Is Dropshipping Legal? A Guide to the Legal Risks (2023)

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Starting a new business can require a lot of overhead costs for things like retail space and utilities. Even if you’re a small business owner who only sells products online, you can still incur expenses for storage space and shipping costs. A dropshipping business model can help you avoid a lot of these expenses.

Dropshipping is a cost-effective way to run anecommerce store, and it’s a legal, legitimate business model. Here are some tips for starting a successful dropshipping business.

What is dropshipping?

Dropshippingis a retail fulfillment method where one company handles sales,marketing campaigns, andcustomer service, and a different company handles the manufacturing andfulfillment process. Thedropshipping business modelis particularly popular among ecommerce retailers that have online stores offering various products.

When a customer places an order, athird-party suppliertakes over. This outside supplier is the company that actually manufactures the product and sends it to the customer. In some cases, one outside company may make the product, and a different one ships it. Nonetheless, the company that sells the product to a consumer is not the one that makes the item or fulfills orders.

Is dropshipping legal?

Yes, dropshipping is legal. It is a widely-used business model in which a retailer does not keep the products it sells in stock. Instead, the retailer transfers customer orders to a supplier or manufacturer, who then ships the products directly to the customer. Like in any business, you must adhere to local, national, and international laws regarding the sale of merchandise.

As long as you do this, dropshipping usually is a low-risk business model with littlepersonal liabilityrisk. You may want to have a lawyer draft legal agreements with yourdropshipping companiesto clarify who has legal liability for issues arising during the sales process, the shipping process, and during customer usage.

Here are some legal compliance issues to keep in mind when establishing your dropshipping business:

  • Copyright laws.A common question among new ecommerce vendors is: “Can I get sued for dropshipping?” Like any business, you could be sued for any of a host of reasons, and copyright violations are among them. You may be in danger of violating copyright law if your supplier is selling counterfeit goods to fulfill your customer orders. Proceed with caution and take any ethical concerns seriously.
  • Consumer protection laws.Even if you aren’t the company making a product, your online business must abide by consumer protection laws and is responsible for the quality and safety of goods shipped to your customers. If your product hurts someone, you could face personal injury litigation, so you’ll want to carryproduct liability insurance.
  • Truth in advertising laws.You may not manufacture a product, but you’re still responsible for accurately representing it in your marketing efforts. If unhappy customers buy a deceptively marketed product in a retail store, they likely won’t sue the wholesale suppliers; they’ll probably sue the company whose name is on the box. The same is true of your dropshipping store. You’re responsible for accurately representing the goods you sell, and you’ll encounter legal issues if you mislead your customers.
  • Tax and licensing laws.Like any retailer, you must collect and remit applicablesales tax.You also must payincome tax. Many states require a business license or sales permit to operate a retail business. Consult the Shopifystarting up guideand contact legal professionals in your area for the most up-to-date information on how to start different types of businesses in different municipalities.

Why start a dropshipping business?

Running your online store as a dropshipping business offers several advantages over a traditional retail model, freeing you to focus on specific things and leaving other details to your dropshipping partners. The upsides to dropshipping include:

  • Low startup costs.In the dropshipping industry, you don't need to lay out a lot of money to build up inventory, and you don’t have to pay for retail space. Your main expense is buying products from a dropshipping vendor, many of which can be purchased for just a little over the wholesale price. You can then sell these products to your customers for market value.
  • No need to source materials.When you partner with a dropshipping manufacturer, you don’t have to worry about raw materials orsupply chains. Your partner handles things like price changes on materials and shipping logistics.
  • No warehousing orinventory management. Traditional retail stores, and even online stores, need space to stock inventory. When you outsource manufacturing and order fulfillment to a dropshipping partner, you offload these responsibilities.
  • No shipping headaches.Shipping comes with a lot of logistical challenges. A partner handles thedropshipping order fulfillmentwhen you send them your customer orders.
  • Easier to develop products and change formulas.If you get intoprivate label dropshipping, where an outside company makes a custom product on your behalf, you can save money on product development. You can also test multiple suppliers to see whose product best meets your standards. And if the existing product isn’t working out, it may be easier to switch dropshipping suppliers than develop a new product from scratch.
  • Ability to focus on what you do best.With manufacturing and order fulfillment off your plate, you can focus your online business on three crucial professional elements: marketing, the sales experience, and customer service. Your job is to do market research and attract customers. Once shoppers find your website, you can give them a great buying andcheckout experience, and support them with great customer service.

How to get started dropshipping with Shopify

If you’d like to learn how to build a successful business around dropshipping, explore Shopify’sultimate guide to dropshippingand a how-to guide forhow to start a dropshipping store. You can then get more specific with tutorials on:

Dropshipping lends itself toa wide range of products. These include pet supplies, phone accessories, car accessories, beauty products, apparel, coffee, cannabis products, and baby supplies. These markets are filled with potential customers accustomed to buying products online, and vendors who know how to make and dropship these products.

Is dropshipping legal FAQ

Do you need a business license for dropshipping?

A dropshipping business is a retail business. If your state or municipality requires a business license for retailers, you probably need one for your dropshipping store. Use Shopify’s starting up guide to learn more about specific legal requirements for starting a retail business in your state.

What are the drawbacks of dropshipping?

的主要缺点dropshipping卖家is that it usually has lower profit margins than traditional retail does. A large portion of every sale goes to the company that manufactures, warehouses, and ships the items you sell. You may also have less control over the products sold under your name. If the product is low quality, you may have limited options to improve it. The ensuing negative customer reviews may hurt your business’s reputation. And if your manufacturer ships a shoddy or dangerous product, you may face penalties for breaching consumer protection laws. Despite these drawbacks, many ecommerce vendors feel dropshipping is worth it.

What products are good for dropshipping?

Dropshipping lends itself to a wide range of products. These include pet supplies, phone accessories, car accessories, beauty products, apparel, coffee, cannabis products, and baby supplies. These markets are filled with potential customers accustomed to buying products online, and vendors who know how to make and dropship these products.

我需要收集销售tax on dropshipped items?

Yes. If your state or municipality charges sales tax on retail goods, you have to collect and remit that tax on items sold via dropshipping.
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