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MDLaw
MDLaw, Attorney
Category: Business Law
Satisfied Customers: 6133
Experience:  Experience in business law, contract law and related matters.
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Hi, we have a question related to the using of an online store

Resolved Question:

Hi, we have a question related to the using of an online store website. On the website, it has Terms & Conditions:
".. Members are not permitted to purchase products for the purpose of resale or to ship to their customers or potential customers. "

However, we want to resell the things we bought on the website. The question is what is the legal consequence of violating the "Terms & Conditions" of a online company? How severe is it?

Thanks!

My email [email protected]
Submitted: 5 years ago.
Category: Business Law
Expert:  MDLaw replied 5 years ago.
The legal consequence would be that they could sue you. It is a contract just like any other contract. It is no different just because it is online.

Please let me know if you need any clarification. Otherwise, please remember to hit the green ACCEPT button as that is the only way that we experts get compensated for our time, expertise, and research. We do not get paid by the website and so we rely on customers to honor the honor system and accept our responses so that we can continue to provide this service to people such as yourself. When leaving feedback, please also remember that we experts do not make the laws. We only report what the laws are and so please do not shoot the messenger.
Customer: replied 5 years ago.
if they sue, what would be the consequence? how much fine? or how many years in prison? or what? can you give the exact numbers of the upper limit? is there a time limit that they can sue you on? for example, if I voilated it 10 years ago and stopped 9 years ago, can then still sue me now? or they can still sue you forever? thank you.
Expert:  MDLaw replied 5 years ago.
It would be a breach of contract and so damages would be what they are out as a result of your breach, i.e. they could sue for the money that you made reselling their product. Breach of contract is civil, not criminal. There are no exact numbers since I have no way of knowing what your profits are at X period of time, etc. Yes, there are time limits to sue for breach of contract. It depends on what state governs the terms and conditions.

Please let me know if you need any clarification. Otherwise, please remember to hit the green ACCEPT button as that is the only way that we experts get compensated for our time, expertise, and research. We do not get paid by the website and so we rely on customers to honor the honor system and accept our responses so that we can continue to provide this service to people such as yourself. When leaving feedback, please also remember that we experts do not make the laws. We only report what the laws are and so please do not shoot the messenger.
Customer: replied 5 years ago.
will they also ask for extra money other than the profit you made? what is the time period in TX and WA? thanks.
Expert:  MDLaw replied 5 years ago.
They can ask for any monetary damages they have suffered as a result of your breach.
The statute of limitations for a breach of contract in TX is 4 years. In WA, it is 6 years.


Please let me know if you need any clarification. Otherwise, please remember to hit the green ACCEPT button as that is the only way that we experts get compensated for our time, expertise, and research. We do not get paid by the website and so we rely on customers to honor the honor system and accept our responses so that we can continue to provide this service to people such as yourself. When leaving feedback, please also remember that we experts do not make the laws. We only report what the laws are and so please do not shoot the messenger.
Customer: replied 5 years ago.
Thanks for your further reply! They are helpful.

Are "any monetary damages they have suffered as a result of your breach" only including the profits they lost due to our breach of terms?

Besides these, will there be any extra fine as penalty?

Thanks a lot!
Expert:  MDLaw replied 5 years ago.
Yes, they can sue for the profits. That is what I was stating in my initial answer to you. They can only get extra damages if a statute allows for it.


Please let me know if you need any clarification. Otherwise, please remember to hit the green ACCEPT button as that is the only way that we experts get compensated for our time, expertise, and research. We do not get paid by the website and so we rely on customers to honor the honor system and accept our responses so that we can continue to provide this service to people such as yourself. When leaving feedback, please also remember that we experts do not make the laws. We only report what the laws are and so please do not shoot the messenger.
Customer: replied 5 years ago.
Yes. I knew you said that. However, it is still not clear. Will a statute allow them to get extra damages? Will we be fined extra money as penalty which is not paid to the company but may be paid to the government? Thanks!
Expert:  MDLaw replied 5 years ago.
No, if the company sues you, the damages would all be paid to them if they win. In a breach of contract case, all damages connected to the breach are recoverable by the plaintiff.

Please let me know if you need any clarification. Otherwise, please remember to hit the green ACCEPT button as that is the only way that we experts get compensated for our time, expertise, and research. We do not get paid by the website and so we rely on customers to honor the honor system and accept our responses so that we can continue to provide this service to people such as yourself. When leaving feedback, please also remember that we experts do not make the laws. We only report what the laws are and so please do not shoot the messenger.
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