Merchant Terms and Conditions
This document explains the terms (“Terms”) which apply when you ask us to display goods and services (“Items”) and other information on a micro-website on our website at www.paymentsense.com (“Microsite”) that we may agree to host for you in order to facilitate the placing of orders for goods and services that you supply by consumers to be collected by the consumers from a location that you designate (a “Collection Order”) or delivered to an address specified by the consumer (a “Delivery Order”), Collection Orders and Delivery Orders being referred to collectively in these Terms as “Orders”.
Please read these Terms carefully before requesting a Microsite and providing information to us to be included on it. By submitting such information to us, you confirm that you accept these Terms. If you have any questions about these Terms or you do not accept these Terms, please contact us at email@example.com before requesting a Microsite.
- Paymentsense Limited (“Paymentsense” or “we”) is a company incorporated in England with company number 06730690, whose registered office is at 401 Westbourne Studios, 242 Acklam Road, London W10 5JJ.
- Paymentsense’s objective is to link providers that have asked us to provide them with a Microsite to consumers who may wish to place an Order. Content that you supply must be accurate and comply with applicable laws in the United Kingdom. You are responsible for the content of your Microsite and Paymentsense is not liable to you for any inaccuracies or omissions. The information that can be included on your Microsite is limited to the fields available for personalisation and those, together with the presentation and style of the Microsite, are determined at Paymentsense’s sole discretion.
- You may request that we update or make changes to your Microsite by emailing us at firstname.lastname@example.org. We will use our reasonable endeavours to make any such updates or changes available on your Microsite promptly, but we cannot guarantee that we will be able to do so.
- When a consumer submits an Order via your Microsite, Paymentsense enables you to become aware of the Order, however you must promptly contact the consumer to accept the Order before it is confirmed, whether or not it has been paid for via the Microsite.
- You are responsible for determining your own operating hours and terms and conditions for the fulfilment of Orders and the provision of Items. You must communicate appropriate details in relation to the Items, together with your terms and conditions, to a consumer in accordance with applicable law.
- Paymentsense will use its reasonable endeavours to promptly notify you when an Order has been placed. Paymentsense will not send a notification to a consumer as to whether or not their Order has been accepted. The contract for the supply of Items is between you and the relevant consumer and only comes into existence when you confirm the Order with the consumer. You must confirm the Items ordered and the total price for an Order to the consumer before the Order is accepted.
- You must confirm an estimated pick-up time for Items with consumers when they place a Collection Order or an estimated delivery time when they place a Delivery Order, as well as giving consumers instructions as to collection, delivery and payment.
- It is your responsibility to comply with all applicable laws concerning the sale and provision of the Items, including ensuring that your Microsite clearly states if an Item intended for consumption contains nuts or other allergens. Paymentsense has no obligation to you or to a consumer with regard to an Order or any Items.
- You must use reasonable care and skill (including in connection with relevant health and safety requirements, the presence of allergens and/or packaging) in relation to Items, an Order or any other goods or services provided to a consumer.
- Consumers have a right to receive goods which comply with their description, which are of satisfactory quality and which comply with any requirements they have agreed with you before they place their Order. If a consumer believes their Items or any other goods or services purchased from you do not comply with those rights, you must deal with their complaint in accordance with your terms and conditions. Paymentsense will not be liable to a consumer in relation to any complaint concerning goods purchased from you or an Order.
- If a consumer requires a refund of any amount paid in respect of an Order, the processing of that refund must be undertaken by you in accordance with your own terms and conditions, whether the payment was made via a Microsite or otherwise, and Paymentsense has no liability in relation to it. You will continue to be liable for refunds and chargebacks in accordance with your merchant services agreement whether or not a payment for Items was made via a Microsite.
- Age restricted products (including alcohol and products containing tobacco) can only be sold to people who are aged 18 or over. You must request identification documentation and refuse to sell any age restricted product to any person who does not look at least 25 years old or appears to be under the influence of alcohol or drugs in accordance with applicable law.
- If you ask us to place an order for flyers or gift vouchers to be printed for you, you acknowledge that we will place the order with a third party printing company but take no responsibility for the content or quality of the flyers or gift vouchers. We will not be responsible for any failure of the flyers or gift vouchers to be delivered to you in accordance with an order, whether in the timeframe estimated by the printing company, or at all.
- If we provide you with a discount code for packaging or any other goods or services to be provided by third parties, this may be used at your sole discretion. Paymentsense does not endorse or recommend any such third parties, nor does it make any assurance as to the quality or fitness for purpose of any such goods or services.
- Everything provided to you in connection with a Microsite or any other goods or services as set out in these Terms is provided “as is”, without any warranty of any kind (either express or implied) including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Paymentsense does not warrant that access to a Microsite or other functionality provided will be uninterrupted or error-free, that defects will be corrected, or that a Microsite, Paymentsense’s website or the server that makes them available will be free of viruses or other harmful components.
- We may change the content of our website or a Microsite at any time in our sole discretion. If we need to, we may suspend access to our website and/or a Microsite or close them indefinitely. If we change the content on, suspend access to, or close your Microsite indefinitely, we will endeavour to notify you but we are under no obligation to do so.
- Paymentsense is not responsible to you for any loss or damage that you suffer as a result of technical problems relating to our website or a Microsite or our failure to use reasonable care and skill in relation to the uploading of information to, or your use of, a Microsite, including in relation to our failure to notify you of a Collection Order in a timely fashion or at all. However, we do not exclude or limit our responsibility to you for loss or damage where it would be unlawful to do so.
- All material and data that you provide to us in connection with a Microsite will be considered non-confidential and non-proprietary and you agree that we have the right to use, copy and disclose to third parties any such material or data for any purpose relating to our business. To the extent that such material or data is protected by intellectual property rights, you grant us a perpetual, worldwide, royalty-free licence to use, copy, modify, distribute and disclose any such material or data to third parties for any purpose relating to our business.
- Paymentsense is the owner or licensee of all intellectual property rights in our website and the material published on it, including on the Microsites. Any of the material on our website and/or a Microsite may be out of date at any given time and we are under no obligation to update it.
- If a court or other authority decides that any part of these Terms is illegal or ineffective, the rest will be unaffected and will remain in force. We may change these Terms from time to time by amending this page. You are expected to check this page from time to time and take notice of any changes we make, as they are binding on you. These Terms are governed by English law and you can only bring legal proceedings in relation to them in the English courts.