| Topic | Details |
|---|---|
| About the firm | Hashtag Avocats assists dropshippers at every legal stage: compliance, intellectual property protection, contract drafting, dispute management and international tax. |
| Definition of dropshipping | An online sales model in which the merchant does not hold the products in stock, but sells them and has a third-party supplier ship them directly to the customer. |
| Situations requiring a dropshipping lawyer | - Drafting and negotiating contracts with suppliers - Intellectual property advice to avoid infringement - Compliance with consumer protection regulations - Managing disputes with suppliers or customers - Advice on international tax and VAT |
| Support services | Upstream advice and assistance: choice of structure, regulatory compliance, risk anticipation Contract drafting: negotiation and protective clauses (quality, delivery, returns) Intellectual property protection: trade mark checks and dispute management Terms of sale compliance: adapting commercial practices to comply with regulations Dispute management: amicable or contentious assistance in the event of disagreements International tax: structuring international transactions and compliance with VAT and customs duties |
| Common legal pitfalls | - Trade mark infringement: high risk if the product sold is an imitation - Non-conforming products: liability for defective products - Data protection: GDPR compliance to avoid sanctions - Tax: specific VAT and international tax obligations |
| Why choose Hashtag Avocats | Practice in e-commerce and information technology law Support for e-commerce entrepreneurs Tailored solutions: contracts, dispute management, GDPR compliance, intellectual property protection |
At Hashtag Avocats, we offer personalised legal support to entrepreneurs and businesses engaged in dropshipping. This business model, popular for its flexibility and its ability to reduce storage costs, can also raise complex legal challenges. Our team assists its clients at every legal stage of this activity, whether compliance, contract drafting, intellectual property protection or management of commercial disputes.
We understand the specific features of e-commerce and the risks of selling products without directly managing stock. Our services extend to commercial law, technology law and intellectual property law, offering you complete support to avoid costly legal mistakes and protect your business.
What is dropshipping?
Dropshipping is an online sales model that allows merchants to offer products without physically holding stock. In this system, the merchant acts as an intermediary between the end customer and the supplier, who ships the products directly to the customer. Although this method offers considerable advantages in terms of cost management and flexibility, it also involves many legal challenges:
- Regulatory compliance: consumer protection standards, especially for products bought online, are strict. The dropshipper must make sure its practices comply with national and international laws.
- Intellectual property: reselling imitation products or using visuals copied without authorisation exposes you to trade mark or copyright infringement actions.
- Product quality: as a distance seller, the dropshipper is automatically liable to the consumer for the proper performance of the contract, even when delivery is handled by its supplier (Article L. 221-15 of the French Consumer Code (Code de la consommation) (in French)), and it is answerable for lack of conformity that appears within two years of delivery (Article L. 217-3 of the same Code (in French)).
- Contractual relationship with the supplier: a solid contract with the supplier is needed to ensure delivery that meets customers’ expectations, in particular as regards lead times and product quality.
When should you instruct a dropshipping lawyer?
Drafting and negotiating contracts with suppliers
Drawing up precise, unambiguous contracts with suppliers protects the dropshipper in the event of disputes. Our firm helps you include clauses covering each party’s rights and obligations, in particular regarding quality, delivery times and product conformity.
Intellectual property advice
Our lawyers advise you on avoiding the risk of infringement and of breaching intellectual property rights, such as trade marks and copyright. We also act in infringement disputes in cases of unauthorised use of products or content.
Compliance with commercial regulations
Consumer protection laws are strict, especially for online sales. We make sure your practices meet regulatory requirements, including transparency of the terms of sale and returns, as well as consumer guarantees.
Dispute management
In the event of a conflict with a supplier or a customer, our firm stands by you to find suitable legal solutions, whether amicably or through litigation. We act in particular in commercial disputes, product quality claims and late deliveries.
International trade tax advice
Because dropshipping often involves international transactions, it requires a good understanding of tax obligations. We help you structure your business to meet tax requirements, in particular regarding VAT and customs duties.
How can a dropshipping lawyer assist you?
A lawyer experienced in dropshipping plays a key role in making your business legally sound.
Upstream legal advice and assistance
When you are setting up your business or developing new markets, a dropshipping lawyer provides strategic expertise to establish a solid legal basis. We advise you on the most suitable structure for your business (legal form, contracts, etc.) and make sure your practices comply with local and international standards. We also help you anticipate potential risks and protect your rights proactively.
Drafting contracts with suppliers
The relationship with suppliers is a fundamental aspect of dropshipping. Our firm helps you negotiate and draft contracts covering each party’s responsibilities, including quality, delivery and returns management. We put in place safeguard clauses to protect your interests, such as warranties in the event of non-conforming products, or provisions in the event of a dispute.
Protecting intellectual property
Dropshipping often involves selling other brands’ products. Our firm helps you make sure your business respects third parties’ intellectual property rights, in particular registered trade marks and patents. We also act in disputes involving allegations of infringement or copyright violation.
Compliance with consumer protection regulations
Consumer protection laws are strict, especially for online sales. We make sure your general terms and conditions of sale (CGV) and your returns policy comply with the standards in force. Our aim is to ensure the transparency of your commercial practices and limit the risk of customer complaints.
Dispute management and court representation
In the event of a dispute, whether a disagreement with a supplier or a customer complaint, Hashtag Avocats represents you to defend your interests. We favour amicable and negotiated solutions to avoid long and costly proceedings. However, where necessary, we are ready to take the matter before the competent courts.
International tax and customs obligations advice
Dropshipping frequently involves international operations, which require a thorough understanding of tax obligations in different countries. Our firm helps you structure your transactions in compliance with tax and customs laws, in particular regarding VAT on intra-EU distance sales of goods and on imports.
Dropshipping legal pitfalls to avoid in France
Although dropshipping has many advantages, it also carries common legal pitfalls.
- Trade mark infringement: by reselling products from third-party suppliers, dropshippers may market infringing products. They are then exposed to civil infringement actions and criminal prosecution: holding, offering or selling goods that infringe a trade mark is punishable by three years’ imprisonment and a €300,000 fine (Article L. 716-10 of the French Intellectual Property Code (Code de la propriété intellectuelle) (in French)).
- Non-conforming products: products must meet the quality and safety standards in force in the country of sale. If a product is defective or dangerous, the dropshipper may be held liable to the consumer.
- Customer data protection: as an online activity, dropshipping often involves collecting personal data. Compliance with the GDPR (General Data Protection Regulation) is therefore mandatory; breaches expose you to administrative fines of up to €20 million or 4% of worldwide annual turnover (Article 83 of the GDPR).
- Poorly managed tax: international trade involves specific tax obligations, in particular regarding VAT. Poor management of these obligations can lead to penalties and additional costs.
Why choose Hashtag Avocats for your dropshipping business?
Hashtag Avocats acts in e-commerce law and information technology law. A dropshipping business raises specific questions: informing the customer of the seller’s identity and delivery times, liability for non-conforming products, contracts with suppliers and marketplaces, tax and customs obligations. The firm handles these issues in both advisory work and litigation. Our lawyers are available to answer all your questions and offer solutions suited to your needs.
Contact us about your dropshipping project
Ready to make your business legally sound? Hashtag Avocats provides an experienced and dedicated team to assist you with all your legal steps relating to dropshipping. Whether you need advice, contract negotiation or dispute management, our firm is here for you. Do not hesitate to contact us on 01 85 73 56 66 or visit us at 51 Av. Franklin Delano Roosevelt, 75008 Paris.
Every situation is different: the information on this page is general and does not replace legal advice tailored to your case. The firm makes no promise of outcome; it commits to the means it deploys.
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Further reading
- Hosting, support, maintenance: how to make a SaaS contract legally sound (in French)
- SaaS terms of use and terms of sale: differences and points to watch (in French)
- Intellectual property in a SaaS project: code, database, documentation, deliverables (in French)
- SaaS provider liability: how to manage contractual risk