Terminal Purchase Terms

Last updated: 21st of December 2015

In addition to the General Terms and Conditions of SumUp Payments Limited, 32 - 34 Great Marlborough St, W1F 7JB, London, UK the following product-related terms (“Purchase Terms”) shall apply. In case of any conflict between the General Terms and Conditions and these Purchase Terms, the Purchase Terms shall prevail for the purpose of resolving this conflict.

1. Parties

Parties to these Purchase Terms are SumUp Services GmbH („SumUp“), a company with limited liability incorporated in Germany with its registered number HRB 142523 B and with its registered office at Grunerstrasse 13, 10179 Berlin, Germany and the merchant („Merchant“) who is not a consumer (together, „the Parties“).

2. Subject

These Purchase Terms apply to the purchase of any version of our card acceptance devices (“Terminal”) by the Merchant via online purchase order on the SumUp website or within the SumUp mobile application.

3. Commencement of the Agreement

A binding agreement between the Parties only arises when the Merchant has sent the online purchase order and SumUp has received and explicitly confirmed the purchase order. The purchase order will usually be confirmed via email.

4. Delivery

4.1 To enable delivery, SumUp will process and share your data only as required to fulfill this order.

4.2. We will deliver the Terminal within ten (10) working days after confirmation of the purchase order.

4.3. In case delivery takes longer than stated above, the Merchant may contact customer support.

5. Price

5.1. The applicable price for the Terminal is the price indicated on the SumUp website or within the mobile application at the date of the purchase order.

5.2. All prices on the website or within the mobile application exclude VAT unless stated otherwise.

5.3. We reserve the right to change the price for the Terminal at any time.

5.4. The cost of shipping the Terminal to the Merchant is included in the price unless clearly stated otherwise on the SumUp website or within the SumUp mobile application.

6. Property Rights

Upon delivery, the Terminal remains the property of SumUp until the Merchant has paid the full purchase price to SumUp.

7. Payment

7.1. The price for the Terminal must be paid via online card payment on the SumUp website or within the SumUp mobile application.

7.2. 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.

8. Warranty

8.1. SumUp warrants that on delivery and for a period of twelve (12) months from the date of delivery, the Terminal 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 Terminal 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 Terminal 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 Terminal unless evidence shown by the Merchant suggests otherwise.

8.1.3. SumUp shall not be liable to grant any warranty for the Terminal 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 Terminal by the Merchant; and (iii) in case of “NTF” (no trouble found).

8.2. In addition, the legal stipulations shall apply.

9. Customer Support

In case of any technical defects of the Terminal, 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. 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.

12. 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 Terminal the Merchant does not obtain any right to access or use the services of SumUp.

13. Final Provisions

13.1. Other terms, including the terms and conditions of the merchant shall not be applicable; only the General Terms and Conditions of SumUp Payments Limited and these Purchase Terms shall apply.

13.2. Any deviant terms shall be expressed in writing and require the explicit authorisation by SumUp.

13.3. These Purchase Terms shall be governed by and construed under and in accordance with German Law and shall be exempt from the UN Sales Convention.

13.4. The place of general jurisdiction for any legal disputes under these Purchase Terms shall be Berlin, Germany.

13.5. These Purchase Terms have been drafted in both a German and an English version. The English version of these Purchase Terms is for convenience only and is not to be considered legally binding. Only the German version of these Purchase Terms shall be legally binding. The German version of these Purchase Terms can be found here.

14. Contact

SumUp Services GmbH, Grunerstrasse 13, 10179 Berlin, Deutschland VAT ID: DE283785553