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

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


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 analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also terms and conditions item 9, incorporated as if it was reprinted here.

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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. This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client relationship by providing said information to you on this site. Nothing contained herein is intended to constitute, offer, induce, promise, or contract of any kind. The content provided is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Law Offices of John N. Kitta makes no representations or warranties of any kind with respect to its answer to inquiries, and such representations and warranties are being expressly disclaimed. Given limited facts, we are attempting to share relevant information concerning this area of the law as a public service.

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