Terms & Conditions

• Effective Date: February 4, 2025
• Last Updated: February 4, 2025

• 1. Definitions
• "Account": The account created by the Seller to access and use the Services.
• "Confidential Information": All non-public information disclosed by one party to the other, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential.
• "Customer": An end-user who purchases products or services from the Seller through the Platform.
• "Documentation": The user guides, online help, release notes, training materials, and other documentation provided or made available by Shoptsy to the Seller regarding the use or operation of the Services.
• "Order Form": A document executed by both parties that specifies the Services to be provided by Shoptsy to the Seller, including any applicable fees and terms.
• "Platform": The SaaS-based e-commerce solutions offered by Shoptsy, including all related applications, tools, and services.
• "Subscription Plan": The pricing model under which the Seller accesses the Services, covering email and SMS usage fees.
• "Third-Party Services": Services, products, or applications provided by third parties that may be integrated with or used in conjunction with the Platform.
• "Seller": Refers to the individual or business using Shoptsy to create and manage an online store.
• "User": Any individual who accesses or uses the Platform, including Sellers and Customers.
• "GDPR": The General Data Protection Regulation (EU) 2016/679 governing data privacy in the European Economic Area (EEA).
• 2. Eligibility and Account Registration
1. 2.1. Eligibility:
   By using our Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding contract under the laws of your country. If you are registering on behalf of a legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.
2. 2.2. Account Registration:
   • To access and use the Services, you must create an Account by providing accurate and complete information, including your legal name, business name, address, contact details, and any other information requested during the registration process.
   • You agree to keep your Account information up-to-date and accurate at all times.
   • You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You agree to notify us immediately of any unauthorized use of your Account or any other breach of security.
3. 2.3. Account Security:
   • You are solely responsible for implementing and maintaining appropriate security measures to protect your Account, including using strong passwords and restricting access to your devices.
   • We are not liable for any loss or damage arising from your failure to comply with these security obligations.
• 3. Services Provided
1. 3.1. Scope of Services:
   Shoptsy provides a comprehensive SaaS-based e-commerce platform that enables Sellers to:
   • Create, customize, and manage online stores.
   • Integrate with third-party payment gateways for transaction processing.
   • Manage product listings, inventory, and orders.
   • Access marketing and SEO tools to enhance online presence.
   • Utilize analytics and reporting features to monitor store performance.
   • Access customer support tools to manage Customer interactions.
2. 3.2. Service Availability:
   • We strive to ensure that the Platform is available 24/7; however, we do not guarantee uninterrupted access and may experience downtime due to maintenance, technical issues, or other unforeseen circumstances.
   • We reserve the right to modify, suspend, or discontinue any part of the Services at any time with prior notice to you.
3. 3.3. Third-Party Services:
   • The Platform may integrate with Third-Party Services to enhance functionality. Your use of such services is subject to the terms and conditions of the respective third-party providers.
   • We are not responsible for the performance, accuracy, or reliability of any Third-Party Services.
• 4. Subscription Plans and Payments
1. 4.1. Free Store Creation and Maintenance:
   • Shoptsy provides free access to its SaaS-based e-commerce platform, allowing Sellers to create, customize, and manage their online stores without any subscription fees or maintenance costs.
   • There are no hidden charges for hosting, store setup, or basic platform features.
2. 4.2. Charges for Email and SMS Services:
   • Shoptsy only charges for email and SMS services used by Sellers for customer notifications, marketing campaigns, and transactional messages.
   • The pricing for email and SMS services is based on a pay-as-you-go model, with costs depending on the number of messages sent.
   • Detailed pricing for these services is available on the Pricing or can be requested via support@shoptsy.eu
3. 4.3. Payment Terms:
   • Charges for email and SMS services are billed on a prepaid basis. Sellers must maintain sufficient credit in their Shoptsy account to use these services.
   • Payments must be made using the payment methods specified by Shoptsy, such as Paypal, Skrill, or credit/debit cards.
   • In case of insufficient funds, email/SMS services may be temporarily suspended until the Seller adds credit to their account.
4. 4.4. Refunds and Cancellations:
   • As Shoptsy does not charge for store creation or maintenance, no refunds are applicable for platform access.
   • Unused SMS and email credits are non-refundable but remain valid for future use. Account closure does not entitle the Seller to any refunds.
• 5. Acceptable Use Policy
By accessing and using Shoptsy, you agree to abide by the following acceptable use policies to ensure a safe, lawful, and ethical e-commerce environment:
5.1. Compliance with EU Laws and Regulations
Sellers must ensure that their business activities comply with all applicable European Union (EU) laws, including but not limited to:
• General Data Protection Regulation (GDPR) (EU 2016/679) – Protection of customer data and privacy rights.
• E-Commerce Directive (2000/31/EC) – Legal requirements for online selling within the EU.
• Consumer Rights Directive (2011/83/EU) – Transparency in pricing, refunds, and returns.
• Unfair Commercial Practices Directive (2005/29/EC) – Prohibits deceptive marketing and unfair business practices.
• EU VAT Regulations – Sellers must comply with VAT rules applicable to intra-EU transactions.
Sellers must ensure their business operates legally within the countries where they offer products or services.
5.2. Prohibited Activities
Sellers are strictly prohibited from using Shoptsy for any unlawful, unethical, or harmful activities, including but not limited to:
5.2.1. Selling Restricted or Illegal Goods
The following products and services are prohibited from being sold on Shoptsy:
• Counterfeit or pirated goods that infringe on intellectual property rights.
• Drugs, narcotics, and controlled substances (including unlicensed pharmaceuticals).
• Firearms, explosives, or weapons-related products.
• Adult content, escort services, or sexually explicit materials.
• Gambling, lottery, or betting-related services.
• Hate speech, extremist materials, or discriminatory content.
• Products that violate environmental laws (e.g., certain chemicals, endangered wildlife products).
Sellers must ensure their product listings comply with EU product safety and labeling regulations.
5.2.2. Fraudulent or Deceptive Practices
Sellers are prohibited from engaging in fraudulent or unethical activities, including:
• False advertising – Providing misleading product descriptions, pricing, or fake discounts.
• Manipulating customer reviews – Generating fake reviews or ratings.
• Bait-and-switch tactics – Advertising a product that is unavailable and redirecting customers to a different product.
• Scam stores – Setting up stores with no intent to fulfill orders.
• Fake scarcity tactics – Misrepresenting stock levels to pressure customers into purchases.
5.2.3. Spam, Unsolicited Communications, and Marketing Compliance
Shoptsy strictly prohibits Sellers from engaging in spam-related activities, including:
• Sending bulk or automated emails/SMS without obtaining explicit customer consent.
• Cold emailing or mass marketing without opt-in permissions.
• Using misleading subject lines or deceptive email content.
• Violating GDPR marketing requirements – All marketing emails/SMS must provide an unsubscribe option.
Sellers must obtain proper consent before sending marketing communications under GDPR guidelines.
5.2.4. Security Violations and Platform Abuse
Sellers must not misuse Shoptsy’s platform or attempt to compromise security, including:
• Hacking, bypassing, or interfering with Shoptsy’s security features.
• Uploading malware, viruses, or malicious scripts.
• Excessive API requests or web scraping.
• Unauthorized access to customer data or attempting to collect sensitive personal information without consent.
Shoptsy reserves the right to investigate and take legal action for any security breaches.
5.2.5. Intellectual Property and Copyright Compliance
Sellers must respect copyright, trademark, and intellectual property laws, including:
• Ensuring all product images, descriptions, and branding do not infringe on third-party copyrights or trademarks.
• Selling only authentic and legally obtained products.
• Not using another company’s brand name, logo, or proprietary content without authorization.
Shoptsy complies with the EU Intellectual Property Rights Directive (2004/48/EC) and will take action against copyright violations.
5.3. Responsible Business Conduct
To maintain a fair and trustworthy e-commerce ecosystem, Sellers must:
• Ensure product listings are accurate and not misleading
• Clearly display refund and return policies in compliance with EU consumer laws.
• Provide timely customer support and respond to inquiries professionally.
• Deliver orders on time and as described
• Protect customer data and ensure GDPR compliance for data handling.
5.4. Enforcement and Consequences of Violations
Shoptsy reserves the right to take immediate action against any Seller violating this Acceptable Use Policy, including:
• Warning Notices: A written notice will be issued for minor infractions.
• Temporary Account Suspension: Restriction of store activities until compliance is restored.
• Permanent Account Termination: For repeated violations, fraudulent activities, or legal non-compliance.
• Legal Action: Shoptsy reserves the right to report violations to EU regulatory authorities or pursue legal remedies.
5.5. Reporting Violations
If you suspect a Seller or User is violating this Acceptable Use Policy, you may report it to support@shoptsy.eu with relevant details.
5.6 Compliance with GDPR and EU Consumer Protection Laws
• Sellers must comply with the General Data Protection Regulation (GDPR) for handling customer data.
• All transactions must comply with EU consumer protection laws, including refund and return policies.
• Failure to comply with EU e-commerce regulations may result in legal consequences, including fines and penalties.
• 6. Data Protection and GDPR Compliance
At Shoptsy, we take data privacy and protection seriously. As a Seller using our platform, you must comply with the General Data Protection Regulation (GDPR) (EU 2016/679) when handling personal data of your customers. This section outlines your responsibilities under GDPR and how Shoptsy ensures compliance.
6.1. Shoptsy as a Data Processor & Seller as a Data Controller
• When using Shoptsy, you (the Seller) are the Data Controller, and Shoptsy acts as a Data Processor.
• As a Data Controller, you determine the purpose and means of collecting, processing, and storing customer data.
• Shoptsy, as a Data Processor, provides the technical infrastructure but does not use your customer data for any purposes beyond platform operations.
6.2 Seller Responsibilities Under GDPR
As a Data Controller, you must:
• Obtain explicit consent from customers before collecting or processing their personal data (e.g., names, email addresses, phone numbers, payment details).
• Clearly disclose how you collect, use, and store personal data in a Privacy Policy on your store.
• Process personal data lawfully, fairly, and transparently (Article 5, GDPR).
• Allow customers to access, modify, or delete their personal data upon request (Articles 15-17, GDPR).
• Ensure secure handling of personal data and protect it from unauthorized access or breaches.
• Use customer data only for legitimate purposes, such as order fulfillment, customer service, and marketing (with consent).
• Implement opt-out mechanisms in emails/SMS for customers to withdraw consent at any time.
• Ensure that third-party integrations (e.g., payment gateways, shipping providers) are GDPR-compliant.
Failure to comply with these obligations may result in fines under GDPR, up to €20 million or 4% of annual global turnover, whichever is higher.
6.3. Data Processing by Shoptsy
1. 6.3.1. Hosting & Security Measures:
   • Shoptsy stores data on secure servers located in GDPR-compliant data centers.
   • We use encryption, firewalls, and access control measures to prevent unauthorized access.
2. 6.3.2. Data Access & Handling
   • Shoptsy only processes customer data as instructed by the Seller.
   • We do not sell, rent, or share customer data with third parties for marketing purposes.
3. 6.3.3. Data Retention & Deletion
   • Customer data is stored only as long as necessary for business and legal purposes.
   • Upon account deletion, Shoptsy will permanently erase Seller data within 60 days, unless required for legal compliance.
4. 6.3.4. International Data Transfers
   If Shoptsy transfers personal data outside the European Economic Area (EEA), we ensure compliance with GDPR by using:
   • Standard Contractual Clauses (SCCs) for data transfers.
   • Adequate safeguards to protect personal data.
6.4. Seller's Obligations for Email & SMS Marketing Compliance
1. 6.4.1. Explicit Consent for Marketing:
   • Sellers must obtain opt-in consent before sending promotional emails/SMS.
   • Pre-checked boxes or automatic opt-ins are not allowed under GDPR.
2. 6.4.2. Right to Withdraw Consent (Opt-Out):
   • Customers must be able to unsubscribe easily from emails and SMS messages.
   • Sellers must process opt-out requests immediately and without barriers.
3. 6.4.3. Marketing Data Storage:
   • Sellers must not retain marketing data longer than necessary.
   • If a customer withdraws consent, their data must be removed from marketing lists.
   • Failure to comply with GDPR email/SMS marketing rules may lead to regulatory penalties and fines.
6.5. Breach Notification & Security Obligations
Under GDPR, customers have the following rights regarding their personal data:
• Right to Access (Article 15, GDPR) – Customers can request a copy of their personal data.
• Right to Rectification (Article 16, GDPR) – Customers can ask for corrections to inaccurate or incomplete data.
• Right to Erasure ("Right to be Forgotten") (Article 17, GDPR) – Customers can request deletion of their data.
• Right to Restriction (Article 18, GDPR) – Customers can request limitations on how their data is processed.
• Right to Data Portability (Article 20, GDPR) – Customers can request their data in a machine-readable format.
• Right to Object (Article 21, GDPR) – Customers can object to data processing for certain uses (e.g., marketing).
• Sellers must respond to GDPR data requests within 30 days.
• Non-compliance may result in GDPR penalties.
Sellers can use Shoptsy’s built-in GDPR tools to help manage data requests.
6.6. Breach Notification & Security Obligations
1. 6.6.1. Seller’s Responsibility for Security:
   • Sellers must protect customer data and prevent unauthorized access.
   • If a Seller suspects a data breach, they must notify affected customers without undue delay.
2. 6.6.2. Shoptsy’s Role in Data Breaches:
   If Shoptsy detects a platform-wide security breach, we will:
   • Notify Sellers within 72 hours as required by GDPR.
   • Work with authorities to mitigate and investigate the breach.
   • Failure to report data breaches can result in GDPR fines.
6.7. Data Processing Agreement (DPA)
1. 6.7.1. Seller's Obligation to Sign a DPA
   • As per GDPR, Sellers must have a Data Processing Agreement (DPA) in place with Shoptsy.
   • The DPA outlines data security responsibilities between Shoptsy and the Seller.
   • Sellers can request a signed GDPR-compliant DPA by contacting support@shoptsy.eu
2. 6.7.2. Use of Third-Party Processors
   • If Sellers use third-party apps or services, they must ensure those services are GDPR-compliant.
   • Sellers are responsible for ensuring that third-party integrations do not misuse customer data.
6.8 Seller’s Liability for Non-Compliance
Sellers are fully responsible for ensuring GDPR compliance in their stores.
• If a Seller violates GDPR (e.g., mishandles customer data, sends unauthorized marketing emails, or fails to honor deletion requests), they may be reported to EU regulators and subject to fines.
• Shoptsy is not liable for GDPR violations caused by a Seller’s misuse of data.
6.9 Reporting GDPR Concerns
If you have concerns about data privacy, customer data misuse, or GDPR compliance, you may contact:
Email: support@shoptsy.eu
Address: Block A, 15/F Hillier Commercial Building, 65-67 Bonham Strand East, Sheung Wan, Hong Kong
If a dispute arises regarding GDPR compliance, it may be referred to the appropriate Data Protection Authority (DPA) in the Seller’s country.
• 7. Termination and Suspension of Accounts
Shoptsy reserves the right to suspend or terminate Seller accounts under specific conditions to ensure compliance with our policies, legal regulations, and platform integrity.
7.1. Voluntary Termination by Seller
Sellers may close their account at any time by submitting a written request to support@shoptsy.eu
Upon account termination:
• The Seller’s store will be deactivated immediately, making it inaccessible to customers.
• Any remaining prepaid email/SMS credits will not be refunded but will remain available for use until account closure.
• Seller data will be retained for 60 days post-termination, after which it will be permanently deleted unless legally required for compliance (e.g., tax records under EU VAT laws).
7.2. Termination or Suspension by Shoptsy
Shoptsy may suspend or terminate a Seller’s account under the following conditions:
1. 7.2.1. Violation of Terms & Policies
   • Engaging in fraudulent activities, misleading customers, or violating EU consumer laws.
   • Listing prohibited or restricted products (e.g., counterfeit goods, illegal pharmaceuticals, weapons).
   • Excessive customer complaints regarding non-fulfillment, misrepresentation, or failure to process refunds/returns.
2. 7.2.2. Non-Payment for SMS/Email Services
   Shoptsy does not charge for store creation or maintenance, but failure to maintain sufficient prepaid balance for SMS/email services may result in:
   • Temporary suspension of messaging services until the balance is topped up.
   • Account suspension if non-payment persists beyond 30 days.
3. 7.2.3. Security, Data Protection & GDPR Violations
   • Unauthorized data collection, sharing, or selling of customer data in violation of GDPR.
   • Failure to comply with customer rights requests under GDPR (e.g., data deletion, access requests).
   • Unauthorized access, hacking attempts, or exploitation of Shoptsy’s platform security.
4. 7.2.4. Illegal or Harmful Business Practices
   • Engaging in fraud, phishing scams, or deceptive marketing.
   • Using Shoptsy’s SMS/email services for spam, misleading advertising, or unauthorized promotional campaigns.
   • Selling products or services that violate EU business regulations.
7.3 Consequences of Account Termination
If a Seller’s account is suspended or terminated (either voluntarily or by Shoptsy), the following actions will occur:
• The store will be permanently disabled, preventing further transactions.
• Any unused SMS/email credits will be forfeited (non-refundable).
• Seller data will be deleted after 60 days, except where retention is legally required (e.g., VAT compliance).
• If a Seller wishes to reactivate their account within 60 days, they may contact Shoptsy support. Beyond this period, a new account registration will be required.
7.4 Right to Appeal Suspensions
• If a Seller believes their account was wrongfully suspended or terminated, they may submit an appeal to support@shoptsy.eu within 10 business days.
• Shoptsy will review the appeal within 7 business days and provide a response.
• If reinstated, additional security measures, verification steps, or restrictions may be applied to prevent further violations.
7.5 Compliance with EU Consumer Protection and E-commerce Laws
Sellers must adhere to the E-Commerce Directive (2000/31/EC) and EU Consumer Rights Directive (2011/83/EU). Non-compliance may result in:
• Account suspension or termination.
• Fines and penalties under applicable EU laws.
• Reporting to regulatory authorities in the Seller’s country.
• 8. Limitation of Liability
8.1. No Liability for Business Operations
• Shoptsy only provides a SaaS-based e-commerce platform for Sellers to create and manage their online stores.
• We do not control the products or services listed by Sellers, and we are not liable for disputes between Sellers and their Customers, including but not limited to order fulfillment, product quality, pricing, refunds, returns, or delivery issues.
8.2. No Liability for Financial Losses
• Since Shoptsy does not charge for store creation or maintenance, we are not responsible for any business losses Sellers may incur.
• We do not provide guarantees for sales performance, customer acquisition, or revenue generation through the platform.
8.3. No Liability for Third-Party Services
• Shoptsy integrates with third-party services (e.g., payment gateways, SMS/email providers, logistics partners), but we do not control their operations.
• Any service failures, incorrect charges, or disruptions caused by these third-party providers must be resolved directly with them, and Shoptsy bears no liability for their performance.
8.4. Platform Downtime and Technical Issues
• While we strive to provide uninterrupted service, Shoptsy does not guarantee that the platform will always be available or free from errors.
• We are not liable for business disruptions due to server downtime, technical failures, cyberattacks, or system maintenance.
• Any loss of data or transaction failures resulting from such issues shall be limited to reasonable efforts by Shoptsy to restore the service.
8.5. Security and Data Breach Disclaimer
• Shoptsy implements strict security measures to protect Sellers’ data, but no system is 100% secure.
• We cannot be held responsible for damages caused by unauthorized access, hacking, data breaches, or phishing attacks beyond our reasonable control.
• Sellers must take their own security precautions, such as using strong passwords and two-factor authentication (2FA).
8.6. Maximum Liability Cap
• To the maximum extent permitted by law, Shoptsy’s total liability in any case shall be limited to the actual amount paid by the Seller for email and SMS services in the last 3 months.
• If the Seller has not made any payments for email or SMS services, Shoptsy’s liability shall be zero (€0).
8.7. Exclusion of Indirect or Consequential Damages
• Under no circumstances shall Shoptsy be liable for indirect, incidental, punitive, or consequential damages, including but not limited to loss of profits, reputational harm, data loss, business interruption, or customer disputes.
8.8. Force Majeure Clause
• Shoptsy shall not be responsible for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to natural disasters, internet outages, government regulations, cyberattacks, labor strikes, or pandemics.
• 9. Governing Law & Dispute Resolution
9.1. Governing Law
• These Terms & Conditions shall be governed by and interpreted in accordance with the laws of Hong Kong, regardless of conflict of law principles.
• However, if you are a Seller operating within the European Economic Area (EEA), you may also benefit from mandatory consumer protection laws applicable in your country of residence.
9.2. Jurisdiction
• Any disputes, claims, or controversies arising out of or related to these Terms shall be exclusively subject to the courts of Hong Kong.
• If required by EU consumer law, legal actions may also be brought in the competent courts of the Seller’s country within the EEA.
9.3. Dispute Resolution Process
• In case of a dispute between Shoptsy and the Seller, both parties agree to first attempt an amicable resolution by notifying the other party via email at support@shoptsy.eu and engaging in good faith negotiations for at least 30 days.
• If the dispute remains unresolved, it shall be referred to binding arbitration under the rules of the Hong Kong International Arbitration Centre (HKIAC), with the arbitration seat in Hong Kong and conducted in English.
• The arbitration decision shall be final and binding on both parties.
9.4. Alternative Dispute Resolution (ADR) for EU Sellers
• Sellers operating within the EU/EEA may also opt for alternative dispute resolution (ADR) mechanisms as per EU Directive 2013/11/EU.
• If you are an EU-based Seller, you have the right to use the Online Dispute Resolution (ODR) platform provided by the European Commission: https://ec.europa.eu/consumers/odr .
• 10. Modifications and Updates to These Terms
• Shoptsy reserves the right to update or modify these Terms at any time.
• Sellers will be notified via email or a website notification of any material changes.
• Continued use of Shoptsy after the effective date of any updates constitutes acceptance of the revised Terms.
• 11. Contact Information
Email: support@shoptsy.eu
Address: Block A, 15/F Hillier Commercial Building, 65-67 Bonham Strand East, Sheung Wan, Hong Kong
• 12. Acknowledgment and Agreement
By using Shoptsy, you acknowledge and agree that:
• You have read and understood these Terms.
• You accept all responsibilities for compliance with applicable laws.
• You understand that Shoptsy is not responsible for your business operations, disputes, or customer issues.