Marketplace website terms and conditions
Marketplace websites are those that enable users to come together to offer for sale, sell and purchase products. This terms and conditions document has been designed for such marketplaces, providing that the products in question are physical products. The legal rules and practical considerations relating to the sale of physical products are somewhat different to those relating to the sale of services and digital products, and you should not use this document for services marketplaces or digital product marketplaces. Nor should you use this document for auction websites.Ask about this document
Marketplace website terms and conditions contents
- Introduction: document governs website use; consent to website document: implied; consent to website terms and conditions: express; website user minimum age; cookie consent.
- Copyright notice: UCC copyright notice; ownership of rights in website.
- Licence to use website: licence to use website; no downloading; website use: permitted purposes; no modification of website content; limitations on licence to use website; redistributable content; restriction of access to website.
- Acceptable use: acceptable use: prohibitions; veracity of information supplied.
- Use on behalf of organisation: use on behalf of another.
- Buyer registration and accounts: provisions apply to markeplace buyers; buyer Account eligibility (private individuals); buyer account registration process.
- Seller registration and accounts: provisions apply to marketplace sellers; account eligibility (businesses); account eligibility (private individuals); seller account registration process.
- User login details: provision of login details; user ID rules and impersonation; password to be kept confidential; notify on disclosure of password; responsibility for password loss.
- Cancellation and suspension of account: rights of operator over account with paid services; cancellation of website account with paid services by user.
- Seller stores: registered sellers can create stores; how to create a seller store; publication of seller store; website operator rights in relation to seller store; period of publication of seller store.
- Seller listings: registered sellers can create listings; how to create a listing; publication of listings; website operator rights in relation to listings; period of publication of listings; veracity of listings; subject matter of listings; listing categories; keeping listings up to date; listing price currency.
- Product rules: permitted products; no services or intangible products; prohibited products.
- The buying and selling process: contracts between buyers and sellers.
- Terms and conditions of sale: seller must create legal notices; seller legal compliance; contract terms between buyers and sellers; distance selling rules incorporated into contract; compliance with terms and conditions of sale.
- Distance contracts: cancellation right: marketplace distance sales: cancellation right for consumers; marketplace distance sales: cancellation right for products; marketplace distance sales: exercise of cancellation right; marketplace distance sales: return of products upon cancellation; marketplace distance sales: refund upon distance contract for products cancellation; marketplace distance sales: diminished value of product on cancellation; marketplace distance sales: refund method; marketplace distance sales: refund timing for products; marketplace distance sales: products excluded from right of cancellation.
- Marketplace fees: marketplace seller payment amounts; marketplace seller fees; marketplace seller commission; amounts inclusive or exclusive of VAT; variation of fees; variation of commission rates.
- Payments: payment of fees; disputed payments; unjustified charge-backs; unpaid fees: withdrawal of services; right of set off.
- Our role: acknowledgement of website operator role; provision subject to limitations of liability.
- Your content: licence: definition of user content; licence of user content; sub-licensing of user content; right to bring proceedings in respect of user content; waiver of moral rights in user content; user may edit own content; delete etc user content on breach.
- Your content: rules: user content warranty; no unlawful user content; user content rules; civility and user content; hyperlinking and user content; previous complaints and user content.
- Report abuse: request to report abuse; how to report abuse.
- Limited warranties: no warranties for information; right to discontinue website publication; no implied warranties or representations relating to website.
- Limitations and exclusions of liability: caveats to limits of liability (with consumer protection); interpretation of limits of liability; no liablity for free information or services; no liability for force majeure; no liability for business losses; no liability for loss of data or software (with consumer protection); no liability for consequential loss (with consumer protection); no personal liability; liability cap upon services contract.
- Indemnity: indemnity from website users.
- Breaches of these terms and conditions: consequences of breach; non circumvention of measures upon breach.
- Third party websites: third party websites: hyperlinks not recommendations; third party websites: no control or liability.
- Trade marks: website operator's trade marks; third party trade marks on website.
- Variation: document may be revised; variation of website document: unregistered users; variation of website document: registered users.
- Assignment: assignment by first party (with consumer rights); assignment by second party.
- Severability: severability of whole; severability of parts.
- Third party rights: third party rights: benefit; third party rights: exercise of rights.
- Entire agreement: entire agreement - use of website.
- Law and jurisdiction: governing law; jurisdiction.
- Statutory and regulatory disclosures: ecommerce regulations order process information; copy of document not filed; language of document; ecommerce regulations: trade register; ecommerce regulations: authorisation scheme; ecommerce regulations: professionals; ecommerce regulations: code of conduct; value added tax number; link to ODR website; name and URL of ADR provider.
- Our details: website operator name; company registration details; place of business; contact information.
This is a shortened preview of the editor interface; once you create your instance you'll be able to edit the full document in our online editor.
This is a shortened preview of the DOCX output; once you create your instance you'll be able to download the full document in PDF, HTML, RTF and/or DOCX (Microsoft Word) format.