Tagged 2nd hand clothing.

[eastmids2007]

Hi. We will be opening a second hand clothing shop in the uk, very soon. We buy a lot of our clothes off the general public. Often they have clothing, which they have bought or been gifted, that is still tagged and unworn.

Obviously, we ask for photo ID before buying anything from the public to cover ourselves against being sold stolen or counterfeit goods.

Are we allowed to sell second hand clothes with the tags still on? Can we leave on both the designers tag and the store price tag, or do we need to remove them by law?

Of course we would rather leave the tags on as it helps with selling the item, but we need to be clear of our legal position. I am aware that some top designers only allow the sale of their goods from licensed retailers who have paid a huge fee.

Hope someone can help. I have to say that I regularly go into charity shops and can't remember seeing anything still tagged.

 

[MrsPWN]

If it is any help I used to buy many clothes from a similar store and they always cut the tags out BUT they were selling them new.

 

[eastmids2007]

If it is any help I used to buy many clothes from a similar store and they always cut the tags out BUT they were selling them new.

thanks, is that both tags? did they keep the tags to show customers, or is that illegal too? how would you go about making the item as attractive as possible to buyers, while remaining within the law?

of course, every ebay seller keeps the tags on. Does that not put ebay in any sort of legal position?

thanks again.

 

[MrsPWN]

I am by no means anything legal but I can't really seewhat the problem would be leaving the manufacturers label on, it's not as if you are claiming you masde them. They always left a bit of the tag on, and those savvy enough could always tell the maker by the shape and colour of the 5-6mm left behind.

Hope someone gives you your answers soon.

 

[eastmids2007]

interesting. i wonder if the law is clear on this. tk maxx often sell drastically reduced 'seconds', damaged clothing with the tags still on. of course they will be fully in agreement with the designers though.

 

[deniser]

I don't the issue would be with you selling the goods to the public. Nor with the public selling them them to you.

The problem lies with a retailer selling their stock on to you. I, for example, buy from a certain Spanish supplier and in the terms and conditions, it states that I am only allowed to sell to the public; I am not allowed to sell to another store.

This is so that the brand can control who is selling its stock so as not to devalue the brand. A designer label wouldn't want to be sold in a discount shop etc.

I think TK Maxx is not doing anything wrong and gets its stock from manufacturers as well. A lot of the stuff comes also from shops which are closing down who wouldn't care if the brand stopped supplying them.

 

[eastmids2007]

I don't the issue would be with you selling the goods to the public. Nor with the public selling them them to you.

The problem lies with a retailer selling their stock on to you. I, for example, buy from a certain Spanish supplier and in the terms and conditions, it states that I am only allowed to sell to the public; I am not allowed to sell to another store.

This is so that the brand can control who is selling its stock so as not to devalue the brand. A designer label wouldn't want to be sold in a discount shop etc.

I think TK Maxx is not doing anything wrong and gets its stock from manufacturers as well. A lot of the stuff comes also from shops which are closing down who wouldn't care if the brand stopped supplying them.

i agree. i just find it odd that charity shops don't have items with the designers tags. they must get plenty of donations in, still tagged and unworn. they must be removing them, presumably because of the law.

 

[yorkshirejames]

I would be interested to know what laws are supposed to apply?

Under normal legislation, lets say that an intermediary has bought some clothes from Lacoste in Switzerland, and you have bought from the intermediary.

UNLESS a contract between you and the intermediary restricts your use, then you can do what you want with these items. The obligation is on the intermediary to inform you of any restrictions. Any legal claim Lacoste have is against the intermediary not you.

That is unless anyone knows of some specific piece of legislation.

 

[eastmids2007]

I would be interested to know what laws are supposed to apply?

Under normal legislation, lets say that an intermediary has bought some clothes from Lacoste in Switzerland, and you have bought from the intermediary.

UNLESS a contract between you and the intermediary restricts your use, then you can do what you want with these items. The obligation is on the intermediary to inform you of any restrictions. Any legal claim Lacoste have is against the intermediary not you.

That is unless anyone knows of some specific piece of legislation.

Thanks. I wonder if the reason that charity shops don't keep tags on is because they have not bought the items? In fact they have probably just found them dumped outside their front door in a bin bag with no documentation.

 

[deniser]

I don't think charity shops have new stuff do they? Certainly not where we are, the only one with new stuff is Save the Children and I suspect it has come from a department store in a single donation as it doesn't sell (original shop prices) and never changes. That has tags BTW.

 

[silvermusic]

Thanks. I wonder if the reason that charity shops don't keep tags on is because they have not bought the items? In fact they have probably just found them dumped outside their front door in a bin bag with no documentation.

I'm no expert in clothing by a long way, but I suspect this may have more to do with such items being fake, removing any branding covers them legally to some extent as it's not being sold as xyz designer label. I doubt your average charity shop worker is an expert in spotting fakes either.

 

[Jenni384]

of course, every ebay seller keeps the tags on. Does that not put ebay in any sort of legal position?

thanks again.

I bought a Jane Norman top from ebay and it had the tags and labels cut out; the seller said they had to do that to prevent purchasers from taking it back to the shop! Only time I've ever come across it. Not sure if the seller was right or not.

 

[eastmids2007]

I bought a Jane Norman top from ebay and it had the tags and labels cut out; the seller said they had to do that to prevent purchasers from taking it back to the shop! Only time I've ever come across it. Not sure if the seller was right or not.

odd. sounds like they might have nicked the item and were covering themselves in case there was any incriminating serial number on the tag! shops don't give a refund without the receipt.

 

[deniser]

I bought a Jane Norman top from ebay and it had the tags and labels cut out; the seller said they had to do that to prevent purchasers from taking it back to the shop! Only time I've ever come across it. Not sure if the seller was right or not.

That's because Jane Norman would have sold their excess stock to a wholesaler of this kind of thing on the condition that the tags were cut out so as not to reflect badly on Jane Norman. If too much cut price clothing enters the market it devalues the designer/shop's brand.

 

[yorkshirejames]

That's because Jane Norman would have sold their excess stock to a wholesaler of this kind of thing on the condition that the tags were cut out so as not to reflect badly on Jane Norman. If too much cut price clothing enters the market it devalues the designer/shop's brand.

Potentially it could be that Jane Norman are the ones who cut the tags out - or at least who contractually insist on their removal?

I have in the past bought dressing up type clothes from charity shops that have had tags intact.