FS: NEW/Sealed Samsung Galaxy Buds White

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Box clearly shows these are not for resale. I got busted here once for that. :(
 
Not for resale has no legal weight in the US... this has been upheld repeatedly by the Supreme Court. First sale doctrine means that after you buy a physcial item you have the right to do with it as you please including reselling it. This has been upheld in many different court cases including with textbooks marked "not for sale in the US" and Disney movie codes when RedBox sold the digital codes paper slips. The only exception is if you have a contract with the company not to resell. Its been repeatedly upheld that a mere sticker is insufficient to establish that. By contrast, courts have found that companies can restrict resale if the object is wrapped in a more detailed contract that says something like opening this seal constitutes an acceptance of said contract otherwise return for a full refund. Without offering a refund for the object and a more detailed listing of terms, a not for resale sticker has no legal force.

Pretty sure that the forum rules refer to not for retail software which is different because it is a licence and not a physical object so the first sale doctrine does not apply. (7. No sale of NFR or Academic software. OEM software must be sold/traded in accordance with the terms of that software...) This should be fine.
 
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GreenOrbs said:
Not for resale has no legal weight in the US... this has been upheld repeatedly by the Supreme Court. First sale doctrine means that after you buy a physcial item you have the right to do with it as you please including reselling it. This has been upheld in many different court cases including with textbooks marked "not for sale in the US" and Disney movie codes when RedBox sold the digital codes paper slips. The only exception is if you have a contract with the company not to resell. Its been repeatedly upheld that a mere sticker is insufficient to establish that. By contrast, courts have found that companies can restrict resale if the object is wrapped in a more detailed contract that says something like opening this seal constitutes an acceptance of said contract otherwise return for a full refund. Without offering a refund for the object and a more detailed listing of terms, a not for resale sticker has no legal force.

Pretty sure that the forum rules refer to not for retail software which is different because it is a licence and not a physical object so the first sale doctrine does not apply. (7. No sale of NFR or Academic software. OEM software must be sold/traded in accordance with the terms of that software...) This should be fine.
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Just as an FYI the sticker is not for the consumer, but the distributor that is getting these by the pallet for retail distribution as opposed to for b2b distribution. Sometimes both types of items are identical except for the sticker so it is a way to keep the inventory separated. (y)
 
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