Legality of Resale Restriction???

[pattonxbody]

What is the name of your state (only U.S. law)? California

Legality of Resale Restriction???

I recently purchased some items from a clothing retailer that was having a “Patio Sale” at their company headquarters. The items are generally overstock items. Upon entering the warehouse, there were signs saying, “Products Are Not For Resale”. And it was the same thing on the receipt. I signed a receipt for a credit card purchase and at the bottom it did say “Products Are Not For Resale”. None of the products have any individual marking on them that say “Not For Resale”. Some of the items include original company price tags.

I had talked to a gentleman in line who had purchased a large quantity of items and was selling them on Ebay. He was then contacted by a legal office representing the company with a cease & desist notice.

I was planning on “Ebaying” some of my items. I was wondering how much legal ground they have if I get a cease & desist? Again this is a clothing retailer, not any food/tobacco item.

Thanks,
Andrew

 

[FlyingRon]

Legally, there is nothing they can do to stop you from reselling things that have entered the retail stream. They can avoid allowing you to shop at their outlet but that's about it.

However, EBAY is a different story. Ebay will roll over and kill your auctions if they complain. Be wary. You get too many auctions killed that way and EBAY will suspend your account.