Retail And Wholesale

India’s retail and wholesale sectors are dynamic and rapidly evolving, driven by factors such as digital transformation, changing consumer preferences, and regulatory reforms. The legal framework governing these sectors encompasses a range of laws and regulations, including the Consumer Protection Act, 2019, Legal Metrology Act, 2009, Foreign Exchange Management Act (FEMA), and various tax and labour laws.

We act for brick-and-mortar stores, e-commerce platforms, single-brand and multi-brand outlets, and wholesale distributors, on entity structuring, Shops and Establishments and GST registration, sector licences such as FSSAI and pharmacy approvals, and franchise, distribution and agency agreements.

• Business Structuring and Licensing:
  • Advising on the establishment of retail and wholesale businesses, including entity selection and structuring.
  • Assisting with obtaining necessary licenses and registrations, such as Shops and Establishments Registration, Goods and Services Tax (GST) registration, and industry-specific licenses like FSSAI for food retailers and pharmacy licenses for pharmaceutical retailers.
• Franchise and Distribution Agreements:
  • Drafting and negotiating franchise agreements, distribution agreements, and agency contracts.
  • Advising on compliance with franchising laws and regulations.
• Commercial Contracts:
  • Preparing and reviewing contracts related to supply, procurement, logistics, warehousing, and service-level agreements.
  • Advising on terms and conditions for online and offline sales.
• Intellectual Property Protection:
  • Assisting in the registration and enforcement of trademarks, copyrights, and patents.
  • Advising on brand protection strategies and handling infringement issues.
• Regulatory Compliance:
  • Advising on compliance with consumer protection laws, including labelling requirements and advertising standards.
  • Assisting with adherence to legal metrology standards for weights and measures.
• Employment and Labor Law:
  • Drafting employment contracts and advising on labour law compliance.
  • Handling matters related to employee benefits, workplace policies, and dispute resolution.
• E-commerce and Digital Business:
  • Advising on legal aspects of e-commerce operations, including website terms of use, privacy policies, and data protection compliance.
  • Assisting with compliance under the Information Technology Act and related regulations.
• Foreign Direct Investment (FDI):
  • Advising on FDI regulations applicable to retail and wholesale sectors.
  • Assisting with structuring investments and obtaining necessary approvals.
• Dispute Resolution:
  • Representing clients in disputes related to commercial contracts, consumer complaints, and regulatory issues.
  • Handling litigation, arbitration, and mediation proceedings.

Retail disputes usually start in the paperwork: a franchise agreement that does not survive a territory change, a distribution contract with no workable exit, a label that fails a Legal Metrology inspection. We draft with those failure points in mind, and act when they surface.