Is it illegal to resell M.A.C?

[christinebezans]

I just started selling M.A.C pigment samples and got a message from someone saying that it is illegal, does anyone know if this is true?

I live in Canada so I am not sure if that makes a difference..

Thanks for your help.

-Christine

 

[gildedangel]

No it is not illegal, it is only illegal if it is fake MAC.

 

[christinebezans]

Thank you so much, I was worried, my stuff was purchased from the store the old fashioned way lol, but that kinda worried me cuz i am not too sure and I am new to it.

 

[coachkitten]

I know that ebay has rules against selling pigment samples but reselling MAC isn't illegal in anyway.

 

[christinebezans]

There's a disclaimer on the MAC website about not reselling products does that have anything to do with purchased products you think or is it speaking of something else altogether?

7. Purchase Related Policies
The products and services available on the Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. Please note that samples are subject to availability.

We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.

For additional policies related to orders placed through this Site (such as order processing, shipping and handling, Delivery Charges, Returns Policy & Procedure, Privacy Policy), click here.


Found it here:

M·A·C Cosmetics | Terms

 

[gildedangel]

It sounds like they would only cancel your order if you are ordering like, 5 pigments of the same color in 10 colors or something. I can't tell from the policy whether or not they can come after you post-purchase, they say you can't but they don't state that they will legally go after you. Naturally they don't want people selling their samples for profit, so they stick this legal clause in to make it sound like you would get in trouble, when it really doesn't explicitly say that. If they were going to really back it up, there would be no MAC on eBay lol.
You said before that you bought them from the store? Because that clause only really applies to orders from the website.

 

[christinebezans]

Yeah all my purchases were from the stores, so I guess that makes sense, its a relief to say the least, haha. I am trying to sell real stuff mean while people are selling all kinds of fake stuff out there! I didnt think it was a big deal because I am only doing it locally to start...I thought the same thing about ebay too, but I often wonder how they can control everything thats posted on there, the other day for example I saw someone had posted a auction for a sample...only one, lol...i wonder if they were just trying to see if it would work...

Anyway Thanks for all your help

Much appreciated

 

[gildedangel]

Ebay can search for keyterms of course! You can't put something listed as "ivory" for example; they will pull the auction after a day or so. They mostly search for really, really illegal things like that; they don't focus so much on makeup I don't think.

 

[II3rinII]

we get "do not sell to the person" emails all the time at the store. it will have the persons name and a reason like "suspicion of selling mac on ebay", some emails have even had lists of aliases and known associates. its crazy like theres some csi:MAC out there finding people reselling products. we also arent allowed to sell more than 5 items of the same sku to one person. pigments are a big deal and theyve been busting alot of ebayers because if you spend $19.50 on one pigment and then turn around and sell samples for $5.00 a piece youre making a significant profit on a product that you dont have the rights to sell. like if i turned around and sold my gratis, i could get in a lot of trouble. im just telling you what i know as an employee, to each his own and its a big world out there, so maybe you wont get caught, but i do personally know an ebayer who lost her pro-card cuz they found out she was selling samples. food for thought.

 

[maryphillips07]

i resell my pigments but not on ebay. i dont sell samples, its usually the whole jar with something in there, maybe not always full, but most of the stuff on ebay is fake anyways, so i try to stay away from there as much as possible =/

 

[LMD84]

Quote:

Originally Posted by II3rinII we get "do not sell to the person" emails all the time at the store. it will have the persons name and a reason like "suspicion of selling mac on ebay", some emails have even had lists of aliases and known associates. its crazy like theres some csi:MAC out there finding people reselling products. we also arent allowed to sell more than 5 items of the same sku to one person. pigments are a big deal and theyve been busting alot of ebayers because if you spend $19.50 on one pigment and then turn around and sell samples for $5.00 a piece youre making a significant profit on a product that you dont have the rights to sell. like if i turned around and sold my gratis, i could get in a lot of trouble. im just telling you what i know as an employee, to each his own and its a big world out there, so maybe you wont get caught, but i do personally know an ebayer who lost her pro-card cuz they found out she was selling samples. food for thought.

wow! we get emails about not serving certain named people too... but i never thought that a cosmetic company would have to dela with the same things! ours is to do with fraud though rather than selling on for profit.

thanks for the info.

 

[hello_kitty]

If you buy items at a CCO or with a pro card you are not to resell items, and can lose buying privileges if they feel you are reselling. Hence why they put in item number items and dollar amounts.

I've been booted out of a CCO under suspicion of reselling, even though I wasn't. All because I went in there like 3 times in 2 weeks because they had a lot of items I wanted. So there will be people/stores/whatever that will enforce this stuff.

 

[christinebezans]

I can see why they wouldnt want you too if you were using a PRO card, but what if your paying full price like everyone else? Just repackaging and selling....

 

[mariakyle123]

I think as long as you are not making a profit it's okay.

 

[erine1881]

yes, it is illegal to resell MAC products, either samples or in its whole. plain and simple.

 

[christinebezans]

Quote:

Originally Posted by erine1881 yes, it is illegal to resell MAC products, either samples or in its whole. plain and simple.

If thats the case I wonder why all the online stores that sell samples are allowed to operate when they clearly make a profit and are fairly well known.

 

[sleepyhead]

in US, you are protected by the exhaustion doctrine, so resale is legal unless
1. you have a contract/agreement that forbids you to do so (like when you become an employee or get a discount card or if the original purchase is "conditional sale")
2. individual reselling of this type of product is illegal in your state
3. product is obtained from illegal source (for example, stolen or counterfeit)
4. product is originally purchased from a state/country that doesn't honor first sell doctrine
5. product is sold to a state/country that doesn't honor the patent exhaustion

in other words, a regular customer reselling mac purchased from US counters/stores "as is" inside US is perfect legal

on the other hand, just because it's legal doesn't mean companies likes people to resell their product, and it's their right to refuse to sell to certain people

selling pigment samples can be very tricky though. not because it's resale, but for legal labeling/packaging requirements. although selling mac sample is not illegal, but it's illegal to produce copies of the labeling (copy right info), and it's illegal to sell without those labels

 

[lilibat]

Maybe this needs to be stickied, that's some heavy & important information.