MKB Juristen drafts custom legal documents
It is best not to cobble together or copy important contracts, terms and conditions, and other legal documents yourself. We help entrepreneurs on a budget with customized legal solutions, clear costs upfront, and practical explanations.
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If you want to sell online, you can choose a sales platform such as bol.com or build your own webshop (or have one built). Both have legal considerations: with a platform, you are bound by its terms and conditions, whereas with your own shop, you arrange the construction agreements, ownership of the design, and compliance with regulations yourself.
Selling via an existing platform
Through a platform, you benefit from brand recognition and a functioning infrastructure, but you are bound by the platform's terms and conditions regarding commission, rankings, returns, and termination. Moreover, you make yourself dependent on a single party. Read those terms and conditions carefully; they strongly determine your room for maneuver.
Have your own webshop built
If you are building your own shop or having one built, specify in a contract what you are receiving, at what price, and with what delivery and maintenance. Crucial: agree that the intellectual property rights to the design and code (or a broad right of use) will reside with you, so that you are not tied to your builder.
The webshop itself is legally in order
Your own webshop must comply with the rules for distance selling: the duty to provide information, the right of withdrawal, clear pricing, good general terms and conditions, and a privacy statement with correct cookies. That responsibility lies entirely with you.
Which choice fits?
A platform is fast and well-known, but limited and dependent. Your own shop offers freedom and ownership, but requires more administrative work. Many entrepreneurs combine both. Base your choice on your products, margin, and growth plans.
Frequently Asked Questions
Do I get the rights to my webshop if I have it built?
Only if you agree to do so. Stipulate in the contract that the intellectual property rights or a broad right of use rest with you, so that you are not tied to the builder.
What requirements must my own webshop meet?
Regarding the rules for distance selling: duty to inform, right of withdrawal, price transparency, general terms and conditions, and privacy.
Is a platform or your own shop better?
That depends on your situation. A platform is fast but dependent; your own shop offers freedom but requires more administrative work.
Setting up your webshop legally sound?
Our legal experts handle construction agreements and IP, and perform a legal scan of your webshop with general terms and conditions. View our IP lawteam or schedule a free consultation.