Retail and consumer

Retail, distribution, e-commerce and franchising.

We advise retail chains, distributors, importers, consumer brands, e-commerce platforms, franchisors and franchisees.

We work with the Consumer Statute (Law 1480 of 2011), the unfair competition regime of Law 256 of 1996 and Law 1340 of 2009 on the protection of competition. We know the practice of the SIC (the Superintendence of Industry and Commerce) on warranties, advertising, e-commerce and personal data.

We help build the distribution network and operate it: agreements with suppliers, distributors and agents, terms of sale to the public, handling of complaints and response to investigations. When the business grows, changes channels or changes hands, we support the transaction. We also review the relationship with importers and the DIAN (the tax and customs authority), since much of what is sold in Colombia enters through customs.

How we support

  • We draft and negotiate distribution, supply, commercial agency, dealership and franchise agreements, with attention to termination and its consequences.
  • We design terms of sale in store and online: warranties, the right of withdrawal, payment reversal, deliveries and returns.
  • We review advertising, promotions, discounts, loyalty programs and labeling against the Consumer Statute and technical regulations.
  • We handle consumer complaints and represent the company in consumer protection actions and SIC investigations.
  • We structure personal data compliance in loyalty programs, direct marketing and customer profiling.
  • We advise on imports: tariff classification, customs valuation, sanitary registrations and disputes with the DIAN.
  • We assess agreements with competitors, suppliers and distributors under competition rules: resale prices, exclusivity and information exchange.
  • We support store openings and closings: commercial leases, agreements with shopping centers and operating requirements before local authorities.
  • We advise on the employment relationship with store staff, promoters and outsourced sales forces.
  • We support the purchase and sale of retail chains, brands and distribution networks.

Recurring issues

  • Termination of distribution and commercial agency agreements: damages and the statutory agency indemnity
  • Statutory warranty and mass claims over a single product
  • E-commerce: right of withdrawal, payment reversal and deliveries
  • Comparative advertising, promotions and pricing
  • Resale price maintenance and exclusivity
  • Customer data in loyalty programs and marketing

Practice areas

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