Can I resell goods purchased on a website when their browsewrap terms and conditions state "company does not sell to resellers"

Asked over 1 year ago - Menlo Park, CA

Hi, I want to buy a lot of items from a retail website and resell them, but their browsewrap terms and conditions state "company does not sell to individuals or dealers for the purpose of resale to others". It also says something along the lines of they reserve the right to limit quantities.

It's my understanding that I am in the clear with regards to copyright law due to the first sale doctrine, but would I be at risk of being sued based on breach of contract or anything else here?

Attorney answers (2)

  1. Answered . Breach of contract, interference with prospective business advantage, trademark violation,

    The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may... more
  2. Answered . In regard to their browsewrap terms you confirm with the terms or the penalties if you don’t comply with the terms? Are they set forth n the language? From what limited information you have given it sounds like they could stop selling to you in the future. Is there any indication of any damages or penalties if in fact you do resell? Unless you are buying millions of dollars of product I can’t image anyone is gong to get too happy and excited in regard to litigation if you are really not operating in the big leagues.

    If you have found this information helpful, please let the attorney know by marking best answer. Thank you.... more

Related Topics

Business litigation and breach of contract

A breach of contract means breaking a binding legal document by failing to satisfy the terms of the contract without a lawful reason.

Business

Business law covers topics such as business structures, common documents, business taxes and finances, insurance, real estate, and government regulations.

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