Colleague discount - “You must not buy goods for resale”

Anteater23

I used to work for a company (around 2 years ago) and using the colleague discount I bought a tablet for personal use. It never even crossed my mind to sell the product but 2 years (I did not purchase it to sell it on) on circumstances have changed. 

Lots of people buy iPhones and then a few years later sell it on to put towards the new model. Is selling my product allowed? I didn’t buy it for resale, instead I bought it to use myself but now circumstances have changed.

Spank

This isn't your broken iPad is it?

Anteater23

Spank said:

This isn't your broken iPad is it?

Yep

Anteater23

In my eyes I did not “buy goods for resale” as that indicates that that was your motive at purchase. I just want to know where I stand.

cymruchris

Having worked in a major company's internal fraud department - I can assure you that buying something that you sell two years later is no issue at all. The reason for the rule - is to stop people buying things cheaply, and then immediately putting them on ebay for a profit. We used to uncover quite a network of colleagues that would buy the big ticket sale items the moment they were reduced, with their additional staff discount, and then onto ebay within the hour. It's to prevent this kind of activity that eats into a company profits. Yes the company wants to be generous and give a discount - but it doesn't want it to be abused. So after 2 years of buying a single iPad - and no longer working for them, nobody is going to come knocking on your door. 

DCFC79

I believe your free to sell it if thats what you need to do.

Anteater23

cymruchris said:

Having worked in a major company's internal fraud department - I can assure you that buying something that you sell two years later is no issue at all. The reason for the rule - is to stop people buying things cheaply, and then immediately putting them on ebay for a profit. We used to uncover quite a network of colleagues that would buy the big ticket sale items the moment they were reduced, with their additional staff discount, and then onto ebay within the hour. It's to prevent this kind of activity that eats into a company profits. Yes the company wants to be generous and give a discount - but it doesn't want it to be abused. So after 2 years of buying a single iPad - and no longer working for them, nobody is going to come knocking on your door. 

Thanks for your comment. I have sent the company a message and they told me I can “never” resell anything I buy. But I looked at the T&C and it doesn’t say that it says “you must not buy goods for resale”. I’m not trying to twist those words but imo that means something different - it indicates that your purchase intention was to resell.

elsien

I’d sell it. I agree with cymruchris. They’re trying to stop people buying new items at a discount and selling on shortly after.  They’re saying “never” because it’s easier than having a policy about when selling on is ok. 

It’s 2 years later, you no longer need it, they’re hardly going to be keeping tabs on broken items on eBay. 

68ComebackSpecial

If you are a former employee I can't see how they could enforce such a rule - it would be nigh on impossible even for an existing employee.

cymruchris

Anteater23 said:

cymruchris said:

Having worked in a major company's internal fraud department - I can assure you that buying something that you sell two years later is no issue at all. The reason for the rule - is to stop people buying things cheaply, and then immediately putting them on ebay for a profit. We used to uncover quite a network of colleagues that would buy the big ticket sale items the moment they were reduced, with their additional staff discount, and then onto ebay within the hour. It's to prevent this kind of activity that eats into a company profits. Yes the company wants to be generous and give a discount - but it doesn't want it to be abused. So after 2 years of buying a single iPad - and no longer working for them, nobody is going to come knocking on your door. 

Thanks for your comment. I have sent the company a message and they told me I can “never” resell anything I buy. But I looked at the T&C and it doesn’t say that it says “you must not buy goods for resale”. I’m not trying to twist those words but imo that means something different - it indicates that your purchase intention was to resell.

They wouldn't be able to stand up in court and say to a judge- 'this ex-employee who bought a single item two years ago has broken our 'you can't sell it ever' rule and we want them jailed'. It would be laughed out of court (realistically it wouldn't get there in the first place).

Go ahead and sell it - there'll be no repercussions from your ex-employer (with few exceptions - such as if the iPad was in fact stolen - that also happened a lot - special personal 100 percent staff discount - got a few of those in my time and up in front of a judge!)

Anteater23

cymruchris said:

Anteater23 said:

cymruchris said:

Having worked in a major company's internal fraud department - I can assure you that buying something that you sell two years later is no issue at all. The reason for the rule - is to stop people buying things cheaply, and then immediately putting them on ebay for a profit. We used to uncover quite a network of colleagues that would buy the big ticket sale items the moment they were reduced, with their additional staff discount, and then onto ebay within the hour. It's to prevent this kind of activity that eats into a company profits. Yes the company wants to be generous and give a discount - but it doesn't want it to be abused. So after 2 years of buying a single iPad - and no longer working for them, nobody is going to come knocking on your door. 

Thanks for your comment. I have sent the company a message and they told me I can “never” resell anything I buy. But I looked at the T&C and it doesn’t say that it says “you must not buy goods for resale”. I’m not trying to twist those words but imo that means something different - it indicates that your purchase intention was to resell.

They wouldn't be able to stand up in court and say to a judge- 'this ex-employee who bought a single item two years ago has broken our 'you can't sell it ever' rule and we want them jailed'. It would be laughed out of court (realistically it wouldn't get there in the first place).

Go ahead and sell it - there'll be no repercussions from your ex-employer (with few exceptions - such as if the iPad was in fact stolen - that also happened a lot - special personal 100 percent staff discount - got a few of those in my time and up in front of a judge!)

Thanks again. They have got back to and say that never can I resell even if used and 2 years old. The problem (i.e. the change of circumstances I had) is that my iPad had a manufacture fault and so I will probably be entitled to a replacement or partial refund? If I were entitled to sell my iPad then I would use the going price for my iPad on eBay as a means of asking for a fair refund. However if they say I’m not entitled to sell my iPad then they could be awkward and give me a terrible refund offer that could leave me £200-300 out of pocket just to buy a used exact replacement for my iPad on eBay. 

I really hope they are reasonable with me or can supply a replacement (you can’t buy it in the shop anymore as an older model)