The fashion and textile industry is fascinating and is bursting with brilliant product and hugely creative people. However, it is also a sad fact that there is a very high failure rate for many start-up businesses in this industry.

While your design is obviously hugely important, having the correct legal framework in place when you start to sell is just as critical.

The following section will help companies understand the importance of design protection, of having relevant terms and conditions as well as providing advice on selling through an agent. The UKFT team can help companies to get their story right for buyers, including preparing line sheets, designer profiles, price lists and images. We can also help by providing an objective eye on your collections and material before you approach buyers.

There is also a wealth of information on how to start selling overseas in our Export section.

UKFT has produced a new guide to help fashion brands prepare to wholesale online, as well as offering advice on how to make the most of the opportunities offered by virtual tradeshows and selling digitally to overseas buyers. The UKFT Guide to Digital Wholesale is available exclusively to UKFT members and covers:

• Getting ready: things to consider when preparing to wholesale online
• Tips on making the most of your photography, copy and supporting material
• Marketing including social media, communicating with buyers and sustaining a campaign throughout the duration of a digital wholesale event or season
• Selling the collection including making appointments, setting up the showroom and order taking

The guide covers digital wholesale opportunities via three main categories: online sales platforms (such as Joor and NuOrder), digital exhibitions or events (for example Pitti Connect or Première Vision’s Digital Show), and online showrooms.

UKFT supports approximately 1,000 fashion and textile companies each year, helping them to export and develop their business overseas. We work or have worked with most of the UK brands and businesses in our industry, small or large, from Ally Capellino to Zandra Rhodes, and from Johnstons of Elgin to Paul Smith, Abraham Moon, Christopher Raeburn and Alex Monroe. UKFT helps companies build an export strategy covering various routes to market including selling direct-to-consumer, wholesale, and via agents and distributors.

UKFT has launched a new guide to exhibiting at international tradeshows for UK fashion and textile companies. It is available exclusively to UKFT members and brands accessing the TAP grant scheme via UKFT. Find out more about TAP here.

International tradeshows are an important business-to-business route to market for fashion and textile companies. They are the industry’s window to the world, where brands and manufacturers can launch a new collection and promote their business. Exhibitions can fulfil a number of functions, providing:

• A cost-efficient way of bringing existing customers to one place to see a new collection and selling
  to them
• A business development tool where you can seek to attract new global customers
• An opportunity to test new product in the market
• A means of generating press interest
• A way to connect with the wider industry, from potential licensees and distributors, through to new sources of manufacture

UKFT are experts at advising companies on the whole process of exhibiting. We have visited all of the major shows and most of the smaller ones, hundreds of times, and we can help you avoid common pitfalls. This document is intended as an overview of the process. UKFT can work with you to help you make the most of the opportunities exhibitions offer, from helping you choose the right shows for your business to ensuring you arrive on-site, ready to sell.

Over recent years the market has changed and there are fewer buyers looking to buy collections wholesale.

However, opportunities have also emerged including online marketplaces, licensed collections or shop-in-shops. UKFT can help you with these platforms as well.

At the same time the exhibition landscape has changed and showroom events have become popular. These are often run by agents or distributors keen to extend their reach. If you are interested in a showroom event, you will also need to understand how they operate; they may have additional sales support services you may want to consider or even be required to take and pay for. UKFT members can get more advice on this and specific details. For the purpose of this guide, showrooms and exhibitions are treated as the same thing.

Whatever you decide to do and wherever you decide to show, the priority always should be to promote your brand to best effect so you create opportunities in new and existing markets.

The guide covers:

• Planning to show
• Applying for a stand
• Financial help (grants) from theDepartment for International Trade (DIT)
• Preparing to show
• Additional costs
• Your stand
• Transport
• Transporting Your Collection
• Preparing to sell
• At the show
• Scam alert
• Exhibitor checklist

Getting Paid and Terms & Conditions

Whilst there is no guarantee that you will always be paid for the orders you deliver, there is a great deal you can do to make it more likely that you will be paid. Do not leave it to chance.

It is vital that you have your own TERMS & CONDITIONS. A contract between you and the buyer will still exist, whether written or not, and the Sale of Goods Act will still apply (in the UK), but this is heavily weighted in favour of the buyer. Simply agreeing price and delivery date is not sufficient to protect your business.

UKFT members can access new documents outlining what should normally appear in your Terms and Conditions for online customers, privacy policy, website and wholesale.

These are guides only but cover what should normally appear in Terms and Conditions, based on a number of suggestions used by or prepared by members.

Ideally you should ask a legal firm to draft appropriate terms for your business or draft your own and have it checked by a lawyer. When drafting, make sure you amend text to suit your business, delete those elements which may not apply and add those you need.

UKFT strongly advises that all legally binding documents should be verified by a qualified legal company. We with a number of trusted legal firms as associate members. Find out more here.

The following advice is for guidance only, it does not constitute legal advice and is given in good faith. UKFT disclaims any liability resulting from actions taken after reading these notes.

You are strongly advised to consult a suitably qualified lawyer when drawing up your own Terms & Conditions.

This area may also be affected by the UK’s departure from the European Union. For the most up-to-date information, please contact UKFT for details.

Designers in the UK are better protected now than ever before, by the Copyright Designs & Patents Act 1988, the Design Right Rules 1989 and the 1992 Amendment of these rules.

Legislation has not stopped copying but it does mean that if you understand the protection now available to you, and establish a good reference system for your designs, you have better protection now than in the past. There are systems for registering designs that will offer a greater degree of protection to you. UKFT’s associate members can work with you on these.

This area is affected by the UK’s departure from the European Union. For the most up-to-date information, please contact UKFT for details.

Selling through and agent can be a great way of expanding your sales both in the UK and overseas. UKFT strongly recommends that you have an Agency Agreement in place when working with an agent. If the relationship with an agent works well you will not need to refer to the Agreement but Agents have rights even when they retire so even the best Agent will have a financial claim on a company when he/she gives up work.

The legislation does not apply to Agents operating outside the EU although there is no reason why you should not use the EU legislation as a basis. However, you may find that there is legislation in the country concerned.

Companies are strongly advised to consult their solicitors when drawing up any Agency contract as the terms included in a contract will vary from company to company. UKFT can recommend associate members which are very experienced in this area.

The final wording of an Agency Agreement will depend on the commercial strength of both parties. Newer companies may find they have to give way to the demands of an experienced Agent. It is vital that members understand the long-term consequences of any Agreement.

This area may also be affected by the UK’s departure from the European Union. For the most up-to-date information, please contact UKFT for details.