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Joseph
Joseph, Lawyer
Category: Legal
Satisfied Customers: 4503
Experience:  Attorney with significant and substantial experience in multiple areas of law.
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I purchased a large quantity of MakeUp by Urban Decay, through

Resolved Question:

I purchased a large quantity of MakeUp by Urban Decay, through UD and their Authorized Sellers. I was selling these items on Amazon and EBAY until yesterday,when Amazon removed my items per UD demand. In the mean time there are still many, many Sellrs on both sites still offering these items. I contacted UD and was told they would sue me if I sold their products. Is this legal? I paid for these items, I do not promote myself as an associate of UD, or in any way having any connection with UD. I asked why ONLY my items were removed, but cannot get a straight answer. Thank you!
Submitted: 6 months ago.
Category: Legal
Expert:  Joseph replied 6 months ago.
Hello,

I'm sorry to hear about your situation and hope I can help.

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

I need a bit more information from you before I can proceed to provide you with a complete and thorough answer to your question.

Are the products that you are selling new, unopened, and in their original manufacturer's packaging?

Were you informed of the reason why your listings were taken down?
Customer: replied 6 months ago.

Hi Joseph,


 


Thank you. I sell brand new unopened items that are purchased from the company.


 


I was told that Urban Decay had requested the removal. But, there are several other people still selling UD products. Amazon gave me a runaround when I questioned them, telling me that all the other sellers had obtained permission, I KNOW that this is untrue.

Expert:  Joseph replied 6 months ago.
Hello Linda,

Thank you for the additional information. I will look into this and get back to you shortly.
Customer: replied 6 months ago.

Hi Joseph, I just looked again and I see Amazon has removed another of my items from a different company, but other sellers are still selling that item. I pay Amazon $39. a month for selling space plus they take a commission. I am really at a lost.

Expert:  Joseph replied 6 months ago.
Hello Linda,

Do you happen to have the terms of the contract that you have with the other company?

Did they tell you why they took down the other items as well?
Customer: replied 6 months ago.

I do not have a contract, I pay a fee to list, and I do not list items that they prohibit. Same story, but I notice that they, Amazon, is selling the item as well.

Expert:  Joseph replied 6 months ago.
Thanks.
Customer: replied 6 months ago.

We are constantly innovating on behalf of our customers and working with manufacturers, content owners, vendors, and sellers to improve the ways we detect and prevent counterfeit products from reaching our marketplace. We work hard on this issue every day because we know that our customers trust that they are buying authentic products when they shop on Amazon.com. This is why we stand behind the products sold on our site with our A-to-z Guarantee. We also encourage anyone who has a product authenticity concern to notify us, and we will investigate it thoroughly and take any appropriate actions.

Expert:  Joseph replied 6 months ago.
Hello Linda,

It appears that they are under the belief that you aren't selling authentic items. This is possible even if you purchased them from a retailer.

Unfortunately, absent a contract that sates otherwise, Amazon would have reserved the right to take down listings for whatever reason. You could definitely receive the money back that you have paid to them for the listing fees for this month since they have taken down your listings, but other than that I'm afraid you don't have any legal options.

The most you can do is to protest the removals, which you have done. Amazon also does prevent the resale of certain items, and does have tough protections on the sale of makeup especially.

I hope the above information is helpful.

Please let me know if you have any clarifying or follow up questions as I want to ensure that you are completely satisfied with my service. Please contact me first if you are contemplating leaving me a negative rating, as I’ll be happy to continue to address your concerns until you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get credit for my work. Please also rate me highly (9-10) when you receive your customer satisfaction survey as well.

Thanks and best of luck!

-Joseph

Customer: replied 6 months ago.

Hi Joseph,


 


I bought my items directly from the company, and I have the receipts to prove this. If they are telling me that people need "permission" to sell, while there are a ton of sellers on there still selling, and I know they did NOT get any official permission. They told me authorization had to be obtained from the maker. Urban decay told me that they do NOT authorize individuals to sell their products. My question is what rights do I have, having purchased the products, to resell them? If I had bought a GM car and decided to resell would I need GM permission?

Expert:  Joseph replied 6 months ago.
Urban Decay, unlike GM, has a specific policy that states that you cannot resell their products purchased from them, which you can find here:

'The unauthorized reselling or distribution of Urban Decay products is prohibited. Orders placed with the intention of exchanging money for product, are against Urban Decay company policy. We have alerts in our system setup to identify such orders. Urban Decay reserves the right to cancel any order, without prior notification to the customer. Obtaining a MyUS membership does not bypass this company policy. If you would like clarification on whether your order is considered “reselling”, please feel free to contact Customer Service (see contact information below).'


http://www.urbandecay.com/international/international.html

and:

terms of use:

'We sell our Cosmetics for your personal or commercial use, but you may not resell the Cosmetics.'

http://www.urbandecay.com/terms-of-use/terms.html

When you purchase products from them you agree to their terms of use and policy, so it is enforceable, unfortunately.




Joseph, Lawyer
Category: Legal
Satisfied Customers: 4503
Experience: Attorney with significant and substantial experience in multiple areas of law.
Joseph and 7 other Legal Specialists are ready to help you
Expert:  Joseph replied 6 months ago.
Also keep in mind the reselling of tickets, which is not only enforceable but a crime, 'scalping ticket.'

All things that can be purchased are different in whether reselling them is allowed.
Customer: replied 6 months ago.

ONLY if they are sold for mor

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