Draft, not legally reviewed

This page is a placeholder. The boundary between platform and seller responsibility is the most important part of this document and is being drafted with a UK marketplace solicitor. To ask about a specific clause in the meantime, email legal@prerode.com.

Legal

Selling Agreement

The terms that apply when you list a bike on Prerode, on top of the general Terms of Service. This page is a placeholder. The binding version needs marketplace-specific legal review because the boundary between platform and seller liability is the highest-risk part of the contract stack.

What this document will cover (checklist for review)

Platform role

  • Prerode acts as a classifieds platform. Listings are advertisements between two users, not sales by Prerode.
  • We do not take title to bikes, do not handle payment between buyer and seller, and are not party to the sale contract.
  • If or when we add payment escrow, this section will be rewritten before that ships.

Listing fees

  • Current listing fee (£4.99) and boost fee (£9.99) terms, VAT treatment, refund policy if a listing is removed by us versus removed by the seller.
  • Whether listing fees count as consideration for HMRC reporting purposes (they currently do not, see DAC7 status doc).

Trader vs private seller (DMCC Act 2024, s. 226)

  • Seller must accurately declare whether they are acting as a trader or as a private individual at signup and at listing time.
  • Definition of trader for bike resale (badges of trade, six-bike rolling threshold, intent to resell).
  • Our right to reclassify a seller from private to business based on observed activity, and the appeal route.
  • If declared as a trader: contractual acceptance of Consumer Rights Act 2015 and Consumer Contracts Regulations 2013 obligations.
  • Required trader disclosures on listings (legal name or trading name, geographic address, returns policy).

Seller representations and warranties

  • Seller owns the bike, has the right to sell it, and the bike is not stolen, encumbered, or subject to a finance agreement.
  • Description, photos, and condition are accurate. Material defects are disclosed.
  • Replicas, recalled safety items, and bikes that fail UK road or product safety standards are not listed.
  • Seller will respond to buyer queries in reasonable time and will not engage in off-platform price coordination, fee circumvention, or shill bidding.

Tax obligations

  • Plain-English summary: HMRC trading allowance, chattels relief, when capital gains may apply, when income tax may apply.
  • DAC7 / UK Platform Operator Reporting: when we are required to collect and verify the seller's tax information, what we collect, when we report to HMRC, what happens if the seller does not provide it.
  • Seller's own responsibility to declare income to HMRC where required.

Disputes and chargebacks

  • Seller's direct liability to the buyer for misrepresentation, faulty goods (where trader), or non-delivery.
  • Our role if a dispute is reported: mediation route, evidence we will preserve, and the legal-hold on account deletion until the dispute resolves.
  • Seller's obligation to cooperate with chargeback or Section 75 claims if a future payment route makes that relevant.

Account and listing enforcement

  • Our grounds for removing a listing, suspending an account, or refunding a buyer where we have facilitated a payment.
  • Permanent ban grounds: stolen goods, fraud, repeated scam reports, sanctions screening.
  • Appeals process and how long enforcement records are kept.

Termination and survival

  • How either party ends this agreement.
  • Which clauses survive termination (indemnities, tax retention, dispute defence).
  • Treatment of in-flight sales when an account closes.

General

  • Governing law (England & Wales), jurisdiction, ADR signposting.
  • Changes to this agreement, notice period, deemed acceptance.

Related policies

Questions about selling?

Email sellers@prerode.com.