Summary
- A contract with a customer under 18 is generally unenforceable, so you cannot rely on the sale if a dispute arises.
- Selling age-restricted goods, such as alcohol, knives, fireworks and lottery tickets, to under-18s is a criminal offence.
- Tick boxes, date-of-birth prompts and card payments do not count as reasonable age checks, so you need reliable age verification.
- This guide explains selling to minors online for businesses in England and Wales.
- LegalVision’s business lawyers specialise in advising clients on e-commerce and consumer law.
Tips for Businesses
Add terms stating only over-18s can buy. For age-restricted goods, verify age with ID checks on delivery, click-and-collect ID checks, or age verification software, never a tick box. Keep transaction records, train fulfilment staff, and avoid marketing restricted products to children.
An online business in the UK can sell to minors, but two rules limit what that sale is worth and whether it is legal. A contract with a person under 18 is generally unenforceable, so you cannot rely on it if a dispute arises. Selling age-restricted goods, such as alcohol, knives, fireworks, vapes and lottery tickets, to someone under the minimum age is a criminal offence. Trading Standards enforces these rules, and asking a customer to tick a box or give a date of birth does not count as reasonable age verification. You need a system that checks age reliably. This article explains what you need to know about selling to minors.
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Selling Goods Online
When a customer buys something from your online store, you form a contract with them. For that contract to bind both sides legally, a few things need to happen:
- you make an offer, for example listing a product on your website;
- the customer accepts that offer, usually by placing an order;
- both sides exchange something of value, so the customer pays and you supply the goods;
- both sides intend the agreement to be legally binding; and
- both sides are legally capable of entering into a contract.
That last point is where selling to minors gets difficult. Under the law in England and Wales, a person under 18 is not legally capable of entering into a contract. So if a minor buys something from your online business, the contract is generally not enforceable.
If what you sell does not fall into one of these categories, any goods you sell to minors are sold at your own risk. For that reason, include a clause in your website terms and conditions stating that only adults over 18 can use your site and buy from you.
If you are happy for under-18s to browse your site, for example if you sell children’s toys, your terms should state that minors may only use the website with the permission and supervision of a parent or guardian.
Age-Restricted Goods
Even if you are happy to sell to minors in some conditions, some underage sales in England and Wales are illegal. You must have systems in place so that people under 18 cannot buy particular age-restricted goods. Examples include:
- fireworks and sparklers;
- alcohol;
- knives and other bladed articles;
- Botox and cosmetic fillers;
- lottery tickets;
- nicotine inhaling products;
- tobacco products, including cigarette papers; and
- age-classified video games, DVDs and Blu-rays. For example, you must be 12 or over to buy a DVD classified 12, 15 or over for a 15 classification, and 18 or over for an 18 classification.
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Precautions to Avoid Selling Age-Restricted Goods to Minors
You must take reasonable steps to make sure you do not sell an age-restricted product to someone under the relevant age. It is not enough to rely on the customer telling you they are over the minimum age, or asking them for their date of birth.
Instead, think about how you can verify your customer’s identity. You could work with your delivery drivers so the person who ordered the goods must show ID before receiving them. You could use online age verification software, which checks age against sources such as the electoral register and credit reference agencies. Another option is to let people buy online but collect in store, where you can refuse to hand over the goods unless the customer shows ID proving their age.
Practical Compliance and Risk Management
Beyond the legal rules, a few practical habits protect your business if an underage sale is ever challenged.
| Practical habit | What it involves |
| Keep transaction records | Record every transaction, including timestamps, delivery confirmations and any age verification checks. If a dispute arises, these records help show you took reasonable steps to prevent selling age-restricted goods to minors. |
| Train your team | Staff in order processing, customer service or fulfilment should understand the rules on selling to minors. Even in a fully online setup, they should know how to spot a suspicious order and what to do when a customer appears to be underage. |
| Design the site responsibly | Avoid marketing age-restricted products in a way that appeals to children, use clear product descriptions, and show visible age restriction warnings at key points in the buying journey. |
| Review regularly | Laws, technology and customer expectations change. Review your terms, systems and age verification processes so a process that worked before does not fall short. |
What Happens If You Sell Age-Restricted Goods to a Minor
Selling an age-restricted product to someone under the minimum age is a criminal offence, not just a compliance failure. Trading Standards enforces the rules and runs test purchases using underage volunteers, online as well as in store. If your business fails one, you can face prosecution.
Penalties depend on the product and the offence. For most age-restricted goods, a conviction can bring an unlimited fine. Selling a knife or bladed article to someone under 18 can also carry a prison sentence. The business can be prosecuted, and in some cases a named director or manager can be too.
A conviction is not the only cost. It creates a public record, can trigger the loss of a licence where one applies, and damages customer trust that took years to build.
The defence available in most cases is that you took all reasonable steps to avoid the sale. That is why your verification system, staff training and record keeping matter. If you can show a court that you checked age properly and kept the evidence, you are in a far stronger position.
Key Takeaways
Selling to minors online in England and Wales raises two main risks. First, a contract with someone under 18 is generally not enforceable, so if something goes wrong you cannot rely on it as a valid sale. Second, it is illegal to sell age-restricted goods such as alcohol, tobacco and age-restricted video games to under-18s, so you need effective age verification to prevent underage purchases.
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Frequently Asked Questions
Can I sell lottery tickets to someone under 18 online?
No. Lottery tickets are age-restricted, and selling them to under-18s in England and Wales is illegal. You need effective age verification to prevent underage purchases, not a tick box or a date-of-birth prompt.
Does paying by debit card prove a customer is over 18?
No. People under 18 can hold debit or prepaid cards, so card payment does not confirm age. Use reliable verification instead, such as ID checks on delivery or online age verification software.
What records should I keep to protect my business from underage sale disputes?
Keep clear records of every transaction, including timestamps, delivery confirmations and any age verification checks. These help show you took reasonable steps to prevent selling age-restricted goods to minors if a sale is challenged.
Can minors legally buy children’s toys from my online store?
Contracts with under-18s are generally unenforceable unless the goods are necessities. Include terms stating only adults may buy, and that minors may only browse with a parent or guardian’s permission and supervision.
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