For Terms of Membership E-marketplace, it means the contract that governs the relationship between the owner of an online marketplace and suppliers that sell products and/or services to users.
The e-marketplace is the virtual place where the demand and supply of goods and/or services meet. The platform owner connects multiple suppliers with users interested in purchasing or booking their products, providing an intermediary service between the parties and any additional services (e.g. logistics services, product promotion, etc.). Unlike a simple e-commerce store, where the owner sells directly to users, the e-marketplace can be considered as an online shopping center that hosts many sellers with their stores.
Our document governs the rights and obligations of the parties, such as the methods of purchase and payment, the obligations of suppliers, the limitations of liability of the owner, exclusivity, etc.
When using the membership conditions for a digital marketplace
The conditions for joining an e-marketplace can be used for the sale or supply of any type of product and/or service. In addition, they can be used to regulate:
- the purchase by the user of products and/or services offered by suppliers, the payment of which is managed directly within the site (eg an online marketplace that brings together several booksellers);
- the reservation by the user of products and/or services offered by suppliers, whose payment is made directly to suppliers outside or within the e-marketplace (e.g. a platform that allows you to book the intervention of IT technicians)
- the publication of advertisements or announcements relating to the offer of products and/or services, the payment of which takes place outside the platform (e.g. an announcement site that connects suppliers and users interested in their products).
The marketplace membership contract is updated to the European regulation 2019/1150 which guarantees fair and transparent treatment of suppliers by platform owners. This regulation provides for information obligations to the owners, such as, for example, the indication of the main parameters that determine the positioning of the products offered and the description of any additional products or services that the e-marketplace offers to complement the products of the suppliers. The owner must also inform if he uses any distribution or affiliation channels to market the products offered by the Supplier.
This document governs the relationship between the owner of the e-marketplace and the suppliers who want to join the platform. However, the characteristic of the e-marketplace is the presence of two other relationships to be regulated:
- The relationship between the suppliers and the end-users interested in the products and/or services offered by providers, governed by the terms and conditions of the supplier (or conditions of sale to third parties of an e-marketplace)
- The relationship between the owner who manages the platform and the end-users, governed by the terms and conditions of the e-marketplace
What does the online marketplace membership conditions template contain?
Our e-marketplace membership conditions meet all legal requirements. The main clauses concern:
- Methods of purchase/booking: to choose the method of purchase and contact between suppliers and users
- Fees: to regulate any fees for joining the e-marketplace platform (fixed amounts and/or commissions)
- Services: to allow you to describe any services offered by the platform owner for free or for a fee
- Payments: to manage payments through the use of an external payment management service that guarantees compliance with the European PSD2 directive
- Contractual variations: to give the possibility to vary the conditions of membership with a 15-day notice and the possibility of the supplier to withdraw from the contract if he does not agree with the changes introduced
- Limitation, suspension or interruption of access to the e-marketplace: to allow the holder to block the supplier’s account in the event of supplier default, by giving prior written notice
- Liability: to exempt or limit the liability of the owner, avoiding any claims for damages
- Duration and termination: to decide whether the contract will end on a specific date, as well as how to withdraw
- Exclusive: To prohibit suppliers from offering their products in other competing e-marketplaces
- Protection of contents and brands: to manage how the contents published on the e-marketplace will be managed (e.g. product descriptions and images, logos, customer reviews, etc.)
- Mediation: to amicably settle disputes between the owner and the supplier by resorting to an online mediation body.
After the purchase, we will guide you step by step through all the subsequent steps necessary for your document to be duly constituted.
Information you need
To complete the document, all the data of the owner are required. Vendor data may be entered from time to time.
The document can be modified free of charge in all its parts without time limits. Don’t worry so if you don’t have all the information available during the interview, you can always enter it later.
- Conditions for online marketplace sellers
- Subscription conditions for the digital marketplace
- Online mediation
- Marketplace brokerage
- B2B e-commerce
- B2C e-Commerce
Other useful templates and facsimiles
- Terms and Conditions of the e-marketplace: to regulate the rights and obligations of users and the owner of the digital platform
- Supplier terms and conditions (or conditions of sale for third party suppliers of an e-marketplace): to govern the online sales relationships between buyer users and third-party sellers/suppliers of a digital marketplace
- Website or App Development Agreement: to entrust the development of software to a supplier