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drop shipping - Romain MIRABILE

Legal advice
dropshipping

Dropshipping: a legal framework to secure your e-commerce activities

A sound legal strategy for your dropshipping business ensures that your interests are protected. 

Start your compliance
Dropshipping

What is DROPSHIPPING law?

E-commerce law applicable to drop shipping is a vital branch of commercial law that governs online transactions between companies and consumers. 

This complex area of law covers everything from regulations governing the sale of goods and services online, to obligations relating to personal data protection and consumers' right of withdrawal.

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Ensuring compliance with dropshippng regulations

This constantly evolving sector requires special attention to ensure compliance with national and international regulations, and to ensure fair and secure online sales practices.

Your legal services in e-commerce law

  • Advice: Tailored advice on navigating the legal specifics of e-commerce from an e-commerce lawyer. This includes assistance in setting up online sales contracts, complying with delivery obligations, and managing consumer withdrawal rights.
  • Drafting your documents: My involvement covers the drafting and checking of legal notices, general terms and conditions of sale (GTCS), and privacy policies to ensure their compliance with current legislation. I can also guide you in complying with personal data protection rules and setting up secure payment systems.
  • Defense before the courts and the authorities: I can support you in the event of an inspection of your website ( DDPP or DGCCRF injunction, penalty, etc.).
  • Training and Awareness: I offer training courses for you and your teams on the latest legal developments in e-commerce, enabling you to understand and apply the best online business practices.
Step-by-step analysis

Key steps to compliance for a DROPSHIPPING site

Stage - 1
Initial audit

As an e-commerce lawyer, my first task is to carry out a complete audit of your e-commerce site to assess its compliance with current regulations.

This includes examining legal notices, general terms and conditions of sale (GTCS), personal data protection practices, and order and delivery processing procedures.

Stage - 2
Drafting and updating legal documents

Based on the initial analysis, I draft or update key documents such as T&Cs, privacy and data protection policies, and legal notices, ensuring their compliance with current laws, including the RGPD.

Stage - 3
Optimization of order and payment processes

I assist in structuring order and payment processes to ensure transparency and compliance with consumer rights, including the right of withdrawal, payment terms and delivery deadlines.

Stage - 4
Personal data protection management

In this phase, I guide you in implementing RGPD-compliant practices, including obtaining user consent, managing cookies and trackers, and implementing privacy policies.

Stage - 5
Advice on online advertising and marketing

I advise you on the legal aspects of online advertising and marketing, including email marketing campaigns, targeted advertising, and compliance with the rules on commercial communications.

Stage - 6
Training and Awareness

I offer training courses for you and your teams to help you understand and correctly apply the rules of e-commerce.

Stage - 7
Continuous monitoring and updating

Finally, I offer you ongoing legal monitoring to keep you informed of legislative developments affecting e-commerce. I'll make sure your site remains compliant, and adapt your practices in line with new regulations and market trends.

Your risks

What are the risks of DROPSHIPPING?

E-commerce sanctions are designed to ensure compliance with the rules governing online transactions. They aim to protect consumers, ensure fair and transparent business practices, and maintain confidence in digital commerce. It is therefore essential to be accompanied by an e-commerce lawyer.

Violations of e-commerce regulations can result in a variety of sanctions, including administrative fines, imprisonment and injunctions to correct non-compliant practices.

  • Legal information: Failure to properly inform Internet users via legal information is punishable by 1 year's imprisonment and a €75,000 fine for sole traders, and up to €375,000 for companies.
  • General terms and conditions: Failure to comply with the obligation to display general terms and conditions is punishable by a fine of €3,000 for a sole proprietorship and €15,000 for a company.
  • RGPD: Processing personal data without complying with the RGPD can result in severe penalties, including fines of up to €20 million or 4% of worldwide annual sales, whichever is higher.
  • Failure to provide information on the right of withdrawal: Failure to provide information on the existence of a right of withdrawal can result in an administrative fine of €15,000 for a sole proprietorship and €75,000 for a company.
  • Non-compliance with subscription cancellation rules: Failure to use the electronic cancellation function may result in a fine of €15,000 for individuals and €75,000 for legal entities.

These sanctions underline the importance of compliance with e-commerce regulations to protect consumers and maintain fair and transparent business practices in the digital world.

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Learn more about dropshipping law

The dropshipping is a fast-growing business practice that presents specific legal challenges. As alawyers covering dropshipping issuesissues, our firm offers in-depth expertise to help online merchants ensure their legal compliance and compliance. Whether you are new to the field or looking to optimize your operations, it is crucial to understand the legal implications of dropshipping to avoid risks and maximize your success.

We help you navigate through the complexities of regulatory complexitiesregulatory complexities solid contracts and protect your intellectual property. When you use our services, you benefit from personalized support to secure your business and ensure legal compliance. Our expertise covers all aspects of dropshippingfrom VAT to protection against disputesso you can concentrate on growing your business with complete peace of mind.

 

Understanding dropshipping

How dropshipping works

The dropshipping is an online sales model in which the merchant does not stock the products he sells. When a customer places an order, the merchant buys the product from a supplier who ships it directly to the customer. This model reduces storage and inventory management costs, but also presents challenges, notably in terms of quality control and delivery times.

Advantages and disadvantages of dropshipping

The main advantages of dropshipping include low initial costs, simplified inventory management and the ability to test different products without major financial risk. However, the disadvantages include lower profit margins, dependence on suppliers for quality and delivery times, and customer service challenges.

Legal requirements for dropshippers

In France, dropshippers must comply with the following requirements legal obligations. It is essential to choose the right legal status for your business, whether as an auto-entrepreneur, a société à responsabilité limitée (SARL), or a société par actions simplifiée (SAS). You must also comply with business regulationsincluding consumer protection, general terms and conditions (CGV), and personal data obligations in accordance with the RGPD.

VAT and dropshipping

VAT in France for dropshippers

As a dropshipper in France, you need to understand the rules regarding VAT. Online sales are subject to French VAT if your customers are mainly in France. If you sell to customers in other European Union countries, intra-Community VAT rules apply. You must register for VAT and charge VAT at the rate applicable to the location of your customers.

Tax optimization

To minimize the tax burden, it is essential to adopt appropriate effective strategies. This includes choosing the right VAT regime and rigorously managing your tax returns. Calling on a specialized lawyer can help you optimize your tax situation and avoid costly mistakes.

Understanding and managing VAT correctly is crucial to maintaining compliance and maximizing profits from your dropshipping business.

Securing your business

Contracts and agreements

The drafting of contracts is essential to securing your dropshipping business. The general terms and conditions of sale (GTCS) must be clear and precise, covering aspects such as delivery times, return policies and guarantees. In addition, it's crucial to negotiate solid agreements with your suppliers to guarantee product and service quality.

Intellectual property

Protect your intellectual property is vital to avoid counterfeiting and litigation. Registering your trademarks and patents can protect you against unfair competition. In the event of a dispute, our firm offers you legal assistance to defend your rights and resolve disputes quickly and efficiently.

Get the right support to succeed in dropshipping

Navigating the world of dropshipping requires specialized legal expertise. By calling on our firm, you'll benefit from personalized support to secure your business and ensure your legal compliance. From VAT to drawing up contracts to protecting your intellectual propertywe're here to help you every step of the way.

Contact today to discuss your needs and get tailored advice.

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