Effective 31 January 2024
Note: Please print a copy of this document and retain it for future reference.
In addition to the General Terms and Conditions of SumUp Limited, Block 8, Harcourt Centre, Charlotte Way, Dublin 2, Ireland, D02 A9N9, the following product-related terms (“Purchase Terms”) shall apply.
Parties to these Purchase Terms are SumUp Limited, Ireland („SumUp“), a company with limited liability incorporated in Ireland with its company number 505893 and with its registered office at Block 8, Harcourt Centre, Charlotte Way, Dublin 2, Ireland, D02 A9N9, and the merchant („Merchant“) who is not a consumer (together, „the Parties“).
2. Subject matter of the contract and the right of withdrawal
2.1. These Terms and Conditions of Purchase apply to the purchase by the Merchant of any hardware product ("Hardware" or "Goods”), as displayed in our online shop, via an online order on the SumUp website, per quote or within the SumUp mobile application.
2.2. By purchasing the Hardware, you confirm that you are an entrepreneur, freelancer or business owner and that you will use the Hardware for business purposes only. Accordingly, there is no right of withdrawal pursuant to consumer protection laws.
3. Commencement of the Agreement
3.1. The presentation of the Hardware Products in our online shop does not constitute a legally binding offer, but merely an invitation to place orders. By clicking on the “Buy now” button in the last step of the order process, you submit a binding offer for purchase of the goods displayed in the order overview and/or for booking of the services listed in the order overview. Immediately after submitting the order, you will receive an order confirmation, which however does not yet constitute the acceptance of your contract offer. A contract comes into existence between you and us as soon as we accept your order and/ or booking by means of a separate email or dispatch of the goods.
3.2. You will receive the contractual provisions together with the information on the goods ordered and/ or services booked including these Purchase Terms by email or in the dashboard of your account upon acceptance of the contract offer together or together with the notification thereof this.
3.3 You acknowledge and agree that the Goods include the ability to use payment and e-money services provided by licensed financial institutions like us that are subject to strict AML and other regulatory requirements. In this regard, we may request additional information from you before or after delivery of the Hardware, or refuse to deliver a package for regulatory or risk and security reasons, of which we will notify you within a reasonable time after you order the Goods. We will not be liable for any damages arising from our refusal to deliver the ordered Goods to you due to our compliance with regulatory or risk and security requirements. We cannot guarantee and shall not be liable in the event that we are not permitted to deliver the Goods or the Service to certain countries, persons, entities or groups for regulatory, risk or security reasons.
4. Delivery Conditions
4.1. To enable delivery, SumUp will process and share your data only as required to fulfill this order.
4.2. We deliver the goods pursuant to the agreements made. Delivery dates and delivery periods are only binding if they have been confirmed by us in writing.
4.3. If we do not deliver the goods at all or not according to the contract, you have to set a grace period of 4 weeks. Otherwise you are not entitled to withdraw from the contract. In case delivery takes longer than stated above, the Merchant may contact customer support.
4.4. SumUp is not obliged to deliver the goods if we have not received the payment.
4.5. SumUp shall not be held liable for the consequences of late delivery of the Goods.
5.1. The applicable price for the Goods is the price indicated on the SumUp website or within the mobile application at the date of the purchase order or part of the offer (“quote”) made to you.
5.2. All prices on the website or within the mobile application exclude VAT and delivery/ shipping fees unless stated otherwise. VAT and delivery charges including shipping costs will be visible during the order process.
5.3. We reserve the right to change the price for the Goods at any time.
6.1. You must pay the purchase in advance via credit card, bank transfer or any other method of payment specified during the checkout process on the website or online shop, in the quote offered to you or within the SumUp mobile application.
6.2. SumUp will implement and follow the globally recognised PCI-DSS (www.pcisecuritystandards.org) security standards in connection with the procedures, policies and technical architecture for accepting credit card payments.
7. Retention of title
7.1. The goods remain the property of SumUp until the Merchant has paid the full purchase price to SumUp. If you fall behind with your payment more than 10 days after the due date, we reserve the right to withdraw from the contract and to reclaim the goods.
7.2. You are not entitled to resell the goods.
8.1. SumUp warrants that on delivery and for a period of twelve (12) months from the date of delivery, the goods shall be free from any material defects in design, material and workmanship in accordance with the applicable statutory provisions.
8.1.1. In case of any defects of the Goods occurring within three (3) months from the date of delivery, the defects are assumed to have been existent at the time of delivery to the Merchant already.
8.1.2. In case of any defects of the Goods occurring after three (3) months from the date of delivery, the defects are assumed to be attributable to the Merchant’s wrongful treatment of the Goods unless evidence shown by the Merchant suggests otherwise.
8.2. SumUp shall not be liable to grant any warranty for the Goods in the following cases: (i) If the claim is occurring later than twelve (12) months after the date of delivery; (ii) if the defects are due to improper use of the Goodsby the Merchant; and (iii) in case of “NTF” (no trouble found).
9. Customer Support
In case of any technical defects of the Goods, customer support shall be contacted.
10. Liabilities of SumUp
10.1. SumUp and any of its affiliates shall assume liability for any harm caused to life, body and health resulting from a serious violation of their duties in accordance with the applicable statutory provisions.
10.2. SumUp shall also be liable for any other direct harm that results from the deliberate or grossly negligent violation of these Purchase Terms by SumUp or any of its affiliates in accordance with the applicable statutory provisions. SumUp shall not be liable for any indirect harm.
10.3. In addition, the legal stipulations shall apply.
11. Third Party Products
All third party hardware and other products included or sold with the Services are provided solely according to the warranty and other terms specified by the manufacturer, who is solely responsible for service and support for its product. For service, support, or warranty assistance, you should contact the manufacturer directly. SumUp makes no representations or warranties, express or implied, with respect to such third-party products, and expressly disclaims any warranty or condition of merchantability, non-infringement, or fitness for a particular purpose.
12. Force Majeure
SumUp shall be exempt from any obligations under these Purchase Terms if completion of these obligations is hampered due to any circumstances that are outside of SumUp’s control and that could not reasonably have been foreseen.
13. Other Requirements
The full use of the services provided by SumUp Payments Limited as set forth in the SumUp Terms and Conditions is dependent on the completion of the registration of the Merchant with SumUp. By accepting these Purchase Terms and/or by purchasing the Goods the Merchant does not obtain any right to access or use the services of SumUp.
14. Final Provisions
14.1. Other terms, including the terms and conditions of the merchant shall not be applicable; only the General Terms and Conditions of SumUp Limited and these Purchase Terms shall apply.
14.2. Any deviant terms shall be expressed in writing and require the explicit authorisation by SumUp.
14.3. These Purchase Terms shall be governed by and construed under and in accordance with Irish Law and shall be exempt from the UN Sales Convention.
14.4. The place of general jurisdiction for any legal disputes under these Purchase Terms shall be Dublin, Ireland.
Contact SumUp Limited, Block 8, Harcourt Centre, Charlotte Way, Dublin 2, Ireland, D02 A9N9.