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To start a commercial activity on the internet, there are precautions to take. Once the form of activity has been chosen, it is necessary to check the availability of the sign and to guard against possible disputes with buyers.
Choose the right legal status:
If the entrepreneur launches his business alone, he can set up a sole proprietorship with limited liability ( EIRL ). The formalities are minimal and no minimum capital is tied up. The entrepreneur is also better protected against creditors in the event of bankruptcy. If the project is done by several people, a company must be created. Most often, the SARL (limited liability company) or SAS (simplified joint stock company) form is suitable for starting a business on the Internet.
Check the availability of the brand:
Acquiring a domain name involves carefully checking its availability. It must be done before having launched its activity because the name may already have been the subject of a trademark registration. If this is the case, the activity will then be stopped in its development by an infringement action. On the Internet, its presence will be noticed more quickly than in traditional commerce. This verification is done with the National Institute of Industrial Property (INPI).
Inform customers of their rights:
The merchant must communicate certain information to his customers about their rights as consumers. In particular, he must inform buyers of their right to cancel the order or of the conditions for concluding the online contract. Internet users are often not very attentive to the legal and contractual notices disseminated by the sales site. In the event of a dispute, the merchant always has the burden of proof. It is therefore strongly advised to keep as many records as possible of the consumer’s consent in order to establish his good faith.
DAMY Law Firm , Nice, business law, Update 2022
