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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44924
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hi I operate a skin care business and we manufacture skin

Customer Question

Hi
I operate a skin care business and we manufacture skin treatment machines. I have a customer that is picking up second hand machines in the market and selling them on ebay. He is referring that he can offer certified Crystal Clear training and his page refers that he is authorised. He has a small disclaimer at the bottom of his page that says he is not associated with Crystal Clear.
He is also heavily discounting our skin care products online and through Amazon of which is now causing me a problem supplying to mayor department stores. Can I withdraw his account as I do not want to offer him a trade account anymore.
regards
Sharon Hilditch
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today.

Ben Jones :

So just to clarify, he has an account with you and you currently supply him with products?

JACUSTOMER-6o9yiuax- :

Yes he has an account through his partners salon business as purchased our skincare system about 10 years ago.

Ben Jones :

What are the termination clauses in that contract?

JACUSTOMER-6o9yiuax- :

we do not have a contract with him

Ben Jones :

ok what has been the nature of the relationship so far, how does it work?

JACUSTOMER-6o9yiuax- :

He is buying used Crystal Clear machines from other sources, however, he purchased his Crystal Clear skin care items direct from us.

Ben Jones :

And he still continue to purchase these from you?

JACUSTOMER-6o9yiuax- :

yes but he is causing to many issues with discounting them through ebay and Amazon. I would like to stop supplying him.

Ben Jones :

do you supply him on an ad-hoc basis, as and when needed, or is there a regular supply?

JACUSTOMER-6o9yiuax- :

as and when it is needed

JACUSTOMER-6o9yiuax- :

I have to go into a meeting for a couple of hours . Will we be able to continue later ?

Ben Jones :

yes of course, I will actually get my response out to you shortly then you can get back to me whenever you want with any further questions

JACUSTOMER-6o9yiuax- :

Thank you

Ben Jones :

Generally, you are free to decide who to sell to and whether you do any business with a particular person/company. There is no right to expect business from someone and no obligation to offer it either. If you are of the opinion that you no longer wish to do business with this person then you are legally entitled to stop trading with him, no questions asked.

The issue is if he can show that there was a contract in place. However, I doubt he can show that a contract for ongoing supply actually existed as he only purchased from you as and when needed and there was never a consistent supply or indication that this was to be treated as an ongoing and formal contractual relationship. This would be the same as someone going into a shop every week and making a purchase – legally the shop can ask them not to enter their premises and refuse to serve them.

So as long as all outstanding orders are complete and there are no outstanding supplies or payments pending, you may refuse to do business with this person in the future. Whether you tell them why that is would be up to you, but it may help clarify the situation rather than leave the wondering what the actual reasons were.

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this?

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