The topic Fulfillment is extremely multifaceted - just like the possible services that you as the client receive from your fulfillment service provider can expect. But apart from all this diversity, there are also some legal aspects that need to be considered. However, the whole matter is not too complicated and many things are excluded from the outset.
What regulations and details matter
The legal aspects of fulfillment can be defined in different ways.
Usually this is the case:
- General Terms and Conditions
- Individual contractual agreements
- Legal regulations
The answer to numerous points can be found by looking at the contract between the client and the fulfillment service provider.
The things regulated therein include, for example, keywords such as:
- Fulfillment services in detail - e.g. order acceptance, storage, etc.
- Liability for damage
- Adherence to delivery times
- Return procedure
- data protection
Further information that has a legal role can also be found in the AGBs of fillment providers. For example, whether there are certain requirements and conditions under which goods can be handled by them or whether certain articles excluded from the outset.
The law sets the limits
Both contractually and with regard to the own terms and conditions there is a lot of individual room for manoeuvre on both sides. However, the limits of the possibilities are defined by the legislator. In Germany, for example, pharmacists and prescription drugs and medical devices may not be sold via the Internet by law.
Likewise illegally it would be logical for a fulfillment service based in Germany to store, package, ship or otherwise handle legally prohibited goods, articles and products on behalf of the customer.
Examples of this would be, for example:
- Illegal drugs and narcotics
- Weapons and ammunition prohibited under the Arms Act
- Illegal hazardous substances
- Illegal objects and contents
If an online retailer wants to sell and ship organic products with the help of a fulfillment provider, they have to make sure that Organic certification must also meet some requirements.
The client and the service provider can agree many details of the fulfillment service with each other individually by contract - there is plenty of scope for this. The fulfillment contract would then have to be observed from a legal point of view. Every agreement contained in it is subject to applicable law**.
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