"Terms of Sale: Items are not for resale."??

[ragstorosesapparel2016]

There is a seller that has all of the items that are being sold with this remark "Terms of Sale: Items are not for resale." Is this acceptable? I don't understand isn't this bad practice, I mean they may not want you to resell the items you purchase from them but if it isn't printed on the item I am under the impression that this is their own rules am I right?

I'm Confused!

[loveyourimagination49]

What's the item?
Not that it matters, just curious.

[a_c_green]

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@loveyourimagination49 wrote:
What's the item?
Not that it matters, just curious.

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At a glance, using Advanced Search with that phrase and specifying Exact Terms in Exact Order, it appears to be a fairly large seller of makeup products. Their terms appear to be unenforceable, although they could conceivably be messing around with others' listings via VeRO complaints; I don't know.

[couldabeenworse]

If this is a seller that manufactures their own items, and states "not for resale", then you are contractually obligated not to purchase them for resale.  However, the only real "enforcement" of such a term would be the seller refusing to sell you items in the future.

It is also possible that the items themselves are marked "not for resale" - such as display or sample items, and that the seller is simply warning you of that fact before you purchase.

[1786davycrockett]

And how would the original seller become aware of you having resold those "not for resale" items, especially if you did not resell them on the internet?  We can assume that YOU would not tell the seller; so how would the seller ever know that the items had been resold?

And, if you live in a different state (or country), does the seller actually expect us to believe that they have legal representation in every other state (or country), to construct lawsuits against anybody who  decides to resell property which now belongs to the buyer?  Unless the seller has VERY, VERY deep pockets, it just ain't gonna happen.

The seller needs to bone up on property law, as well as bogus lawsuit threats.

[robot-hands]

Pffft. No. 

The very first thing I do when I see a "not for resale" sticker or tag is list it on ebay.

[ragstorosesapparel2016]

Hi,

Thanks for responding......It is everything she sells from Wigs to Avon, clothes to shoes new and pre-owned merchandise it's crazy. I can understand not wanting to purchase a used wig but these are clip in  ponytails new still in the bag, advertised in a lot, for a good price and she doesn't want you to resell them, really, how many different colored pony tails does one person need?  She must be nuts or doesn't want anyone to buy her stuff.

Cindy

[loveyourimagination49]

She doesn't have a leg to stand on.

[myboardid]

Totally unenforceable no matter what she means.  She cannot block anyone from re-selling the items.  The buyer has NO contractual agreement with the manufacturer or distributor.  Even with sample items that might be marked "not for resale", that agreement does not apply once the item has passed out of the retailer's hands.  Only the retailer is not allowed to re-sell it.  After that, if it is an unused item, anyone can sell it. 

[loveyourimagination49]

I'll assume that was meant for the op.😀

[phcd1 · Accepted solution]

Meaningless. The first sale doctrine makes it meaningless and unenforceable.

There are items that are marked that way, and although they are marked "Not for Resale", there is no rule on eBay regarding that (as far as I know). An example would be a Box of widgets you buy, open the box and sell them individually. They are not labeled for that type of sale.

[ragstorosesapparel2016]

Thanks for all the reply's I am pretty new at this this selling with a store on Disability trying to make it and thought this might help. I appreciate all the information it has been wonderful!
Blessings,
Cindy

[myboardid]

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@loveyourimagination49 wrote:
I'll assume that was meant for the op.😀

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Yes, and everyone in general.  I hate the way these boards are set up!

[fortys-tech-n-stuff]

I can kind of understand why you wouldn't want your makeup to be re-sold, some re-sellers could be selling old stock, tarnishing the brand of the parent company.

[aramintaca]

This is where a buying and seperate selling ID are useful. If you don't want them to know you are going against there wishes (yeah right) and are afraid they might block you.

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