Legal obligations and practical steps after Expert Tooling v Engie
Learn about fiduciary duties, commission disclosure, and legal compliance after the Expert Tooling v Engie ruling.
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Drop shipping has become a key part of the growth strategy for many UK retailers and online sellers. As demand for speed, choice, and convenience increases, more businesses are turning to supplier-led fulfilment models. Globally, the drop shipping market is on track to exceed USD 1.25 trillion by 2030.
But while the model looks efficient, it creates challenges behind the scenes. You are selling products you do not hold, relying on third parties to deliver, and are still responsible to your customers if anything goes wrong.
In this setup, your contract with the supplier needs to do a lot of heavy lifting. It must protect your business, reputation, and bottom line.
Here is what a typical drop shipping transaction looks like:
That means if stock is unavailable, if items are late, or if personal data is misused, your name and reputation are on the line, even if the mistake was not directly yours.
Your contract with the supplier should reflect the real-world risks associated with this model. We recommend focusing on the following five areas:
You need to know the supplier has the item before your customer buys it. That means stock levels must be accurate and kept up to date.
Make sure your contract covers:
You are taking money from the customer before paying your supplier, so delays or mismatches can cause problems.
Your agreement should address:
Returns are expensive and complicated. You do not want confusion over who pays for what or how long refunds take.
Things to agree on upfront include:
You are sharing customer names, addresses, and contact details with your supplier. You need to confirm it is done safely and legally.
Your contract should confirm:
If the supplier is listing your products online or using your name, you need to protect your brand and how it’s presented.
Cover this by agreeing on:
Before you dig into the details, you can quickly review your agreement by asking the following questions:
If you are unsure about any of these, it may be time to review your contracts with the support of a commercial legal team.
As the industry evolves at such a quick speed, your contracts need to be prepared not only for today, but the future too, or you’ll constantly be updating your contracts, rather than focusing on growing your business.
Returns are costly, both financially and environmentally. Every returned parcel means extra shipping, extra packaging, and lost revenue.
Assure that your contract can protect you from these costs by:
With the development of AI and already an integral part of dropshipping that is automated, passing data to you and your suppliers, data must be accurate and reliable. For this reason, it’s important they cover:
Getting this right helps avoid costly errors, protects your customer experience, and keeps your supply chain running smoothly.
Drop shipping can drive real growth, but only if your contracts are set up to support it. Gaps in supplier agreements can lead to delays, legal risks, and unhappy customers, all of which are avoidable with the right foundations in place.
Now is the time to take a closer look at your contracts and ensure they’re built for today’s market. Review your existing agreements and identify practical steps to strengthen them and make your contract work as hard as your business does.
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Ready to strengthen your contracts? Complete the form below or schedule a free 30-minute consultation with our Commercial & Data Protection experts. We’ll help identify any gaps and suggest practical improvements tailored to your business.
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