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Selling free samples

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Gosamyr

Guest
What is the name of your state? Illinois I recently purchased a small bottle of perfume off of Ebay. The perfume was described accurately as far as size, etc. However when I received the item it was clearly marked FREE sample not for resale. This seller has sold many of these free samples for anywhere from 7.00 on up over 20.00. Is this legal to sell free samples? Gosamyr
 


I AM ALWAYS LIABLE

Senior Member
Gosamyr said:
What is the name of your state? Illinois I recently purchased a small bottle of perfume off of Ebay. The perfume was described accurately as far as size, etc. However when I received the item it was clearly marked FREE sample not for resale. This seller has sold many of these free samples for anywhere from 7.00 on up over 20.00. Is this legal to sell free samples? Gosamyr


My response:

Yes. Did you actually expect to receive something for nothing from the seller?

The "Not for resale" is a company designation to it's retailers; i.e., Usually there is a contract concerning the sale of company samples between seller and retailer. This, however, has no force when it comes to third parties who happen to come into possession of such items. The items become their property, to do with, and to deal with, as the new owner sees fit - - and that includes selling the items.

IAAL
 
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Gosamyr

Guest
A simple yes or no would have sufficed. I am not an idiot and I did not expect to get "something for nothing" as you implied. I expected a bargain which is not unheard of on Ebay. The seller is the one who got something for nothing. They paid nothing for the item and received funds from myself as well as over a hundred other unsatisfied customers. Maybe it is not legally wrong to resell samples, but ethically, I would feel like garbage if my place was reversed with the seller.
 

I AM ALWAYS LIABLE

Senior Member
Gosamyr said:
A simple yes or no would have sufficed.

MY RESPONSE: No, it wouldn't have. You would have bitched and moaned - - just like you've done now - - if I had merely answered with a Yes or No.



I am not an idiot

MY RESPONSE: Well, that's still debatable, based upon your original question.





and I did not expect to get "something for nothing" as you implied.

MY RESPONSE: Then why did you write?





I expected a bargain which is not unheard of on Ebay.

MY RESPONSE: Oh, so it's not the "sale" of the perfume itself that you're bitching about! It's that you believe you didn't receive the perfume for a low enough price. So, if you had paid, say, $3.00 less, then you wouldn't be bitching and moaning, right? At what price would this whole thing make you feel better? $3.00 lower? $5.00 lower? $10.00 lower? Free? What would make you happy?





The seller is the one who got something for nothing. They paid nothing for the item and received funds from myself as well as over a hundred other unsatisfied customers.

MY RESPONSE: So, what's your point about that. So what? If my brother GIVES me his car, and I decide to sell the car, is that wrong of me to do? The perfume is still property, and it has "value". The seller posted his/her price, and you agreed to that price REGARDLESS of where the perfume had come from, and REGARDLESS of whether the seller received them for free. The perfume still has a monetary "value".





Maybe it is not legally wrong to resell samples, but ethically, I would feel like garbage if my place was reversed with the seller.

MY RESPONSE: Really? You'd feel like garbage?

In summary, you have no case for anything. You're just thinking that selling "Not for Resale" goods is illegal. You're wrong - - especially when the merchandise falls into the hands of a third party.

IAAL
 
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Gosamyr

Guest
I never said it was illegal. That's why I came on here to get that question answered. I did not come here to be harrassed as you have taken such great pleasure in doing. I feel sorry for you. I feel sorry for someone who takes pleasure out of demeaning another human being. You can reply if you like but you'll only make yourself appear more pathetic as I refuse to feed into your idiocy any longer.
 
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