Contracts

Purchasing for online stores: legal considerations and advice

Online stores that sell their own products purchase them from suppliers — and a good purchasing contract is indispensable in this process. It regulates, among other things, price, delivery times, quality, warranty, and liability, so that you do not have to bear the cost of problems yourself...

Published on January 18, 2022 by MKBjuristen.nl
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Online stores that sell their own products purchase them from suppliers — and a good purchasing contract is indispensable in this process. It regulates, among other things, price, delivery times, quality, warranty, and liability, ensuring that you do not have to bear the costs yourself for problems with the products you resell.

Why a good purchasing contract?

If you resell products, you are responsible to your customers for quality and delivery. If something goes wrong with your supplier, you want to be able to hold them accountable. A watertight purchasing contract or purchasing terms and conditions formalize these agreements and protect your margin and reputation.

The most important agreements

In any case, stipulate: the price and payment terms, the delivery times and what happens in the event of late delivery, the required quality and conformity, warranty and indemnity in the event of defects, and the supplier's liability. Also specify how you handle returns and complaints.

Pay attention to trademarks, IP and origin

If you sell branded products, ensure that you purchase them lawfully and are permitted to resell them to prevent trademark infringement and counterfeiting. Make agreements regarding the use of branded and visual material, and regarding the origin and safety (product safety, CE) of the goods.

Ensure your terms and conditions apply

Declare your purchasing terms and conditions applicable in a timely manner and reject the supplier's terms of sale; otherwise, in a 'battle of forms', their terms may apply. This way, you avoid missing out on precisely the protection you need.

Frequently Asked Questions

Do I need a separate purchasing contract?

For recurring suppliers, it does: it establishes price, delivery, quality, warranty, and liability, and protects you in the event of problems.

Am I liable for defects in purchased products?

As a seller, you are responsible to your customers. With good purchasing agreements, you can recover that damage from your supplier.

Whose terms and conditions apply to purchasing?

Often those of the first referrer. Declare your purchasing terms and conditions applicable in a timely manner and reject those of the supplier.

Want to legally watertight your procurement?

Our legal experts draft your purchasing and general terms and conditions and distribution agreement . View our contract 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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SME Lawyers at the Chamber of Commerce Source: Chamber of Commerce 2019
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