General Terms & Conditions
Effective as of 20 September 2021
These General Terms & Conditions set out how the website offered (the "Site") or the app FYNTS (together "digital assets") can be used.
1. Your Contractual Partner
The contractual partner of this Site and the App FYNTS is:
Management: Alexandra Ageeva-Kieferle
(hereinafter also: "we", "us" and "our(s)").
You can also make complaints or exercise your rights at the above address.
2. These terms and conditions
2.1 Our digital assets, including any associated mobile applications (together: the "Services") are owned and operated by FYNTS GmbH. These Terms and Conditions ("Terms") set forth the terms and conditions under which visitors or users (collectively: "Users" or "You") and retailers and service providers ("Providers") visit or use the Site or App.
2.2 By accessing or using the Services, you agree to be bound by and accept the Terms. If you do not agree to all of the Terms, you may not access our digital assets or use the Services. Please read these Terms carefully before accessing our Digital Assets or using the Services. These Terms tell you who we are, what the permitted uses are, what your cancellation rights are, and what you can do if you have a problem.
2.3 You represent 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.
2.4 The version of the GTC valid at the time of the conclusion of the agreement is authoritative.
3. Description of use
3.1 This website and the app FYNTS are a marketing platform for local retailers and service providers. We offer retailers and service providers a place to showcase their products and services, and for you to search for the best deals in your area or be inspired by the shoppers of other customers. By means of our app you can reserve your favorite products and pick them up for you at the best time ("Click and Collect").
3.2 The use of our website or the app is free of charge for you.
3.3 Fees may be incurred for the use of the App by retailers or service providers. The fees depend on a Subscription Package that a Retailer or Service Provider chooses.
3.4 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 restricted due to repairs, maintenance or upgrades.
3.5 In case of loss of use, we undertake to notify you. Maintenance work must be announced 7 days in advance.
4. Permitted use
4.1 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.
4.2 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 personally identifiable information 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 processes 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.
5. Conclusion of the Contract
Registration in the App will create the legal relationship between you and the App FYNTS.
6. Member account
6.1 In order to access and use certain areas and features of our App, you must first register and create an account ("Member Account"). You must provide accurate and complete information when registering your Member Account.
6.2 If someone other than You accesses Your Member Account and/or Your Settings, they may perform all actions available to You and, for example, make changes to Your Member Account. Therefore, we strongly advise you to keep your Member Account login information safe. Such activities may be deemed to have been done for you and on your behalf, and you alone may be responsible for those activities that occur under your Member Account, whether or not expressly authorized by you, and for all damages, expenses and losses resulting therefrom. You will be liable for activities related to your Member Account in the manner described if you negligently enabled the use of your Member Account by failing to exercise reasonable care in protecting your login credentials.
6.3 You may create and access your Member Account through a designated website or through a third-party platform such as Facebook or Google (the "Social Network Account"). If you sign up through a Third Party Platform Account, you hereby grant us access to certain information about you that is stored in your Social Network Account.
6.4 You may only open an account for another person if you have given us permission to do so.
6.5 We may permanently or temporarily block or suspend your access to the Member Account, without liability to you, to protect us, our App and Services, or other users, for example, if you violate any provision of these Terms or any applicable law or regulation in connection with your use of the App or your Member Account. This may occur without notice if the circumstances require immediate action, in which case we will notify you as soon as possible. In addition, we reserve the right to terminate your Member Account upon two months' notice by email if, for example, we discontinue our Member Account program. You may discontinue use and request deletion of your Member Account at any time by contacting us.
7.1 The FYNTS app serves only as a technical platform. All information coming from the side of the retailer or service provider is under their responsibility.
7.2 Retailers and service providers are free to create their own actions ("sales", advertising campaigns). Individual specifics can be found in the description of the respective campaign.
7.3 Retailers and service providers can adjust or delete their promotions at any time.
7.4 The FYNTS app is not responsible for controlling the execution of the actions of retailers or service providers. In case of a promotion with a retailer or service provider, their terms and conditions will apply.
8. Right of withdrawal
8.1 You have the right to cancel your contract within 14 days without giving any reason.
8.2 The withdrawal period begins on the day after the conclusion of the contract.
8.3 To revoke your contract, you must inform us by means of a clear declaration that you wish to withdraw from the contract.
8.4 You can withdraw from the contract "without any formalities".
8.5 Please send us your revocation by registered mail or email:
8.6 If you revoke this contract, we will refund - without undue delay, but in any case not more than 14 days after receipt of the notification of your revocation - all payments already received from you.
8.7 We will make such refund using the same means of payment that you used for the original transaction, unless you have expressly authorized otherwise; in any case, you will not incur any fees as a result of such refund.
8.8 To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.
8.9 If you revoke this contract, we shall refund all payments we have received from you, including delivery costs, without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
The right of withdrawal does not apply to the following contracts:
Contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
Contracts for the supply of goods that can spoil quickly or whose expiration date would be quickly exceeded.
Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
Contracts for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature.
Contracts for the delivery of alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the contract, but which can be delivered at the earliest 30 days after the conclusion of the contract and the current value of which depends on fluctuations in the market over which the entrepreneur has no influence.
Contracts for the delivery of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
Contracts for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts.
9. Intellectual property rights
Our Services and related content (and any derivative works or enhancements thereof), including without limitation with respect to 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 legal requirements 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.
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.
11. Limitation of Liability
11.1 Generally, retailers and service providers are responsible for the content - product descriptions, promotions, coupons and other information - in the App. Any liability of the app FYNTS for the content of retailers and service providers is therefore excluded.
11.2 We are liable only 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 paid services or sale of products. A "material contractual obligation" means an obligation the performance of 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 a slightly negligent breach of a material contractual obligation is limited to the amount of ordinary and foreseeable damages for that type of contract.
11.3 Our liability under the Product Liability Act or in the event that we have explicitly given a guarantee shall remain unaffected.
11.4 The above provisions 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 directors, officers or other legal representatives, employees and vicarious agents.
12. Modification of the terms and conditions and the 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 any event, during the payment process when you purchase our Services. The new Terms will apply to any new order you place after the effective date of the new Terms. If any ongoing services you use are affected by the changes to the Terms, we will reasonably consider your legitimate interests in doing so. 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 advise you of this in our notice. If you object to the changes, we will have a special right of termination - without further obligation to you - effective on the date the changes take effect.
We may change 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 themselves permanently or temporarily - without cause and without further obligation. We will notify you in advance in a timely manner, if possible under the circumstances, and will give due consideration to your legitimate interests in taking such action.
13. Links to Third Party Sites
Retailers and service providers may provide links to their own homepages from which you may leave the Site. Unless otherwise indicated, 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 provided links to other websites does not mean that we endorse their owners or their content.
14. Applicable Law
14.1 The terms and conditions described herein shall be governed by and construed in accordance with the laws of the Federal Republic of Germany (without regard to its conflict of law provisions). The place of jurisdiction shall be the Munich Local Court.
14.2 Unless expressly provided otherwise, 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 deleted and the remaining Terms shall remain unaffected and in full force and effect.
14.3 If you are a merchant and have your registered office in Germany at the time of the conclusion of the contract, the exclusive place of jurisdiction shall be the registered office of the Seller. Otherwise, the applicable statutory provisions shall apply to the local and international jurisdiction.
15.1 Any waiver by either party of any breach or default under these Conditions shall not constitute a waiver of any preceding or subsequent breach or default.
15.2 The headings used in these Terms are for convenience only and shall have no legal significance.
15.3 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.