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Legal considerations when building your own webshop

If you want to sell online, you can choose a sales platform such as bol.com or build (or have built) your own webshop. Both have legal considerations: with a platform, you are bound by its terms and conditions, with your own shop...

Published on January 24, 2022 by MKBjuristen.nl
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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.

Please note: an article provides general information, but your legal situation may turn out differently.

A contract, conflict, or legal risk must always be assessed based on the facts, documents, evidentiary position, and interests. Are you in doubt? Have your situation assessed before you act.

Legal question regarding this article?

A blog provides explanation, but your situation often requires a concrete legal choice. MKB Juristen helps entrepreneurs with contracts, terms and conditions, GDPR documents, employment documents, disputes, and customized legal solutions.

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