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Juliana, Attorney
Category: Legal
Satisfied Customers: 1651
Experience:  23 years of experience; former prosecutor, magistrate, child support attorney
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Is it legal to re-sell clothing such as GAP, Banana Republic,

Resolved Question:

Is it legal to re-sell clothing such as GAP, Banana Republic, XXXXX XXXXX etc. online with tags that were purchased from wholesale lot? Or do I need a vendor license to legally sell these clothing online?
Submitted: 5 years ago.
Category: Legal
Expert:  Juliana replied 5 years ago.



Thanks for your question.


Since you will be selling online, rather than from a storefront, you will not need a vendors license. You will, however, need to get a resellers permit (or resale license) to avoid paying sales tax on items you are going to resell. to obtain a resellers license, you will first have to enroll with your state tax department, which will entail getting a sales tax ID number. Most wholesalers will ask for your sales tax ID number or resellers license before they sell you their goods, as they are legally obligated to make sure you will be collecting sales taxes from your customers in the end.


Also, as a final note, please make sure you are purchasing these designer items from a legitimate supplier, and be sure to obtain the proper documentation from them, such as certificates of authenticity, in the event that you'd ever have to prove to your customers that your products are authentic, and that you are not selling imitations.


Hope this helps.


Customer: replied 5 years ago.

My question was not about how to setup a business. I already have a tax id, insurance and LLC in place. My question was for a specific brand such as GAP, Banana Republic and XXXXX XXXXX etc. clothing that are not found in the general department stores but are sold exclusively in their own stores bearing their names. I do not want to be sued for not having a legal agreement from these stores even though the clothings were purchased from a liquidation company that has mixed lot.


Can I legally resell these brands online without having a vendor license(authorized re-seller agreement) with these companies?

Expert:  Juliana replied 5 years ago.

Thanks for the clarification. I apologize for the delay in getting back to you. I'm on Eastern Time, and I had already gone to bed when your message came in.


When you said "vendor's license," I thought you were referring to the license you would need to legally sell items at a fixed location. Your local government officials, e.g., county auditor's office, would issue a vendor's license, not the merchants themselves.


At any rate, you do not need to have permission from Ralph Lauren, or GAP, or Banana Republic, or any other name brand manufacturer to purchase their products wholesale and then resell them. So long as you are purchasing the items from an authorized wholesaler (who must have permission from the manufacturer to sell the products) what you are doing is perfectly legitimate, and you need no permissions.


Again, the reason for using an authorized wholesaler is to ensure that the products are legitimate and not knock-offs, since it is necessary for the wholesaler to have first obtained the manufacturer's authorization to sell/resell its products.


Hope this helps.





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Customer: replied 5 years ago.
Thanks have a wonderful day... Smiletitle="Smile" width="18" height="18"/>
Expert:  Juliana replied 5 years ago.

Thanks, and same to you! And, good luck with your business venture!