Reading time: 3 minutes

The purchase of an eCommerce business can be a very profitable venture. Although start-up costs may be minimal compared to the purchase of a retail store, you may also need to invest a large proportion of your time in marketing and publicity for your eCommerce business. Starting off on the right foot means doing your legal due diligence so you can continue to operate the business smoothly as soon as your purchase of the business is settled.


An eCommerce store is involved in the sale of goods. If you plan to purchase an eCommerce store, you need to find out whether or not the actual goods will be included in the purchase price. If it is included, where are all these goods stored? Will you need to rent a storage facility? Will you be able to check the stock before the business is purchased? Occasionally eCommerce stores work on a different business model where manufacturers may be shipping products directly to the customers. If this were the case, you will need to discuss with the vendor whether or not existing contracts are in place with manufacturers or suppliers and if you can have these contracts transferred to you. If there are no written agreements, make sure you have contact with the supplier or manufacturers before the business is settled and consider including this requirement in the Sale of Business Agreement.

Legal Documents

In order to be protected as much as possible according to Australian laws, eCommerce stores need to have the appropriate legal documents in place. This may include a Website Terms of Use, Website Privacy Policy and Sales Terms and Conditions. If the vendor does not have these documents available, consider getting this drafted before you begin operation. These documents will help to protect you by outlining things such as your refund policy, delivery policy, warranties, disclaimers as well as your intellectual property and copyright. This will also assist in helping customers feel confident that they are buying from a legitimate business.

Intellectual Property

Intellectual property will always form a large part of the purchase of an eCommerce business. If you haven’t thought about this as yet, then you definitely should! This can include aspects of the purchase such as the business name, domain name or social media pages. If you and the vendor are happy with transferring intellectual property ownership, make sure this is not only legally outlined in a written agreement, but also that the practical aspects are also finalised within a given timeframe, e.g. the vendor will need to change ownership of the domain name within 10 business days of settlement. This will help ensure you are ready to manage the eCommerce business in all platforms that exist, not only the website!


This is just a snapshot of the legal considerations you need to make when purchasing an eCommerce business. Our specialist team of contract lawyers have not only helped to set up online businesses, but also assisted clients with their sale and purchase! If you want to start an eCommerce business, speak to one of the LegalVision team by calling us on 1300 544 755!


Redundancies and Restructuring: Understanding Your Employer Obligations

Thursday 7 July | 11:00 - 11:45am

If you plan on making a role redundant, it is crucial that you understand your employer obligations. Our free webinar will explain.
Register Now

How to Sponsor Foreign Workers For Your Tech Business

Wednesday 13 July | 11:00 - 11:45am

Need web3 talent for your tech business? Consider sponsoring workers from overseas. Join our free webinar to learn more.
Register Now

Advertising 101: Social Media, Influencers and the Law

Thursday 21 July | 11:00 - 11:45am

Learn how to promote your business on social media without breaking the law. Register for our free webinar today.
Register Now

Structuring for Certainty in Uncertain Times

Tuesday 26 July | 12:00 - 12:45pm

Learn how to structure to weather storm and ensure you can take advantage of the “green shoots” opportunities arising on the other side of a recession.
Register Now

Playing for the Prize: How to Run Trade Promotions

Thursday 28 July | 11:00 - 11:45am

Running a promotion with a prize? Your business has specific trade promotion obligations. Join our free webinar to learn more.
Register Now

Web3 Essentials: Understanding SAFT Agreements

Tuesday 2 August | 11:00 - 11:45am

Learn how SAFT Agreements can help your Web3 business when raising capital. Register today for our free webinar.
Register Now

Understanding Your Annual Franchise Update Obligations

Wednesday 3 August | 11:00 - 11:45am

Franchisors must meet annual reporting obligations each October. Understand your legal requirements by registering for our free webinar today.
Register Now

Legal Essentials for Product Manufacturers

Thursday 11 August | 11:00 - 11:45am

As a product manufacturer, do you know your legal obligations if there is a product recall? Join our free webinar to learn more.
Register Now

About LegalVision: LegalVision is a commercial law firm that provides businesses with affordable and ongoing legal assistance through our industry-first membership.

By becoming a member, you'll have an experienced legal team ready to answer your questions, draft and review your contracts, and resolve your disputes. All the legal assistance your business needs, for a low monthly fee.

Learn more about our membership

Need Legal Help? Submit an Enquiry

If you would like to get in touch with our team and learn more about how our membership can help your business, fill out the form below.

Our Awards

  • 2020 Innovation Award 2020 Excellence in Technology & Innovation Finalist – Australasian Law Awards
  • 2020 Employer of Choice Award 2020 Employer of Choice Winner – Australasian Lawyer
  • 2020 Financial Times Award 2021 Fastest Growing Law Firm - Financial Times APAC 500
  • 2020 AFR Fast 100 List - Australian Financial Review
  • 2021 Law Firm of the Year Award 2021 Law Firm of the Year - Australasian Law Awards
  • 2022 Law Firm of the Year Winner 2022 Law Firm of the Year - Australasian Law Awards