SumUp E‑commerce Terms

Effective 15/11/2021

Note: Please print a copy of this document and retain it for future reference.

By using SumUp’s e-commerce services as described below ("E-commerce Services"), you agree to be bound by SumUp’s General Terms, these E-commerce Terms, and all other terms and policies applicable to specific Services that you may use. These E-commerce Terms are Additional Terms and, with the General Terms and the Payment Terms, are part of the legal agreement between you and SumUp Payments Limited (“SumUp”, “we”, “us”). Unless otherwise defined herein, capitalised terms have the same meaning as in the General Terms and the Payment Terms. 

1. E-commerce Services

SumUp’s E-commerce Services include SumUp’s e-commerce platforms, as described on our Website and other available e-commerce products and services that enable you to create an online store to sell goods and services to your customers (“Online Store”). You must have an Account with SumUp to use the E-commerce Services, as described in section 1 of the General Terms.

You will be able to accept payments from your customers for your Online Store sales through different Payment Services offered by SumUp. Your access to and use of the Payment Services is governed by the Payment Terms.

We reserve the right to modify, suspend, or terminate the Online Store and E-commerce Services for any reason in accordance with our General Terms, the Payment Terms, or these E-commerce Terms.

2. Themes

As part of our E-commerce Services, we may provide you with design templates for your Online Store ("Themes"), which may be created by SumUp or by third-party authors. If you download a Theme, you are licensed to use it for your Online Store only.

You may use the Themes to alter your Online Store's appearance; however, you may not use the Themes for any purpose not related to your use of the E-commerce Services. Selling Themes to other users of the E-commerce Services or to any third parties is prohibited.

You may be entitled to modify a Theme to suit your Online Store, but you must respect the rights of the Theme’s author. You acknowledge that the intellectual property rights of a Theme remain the property of the author of the Theme. In case of an alleged violation of those rights by you, SumUp may suspend or deactivate your access to the E-commerce Services.

You are solely responsible for the installation of the Theme. We are not liable for lost or overwritten data or any other issue that may result from installing a new Theme.

3. Your responsibilities

You warrant that your use of our E-commerce Services will comply with all applicable laws and regulations, including consumer, e-commerce and related laws. We are not liable for your non-compliance with any laws or regulations, or with your customer policies and terms, and you will hold harmless and indemnify SumUp against any and all loss, cost, damages or liabilities which SumUp may incur or sustain as a result of your non-compliance. We do not warrant, endorse, guarantee, or assume responsibility for goods or services that you may offer on the Online Store or for claims made against you by your customers. 

In particular, you agree that you are solely responsible for the following in connection with your Online Store and use of the E-commerce Services:

  1. fulfilling and delivering all goods and services ordered by your customers;

  2. providing your customers with an adequate return and refund policy in compliance with applicable laws;

  3. handling all complaints, inquiries, comments, and claims related to goods and services you offer;

  4. fulfilling your tax obligations related to the sale of goods and services, and where necessary notifying your customers of applicable taxes; and

  5. providing your customers with a complete and accurate description of the goods or services offered, customer service contact, address, delivery policy, customer data protection policy and all other legally required information to be provided to customers in the relevant jurisdiction.

You may not reproduce, duplicate, copy, sell, resell or exploit any portion of the E-commerce Services, or use or access to the E-commerce Services, without express written permission from us.

4. Restrictions

You must comply with all restrictions imposed by our General Terms and Payments Terms in relation to your use of the E-commerce Services. You further agree not to use our E-commerce Services to offer goods or services that are (a) illegal or potentially illegal (including counterfeited, stolen, or fraudulent ones) or (b) not compliant with all applicable laws or regulations, including without limitation consumer protection laws, product safety laws, intellectual property laws, and trade regulations and export controls.

SumUp may at its sole discretion decide whether your use of the E-commerce Services violates any restrictions imposed under the General Terms, the Payment Terms, or these E-commerce Terms. We retain the right to suspend or terminate your Account and/or Online Store if we determine, or reasonably suspect, that a violation has occurred.

5. Personal data processing

In order to provide you with the E-commerce Services under the E-commerce Terms, SumUp processes personal data of end-customers of E-commerce Services. This Data Protection Agreement (“E-commerce DPA”) regulates the processing of personal data on the basis, for the purposes and within the term of validity of provision of SumUp’s E-commerce Services or associated services under the E-commerce Terms. The E-Commerce DPA forms an integral part of, and is subject to, the provisions of these E-commerce Terms.

6. Our liability 

In addition to what is stated elsewhere in the General Terms and these E-commerce Terms, SumUp has no obligation to prevent and bears no liability for any service failure, fraud or loss associated with the Online Store. SumUp makes no warranties, express or implied, with respect to the Online Store and disclaims any warranty to the fullest extent possible. You release SumUp (and its affiliates, officers, directors, employees and agents) from any and all claims connected with any disputes with customers related to the purchases through the Online Store, or your non-compliance with any applicable regulatory requirements.

7. Fees

For use of the E-commerce Services, you agree to pay the Fees and any applicable taxes as set forth on our Website and/or in your Account settings or as otherwise agreed in writing as and when due in accordance with the General Terms and the Payment Terms.

8. Cancellation or Termination

You may cancel your use of the E-commerce Services at any time through your Account settings, and your Online Store will be taken offline, if applicable. 

In addition to what is stated elsewhere in the General Terms and these E-commerce Terms, we may terminate these E-commerce Terms or close your Online Store without prior notice to you if we determine that (a) your Online Store or the products and/or services you offer for sale constitutes an activity listed as a Restricted Business on our Website or (b) your activities or actions are damaging or may damage our image or reputation or the image or reputation of a Network or Acquiring Partner.