Terms of Use

Welcome to Thingyfy www.thingyfy.com (aka the “Website”), which provides services (collectively, "THINGYFY Services") that are subject to the following terms and conditions.  If you visit, chat, complete forms, place orders, or buy products through the Website, you are accepting these Terms of Use. 

In legalese: This Terms of Use agreement represents the entire and integrated agreement between you and Thingyfy and supersedes all prior negotiations, representations, agreements, either written or oral.

Please review carefully.

1. GENERAL TERMS

1.1 Using the Site

You can browse the Website but will be required to have an account to carry out certain activities on the Website (eg. Obtaining a quote or ordering products). Creating an account is free and the signup process is set out on the Website.  Please note that you are fully responsible and liable for the security of your account password and any/all use or misuse of it. You agree to notify us immediately of any unauthorized use of your account. We do not assume any responsibility, and will not be liable, for any damages arising from or related to your failure to keep your password secure. You cannot transfer or share your account without gaining our permission through express written request.

1.2 Profile and Account Data

All information you provide through the Website, including registration information, payment information and transaction-related information, must be true and accurate. We will rely on the information you provide and will process your data in accordance with the terms of our Privacy Policy (Insert hyperlink), which you should review before submitting any personal information to us. You will be solely responsible and liable for any and all loss, damage, and additional costs that we or any other person may incur as a result of your submission of any false, incorrect or incomplete information, or your failure to update your registration information and payment information as needed. 

1.3 Electronic Communications

When you visit the Website, create or use an account, or send emails to THINGYFY you are communicating electronically with THINGYFY. THINGYFY communicates with customers by email or by posting notices on the web site. For contractual purposes you consent to receive electronic communications from THINGYFY, and agree that all agreements, notices, disclosures, and other electronic communications that THINGYFY provides satisfy any legal requirement that such communications be in writing.

1.4 Age of Majority

THINGYFY does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Website only with involvement of a parent or guardian. THINGYFY reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

2. PRODUCTION QUOTES AND PRICING

2.1 Currency

All quotes are in U.S. dollars (USD).

2.2 Rates & Validity

All quotes are based on current rates for labour, materials and overheads and with the understanding that the goods will be exported out of China. A price quote is valid for 30 days from the date it is given, after which period it will be subject to confirmation by a Thingyfy agent.

2.3 Binding Quotes

A binding quote is provided based on [the 3D CAD model and detailed 2D] drawings. Complimentary quotes may be generated based on dimensional prints, pictures, photos, 3D models or other parts representations, but quote will not be binding until final review of 3D CAD model. Any changes to the model will require an updated quote. We reserve the right to inform you of lead-time changes at placement of order. Quoted lead times reflect rapid tooling completion and T1 sample dates. Molding would require additional lead time. Lead time starts from Design for Manufacturing (DFM) confirmation.

2.4 Materials

Quotes are based on material specification provided or approved by you, including tooling and molding quotation. You are responsible for ensuring that properties and performance of the resin selected meet the requirements of their application. Since dimensional tolerances are highly dependent on the material selected and on the part design, we will not guarantee that a specific tolerance will be met. Tool life is highly dependent on part design and material selection and any tool life estimations provided, either written or oral, are estimations only and may or may not be accurate. Unless negotiated otherwise, tooling life will not be guaranteed.

2.5 Tolerance

All quotes are based on our general tolerances unless drawings with tolerances are supplied. We use ISO DIN 2768 (f) for precision machined, metal parts, and ISO DIN 2768 (m) for machined plastic parts. Vacuum cast parts are produced to a tolerance of 0.15% the nominal dimensions as a general rule. Our tolerances are in line with industry standards.

2.6 Purchase Order

You must issue a hard or soft copy project purchase order to us prior to the start of production. Projects begin on the receipt of final data files. Revisions to data received after a project has begun, may affect pricing and lead time. In the event of design changes after receipt of a purchase order, you agree to pay any additional cost we may incur.

2.7 Expenses

Miscellaneous expenses (such as courier, shipping & handling, special packaging, etc.) are not included in quoted price and may be charged for additionally. You should be prepared to pay all duties and sales, excise, use or other taxes arising in connection with your project (other than taxes based solely on our taxable income). Extra meetings, travel, time spent in travel and vendor liaison other than described in this quotation are at extra cost and will be billed to you at standard hourly rate.

3.PAYMENT

3.1 Currency

All final prices are stated inclusive of all applicable taxes and are in U.S. dollars (USD). In situations where your payments are processed in a different currency, the conversion will be handled by THINGYFY’s payment service provider. You may incur additional fees from your own online payment system.

3.2 Final Price

The price applicable is the price set out next to the product in question on www.thingyfy.com on the date of ordering. While the order details are subject to change, the price will not be final until the order is confirmed. You are responsible for paying all fees and applicable taxes associated with goods you order with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.

3.3 Shopping Cart

Items in your Shopping Cart will always reflect the most recent price displayed on the item’s product detail page. This price may differ from the price shown for the item when you first placed it in your cart. Placing an item in your cart doesn’t reserve the price shown at that time. It is also possible that an item’s price may decrease between the time you place it in your cart and the time you purchase it.

3.4 Payment Options

THINGYFY accepts payment by credit card, debit card, and Paypal. Your credit/debit card will be pre-authorized for payment at the time of ordering. As part of this authorization process, your bank will place a hold on account for the purchase amount of the order. The hold will be removed after a number of days determined by the your banking institution. You will not be charged for the items until the order is confirmed.

3.5 Authenticity

All credit cards must be valid, authentic and you must be authorized to use them.  If a charge is not authorized or accepted, we reserve the right to cancel your order without notice and with no further liability or obligation to you.  We reserve the right to stop accepting credit cards at any time and not to process any transactions we suspect might be fraudulent.

3.6 Protection

Payment submission is based on the SSL standard, which means that your information submitted in connection with the payment transaction is protected by encryption.

3.7 Taxes

Tax charges are based on applicable federal, provincial and harmonized sales tax rates based on the delivery address associated with your order.

You will receive an email confirmation, at the email address provided during check-out, confirming the receipt of the your online payment, order details, and details regarding delivery. Orders for customized objects cannot be cancelled, as these are produced on-demand.

4. ORDER CONFIRMATION

You will receive an email confirmation, at the email address provided during check-out, confirming the receipt of the your online payment, order details, and details regarding delivery. Orders for customized objects cannot be cancelled, as these are produced on-demand.

5. DELIVERY

THINGYFY will ship the ordered goods as soon as possible while shipping times may depend upon the availability of materials in our inventory and production time. Orders can be tracked using your account on or through emails that are sent during the order process. You will be obliged to accept all delivered goods if the goods are without any defects at the time of receiving them. If the customer fails to notify THINGYFY of the insufficiency of the goods within the specified notification period (48 hours), the goods will be deemed to be accepted.

6. QUALITY

If there is any quality problem, due to the characteristics of materials used for the sample/part, you are required to advise us within 48 hours of receiving the sample/part, otherwise it will be deemed that you fully accept the sample or finished goods.
Any defects can be claimed by reporting to a THINGYFY agent within the appropriate period. The right of customers to claim defective goods will expire 48 hours after the arrival of goods.

7. RISK OF LOSS

All items purchased from THINGYFY are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

8. RETURNS, REFUNDS AND TITLE

THINGYFY does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, THINGYFY does not take title to the refunded item.

9.  COPYRIGHT

9.1 Responsibility

We assume no responsibility for the design of the goods that are included in your project. To the extent that Thingyfy recommends design modifications or provides design analysis, simulation or advice, we do so to help meet the requirements of our own manufacturing process.

9.2 Warranty

You retain sole legal responsibility for the design specifications and performance of the goods that are included in your project. We make no representation or warranty, whether express or implied, of any kind whatsoever with respect to any goods or services, including but not limited to any warranty of merchantability, fitness for a particular purpose or non-infringement.

9.3 Materials

Without limiting the generality of the foregoing, Thingyfy assumes no responsibility or liability for the selection of any materials of the goods that are included in your project. You are solely responsible for ensuring that materials selected for goods to be manufactured by us meet any regulatory requirements or specifications. Any statements made by a Thingyfy agent, or specifications provided to you regarding materials, should be verified by you with the manufacturer of that material.

9.4 Damages

In no event shall Thingyfy be liable for any incidental, consequential or punitive damages of any kind, whether for breach of any warranty, for breach or denial of any other term or condition, for negligence, on the basis of strict liability, or otherwise.

10. GOODS AND TOOLING

10.1 Storage

Unless documented otherwise, rapid tooling and goods used to produce your parts will be stored for a period of 18 months following the last order from you. Rapid tooling and goods may be stored for a longer period if requested in writing, however standard storage fees may apply. At the end of 18 months, or extended storage period, or maximum storage life of five years, rapid tooling and goods will be destroyed and disposed of without notice to protect mutual confidentiality.

10.2 Loss/Damage

Unless documented otherwise, Thingyfy shall not be responsible for any loss or damage to your goods and tooling, however caused (including fire, explosion, accident, negligence, error, defective workmanship and any acts or omissions etc.) whether or not caused in fulfillment of contract.

10.3 Risk

Whilst in our possession, or that of the sub-contractor, or in transit, all your goods and tooling are all at your risk in all respects.

11. TERMINATION

11.1 Production Projects

You may terminate the work described in the quote at any time. However, you agree to compensate Thingyfy for all fees and expenses incurred in the performance of the obligations to the state of termination.

11.2 Thingyfy Profile & Account

We may, under certain circumstances and without prior notice, immediately terminate your ability to access the Website or portions thereof. Cause for such termination shall include, but not be limited to breaches or violations of these Terms of Use, discontinuance or material modification to the Website (or any part thereof), unexpected technical, security or legal issues or problems.

12.  RIGHTS & OBLIGATIONS

12.1 The rights and obligations under this contract shall be governed by the laws of [Hong Kong SAR] (without regard to principles of conflict of law). The United Nations Convention on Contracts for the International Sale of Goods does not apply. Any suit, action or other legal proceeding arising out of or relating to the transaction shall be brought in a court of record in [HONG KONG SAR].

12.2 Thingyfy, including its employees, agents and consultants, shall have no obligations or liability to you or any other person or entity for special, incidental, indirect, exemplary, punitive damage, including, but not limited to consequential damages, arising out of or in connection with your use, or inability to use, the product resulting from the work described in the quotation or from our failure to perform under this agreement.

12.3 We shall not be liable for, but not limited to, loss of property, loss of revenue, cost of capital or claims, service interruptions, or any failure to manufacture, deliver or provide, or for any delay in the manufacture, delivery or provision of, any goods to be provided hereunder if such failure or delay is caused by acts of God, fire, storm, strikes, blackouts, labour difficulties, riots, inability to obtain materials, equipment, labor or transportation, governmental restrictions, serious public health nuisance or any similar cause over which Thingyfy has no control.

12.4 The remedies set forth herein are exclusive, and the liability of Thingyfy with respect to the quotation, or anything done in connection there with such as the performance or breach thereof, or from the performance, manufacturer or sale, delivery of any product or service covered by or furnished under this quotation, whether in contract, in tort, under any warrant, or otherwise, shall not exceed the payments received by us and from you for the product or service on which such liability is based.

12.5 This limitation shall apply whether or not you have been advised of the possibility of any other damages. This limitation shall apply notwithstanding any failure of essential or any limited remedy provided herein. Unless negotiated and documented otherwise, late fees, penalty clause, and/or credits will not be levied or taken against Thingyfy.

12.6 You shall defend, indemnify and hold harmless Thingyfy (its employees, consultants and agents) against all claims, liabilities, losses, damages, penalties, fines and sanctions of any kind (including, without limitation, interest, attorneys’ fees and expenses, customs duties, fines, taxes, penalties or any other governmental sanctions of any kind), resulting from or arising out of any breach of any representation, warranty or covenant of you or your affiliates hereunder:
• If you have supplied us with drawings, designs or other specifications for the goods or services, arising out of any assertion that any goods manufactured by Thingyfy (or the act of manufacturing such goods) according to those drawings, designs or other specifications infringe or misappropriate any patent, copyright, trade secret or other proprietary right. You assume responsibility to pursue, assignment, application, other product protection. It is also your responsibility to investigate and ensure that the product does not infringe on other patents or proprietary rights. You assume responsibility to investigate legislation and standards related to the manufacture or use of the subject product;
• Otherwise arising out of or related to this transaction; or it’s specifically understood that you shall indemnify and defend us and hold Thingyfy harmless from claims that we were negligent or otherwise at fault.
If any action, suit or proceeding is commenced, or any claim, demand or assessment asserted against Thingyfy (its employees, representatives or agents) which might result in liability with respect to which a party seeks indemnification, then the party shall notify you promptly of the compromise or settlement. Upon your request and at your expense, we shall cooperate fully in such defense and make available to you all relevant information under our control.
The provisions of this paragraph and your obligations hereunder will survive any termination of this agreement.

13. SPECIFICATIONS, COMMENTS, COMMUNICATIONS & OTHER ONLINE CONTENT

13.1 What You Can Upload

Visitors may upload specifications, designs, materials, post reviews, comments, photos, videos, and other content; send emails and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages.
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead. THINGYFY reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

13.2 What Can Happen To Your Uploads

If you do post content or submit comments, and unless indicated otherwise, you grant THINGYFY a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant THINGYFY and its sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify THINGYFY for all claims resulting from content you supply. THINGYFY has the right but not the obligation to monitor and edit or remove any activity or content. THINGYFY takes no responsibility and assumes no liability for any content posted by you or any third party.

14. Other Things

14.1 Copyright and Trade Mark Information

All content included on the Website, such as text, graphics, logos, is the property of Thingyfy and is protected by international copyright laws. Nothing contained on this Website should be construed as granting any license or right to use this Website or any materials displayed on this Website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Use; or (b) with our prior written permission.  You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website. Without written authorization from THINGYFY, no one may display, use or otherwise dispose of any of the said trademarks in any way. Furthermore, even if any party is entitled to display, use or otherwise dispose of any of the said trademarks, the party may not disclose its right to any other person.

14.2 Intellectual Property Rights

Unless otherwise stated by THINGYFY, all intellectual property rights (including but without limitation to copyright, trademark, patent and trade secret) and related rights in, of, and to all products, technology, software, programs, data and other information (including but without limitation to words, images, pictures, photos, audios, videos, charts, colors, layout and electronic file) within the Website are vested in THINGYFY or its affiliated companies. Without the consent of THINGYFY, no one is permitted to use (including but without limitation to copy, transmit, display, mirror, upload and download) the said information.

14.3 Changes

We may alter, suspend, or discontinue this Website without notice. Goods sold on this Website may be changed at any time and for any reason. The Website may be unavailable from time to time due to maintenance or network malfunction or other reasons.  In addition, these Terms of Use may be amended or updated by us from time to time and the Terms may therefore have changed since your last visit to the Website.  It is your responsibility to review these Terms of Use for any changes.  Your use of the Website after any amendments or updates to these Terms of Use shall signify your acceptance of such revised terms.  You should visit this page periodically to review these Terms of Use.

14.4 Links to Third-Party Websites and Blog Content

This Website may contain links to other websites that are not owned or controlled by us.  We are not responsible for the content of any linked websites.  Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and you are responsible for determining those terms and conditions and complying with them.  The presence on the Website of a link to any other website not operated by us does not imply that we endorse or accept any responsibility for the content or use of such websites.

14.5 Release

Because we do not control third party payment processing companies, you agree that you bear all risk and you agree to release us (and our officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) and organizers and creators or hosts and their designees from claims, demands, and damages (actual and consequential) of every kind and nature, now and in the future, arising out of or in any way connected with your use of the Website.

14.6 Enforcement

If any part of these Terms of Use is unlawful, void, or unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.  Any failure by us to exercise or enforce any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.  No waiver by us of any provision of these Terms of Use shall be deemed to be a further or continuing waiver of such provision or any other provision.  You agree that any cause of action that You may have arising out of or related to this Website or your use of this Website must commence within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.

15. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE THINGYFY SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE THINGYFY SERVICES ARE PROVIDED BY THINGYFY ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THINGYFY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE THINGYFY SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE THINGYFY SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE THINGYFY SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THINGYFY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THINGYFY DOES NOT WARRANT THAT THE THINGYFY SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE THINGYFY SERVICES, THINGYFY'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM THINGYFY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THINGYFY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY THINGYFY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY THINGYFY SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

16. APPLICABLE LAW

By using any THINGYFY Service, you agree that the Law of Republic of China will govern these Terms and Conditions and any dispute of any sort that might arise between you and THINGYFY.

17. SEVERABILITY CLAUSE

We reserve the right to make changes to our site, policies, and these terms and conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

The Last Things…
• Please review our Privacy Policy, which also governs your use of THINGYFY’s Website and Services.
If you have a complaint against us or need any additional information or support in using the Website, please contact us at support@thingyfy.com.