E-bay question--reselling clothes

[Vicky]

A friend was telling me that she knows a woman who buys clothes at places like Old Navy when they are on clearance for just a couple of dollars, then resells them on EBay.

It sounded like a good idea to me, but then she said that she actually thought it was illegal to buy retail merchandise with the intent of turning around and re-selling it online. Is that true??? It doesn't make sense to me, but I don't want to do anything illegal, so that I'd ask "the experts" here what they have heard.

And also, I'm sorry if this is something that has already been addressed...i went back through a few posts, but don't have time to read them all.

[LifeOfRylee]

I don't have the answer, but a LOT of seller's on ebay do this. So now I'm curious.

[momma2girls]

I have never heard it is wrong to do it and I hope that it's not because that's what I do. I buy things from Dillards, Gap and anyother place that has good markdowns and then resell them. I don't really see how it could be wrong because you paid what they were asking for it and it seems like by now somebody would have shut it all down because that's mostly what ebay is now. Does that make sense?

[momma2girls]

I wanted to say that I'm not saying just because everybody is doing it that it can't be wrong but that it seems like somebody would have stopped it by now. Just didn't want anybody to misunderstand me.

[Iwanttobefrugal2]

Why would this be any different than buying clothes wearing them once, and them selling them. Or intending to buy them to wear, not getting to because the kids grow too fast, then selling them.

I can't imagine it eligal. Its the American way.

[ncox]

I actually know the answer. I have been right in the heat of the moment many times. Gap says that it is against the law to resell and item purchased from there store new or used ...get this ... on online website, flea market. your own garage sale etc... Even if you wore it 2 years and want to sell it for 50 cent they try to tell people that it is against the law. If you are an employee you will lose your job if you are found to sell used item from your gap wardrobe. Sounds silly..... Well let me tell you there is a man and woman who work for Gap security and they go to local markets and garage sales and hastle people for re-selling gap items. I live in a tri-state area and this man was asked to leave the market property in all 3 states for giving me a hard time.

Bottom line. Where I buy mint condition Gap items new with tags has a store policy...NO Returns...All sales final. I am not a or friend or family member of a Gap employee. They have right to there logo. They bully people who don't think about it. But I think. This is america. When i buy the item it is my property. I can not steal there pictures or logo but I own that item.

I had the Gap employee removed from the market because once paying a space rental fee that space became my property. He was trespassing and told to leave.

Just remember you do not have to answer questions to the cashiers of stores why your buying several item on clearance. If you buy 30 of the same item for 1.99 some may wonder but for all they know you are just going to give to the needy.

If you make $20 -$30 extra dollars and are able to spend the time making money while spending time with family then I would not care what the Gap says. They do not pay my bills.

[GiddyMoon]

FYI, ebay is cracking down hard on fake merchandise and many times they crack down on people who should not be cracked down upon..secondly, MANY stores are really pushing the VERO rights button because they see so many people scooping up large amounts of clothing and making a profit on ebay, plus fakes that make their company name look bad. Third, clothing / shoes has the worst sale rate on ebay. A VERY small percentage of clothing and shoes sell on ebay and most for amounts that only make Paypal and ebay money. If I can give one piece of advice to stay at home moms trying to make money online, is that your time is worth something and research is VITAL to online sales. Wishing something will sell is very different than the actual sales rate.

[Dellzip]

Yes they have been really cracking down, I have noticed a large number of fake purses are no longer on...

[NikAnthonysmom]

I regularly sell my boys' Abercrombie and American Eagle clothes on eBay. I usually reap about 50-60% back from what I paid for them, plus my kids wore them for at least a year, if not longer.

[Babydealshopper]

OKay this just happened to me. I get shopping syndrom when I am prego and I find great deals, whether that be free crap by way of unusual coupons LEGIT coupons or shopping on ebay...

anyways whatever I also get into legal hassel with these people because my deals are to good. I am not a computer freak I know nothing I DO KNOW HOW TO SHOP online.

not my fault.

I bought 25 nursery bedding sets from ebay.
I listed them on amazon.com for way less than everyone else but enough to cover my buying addiction and coming out even. or 20.00 more the richer.

So I get a phone call from the manafacturer? owner of the bedding line who happened to be the same people who sold me the bedding on ebay for way cheap...

They call and tell me I cannot list on amazon.

The company who sold me the bedding through ebay called me on Feb 3 2009 told me i cannot resell on amazon.com unless i raise my prices to match there online store price beyond-bedding.com (not what they listed on ebay.com)

Mrs. Jody Miller called and said she owns jojo designs, the bedding sets, and that since i am not her retailer/ seller I cannot legally sell these sets on amazon.com or on a garage sale nor on craigslist.org. I could sell them on ebay because her resellers dont care about what is sold on ebay but 3 people her reseller who she has contracts with have a problem and want me gone. (she said this) She said if I want to sell these on amazon.com I will have to go to her website (beyond-bedding.com) and match the prices from there or she would sue me. She doesnt want to have to get legal with me but she will if I do not comply.

I had not received any items from her yet and do not know why she shipped them to me knowing I am selling them on amazon.com.

Today i called her back to ask her to write a recap and send it in an email so I had clarification of what she was saying I could or could not do legally.
So I would not be confused or break her rules.

She was kinda upset and said this " I do not know what you need clarification about, you can't sell this stuff your not a retailer, I will sue you if you list the items."

So all I could say was send it in writing please.

So she sent me an email saying something completely different than the day before.

This is what she emailed to me

Dear Sir/Madam

We are the manufacture and intellectual rights owner for the JoJo Designs Brands of children's and baby products. You are selling these goods on amazon.com illegally, and you are not an authorized reseller or distributor on our products. Please refrain immediately from any resale or distribution activities to avoid any further action. We reserve the right to pursue all legal measures to protect our Intellectual Property and JoJo Designs Brand in the online and offline market places.

Thank you,

Steven Miller

President

JoJo Designs


Now my legally binding contract with them through ebay.com says nothing about reselling. They do not state I cannot resell on amazon or anywhere else, nor any price policies for reselling. nothing about reselling at all anywhere. so what now? I guess I will expect the cops to come instead of them saying coupons are something you get in the mail not online, they will say ebay is a fake auction site and I broke the law buying from them... right?

We will see i guess.

RRGGG however if you know the answer please send me one. lol. I am a good shopper and know my rights however the state I live in doesnt even know you can get coupons online.!!! good thing my lawyers do.... I am sending this to them as well... and the us government and antitrust gov.

[*ViCtOrIa*]

I actually know the answer. I have been right in the heat of the moment many times. Gap says that it is against the law to resell and item purchased from there store new or used ...get this ... on online website, flea market. your own garage sale etc... Even if you wore it 2 years and want to sell it for 50 cent they try to tell people that it is against the law. If you are an employee you will lose your job if you are found to sell used item from your gap wardrobe. Sounds silly..... Well let me tell you there is a man and woman who work for Gap security and they go to local markets and garage sales and hastle people for re-selling gap items. I live in a tri-state area and this man was asked to leave the market property in all 3 states for giving me a hard time.

Bottom line. Where I buy mint condition Gap items new with tags has a store policy...NO Returns...All sales final. I am not a or friend or family member of a Gap employee. They have right to there logo. They bully people who don't think about it. But I think. This is america. When i buy the item it is my property. I can not steal there pictures or logo but I own that item.

I had the Gap employee removed from the market because once paying a space rental fee that space became my property. He was trespassing and told to leave.

Just remember you do not have to answer questions to the cashiers of stores why your buying several item on clearance. If you buy 30 of the same item for 1.99 some may wonder but for all they know you are just going to give to the needy.

If you make $20 -$30 extra dollars and are able to spend the time making money while spending time with family then I would not care what the Gap says. They do not pay my bills.

this is the way i feel!!!

[fairygodmother]

I buy clothes all the tme to resell. I figure, one I pay for it, it is mine to do as I wish.

[JohnnyReynolds]

I used to buy clothes from amazon.com because they have free shipping on like, everything, but the only ones they had were being sold (at WAY marked up prices) by third parties.However I heard about AmazingWatcher.Com which is a free website that will “watch” items for you on Amazon and let you know when amazon has them in stock at regular retail price.

[lovemykids220]

Dear Babydealshopper and ncox.

I find your story quite compelling since I own a seasonal consignment sale and am involved with several consignment store owners, thrift store owners and NARTS (National Assoc of Resale and Thrift Stores) and even though this thread is a year or 2 old, I have to tell you I think that if what you are saying is true, then you would never be able to buy Gap, Jojo etc at any consignment store, consignment sale or thrift store. I always go with the big guns... the ones who have the lawyers... if it isn't posted on Kidtokid.com, onceuponachild.com or one of those major resale chains that they can not accept Gap, Jojo, etc for resale, then they are just blowing smoke.

Could you imagine if Ford said you can't resale a Taurus and you could only buy new cars? Or how would art appreciate if you can't sell it? They are full of hoohockey.

It would be worth it to check with a lawyer, but I believe that they don't have a leg to stand on. Last time I checked, there was no sign in the Gap store that says " you can not resell this merchandise, you must throw it away when you are done." I am not that familiar with how amazon works, but if you are not in violation of their terms of service, too bad for the person who sold it to you at a cheaper price.

[JOJO18]

It is legal to resell such items on ebay and other auctions- it is called a 'consumer to consumer business'. It is illegal to sell items that duplicate a trademarked logo- so selling fake gucci bags etc is illegal and that is why there has been a crack down on these type of sellers

[PreemiesBabies]

The Ebay is for reseller . You just drop the item you can find around your house and local their. Make sure that's not a million of others seller on it. You can beat others competition by good descripting and layouting.

Goodluck with EBAY