven to have acted intentionally or with gross negligence.
§ 8 Liability
- Customer claims for damages are excluded. This does not apply to claims for damages by the customer arising from injury to life, body, or health or from the violation of essential contractual obligations (cardinal obligations), as well as liability for other damages based on an intentional or grossly negligent breach of duty by the webshop operator, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the contract’s objective.
- In the event of a breach of essential contractual obligations, the webshop operator is only liable for the contract-typical, foreseeable damage if this was caused by simple negligence unless it concerns customer claims for damages arising from injury to life, body, or health.
- The limitations of paragraphs 1 and 2 also apply in favor of the webshop operator’s legal representatives and vicarious agents if claims are made directly against them.
- The provisions of the Product Liability Act remain unaffected.
§ 9 Right of Withdrawal
The customer can revoke their contract declaration within 5 days without giving reasons in text form (e.g., letter, fax, email) or – if the item is handed over before the deadline – by returning the item.
Flooat AG
c/o Andreas Ackermann
Strandweg 39
3705 Faulensee
Switzerland
Consequences of Withdrawal
In the event of a valid withdrawal, the mutually received benefits must be returned, and any benefits derived (e.g., interest) must be surrendered.
The right of withdrawal expires prematurely if the contract has been fully performed by both parties, particularly if vouchers have been redeemed before the right of withdrawal was exercised.
If you cannot return the received service in whole or in part or only in a deteriorated condition, you may have to compensate us for the value. Vouchers affected by the withdrawal cannot be redeemed and must be either returned or destroyed by the customer.
§ 10 Data Processing Notices
- The webshop operator collects customer data in the context of contract processing. Without the customer’s consent, the webshop operator will only collect, process, or use customer inventory and usage data to the extent necessary for contract processing.
§ 11 Form of Declarations
Legally relevant declarations and notifications that the webshop operator must receive must be in writing. Transmission by fax and email is sufficient to comply with the written form. The statutory regulations for exercising the statutory right of withdrawal are not restricted hereby.
§ 12 Applicable Law
Swiss law applies.