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Issue selling items privately online

  • 27-01-2011 5:35pm
    #1
    Registered Users, Registered Users 2 Posts: 1,673 ✭✭✭


    Most of us have used websites such as dondeal, eBay, adverts etc to sell items.

    Does anyone who has distribution rights for a particular product have any recourse as regards a private individual selling one of their products? i.e. asking for an ad to be removed. Thanks.

    K.


Comments

  • Registered Users, Registered Users 2 Posts: 4,104 ✭✭✭3DataModem




  • Closed Accounts Posts: 240 ✭✭NWPat


    More info needed here I think. What product? what rights? Where being sold? new or second hand? etc. etc etc.


  • Registered Users, Registered Users 2 Posts: 1,673 ✭✭✭kkelly77


    NWPat wrote: »
    More info needed here I think. What product? what rights? Where being sold? new or second hand? etc. etc etc.

    Can be any product. Bought originally new by a private individual and then that individual wanted to sell the product on one of the above mentioned sites. Not selling a product en mass for profit.


  • Closed Accounts Posts: 240 ✭✭NWPat


    3DataModem wrote: »


    Or maybe No. Distribution rights are not the same as intellectual property rights.


  • Closed Accounts Posts: 16,713 ✭✭✭✭jor el


    When you sell on any website, you do so at their discretion and their rules. If they want to remove your listing because of a complaint, then right or wrong (from your point of view), they can do it.


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  • Closed Accounts Posts: 240 ✭✭NWPat


    kkelly77 wrote: »
    Can be any product. Bought originally new by a private individual and then that individual wanted to sell the product on one of the above mentioned sites. Not selling a product en mass for profit.

    I am no expert, but I think it would be hard to stop someone from selling anything second hand. Try asking the site to remove add, the worst thing could be they say no.


  • Closed Accounts Posts: 1,383 ✭✭✭91011


    Once the product is a genuine product and not a fake and is being sold within the european union, then there's very little you can do under the free market legislation.

    The only way is to go to the manufacturer of that product and ask the manufacturer to implement their own criteria.

    And then the manufacturer can only deal with their other distributors.

    However, someone who buys off for example the UK distributor and gets delivery to Newry and dispatches to other Irish addresses from Newry ona private sale or even busness sale basis, can't really be touched.


  • Registered Users, Registered Users 2 Posts: 33,518 ✭✭✭✭dudara


    Moved to Online Buying & Auctions

    dudara


  • Registered Users, Registered Users 2 Posts: 3,108 ✭✭✭RachaelVO


    They can't stop you selling something second hand. The item is yours, and once it says it in the description that it's second hand or used or what ever the condition is, it's yours to sell.

    If however you are selling it as brand new as opposed to "almost new" you could come in to difficulties if an official distributer makes a complaint. They will really only make a complaint if you have more than one item for sale. They may find it a bit dubious. In most cases you will find that happens with designer clothing and stuff.

    It's unlikely you'll encounter a problem, you are entitled to sell something you own. Sites like ebay will usually clamp down on accounts that they think are selling counterfeits.

    Go ahead and sell your item, you don't have too much to worry about!


  • Registered Users, Registered Users 2 Posts: 1,673 ✭✭✭kkelly77


    RachaelVO wrote: »
    They can't stop you selling something second hand. The item is yours, and once it says it in the description that it's second hand or used or what ever the condition is, it's yours to sell.

    If however you are selling it as brand new as opposed to "almost new" you could come in to difficulties if an official distributer makes a complaint. They will really only make a complaint if you have more than one item for sale. They may find it a bit dubious. In most cases you will find that happens with designer clothing and stuff.

    It's unlikely you'll encounter a problem, you are entitled to sell something you own. Sites like ebay will usually clamp down on accounts that they think are selling counterfeits.

    Go ahead and sell your item, you don't have too much to worry about!

    I'm of the same opinion if you are a private individual just looking to sell something you bought legitimately. The website in question take an opposite view unfortunately and have already removed my ad. :rolleyes:


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  • Registered Users, Registered Users 2 Posts: 3,108 ✭✭✭RachaelVO


    kkelly77 wrote: »
    I'm of the same opinion if you are a private individual just looking to sell something you bought legitimately. The website in question take an opposite view unfortunately and have already removed my ad. :rolleyes:

    Some sites just think that they are just far too important, and if it's ebay, unfortunately they are right, that's you're biggest market. Anywhere else you can try? Are they looking for proof that the item is actually yours? If you can prove that they should have no difficulties. I do know that ebay has clamped down on some brands so other sites may have too. They got taken to court and lost about 4ish years agon in France!


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