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Selling Free Samples on eBay - not happy with purchase
The only circumstances that someone would be breaching the conditions of receiving the product is if it said 'not for resale' and no other phrase is legally binding.
It is worth noting that the samples say 'not for retail', selling them by auction is legally not selling them by retail, and the company who issued them cannot do anything about it.
I have in front of me a premium brand face cream sample. The box says 'NOT FOR SALE' - the exact wording. As I mentioned before there is a section on ebay in health & beauty for 'sample size' items so ebay must condone it. The perfume & cosmetic houses could demand them not to be sold on ebay but I guess if it means people trying their brands and consequently leading to future 'full size' purchases/sales then I guess they won't be particularly bothered.
