Marketplace website terms and conditions

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Special provision needs to be made for the different relationships that can arise from the operation of a marketplace website.

Author: Alasdair Taylor
Updated: 17 March 2021
Length: 20 pages
Notes: 28 pages
Format: MS Word (.DOCX)

This document can be used to create terms and conditions for a marketplace website - that is, a website that enables users to come together to buy and sell physical products.

The document is structured so that the website operator will not be party to the contracts of sale entered into by buyers and sellers, notwithstanding that the operator may process buyers' payments on behalf of sellers.

The terms and conditions include a comprehensive "user content" provision, prohibiting the submission of unlawful and other undesirable content to the website, whether as part of a product listing, product review or otherwise.

Optional provisions are included to cover website functionality that allows sellers to create their own stores within the website space.

The operator of a marketplace website must consider the terms and conditions that apply between buyers and sellers. Even though the operator will not be party to contracts governed by those terms and conditions, they will have an impact upon the success of the website. The approach taken to this issue in this template is to set out some basic provisions covering sales, which may be either minimum standards or fall-back type provisions. However, under this document, it remains the responsibility of sellers (not the website operator) to ensure compliance with the legislation relating to online sales (notably, in the case of sales by businesses to consumers, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013).

The document has been updated to reflect the provisions of the Platform-to-Business (P2B) Regulation affecting SMEs.

These terms and conditions are unsuitable for use in relation to auction websites and websites enabling the sale of services and intangible products (such as downloads), at least without significant alteration.

  1. Introduction
  2. Copyright notice
  3. Permission to use website
  4. Misuse of website
  5. Use on behalf of organisation
  6. Buyer registration and accounts
  7. Seller registration and accounts
  8. User login details
  9. Seller stores
  10. Seller listings
  11. Differentiated treatment
  12. Product rules
  13. Product availability
  14. Data
  15. The buying and selling process
  16. Terms and conditions of sale
  17. Distance contracts: cancellation right
  18. Marketplace fees
  19. Payments
  20. Our role
  21. Our rights to use your content
  22. Rules about your content
  23. Report abuse
  24. Suspension and restriction of services
  25. Limited warranties
  26. Limitations and exclusions of liability
  27. Indemnity
  28. Termination
  29. Third party websites
  30. Trade marks
  31. Variation
  32. Assignment
  33. Severability
  34. Third party rights
  35. Entire agreement
  36. Law and jurisdiction
  37. Statutory and regulatory disclosures
  38. Our details

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