Website terms: marketplace sites

The following are terms for websites that connect buyers with sellers. The market could be for any good or service, whether collector items, imported consumer products, or business to business services.

Note that you may need two sets of terms - one for your buyers and one for your sellers.

Templates

Website terms and conditions template: marketplace for goods; seller side

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These are terms between your business and site visitors who use your website as their shop to sell their goods.

It is suitable if your business:

  • connects sellers with buyers - it does not hold stock or fulfil orders
  • provides payment facilities and collects taxes and fees, reimbursing the net sales value
  • provides an advertising service to sellers

The goods could be any tangible product.

These T&C:

  • as far as possible, insulate you from conflict between sellers and buyers
  • include strong legal protection against malicious use of your website and misuse of your intellectual property
  • protect you from problems with the CC(ICAC) Regulations

Use this document for sites such as:

  • a website that is an online shop front for manufacturers, wholesalers or producers where the product descriptions are controlled by the seller
  • a trading site for second-hand goods (for example: books, furniture, computer parts, collectables) where the owner offers an item for sale
  • a site that brings together retailers of different types of goods to offer a one-stop shopping experience to buyers (an online 'department' store where each retailer has a separate concession)

You will an additional set of terms with buyers, such as Marketplace for goods: buyer side.

Website terms and conditions template: marketplace for goods; buyer side

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This terms and conditions template defines the relationship between your business and buyers (either individuals or businesses) who use the market that your website creates.

This document complements terms with sellers, such as those found in Marketplace for goods: seller side.

Website terms and conditions template: marketplace for goods; buyer subscribes for access

This terms and conditions template defines the relationship between your business and visitors (either individuals or businesses) who buy the products sold in the market that your website creates.

However, a buyer must join as a member before he or she is allowed to buy. Joining might require the member to pay a subscription fee to your business, or it might be free to do so.

This document complements terms with sellers, such as those found in Marketplace for goods: seller side.

Use this document for sites such as those that:

  • provide members with access to stock clearance deals
  • require buyers to qualify for, or be approved to access the marketplace (for example, to restrict sales to some particular market segment)

Website terms and conditions template: marketplace for services; buyer subscribes for access

This terms and conditions template defines the relationship between your business and visitors (either individuals or businesses) who buy the services offered on your website.

However, a buyer must join a membership scheme before he or she is allowed to purchase. The member might be required to pay your business a subscription fee, or joining might be free.

This document complements terms with sellers, such as those found in Marketplace for services: seller side.

Use this document for sites such as those that:

  • provide members with access to service providers (for example, tradesmen and professionals), perhaps at a discount
  • require buyers to qualify for, or be approved to buy the services (for example, by geographic location)
  • allow potential buyers to interact with service sellers before purchase

Website terms and conditions template: marketplace for services; seller side

This document sets out the legal and commercial relationship between your business and service providers who use the marketplace that your website creates to reach clients.

It is suitable if your business:

  • allows providers to advertise their services on your site, uploading their own marketing text, images and other content
  • provides a means for buyers to pay providers online, collecting taxes and fees, and reimbursing the service providers the net sales value
  • allows service providers to communicate with you and buyers, for example, to resolve disputes directly

The nature of the services offered is not important: specialist in a particular area such as online marketing; limited by price, such as five pounds; or be tailored to a buyer demographic such as location.

These T&C:

  • as far as possible, insulate you from problems if service providers do not give the service buyers expect
  • include strong legal protection against malicious use of your website and misuse of your intellectual property
  • protect you from problems with the CC(ICAC) Regulations

Your site might operate openly as a market, or it could ostensibly offer reviews where you promote particular services.

You could charge the provider (as provided for in this document) or you could provide your marketplace service for free and take advertising revenue.

You will an additional set of terms with buyers, such as Marketplace for services: buyer side.

Website terms and conditions template: marketplace for goods; accessed through a site or by app; seller side

This document gives you the same terms and conditions for the use of your website as those in our standard Marketplace for goods: seller side agreement.

Additionally, it covers terms of use of the marketplace when your sellers access it through an app on a smartphone or tablet. For example, merchants may be able to manage product listings or check reports.

This document that you create using this template should be placed on your website.

In addition to this document, you are likely to need terms with buyers from your site: Marketplace for goods; accessed through a site or by app; buyer side.

Website terms and conditions template: marketplace for goods; accessed through a site or by app; buyer side

This document is based on our standard Marketplace for goods: buyer side agreement, but includes terms of use of the marketplace for when buyers access it through an app on a smartphone or tablet.

For example, buyers may be able to place and manage an order either through your website, or by using the app.

This document that you create using this template should be placed on your website.

In addition to this document, you are likely to need terms with merchants - Marketplace for goods; accessed through a site or by app; seller side.

Website terms and conditions: marketplace for goods to businesses; seller side

These are terms and conditions for a website that acts as a marketplace, connecting businesses selling physical products with other business buyers.

It is suitable if your business:

  • simply introduces sellers and buyers - it does not hold stock or fulfil orders
  • provides payment facilities and collects taxes and fees, reimbursing the seller the net sales value
  • provides an advertising service to sellers

Your sellers probably use your site because they do not have a facility for taking money online, because they can reach buyers that otherwise they would could not, or because your marketing service is better than they could achieve.

These T&C:

  • are suitable for connecting businesses in local or international markets
  • as far as possible, insulate you from conflict between sellers and buyers
  • include strong legal protection against malicious use of your website and misuse of your intellectual property

Use this document for sites such as ones that:

  • connects manufacturers with wholesalers or retailers in new markets
  • help businesses to recycle used, unwanted equipment by providing a marketplace via a forum
  • list liquidated stock for resale

This document should be paired with complementary terms for buyers such as those found in Marketplace for goods: buyer side.

Website terms and conditions template: marketplace for services; buyer side

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This document sets out the legal and commercial relationship between your business and buyers within the marketplace that your website creates. Buyers could be consumers or other businesses.

It should be paired with complementary terms for sellers.

Website terms and conditions template: marketplace for events; buyer side

These are terms for a website that acts as an intermediary between event goers and event organisers or ticket resellers.

Your business is likely to publish event information, check customer qualifications (such as age) and confer with organisers. You may promote, advertise, or undertake other marketing tasks.

This document serves two main purposes:

  • First it gives you legal protection from potential problems as a result of disputes between the event organiser and the ticket buyer.
  • Secondly, it sets out how your website works to benefit the event organiser or ticket reseller. Standard terms for all ticket sellers allow a buyer to return to your site and buy again from a different seller without the terms or process being noticeably different.

The nature of the event for which the tickets are being sold is not important to the document. Your site could specialise in one type of event or multiple ones. The nature of the events to which the tickets are sold could be as diverse as:

  • sporting events
  • concerts, festivals and live music performances
  • theatre shows
  • consumer exhibitions (such as food exhibitions)
  • business events (such as motivational or training courses)

Note: this template is not suitable if you sell tickets directly yourself. You will need our website terms for a ticketing agency instead or as well as these ones.

Note: you will need an additional set of terms with ticket sellers or event organisers – use Marketplace for services: seller side.

Website terms and conditions template: marketplace for property

These are terms and conditions of use for a website that advertises residential or commercial property for sale or rent, or spare space or holiday accommodation for let.

Your business model may be based on advertising, charging property advertisers or searchers a subscription fee for access, or taking a percentage of the value of the sale or rent.

The template provides an option for you to give members access to tradesmen or professionals with whom you have negotiated a discounted price or other deal.

Note in law: sales of real property are excluded from the Consumer Contracts (ICAC) Regulations, but intermediary businesses like estate agents are not. Neither do the Regulations exclude the application of the Estate Agents Act. This document has been drawn so as to cover most forms of property introduction, but we do not know enough about your business to be able to give a guarantee that this document is completely suitable. Please contact us if you would like more information.

Website terms and conditions template: recruitment site or job listings site

These are terms of use for a website that lists employment vacancies. Jobs may be posted by you, or by third party employers or recruitment agents.

This document provides two sets of terms and conditions: one for your relationship with visitors seeking jobs and the other with employers or agents.

Either or both sides may be abroad. For example, your site might help recruit people in EU member countries into the UK.

The document provides for the possibility that you may offer additional services to either the recruiter or the seeker such as premium job advert placings, CV editing, or advice.

The same terms also cover access from a mobile device such as a smart phone or tablet.

Affiliate terms and conditions template

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These terms form the contract between your business and web marketing partners that you recruit for your in-house network.

They can be easily adapted to suit exactly how your affiliate programme works, no matter what you sell, whether your arrangement is commission on sales, commission on traffic or on another basis, or how large your network is.

This document:

  • protects your business from problems such as false claims of sales, inappropriate use of your content or brand, and disclosure of confidential information
  • provides for different commission rates on different products or services, and a share of commission to second level partners who recruit other affiliates to your programme
  • allows transactions in multiple currencies and countries
  • has options to pay affiliates based on a different metric to sales, such as referred traffic or membership sign-ups

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Marketplace provisions

We define a marketplace site as one where the website operator is an intermediary, providing a platform from which someone else sells goods or services to buyers who come to the site.

Because each marketplace website has its own business model, we provide separate agreements for terms with buyers and sellers. You should therefore buy a pair of documents: one dealing with terms for your sellers and one dealing with terms for the buyers.

Seller side documents vary far less than buyer side documents so we have not provided exact matches. Only you know which of each side best suits your business model. If you need help choosing, please ask.

We offer several options for sale of services because that word covers such a vast range.

We try to avoid you being an agent in law, but rather a publisher. However, the range of services you offer and the fact that you collect payment may well categorise you as an agent. We know of no court cases on this point.

We do our utmost to insulate you from problems between a seller and a buyer. We push seller obligations onto your sellers and direct a buyer to his or her seller, leaving you as clean as possible.

However, as an intermediary, you still have to comply with the CC(ICAC) Regulations. We have covered that of course.

All market place documents cover:

  • a framework of rules as to how a seller places a product or service with you
  • the fact that you do not hold stock
  • e-commerce: prices, your remuneration options, return of goods, taxes
  • your payment options: a commission basis, a transaction fee basis, through advertising, or not at all
  • upload by sellers of their own product pages or product advertisements
  • joint advertising to sellers
  • options for regular sellers (for example, ones that operate their business entirely from your site), and one-off sales

The law in these terms and conditions documents

The law in these T&C is largely common law that deals with the basics of contracts.

Where your end customer is a consumer, i.e. a private individual, you need to comply with the Consumer Contracts (ICAC) 2013 Regulations, the Consumer Rights Act 2015 and Alternative Dispute Regulations 2015.

Where your customer is a business person, our templates allow you to comply with the Sale of Goods Acts (1979 and 1994).

What customers thought
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Website terms and condition documents you offer are extensive and well detailed. I have confidence they cover my business for unforseen legalities and detail the processes stakeholders need to follow when needed.
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