First retail or distribution deal: what to gather
For education only. Not legal advice. Tellbrief is not a law firm.
A retailer saying yes is good news. It also tends to arrive with the retailer’s own contract and a short deadline. It helps to gather a few things before you reply.
Their paper
If the retailer or distributor sent its own vendor agreement, have it, and any attachments or policies it refers to, ready to share. Note the date they want it back.
Your supply chain
- Who makes the product: you, a contract manufacturer, or a supplier.
- Whether you have a written agreement with that manufacturer, and what it says about the formula, recipe or design.
- Where ingredients or components come from.
Your brand
- The exact name and logo you will sell under.
- Whether anyone has searched or registered the name.
- Who holds the accounts: domain, social handles, marketplace listings.
Your claims
List what your packaging, website and ads say about the product. Mark any about health, results or ingredients.
The questions to bring
Write down what worries you: payment terms, returns, exclusivity, who pays for what. Your lawyer will tell you which terms matter for your situation.
Questions
Do I need a trademark before selling in retail?
It depends on your situation and the retailer. Have your brand history ready so your lawyer can advise.
My manufacturer has no written agreement with us. Is that a problem?
It’s a question to raise early. Bring what you know about who developed the formula or design.
Get your lawyer up to speed before the first call
About 30 questions, most of them one tap, free and with no account. Tellbrief turns your answers into a brief your lawyer can work from, and you keep a copy.
Start your brief →For education only. This article is general information for founders, not legal advice, and reading it doesn’t make you anyone’s client. Tellbrief is not a law firm. For advice about your situation, talk to a licensed lawyer.