This field is for validation purposes and should be left unchanged. Over the past few months, I've been involved in the development of a couple of new businesses selling products online: a toy retailer and a fashion accessory design/supply business. My Account; Help; Post your ad Post a new ad. Lottery rules usually allow you to choose your own numbers. I really enjoyed my consult. As a general rule of thumb, there should be a limited number of tickets available in a legal raffle. And in light of South Dakota v. Wayfair, which will significantly increase the obligation that online sellers have to collect and remit sales tax, it’s all-too-easy to end up owing back taxes and immense penalties. Those photos now belong to you and are now considered your “intellectual property”.Intellectual propertyis the … If you’re determined to move forward, be sure to get sound professional advice so that you’re protected. “Online arbitrage” is the same thing, except instead of going to a store, you source inventory off the internet. Even if you’re running a strictly online business, your website may use logos and other borrowed imagery to create a more upscale experience and help customers quickly identify the brands of products they wish to buy. Is it against the law to buy a product, repackage it with my company’s brand/product name and then sell it online and/or in stores? And if you’re looking for Viagra auctions on eBay, don’t even go there. Thank you in advance for your help. Want a fast ticket to permanent suspension? Could a Journal Be The Next Productivity Game-Changer? “I specialize in vintage pop culture items. They bolstered their argument by pointing out that Costco violated the Lanham Act because they did not disclose to consumers that the figurines were not sold in their original packaging. Michael conducted himself in a highly professional manner and at the same time was very personable and completely explained everything! Now that you have legal items to sell, let’s get listin’. My attorney was helpful and energetic. Wholesalers are mostly ‘trade only' for the benefits accrued from their manufacturers, for tax purposes and, of course, to set them apart from high street stores. “Retail arbitrage” is when you purchase items from a retail store — like hitting a big sale at Walmart — and sell it to your own customers for more. I understand that the data I am submitting will be used to provide me with the above-described products and/or services and communications in connection therewith. Filter your results. Yes but you have to be careful about using any of the original shops intellectual property when selling it on. Everybody knows that it’s perfectly legal to resell an item that you have purchased, including cars, furniture, clothing, knick-knacks, and so on. Best Items to Resell for Profit. But people who engage in repackaging for a living almost always do so with permission of the manufacturer. But the more important issue for us and you is can you sell that item on Amazon as new? These are some of the easiest items to sell. The biggest feature of having a licensing agreement is that it allows a reseller to use the rightsholder’s trademarks to advertise the goods. Thorough, informative, respectful, on time, professional. You’ll need to pay to obtain the goods, and your purchaser will need to pay when you sell the goods. If you sell a product as new, but it has a different warranty than the same product purchased directly from the manufacturer, it could be considered as selling a product that is different than the original. With the experience fresh in memory, it seems like a good time It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. You can research how much they usually sell for as single items to see whether they're a worthwhile investment. Is it legal as in does it break any US/State/Local laws to sell that item as “new”? In reselling a product without a license from the manufacturer, you may invalidate a manufacturer’s original warranty which covers the original consumer who buys it, but not subsequent buyers. Electronics are fun this way though. To learn how we can help, contact us by calling (916) 760-8265, or by sending us a message using our contact form. Relevance. To learn how we can help, contact us by calling (916) 760-8265, or by sending us a message using our contact form. But, there have been controversies when it comes to media. For instance, they fail to collect sales tax in all required instances, or don’t even begin to research who they should be collecting sales tax from. But an unauthorized reseller—or an authorized seller who cancels or breaches the license—uses protected trademarks, they are in fact infringing on the manufacturer’s intellectual property. 3 Answers. You bought it; you own it. Believe or not, you can find many things to flip. My view is that it is OK to do. Lv 5. You can buy bulk and resell individually, in the example of the coke cans there are literally hundreds if not thousands of sporting clubs and associations across the country who conduct this activity for their own fund raising purposes. 1,147 results in Buy and Sell UK. In these cases, the businesses contract with the rightsholders to sell ‘genuine’ goods. This is a practice known as ‘retail arbitrage’—buying low and selling high. That's what most businesses do, buy and resell stuff. The key to making money as a reseller is preparation, according to Shawn Taylor, who’s been buying and selling items for 25 years. A customer who buys that product from the reseller has the same warranty protections one would enjoy if one bought it straight from the manufacturer. To find items for sale in large quantities, search for terms like "bulk", "job lot", or "wholesale". Suite J-119 Davis, CA 95618. Yes, it's legal. There are many businesses that are authorized resellers of products. Bulk buying and selling on eBay. UK raffle rules and regulations state that there must always be a guaranteed jackpot winner. In summary, the most common infringement causes for creators include any “fan art” based on copyrighted character (e.g., Harry Potter) or trademarked logos (e.g., Nike’s check ma… Is it legal for one shop to buy items from another shop and then sell them at their shop? For instance, Disney filed a lawsuit against Redbox regarding the resale of downloadable movie codes. At a high level, when dealing with physical goods, the process of simply stocking goods for resale has been totally legal for many years. Once the rightsholder has made that ‘first sale’ to the consumer, its control over the physical item ends, and the consumer can do as one wishes (as long as they don’t make copies). Is it legal for me to do so if I am not claiming the brand as my own? Where to buy items to resell for profit. Although certain items may be legal to sell in your country, they might be illegal elsewhere. From cheap things to buy and sell for a profit to expensive and rare items to resell. The list of prohibited and restricted items below covers items you can list under certain conditions, and items that we don't allow at all. Once you have purchased something at retail it is yours to do with as you choose. By their very nature, almost all wholesalers will state they are for ‘trade only', but if you plan to buy stock and sell it on, you are technically a trader – you don't need to have a limited company behind you to be eligible. We’ll feature a different book each week and share exclusive deals you won’t find anywhere else. But under the first sale doctrine, the courts have long recognized the … But, there have been controversies when it comes to media. You can buy and sell single bullets, ... For example, even though penicillin is legal to buy in the United States, only a doctor can prescribe it — which is why, when you get sick, you have to stand in that loooong line at the pharmacy sneezing on all the other sick people. This is not the case for unauthorized resellers. For instance, Disney filed a lawsuit against Redbox regarding the resale of downloadable movie codes. Costco won the original suit, but lost in the Ninth Circuit Court of Appeals. A word to the wise, though – look for signs of sweat or unpleasant smells before you buy, since sporting goods might not be the easiest to clean. I am paying the price that the charity shop has asked for, and I am bringing them a lot of business. There are just a few things to keep in mind to make sure your reselling practices are completely legal and above-board: Be honest about the fact it's second-hand, and list any damage or faults with the item Amplify your business knowledge and reach your full entrepreneurial potential with Entrepreneur Insider’s exclusive benefits. Another thing to keep in mind is that if you are buying discounted brand name products online, especially if you’re importing them from overseas, you may inadvertently purchase counterfeit products. Most people can't even tell. MsLouMaria. Enesco took great pains to control the distribution and sale of their figurines for purposes of quality control and marketing. Try risk free for 60 days. Thus, even though resold products are genuine, a reseller may be guilty of trademark infringement, because they have failed to secure the licensing necessary to pass the product’s original full warranty on to a consumer. How to Buy and Resell Items to Make Quick Cash. In short, you have some thorny legal and accounting issues here. Everybody knows that it’s perfectly legal to resell an item that you have purchased, including cars, furniture, clothing, knick-knacks, and so on. We can help you determine whether it’s a wise to obtain a license as authorized seller, avoid potential trademark infringement as an unauthorized reseller, identify any necessary disclosures you should make about your products, and even assist you with obtaining intellectual property insurance if there’s a strong chance that a manufacturer will come after you. They didn't sell any food then, but they do now. You could look into getting a reseller’s permit, but to get a reseller’s license you first have to enroll with your state tax department, which involves getting a sales tax ID number. 417 Mace Blvd. The same is true for using textbooks. In 1998, Enesco, the manufacturers of the “Precious Moments” line of ceramic figurines won a lawsuit against wholesale seller Costco. Search. Don't do anything that would falsely imply you're an official licensee if you aren't, that you are selling direct from the manufacturer when you aren't, that your items are brand new if they are seconds or second hand. Plus, enjoy a FREE 1-year. You are 100% allowed to take your own photos of your items and list them online. Copyright © 2021 Entrepreneur Media, Inc. All rights reserved. Search Filters Sort by Post an ad. In other cases, this warranty is modified, restricted, or replaced in some manner. When you buy low and sell high, that’s called arbitrage. With your current business model (buying retail and then reselling), you’ll have two levels of sales tax. Awesome! Why do it? Ads with pics. Generally, it’s not illegal to resell an item that you have legitimately purchased. Manufacturers tend to have little or no control over a product past the first customer they sell to. You might be able to pick up something at a good price outside its peak selling season, or buy items in bulk and sell them on individually. If you run this business not as an official reseller but as an "under the table" reseller without an arrangement with the manufacturer, you risk invalidating the warranties that they provide to the first consumer, but not to the customers to whom you’ve resold the goods. Alert. As a consequence, you can end up fighting a multi-front battle in which you are being sued for both counterfeiting and using protected trademarks to sell the counterfeit products. Records and Record Players. If you’re using manufacturers' logos to advertise the products you’re reselling, you need their permission. Looking forward to the process. 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