Terms and conditions for an eBay business seller

A business selling on a marketplace is a trader with all the obligations of one, on a platform whose rules decide disputes before any court does. The terms have to state the business seller's obligations, explain that an online auction sale to a consumer still carries a cancellation right, describe condition accurately, allocate postage and risk, and use the platform's process without suggesting it replaces the law. I draft those terms for a fixed fee of £995, delivered in five working days.

Who this is for

Business sellers on eBay and similar marketplaces in England and Wales selling new, used and refurbished goods to consumers by auction and fixed price, from a sole trader to a company with a warehouse, often with their own website too.

What matters in marketplace business seller terms

Business seller obligations

A business seller must register and trade as one, display its business identity and contact details, and comply with consumer law, and the terms should say so: goods must be of satisfactory quality, fit for purpose and as described under the Consumer Rights Act 2015, the pre-contract information required by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 must be given, and returns must at least meet the legal minimum whatever the listing says.

Online auctions and the cancellation right

The exclusion from the cancellation right in regulation 28 for public auctions applies only where consumers can attend the auction in person, not to online auctions, so a consumer who wins an online auction from a business seller may cancel within fourteen days of delivery for standard goods. The terms should say so, because most sellers assume the opposite, and should identify the goods that are excluded (personalised, perishable, sealed hygiene items).

Condition descriptions and photographs

Used and refurbished goods are sold as described, and under section 9 of the Consumer Rights Act 2015 satisfactory quality is judged against the description, age and price. The terms should say that condition grades and photographs form the description, that defects described are not faults, and that undisclosed defects are. Accurate descriptions win platform cases as well as legal ones.

Postage, risk, delivery and returns

Goods are at the seller's risk until the consumer receives them, and the terms should say that lost or damaged parcels are replaced or refunded and that the seller claims from the carrier, that delivery times are estimates, and that returns are made to the address given within fourteen days of cancellation with postage paid by the customer where the listing said so before the sale, and by the seller for faulty goods.

The platform's process, fees, and your own website

Disputes are raised through the platform's process and decided under its rules, and the terms should say that the seller engages with it and that the process does not remove the consumer's legal rights or the seller's. Platform fees are the seller's cost. Sales through the seller's own website need the seller's own terms with prices including all mandatory charges under the Digital Markets, Competition and Consumers Act 2024 and a privacy notice; buyer data from the platform is used only to fulfil orders.

What it costs

Customer or supplier terms and conditions, £995. One set of terms, customer-facing or supplier-facing, drafted for your business. Five working days.

Review of your existing terms, £495. You already have terms and want them checked and brought up to date. Returned marked up with my amendments and an explanation of the changes. Three working days.

Email me at geoffrey@caesar.co.uk with what you need and any documents, and I will confirm the scope and the fee in writing, usually the same working day. If you would rather pay straight away, buying online forms the engagement on payment: the scope is what the terms and conditions drafting page describes, you accept the Terms of Service at checkout, and I will be in touch promptly to get started.

What you get

• A full set of bespoke terms drafted for your business, reflecting the legal requirements that apply to your business and sector
• A note in plain English explaining the terms I have drafted for you
• Liability, payment, termination and IP provisions that protect your position and are drafted to withstand scrutiny from the other side
• Guidance on how to incorporate the terms properly
• Your questions and comments answered by email or phone
• One round of amendments to finalise the terms ready for use

What is not included

• Negotiating your terms with individual customers (I am happy to quote for this as an additional service if required)
• Sector-specific regulatory compliance beyond the contract terms themselves
• Website privacy notice and cookie compliance, which I quote separately
• Terms governed by the law of another country
• Tax advice

Questions I am often asked

A buyer won an auction and now wants to cancel. Can they?

If they are a consumer and the goods are standard, yes, within fourteen days of delivery, because an online auction is not a public auction they could attend. The terms should say so; the listing should not say 'no returns'.

A buyer says a used item is faulty. It was described as used with marks. Where do we stand?

If the marks were described and the item works as described, it is as described and the platform case should reflect that. An undisclosed defect is a fault. Photographs and the listing text are your evidence.

The platform found against us in a case we think was wrong. Is that the end?

The platform's decision governs the platform's remedy under its rules. The legal position is separate and the terms should say so, but pursuing a buyer outside the platform for a small sum rarely makes sense.

Related guidance and services

• Terms and conditions drafting, £995, the service this page describes
• Contract review, £495
• Terms and conditions for an Etsy seller
• Terms and conditions for a refurbished electronics seller

This page is general guidance for businesses in England and Wales, not advice on your own circumstances. Last reviewed: September 2026. Email geoffrey@caesar.co.uk.