General Terms and Conditions (GTC) for the use of the Thync.it Platform
1. General
DynaTag AG, based in Brione sopra Minusio, Switzerland, develops and operates the Thync.it platform.
The Thync.it platform is made available worldwide and for everyone via the Internet. DynaTag reserves the right at any time to delete members, limit their access and permanently delete their data unless they comply with these Terms and Conditions or abuse the Platform for illegal purposes in their countries. Cases of abuse will be forwarded to the authorities.
The general terms and conditions of sale and deliveries and the Privacy Policy of Thync.it and shop.thync.it apply.
General terms and conditions of the customer or the Thync.it-account holder do not apply, even if the customer refers to them.
Amendments and additions to these General Terms and Conditions (GTC)must be made in writing.
2. Scope of services
DynaTag AG makes the organization and user accounts available to all members free of charge. Account opening, employee registration and customization of company information can be done at any time and free of charge. Individual Thync.it codes, additional modules and functions can be purchased via our webshop or Thync.it dealer. The basic version does not charge any royalties.
The Thync.it platform is freely available over the Internet and at any time. A stable and fast internet connection is required. Access costs are not covered by Thync.it. However, country-specific censors cannot be considered.
By opening a customer account, the user automatically agrees to these Terms and Conditions and Privacy Policy in full and without reservation.
The customer may use the Platform at any time and collect, upload, modify, delete and share data. All customer data and customer files (texts, images, videos, audio files and documents) remain in the customer's possession. Only data that is shared on the pinboardbelongsto the public and may not be used for commercial purposes.The legal claim to the images and contents also expires.For more information, please refer to the Privacy Policy.
DynaTag AG or third parties do not get the exclusive rights to the uploaded data. The data can be checked by the cloud provider during upload and deleted at most. There is no right to unrestricted data storage. For legal reasons, DynaTag may at any time delete illegal or inappropriate content from the servers (and backup servers) immediately and without prior notification.
3. Advertising brochures and catalogues
Information in brochures and catalogues is not binding. Information in technical documents is only binding if it is expressly guaranteed.
4. Prices
The use of the Thync.it platform is free of charge.
Thync's (data folders) can be purchased from the webshop or Thync.it merchant and assigned directly to your account. Thync's can be purchased individually or in groups. Also, individual Thync's can already be assigned to a product.
It is possible to purchase Thync's for another account and have it booked there.
Additional modules, functions or upgrades can be purchased and activated via the Thync.it Platform.
The fixed prices in the webshop apply with or without VAT (each is specified product-specific). Packaging and shipping costs will also be charged.
For customer-specific projects, the written order confirmation applies.
5. Delivery dates
Delivery dates are only informative. The delivery date is postponed accordingly if unexpected issues arise which DynaTag AG cannot avert despite due care.
Failure to comply with delivery deadlines and claims does not entitle you to claim damages.
Thync.it Codes can be made available as downloads in the webshop within the ordering process. The customer receives the newly generated codes withintwo (2) hoursdelivered to his account. In addition, the customer receives the codes as an Excel list by e-mail.
6. Terms of payment
Prepayment by bank deposit, PayPaland credit cards (Stripe) are accepted in the web shop.
Invoices from DynaTag AG must be paid no later than 30 days after invoice date.DynaTag AG can modify the payment terms at any time due to a credit check.
If the customer does not comply with the agreed payment dates,after the first reminder, additional default interest and reminder fees will be charged.
7. Retention of title
DynaTag AG remains the owner of the goods delivered by it (in particular consignment goods) until it is fully paid for. The customer authorizesDynaTag AG to register the property in the official register and to comply with all relevant formalities.
8. Transition of benefit and danger
Use and danger pass to the customer upon departure of the delivery from the warehouse of DynaTag AG.
9. Return goods
Returns will only be accepted after prior agreement and fully completed RMA (Return to Manufacturer Authorization).DynaTag AG reserves the right to deduct at least 10% of the value of the goods from the customer upon return of delivered goods, depending on the condition.
The costs for the return transport shall be borne by the customer.
10. Testing and acceptance
The customer must check the deliveries and services of DynaTag AG within 5 working days and notify DynaTag AG of any defects in writing without delay. If he fails to do so, deliveries and services shall be deemed to have been approved, subject to any hidden defects.
11. Warranty
The warranty period is 12 months. It starts with the activation of the Thync.it code by the customer, but no later than one year after delivery of the Thync.it code.
In the event of timely examination and immediate notification, DynaTag AG shall only be obliged to rectify the situation within a reasonable period, excluding the claim for change and reduction and the customer's renunciation of further claims for damages.
12. Exclusion of further liability
All data is stored exclusively by the cloud provider. Ensuring data security, backup and deletion is subject to the respective cloud provider.
There is no right to backup the data if the customer has deleted it himself. Due to the Data Protection Regulation, it must be guaranteed that data deleted by the customer will be permanently and irrevocably deleted.
Backups are limited to data loss in the data processing center. It is therefore possible that an additional data backup will be stored in another geographical location in the world.
Any further claims of the customer, in particular claims for damages, reduction or withdrawal from the contract not expressly stated, are excluded. In no event shall the customer be entitled to compensation for damages that have not arisen on the delivery item itself, such as loss of production, loss of orders, loss of profit and other direct or indirect damage. The mandatory provisions of the Swiss Product Liability Act are reserved.
13. Trademark rights
The rights to all trademarks, logos, photos and texts in connection with products of DynaTagAG in exhibition, sales promotion and POS material as well as in brochures, flyers and similar documents are exclusively held by DynaTagAG.
The supply of such materials is made on condition that the trader acknowledges these rights.
14. Modification of these General Terms and Conditions of Sale and Delivery
DynaTag AG reserves the right to make changes to this General Terms and Conditions at any time.
15. Place of jurisdiction and applicable law
The contractual relationship is subject to Swiss law.
The place of jurisdiction for both parties is Zurich (Switzerland). DynaTag AG may also sue the customer in front of the courts at its registered office/domicile. For consumer contracts, mandatory legal jurisdictions are reserved.
This document was last published on 06.10. 2020updated.