not sure about the "legalities" of it, guessing you mean "according to Etsy".
But what we do in a case like this is create a reserved listing or custom order listing, depending on the particulars of the order. This is the way we do it even if they are one of our art show customers & they contact us through Facebook or by e-mail. This gives them a secure way to pay for the item, rather than giving us their CC info over the phone and we get the bulk shipping rate & ease of creating the shipping label, etc. through Etsy. We have to pay the listing fee & Etsy Fees, but feel an additional sale helps our shop, hopefully they will leave a nice review & we are both protected during the transaction. We pay CC fees either way.
