Legalities of re-selling store goods

moonpenny

Thank You everyone for your remarks, but am more confused then ever!

To get back to my question about soft toys (not Nike trainers) I bought said items reduced from £5 to £2 in one of their main stores, not an outlet. So you see, I couldn't buy them as cheap wholesale especially after I have paid VAT on them as well.

I wont be selling on ebay or anywhere like that, just locally where I live.

Should I cut the M&S labels off, or leave the name on?

LittleVoice

Sorry we got away from your original question but it has been exploring the principle, I think, though you are not proposing to sell on EBay.

I would leave the labels on (and I believe some of the information would have to be provided in any case - safety notices). It also gives potential buyers something by which to judge the quality on offer. If you partially removed the labels then I think you would diminish the offer.

No one has yet, as far as I can see on this thread, provided evidence that any company could prevent you doing this (although Paul has pointed up the need to keep evidence of your purchase, which you would have done anyway). You know and can prove that the items are genuine M&S.

moonpenny

Thanks LittleVoice,
Feel a bit clearer about it now.
Like you said, I think I will leave the labels on because of quality and safety assurance etc.
I have decided I will go ahead, and if there is any problem with it, then I will stop using the toys.

PrincessTaylor

Hello, i work for a company that sells M&S overmakes mainly (and also other brands). I don't know the legal ins and outs but as far as i can see as long as you deface the logo so it cannot be returned to M&S for a refund then i don't see a problem

moonpenny

Never thought the goods might be returned. It seems a shame to deface the name but I suppose better safe than sorry.

maxheadroom

A locla discount store near me that buys end of lines from the likes of home base and bandq just puts black marker pen through the store name or put one of those impossible to remove security stickers over them this seems to work for them.

Saw it in the 99p store earlier in the year where they were selling boxes of bandq fertiliser and they had just put the security stickers over the store name and pen through the bit saying to sent it back to bandq if not happy.

No ideas of the legalities of this though

moonpenny

Thanks all for your comments!

I sent an email to M&S explaining what I was doing and asked if they had any more reduced soft toys at their other stores that I could buy online.
They replied but coudn't find any more for me, so I guess if they didn't like what I was doing they would have told me!
Because of that, I think I am going to leave the labels intact.

moneypooh

moonpenny wrote: »

Thanks all for your comments!

I sent an email to M&S explaining what I was doing and asked if they had any more reduced soft toys at their other stores that I could buy online.
They replied but coudn't find any more for me, so I guess if they didn't like what I was doing they would have told me!
Because of that, I think I am going to leave the labels intact.

Further to this if you get an email from M&S actually stating that you are allowed to do this, it will give you more peace of mind in future. I would contact their head office direct. It's better to find out now rather than later. You could also ask the FSB (federation for small businesses), they help with all legal matters. www.fsb.org.uk .

good luck with your new venture

mercman1969

Not sure about labels but know for certain that you cannot for instance sell NEXT clothes hung on a Next hanger

My wife is a clothing retail manager and we recently did a car boot to sell some of our babies items....the labels were left intact and indeed hung on the original hangers.....once bought the item had to be removed from the NEXT hanger and placed in a bag

LittleVoice

mercman1969 wrote: »

Not sure about labels but know for certain that you cannot for instance sell NEXT clothes hung on a Next hanger

My wife is a clothing retail manager and we recently did a car boot to sell some of our babies items....the labels were left intact and indeed hung on the original hangers.....once bought the item had to be removed from the NEXT hanger and placed in a bag

If you believed that it was certain you cannot sell Next clothes hung on a Next hanger, why did you do just that? (They were sold, weren't they, before you took them off the hangers?)

However, could you say how you knew that you couldn't do what you did?