can I use Samsclub to resale items for profit. Is this legal?
I һаνе a business account аחԁ resale certificate οח file wіtһ Samsclub, bυt I ɡеt calls occasionally frοm manufacturers wanting tο know wһу I аm selling tһеіr products οח mу website. Iѕ іt legal fοr mе tο υѕе Samsclub іח tһіѕ manner? I always tһουɡһt іt wаѕ ok. I mean, isnt tһаt wһу Samsclub һаѕ mу resale certificate οח file аחԁ I аm set up аѕ a business wіtһ tһе state? someone јυѕt etll mе іf I аm rіɡһt οr wrοחɡ here??
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No you can not legally buy things from Sam’s Club and then resell them.
Unless you have a contract with Sam’s Club that prohibits resale, once you own a thing, you can sell it. The inquiries might be due to your using another company’s trademark or copyright.
You can resale anything you want to from Sam’s or anywhere else for that matter. That is why you have a resale certificate on file.
My *OPINION*… you are legally in the right – unless the product you purchase has the “Not for Resale” label on it. Reselling that would technically be illegal. There are also other products that are not legal for resale – outside of certain restricted circumstances. OEM items come to mind.
There are also certain products that can only be sold by licensed dealers, and in some cases, State Licensed and Regulated dealers. If one of the products you are reselling requires you to be licensed (either as an “Official Dealer” or through the State), you may want to do that if you want to continue selling those items.
There is also the consideration that with some items, the person *you* sell it to will have no warranty should the product break/be damaged or non-functional, as many items warranties can stay with the original seller.
In any case, since we don’t know where you live, and laws are different from jurisdiction to jurisdiction…go see a Lawyer who specialises in Commercial Law in your area and find out. It’ll probably cost you a couple hundred at most, and will give you peace of mind, and the ability to thumb your nose if someone objects.
Incidentally…the companies contacting you, as someone else pointed out may have to do with you using a licensed image. If that is the case, you’ll have to take your own photos instead of using an electronic image gleaned from the internet or scanned from a flyer.
Good Luck!