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).