What Happens If You Sell Physical Products Without the Right Legal Agreements

What Happens If You Sell Physical Products Without the Right Legal Agreements

You’ve set up your online store, styled your product photos, and even nailed your packaging. You’re so excited about FINALLY going for it after months or even years of dreaming of your online shop idea. 

You’ve seen other people do it and have success from it and it’s finally all becoming possible for you too! Sales start to trickle in and at first, it’s everything you imagined. 

But then… one sticky situation without the right legal agreements in place can land you in a legal mess. 

Unfortunately, it’s incredibly common for many small product-based business owners to launch without a real legal strategy in place. And I get it – the front-facing things that people see, like your visuals and logistics, feel like the most important thing and are often the most fun. 

But when a chargeback hits, a customer demands a refund, or someone claims their data was misused, you’ll wish you had paid a little more attention to making sure your legal protection was all set up from the very beginning. 

In this blog post, I’m walking you through a few very real "what if" scenarios that could potentially happen to online product-based businesses when you don’t have proper online store legal protection in place. 

PLUS, most importantly, you’ll learn how to make sure these scenarios don’t become your reality! 

How To Legally Protect Your Online Product-Based Business

Scenario 1: Customer Receives Broken Product

🛒 Product: Handcrafted Ceramic Mugs
🫣 Problem: A customer receives their product shattered

As an online shop owner selling handcrafted products, some of which are fragile, there’s always potential for them to be damaged in shipment. It’s a problem that you want to anticipate and prepare for so that you know how to handle it when or if a customer reaches out about it. 

In this scenario, let’s say one of your customers unfortunately receives a damaged product and they send an angry email demanding a full refund and reimbursement for the gift wrap they added.

As a business owner, you never want angry customers, but you also can’t let your customers boss you around. So in this instance, you decide that you’re going to handle the situation by referring the customer to your store policies that clearly outline what happens if a product is damaged in shipment… only to realize you never actually put any of those policies in place. 

Without clear Terms of Purchase for Physical Products, you don’t have a written policy for:

  • What happens if a product arrives damaged
  • Whether returns are accepted and how
  • Who pays for return shipping
  • How refunds are processed (or if they're offered at all)

Without this, you’re at risk of negative reviews and customer complaints (like described above!), chargebacks (which you’re more likely to lose without terms in place), and getting flagged by your payment processor for high dispute rates

💡 Solution: A strong Terms of Purchase agreement lays out your policies clearly, giving you a document to point back to if a customer pushes back. It also strengthens your defense in disputes with platforms like Shopify, PayPal, or Stripe.

Scenario 2: Emailing Without Consent

🛒 Product: Highend Candles
🫣 Problem: Adding customers to newsletter list without consent

As a business owner, it’s a very common goal to grow your email list so that you can use your newsletter as a way to market. With this in mind, when customers purchase from you, you decide to collect their email address and add them to your list. 

“I’m a genius!”, you think…

When suddenly one customer files a complaint that you never got their consent to send them emails and now you’re facing a formal request to delete their data under privacy laws you didn’t even know existed.

I say this with so much love, but you cannot mess with privacy laws as an online business owner!!!

Without a Website Privacy Policy, you’re missing:

  • Required disclosures about how you collect and use customer data
  • Cookie notices or consent pop-ups (required in many states and countries)
  • Legal protections in case of a customer complaint or investigation

This opens the door to fines or penalties under privacy laws like GDPR or CCPA, loss of customer trust, and even getting blacklisted by email platforms for spam violations.

💡 Solution: A Privacy Policy isn’t just good practice, it’s legally required in most cases. Having one shows customers that their data is safe, and helps you comply with the laws that govern how that data is used.

Scenario 3: Copycats

🛒 Product: Custom Vinyl Records
🫣 Problem: Someone is copying your content

As an online product-based business owner, a major part of your business is making sure that your online shop is set up so that it stands out and is easily accessible for your customers. 

You spend countless hours writing clever product descriptions, taking original photos, and designing your site with care. You’re so proud of your work and your customers are loving it too!

Then one day, you receive a DM from a loyal customer that includes a screenshot from a competitor’s site… they’ve copied you word for word. 

There’s a pit in your stomach, but before freaking out too much, you send them a polite message asking them to take it down. I mean after all, they can’t legally do this right?!

That would be correct IF you have the proper Website Terms of Use in place. 

Without Website Terms of Use, you may struggle to:

  • Prove that your website content is protected
  • Enforce rules around how visitors can use your site
  • Prevent unauthorized use or scraping of your content

This leaves you vulnerable to intellectual property theft, infringement without recourse, and even loss of credibility if others duplicate your brand.

💡 Solution: ImplementaWebsite Terms of Use that spells out what visitors can and can’t do with your content. It reinforces your ownership and gives you grounds to take action when someone crosses the line.

The Best Online Shop Contract Bundle for Product-based Businesses

While the scenarios above aren’t technically real, they most definitely COULD be a situation that online shop owners experience. And the worst part is that each of these scenarios could spiral into a more costly, time-consuming, legal issue.

But the good news? You don’t need to write all these documents from scratch or hire a lawyer on retainer.

(Your bank account said AMEN 🙌🏼)

With The Boutique Lawyer’s Online Shop Contract Bundle, you can get: 

  • Terms of Purchase for Physical Products (valued at $99)
  • Website Terms of Use (valued at $49)
  • Privacy Policy with Cookies Pop-Up Language (valued at $49)

All wrapped up into one!

It’s everything you need for full online store legal protection in one easy-to-use bundle.

Whether you're launching next month or already selling products, this bundle is your first line of defense and it’s not just about avoiding worst-case scenarios – it’s about running your business with confidence and professionalism!

Get your Online Shop Bundle here and rest easy knowing that your online business is fully protected. 🎉

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