Home – New Forums Marketing mastery Not for resale law in Australia

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  • #988071
    Brooksy
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    Hi Everyone,
    I urgently need advice from someone who knows the law here with items stamped NFR.
    I am currently with a party plan company from the US. They don’t seem to be able to answer any of us here in Australia as to if we can buy our product from them at the wholesale price and then sell that product at a market or fete. We know we can’t sell from a retail outlet or a permanent fixture.
    Can anyone please help and give us some “real” advice on that law please.

    This is urgent, as we are losing members of our teams leaving due to that so called “law”.

    I would really appreciate some help..

    cheers
    Brooksy

    #1165488
    vanessa@legal123
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    Hi Brooksy

    It normally means “Not for Resale” and it is set by the company who is originally selling the product because they have provided the products/goods for personal use only rather than commercial. Commercial resale would normally include any sale to the public, whether from a shopfront, online or at a market.

    I would suggest going back to the company who is providing the goods to see if you can manage a deal with them to be a re-seller of their products. Just ensure you also check any import laws here for the states you are importing for sale as some products (food, firecrackers etc) are banned or have restrictions that require quarantine etc.

    Not sure this answers your question but hope it helps.

    kind regards
    Vanessa

    #1165489
    JohnW
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    Hi Brooksy,
    I believe some one needs to pay for legal advice on this one.

    I am NOT a lawyer.

    You may be in a situation where Australian state laws could apply as well as federal.

    Also, do you have a commercial agreement with the USA party plan company?

    If so, they probably state that the agreement is subject to the the laws of a specific USA state.

    You may want to run any agreement between you and the supplier by a lawyer. Such an agreement probably addresses who is responsible for what.
    Regs,
    JohnW

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