Recommerce

Pre-loved, circular, second-hand: however you describe it, the resale industry has experienced huge growth online in recent years. CMS is one of the few firms that can provide a one-stop shop for stakeholders across the recommerce industry.

CMS are well established across the entire consumer and retail sector, and we have set up a specialist recommerce industry group within this.

We are deeply embedded within the recommerce sector, not just on a legal front. Key team members in the group are not only legal advisors, but are also passionate consumers, advocates, and promoters of recommerce.

CMS understand the upcoming opportunities and challenges anticipated in the market. We can advise on the current and future trends that are likely to shape the future of the industry, from greenwashing, to evolving consumer protection legislation, artificial intelligence, and investment in sustainability.

The recommerce group is made up of recognised advisors in retail, TMT and sustainability. The lawyers in the CMS recommerce group sit at the centre of the firm’s market-leading expertise in retail (Tier 1 Legal 500 and Band 1 Chambers), TMT -  technology, media and telecommunications (Band 1 Legal 500), and ESG – environmental, social and governance (Tier 1 Legal 500 and Band 1 Chambers). 

We have established experience working in the recommerce sector. CMS has advised on all corners of the industry, including:

• the commercial aspects of the collaboration between Matchesfashion with a luxury resale platform to facilitate consumer-to-consumer sales;
• advising on the practicalities and intellectual property considerations of establishing an authentication service;
• a global retailer on a range of matters, including UK and EU consumer protection law and high-profile retail projects (including the launch of a pre-loved luxury fashion range);
• a pioneering British online fashion platform on various aspects of its consumer marketplace;
• supporting Vinted on all aspects of a launch in some Central and Eastern European countries, including commercial, regulatory, privacy, employment aspects, and a review of the website and general terms and conditions;
• the investment by Burda GmbH into Vinted;
• advising on the sale of all of the shares in the capital of ZigZag Global to Global Blue; and
• advising Swap Commerce on its $9M Series A financing.

We can help shape the e-commerce experience of our clients. Our experts have a wealth of knowledge advising on launching, innovating, and operating e-commerce platforms. CMS can advise on all aspects of selling online, from drafting terms and conditions, implementing data protection compliance, negotiating contracts for IT, logistics and transportation operations, launching authentication solutions, advising on payments services, and ensuring a positive user experience for buyers and sellers.

CMS has specialist advisors for entrepreneurs and corporates operating in the recommerce industry. Our corporate transactions lawyers are sector experts in TMT and ESG and can advise on international and UK mergers & acquisitions, raising money through investment, joint ventures and more, in the recommerce industry. CMS has a dedicated programme to support start-ups scale. See further information here: CMS equIP | Helping Start-ups scale.

The recommerce group is equipped to provide bespoke advice to a breadth of clients in the recommerce industry, including:

Further materials

We regularly publish legal briefings, research reports and opinion pieces on legal issues and opportunities in the recommerce industry. The below feed contains links to some of our most recent recommerce-related publications. If you would like to discuss any of the articles further, please feel free to contact one of our experts.