Terms and conditions for a TikTok Shop or Instagram seller

Selling through a social platform means selling under its commerce rules, on camera, with claims made live that regulators can replay. The terms have to sit within the platform's rules, keep the seller as the trader responsible to the customer, deal with returns and refunds through the platform, meet fulfilment deadlines, and keep live-selling claims within what the law allows. I draft those terms for a fixed fee of £995, delivered in five working days.

Who this is for

Businesses selling through TikTok Shop, Instagram, Facebook and similar social commerce features in England and Wales, including live shopping, with products from their own range or from suppliers, and often a website of their own.

What matters in social commerce terms

The platform's commerce rules

Sales through a social platform's shop feature are governed by the platform's seller and buyer terms, which set fulfilment deadlines, return windows, prohibited products and dispute processes, and the seller's own terms operate within them. The terms should say so, and should set the seller's own policies where the platform allows and keep them consistent with consumer law, which applies to the seller as trader regardless of the platform.

Live selling and the claims you make

What is said on a live stream is a description of the goods and a representation to consumers, and the Digital Markets, Competition and Consumers Act 2024 makes misleading practices and false claims directly enforceable, with false urgency a banned practice under paragraph 7 of Schedule 20. The terms should say that products are as described in the listing, that live descriptions are consistent with it, and that offers made live have the conditions stated at the time. Goods must match their description under the Consumer Rights Act 2015, and the recording is the description.

Returns, refunds and the platform's process

Consumers have the fourteen-day cancellation right under regulation 30 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the right to remedies for faulty goods, and platform return windows sit alongside them. The terms should say how returns are made through the platform, that personalised, perishable and sealed hygiene items are excluded where the listing said so, and that the platform's dispute process is engaged first without removing legal rights.

Fulfilment, delivery and stock

Platforms penalise late dispatch, and the terms should say that orders are dispatched within the stated time, that delivery is by the carrier with times as estimates, that goods are at the seller's risk until received, and that stock shown is subject to availability with orders accepted on dispatch. Live sales can outrun stock, and the terms should say that oversold orders are cancelled and refunded.

Disclosures, compliance and your own website

Where creators or affiliates promote products, paid promotion must be disclosed, and the terms should say that the seller requires it. Products must comply with the General Product Safety Regulations 2005 and the product-specific rules that apply to them, and the seller is responsible as the trader and, for imported goods, possibly as the importer. Sales through the seller's own website need its own terms of sale with prices including all mandatory charges, a privacy notice, and no card surcharge, and platform buyer data 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

We said 'only ten left' on a live stream to drive sales. Is that a problem?

If it was untrue, yes: false urgency is a misleading practice enforceable directly under the 2024 Act. Say what is true, and keep the recording.

A buyer wants to return an item outside the platform's return window. Do they have rights?

A consumer's fourteen-day cancellation right and rights for faulty goods apply regardless of the platform's window. The platform's process is where the return is handled, and the terms should say the seller honours the legal rights within it.

Do we need our own terms if we only sell on the platform?

The platform's terms govern the sales, but a business seller still needs to give the information the law requires and to set its policies within the platform. If you also sell through your own website, that needs its own terms.

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 an influencer marketing agency

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.