Question: I am using a drop-shipping structure to sell products online who is responsible for complying with Australian Consumer Law?Answer:
This depends on the nature of the business and whether the company drop-shipping the products is based in Australia or overseas. As the retailer in the relationship, you will likely be the first port of call in relation to consumer issues and complaints. If the company drop-shipping the products is also the manufacturer and is based in Australia then they will be required to comply with manufacturers’ obligations under Australian Consumer Law. But if your manufacturer is based overseas, then you will be the deemed manufacturer and the retailer for the purpose of Australian Consumer Law and will need to comply with the relevant obligations.