What should I include in my terms and conditions?

A guide to terms and conditions based on your business model

Depending on your business model, Adyen has specific requirements for your terms and conditions. In this guide you’ll find the terms for Direct merchants, AfP Marketplaces, and AfP Platforms.

Terms and conditions requirements for direct merchants

Adyen’s solution for direct merchants is designed for companies which sell and deliver their own goods/services directly to customers/end users.

Adyen’s regulations require that customers enter a contractual relationship with the merchant of record (the direct merchant). The terms and conditions must reflect the conditions of this contract.

The following must be included:

• Company’s legal entity name: Customers must contract with the company selling and providing the goods or the services.
• Description of the product or service you sell.
• Explanation on how the payments occur (for example, instantly or subscriptions).
• Delivery information: Customers need to understand who’s responsible for delivering the product, how long it takes to receive the product, and to which countries/regions the product can be delivered.
• Refund and cancellation policy: In addition to the explanation of refund/cancellation policy, the responsibilities of the company must be clearly outlined. It must include explanations about how customers can receive money back from the merchant, how the customer can initiate a return of the product or the service, and the process of returning the product or the service.
  • Dispute resolution: The merchant must take on the ultimate responsibility of resolving issues for customers. The contact information of the merchant (legal entity name, email address, phone number) must be visible and clearly outlined.
• Mentions of relevant governing law.

Terms and conditions requirements for AfP Marketplaces

The AfP Marketplace setup is designed for merchants that aggregate multiple sellers (sub-merchants) under a single platform. Customers recognize your brand and understand they’re doing business with you, the marketplace, while products and/or services are provided by sellers or third-party partners.

With this setup, Adyen’s regulations require that customers enter a contractual relationship with the merchant of record (the marketplace). The Terms and conditions of the marketplace must clearly outline the responsibilities taken by the marketplace and the responsibilities taken by the sellers.

The following must be included:

• Company’s legal entity name: Customers must enter a contract with the platform, not with the sellers (sub-merchants).
• Description of the product or service you sell: If the platform only operates on the behalf of the customers, this must be explicitly mentioned on the platform’s terms and conditions.
• Explanation on how the payments occur (for example, instantly or subscriptions).
• Delivery information" Customers need to understand who’s responsible for delivering the product, how long it takes to receive the product, and to which countries/regions the product can be delivered. In this setup, the product/service could be delivered by the platform or the sub-merchant/sellers.
• The refund and cancellation policy: In addition to the explanation of refund/cancellation policy, the responsibilities of the marketplace must be clearly outlined in the terms and conditions. The refund and cancellation policy must include explanations about how the customer receives money back from the marketplace platform, how the shopper can initiate a return of the product or the service, and the process of returning the product or service.
  • Dispute resolution: Initial support in the case of a dispute can be provided by the seller (sub-merchant); however, the marketplace must take on the ultimate responsibility of resolving issues between buyers and sellers. Contact information of the marketplace (legal entity name, email address, phone number) must be visible and clearly outlined.
• Mentions of relevant governing law.

Terms and conditions requirements for AfP Platforms

The AfP Platform setup is designed for companies that provide SaaS e-commerce solutions, POS payment solutions, and related products. With this setup, customers typically interact directly with your company’s clients/users (the sub-merchants) and the platform itself remains mostly invisible to the shopper.

With this setup, the sub-merchants’ terms and conditions must be displayed and reflect their direct relationship with the shoppers.

The following must be included:

• Company’s legal entity name: Customers must enter a contract with the company selling and providing the goods or the services.
• Description of the products or services sold.
• Explanation on how the payments occur (for example, instantly or subscriptions).
• Delivery information: Customers need to understand who’s responsible for delivering the product, how long it takes to receive the product, and to which countries/regions the product can be delivered.
• The refund and cancellation policy: In addition to an explanation of refund/cancellation policies, the responsibilities of the platform's sub-merchant must be clearly outlined. It must include explanations about how customers can receive money back from the sub-merchant of the platform, how customers can initiate a return of the product or the service, and the process of returning the product or service.
  • Dispute resolution: The sub-merchant must take the ultimate responsibility of resolving issues for shoppers. The contact information of the sub-merchant (legal entity name, email address, phone number) must be visible and clearly outlined.
• Mentions of relevant governing law.