If you operate a sales platform, you have probably asked yourself more than once: what happens when a buyer and a seller enter into a dispute?
Does a marketplace bear responsibility for disputes between them?
The answer is: it depends..
The liability of a marketplace arises from consumer protection laws, civil law, and regulations such as the Digital Services Act (DSA). Digital Services Act (DSA).
1. What determines marketplace liability?
The key factor is the role the platform plays in the transaction.
A marketplace may operate as:
- a technology intermediary,
- a sales organiser,
- a co-seller.
This determines whether the platform:
- only provides a tool,
- actually participates in the sale,
- may be considered a party to the agreement.
2. Marketplace as an intermediary – when is it not liable?
A platform acts as an intermediary when:
- the seller independently publishes the offer,
- sets the price and product description,
- fulfils the order,
- is responsible for the product.
In this model, the marketplace:
- is not responsible for the product,
- is not responsible for complaints,
- is not responsible for disputes between the parties.
Key elements of the intermediary model:
- clear identification of the seller,
- no interference with the content of the offer,
- payment goes to the seller,
- the customer knows who they are entering into an agreement with.
The more “technical” the platform’s role, the lower the risk of liability.
3. When does a marketplace start being liable like a seller?
The platform’s liability increases when it begins to interfere with the transaction.
3.1 Editing and moderating offers
If:
- modifies product descriptions,
- changes images,
- adds content,
it may contribute to creating the offer and become responsible for its content.
3.2 Influence on prices
The risk increases when:
- the platform sets prices,
- the algorithm affects the final price,
- commissions are hidden from customers.
3.3 Logistics and branding
If:
- packages are shipped under the platform’s brand,
- the customer sees the platform as the sender,
this may suggest that the platform is the seller.
3.4 Guarantees and returns “from the platform”
If the platform offers:
- its own guarantees,
- returns regardless of the seller,
- its own guarantees,
it may assume responsibility for the transaction.
3.5 Payments Processed Through the Platform
The risk increases when:
- payments are made to the marketplace's account,
- the seller is not clearly identified to the customer.
4. Where Does the Seller's Responsibility End?
The seller is responsible if they:
- control the product,
- set the price,
- fulfil the delivery,
- are responsible for product quality and handling complaints.
The marketplace may be responsible if it:
- misleads customers,
- hides the seller's identity,
- interferes with the sales process,
- acts as the actual seller.
5. How Can a Marketplace Reduce Risk?
5.1 Clearly Identify the Seller
Each listing should include:
- the seller's name,
- contact details,
- information about liability.
5.2 Consistent Terms and Agreements
The terms and conditions should be consistent with:
- agreements concluded with sellers,
- the platform's actual operating model.
5.3 Limit Interference with Listings
The less the platform interferes with:
- descriptions,
- images,
- prices,
the lower the risk of liability.
5.4 Transparent Logistics and Payment Processes
If the platform participates in:
- deliveries,
- payments,
must clearly indicate its role.
5.5 DSA Procedures
According to Digital Services Act (DSA) The marketplace should provide:
- content reporting system,
- dispute resolution mechanisms,
- transparency of the platform's operation.
5.6 Seller Verification
The marketplace should:
- know who is selling,
- have identifying information,
- control the risk of abuse.
6. Is the marketplace always responsible for disputes?
NO.
Marketplace is not automatically responsible for a dispute if:
- acts as an intermediary,
- clearly indicates the seller,
- does not interfere with sales,
- meets information obligations.
7. Red Flags – When Risks Increase
1. No information about the seller
The customer does not know with whom he is entering into a contract.
2. Conflicting documents
Regulations ≠ agreements ≠ practice.
3. Editing offers via the platform
The platform „improves” sellers’ content.
4. Marketplace Guarantees
Returns and platform protection.
5. No DSA mechanisms
No reporting or dispute procedures.
8. When to consult a marketplace model?
It is worth doing this when:
- you are developing a sales platform,
- you change your business model,
- you scale the marketplace,
- disputes with users arise,
- you are unsure about the role of the platform.
Summary
Marketplace is not always responsible for disputes between sellers and buyers.
The key is:
- how the platform works in practice,
- what does communication with the client look like,
- whether the platform interferes with sales,
- whether it meets DSA and consumer obligations.
The more a platform „pretends to be a seller,” the greater the risk of liability.