Re Selling Branded Products in Australia

Hi everyone

Hope you are well.

I am hoping someone can provide me some guidance - I already have an eshop where I sell items I create (electrical engineer). So if I buy a branded product from aldi or even Woolies can I re sell it online through my own website? Could I have any legal issues? If I take a photo of the product and just use the name and it's specs is this Ok?

Thanks

Comments

  • So if I buy a branded product from aldi or even Woolies can I re sell it online through my own website? Could I have any legal issues?

    there could be an ip issue.

  • Might be a problem if it is a big part of your business. If you are just using your e-shop to get rid of a couple of unused items, then probably not. At the end of the day most retail businesses are just buying someone's stuff and selling it, just like you would though.

  • There are also a couple of things that may not make it worthwhile:
    If you're buying at retail prices and selling at retail prices, you won't make much money, even if you buy on special and sell at RRP. If you're buying overseas and selling local it may be a different matter.
    I don't know what warranty issues you will face, however I assume if you are selling on an AU based website you are liable for warranty servicing. If you onsell then the original store/supplier likely won't deal with any issues. As an electrical engineer you may be able to fix it yourself, but you are then responsible for any damages (fire/electrocution etc) that may occur by the user - how do you prove something you fixed didn't cause the fire rather than misuse?.
    If you're a non-authorised reseller you may face legal action from the suppliers (I assume it would start with a cease and desist letter), but that would depend on how big a seller you turn out to be (similar to as Euphemistic said).

    • Thanks for the response, you have some really good points there . Do you think this is legit?
      https://www.justanswer.com/australian-law/29akw-hii-wish-res…

      • I don't think you want to get business advice from a site like that, it's too generic. Same as here really, however at least here we have brought up some things to investigate.

  • +1

    I am well, thanks for asking.

  • I've never had a problem reselling branded products on sites like eBay.

    • That is true, I wonder if ebay is different though.

      Thanks for the answer mate

  • Hope you're prepared to honour the 12 month warranty?

    A consumer can enforce this with the retailer or manufacturer and you have no right to order them to go back to the manufacturer.

    • Hope you're prepared to honour the 12 month warranty?

      this shouldn't be an issue. faulty items may be returned to op which then can be returned to the supplier. they repair it and ship back to op. op ships the item to the buyer. there is nothing to it.

      • Yes, I understand how that works, but is OP prepared to do this?

        I've had several dodgy retailers refuse point blank. Consumer Affairs fixed that though.

        • Yes, I understand how that works, but is OP prepared to do this?

          Op is trying to setup a legitimate online business. Of course op is prepared to honour warranties.

  • up

  • I see no problem reselling items. You would have to have a second hand dealers licence and of course mention that the items are second hand/ as-new ( because they are not new).

    • I wonder if I can get some legal document saying there is no issue. hmmm

      • Stores selling second hand items have a second hand dealers licence, look that up and it might explain and have documentation.

    • You would have to have a second hand dealers licence

      Not in the state of nsw unless required be the second hand dealers act.

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