We support our clients in developing and setting up their distribution networks (franchises, own shops, single or multi-brand retailers, corner shops, airport shops, factory outlets…), taking into account the specificities of their respective sectors (clothing, footwear, leather goods, jewelry, sporting goods, press…) and their expansion plans, whether regional, national or international.
We offer a comprehensive approach that includes the negotiation and finalization of commercial leases, the employment of salespeople and other demonstration staff, the advertising at the point of sale and beyond (price advertising, presentation of items, promotions, sales…), premises security, etc.
Our practice focuses in particular on the establishment and management of distribution networks. We assist our clients in negotiating and finalizing their distributor and franchise agreements, both in terms of pre-contractual information and in the “life phase” of the distribution networks.
Our intervention may unfortunately also be necessary when disputes arise, whether with a franchisee, an independent trader, a landlord, an employee, a neighbor, a public authority such as the French General Directorate for Competition Policy, Consumer Affairs and Fraud Control (DGCCRF, Direction générale de la concurrence, de la consommation et de la répression des fraudes) (regulation of sales, product presentation, etc.).
Our lawyers have a long practice of advising on mail order issues, both in civil law and with regard to consumer protection and all special laws applicable to certain regulated products/services (medicines, online games, etc.). We will fully assist you in all matters concerning the sale of products and services by electronic means to any clientele (consumers, professionals). In particular, we act within the framework of the following operations:
- Compliance audit of e-commerce websites (verification of the full existence – and, if necessary, revision/formulation – of pre-contractual and other mandatory information – Digital Economy Confidence Act, French Data Protection Act/GDPR;
- drafting or revising of contracts with all supply chain players (carriers, logisticians, brokers, manufacturers, etc.), payment service providers (PayPal, EC card/Visa payment solution providers, etc.) and dematerialized invoicing solution providers;
- drafting or revising of contracts for development/delivery/hosting/maintenance of an e-commerce website;
- support for online communication measures (e-mailing/SMS campaigns, display advertising, etc.) in compliance with the GDPR and the Consumer Protection Code;
- reservation of domain names and protection of the brand on the Internet (SEO management);
- establishing rules for the management/moderation of content posted online on interactive platforms (blogs, forums, etc.).
Digitalization of the in-store sales process: from “Click & Collect” to “E-Booking”
Numerous brands now offer:
- The collection of the goods at the point of sale after ordering via a website or by e-mail (Click & Collect) or by telephone (Call & Collect);
- Preparing a purchase by first identifying the product(s) and finally confirming its purchase on the spot (e-reservation).
Familiar with these issues, which raise legally difficult questions of classification as well as applicable regulations, our lawyers assist you in all matters raised by the increasing digitalization of sales channels, but also of points of sale (equipping salespersons with tablets or apps for prescription/recommendation support, networked displays, etc.).
Omnichannel and data governance
As it consists of providing a global and coherent experience across all sales channels to the consumer (who needs to be able to get information and complete the purchase through whatever sales channel), omnichannel has become the key to success for many brands. It requires a perfect mastery of data: product data (references, prices, technical information, etc.), shop data (address, opening hours, product availability, etc.) and customer data (purchase history, costs/references, profile, etc.). Our lawyers, experts in data protection law, will assist you in drawing up a data collection, use and storage policy that takes into account all applicable regulations (GDPR, trade secrets, competition law, copyright protection, etc.).