Terms and conditions for a vintage and second-hand clothing seller

A vintage seller sells one of everything, each with a history the description has to capture and flaws the customer may find. Consumer law applies to used goods as it does to new ones, judged against the description, so the terms have to make the description do the work: condition, measurements, marks and age, with returns and authenticity dealt with accurately. I draft those terms for a fixed fee of £995, delivered in five working days.

Who this is for

Vintage, pre-loved and second-hand clothing and accessories businesses in England and Wales selling to consumers through their own website and social channels, sourcing stock from individuals, wholesalers and auctions.

What matters in vintage clothing terms

Condition descriptions and what consumer law expects

Under section 9 of the Consumer Rights Act 2015 goods must be of satisfactory quality and as described, and for second-hand goods quality is judged against the description, the age and the price. The terms should say that every item is sold as described with its stated condition grade, that marks, repairs and wear described in the listing are not faults, and that photographs form part of the description. A flaw that was disclosed cannot be complained of; one that was not can.

Measurements, sizes and fit

Vintage sizing is unreliable, and the terms should say that garments are sold by the measurements given in the listing, that labelled sizes are historical and not a guide to fit, and that a garment matching its listed measurements is not faulty because it does not fit. Telling customers how to measure themselves reduces the returns that follow.

Returns on one-off items

A consumer buying online may cancel within fourteen days of receipt under regulation 30 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, and second-hand goods are not excluded from that right. The terms should describe how to cancel, that items are returned within fourteen days in the condition sent, that the refund may be reduced where an item has been worn or damaged beyond trying on, and who pays return postage. A seller cannot mark listings as non-returnable to defeat the right.

Authenticity, brands and provenance

Where designer or branded items are sold, the terms should say what the seller has done to verify authenticity, that the seller does not guarantee authenticity beyond that unless a stated authentication is provided, and that an item that proves not to be authentic is refunded on return; selling counterfeit branded goods is a criminal offence under section 92 of the Trade Marks Act 1994 whether or not the seller knew, which is why the verification process matters. The seller must not describe items in a way that misleads, which the Digital Markets, Competition and Consumers Act 2024 enforces directly.

Sourcing, hygiene, prices and data

Items are cleaned as described before sale, and the terms should say so and note that vintage textiles may carry odours or fragility consistent with their age. Prices shown must include all mandatory charges, with delivery shown before checkout and no card surcharge. Where stock is bought from individuals, that is the seller's own supply arrangement, not the customer's concern, but the seller should keep records. The privacy notice governs customer data and marketing consent.

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.

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 email you within four working hours to get started. If you would rather ask something first, email me.

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 customer says a vintage coat is faulty because of a repair we described in the listing. Do they have a claim?

Not for the repair, if it was clearly described and shown, because the goods conform to their description. They may still cancel within fourteen days and return the coat for a refund, which the terms should explain is different from a fault claim.

Can we say 'no returns on vintage'?

The fourteen-day cancellation right applies to used goods bought online, so that wording is not available. The terms can require items to be returned in the condition sent and allow a deduction for wear beyond trying on, which is the protection available.

A customer claims a designer bag we sold is fake. What happens?

The terms should say what authentication was done and that an item shown not to be authentic is refunded on return. Ask for the evidence, examine the item, and refund if it is not what was described.

Related guidance and services

• Terms and conditions drafting, £995, the service this page describes
• Contract review, £495
• Terms and conditions for a clothing brand selling online

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.