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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Can I run a business where I buy wholesale cosmetics, repackage

Resolved Question:

Can I run a business where I buy wholesale cosmetics, repackage and resell them? The product label will have both my brand name and the name of the original branded product. Do I need permission from the the brand even though I am buying from a wholesale company and not directly from the branded company?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Are you intending to sell these as your own product or just resell them please?
Customer: I'm not sure. The products will be repackaged with my brand name on the packet and labelled with what the product contains inside. Hope this is clear. I am basically creating a forum to buy cosmetics in smaller amounts. The labels will still say e.g. Mac foundation
Alex Watts :

So you are breaking them down from what the manufacturer intended? Is that right?

Customer: Yes.
Alex Watts : Thanks. In that case you can't do it.
Alex Watts : What you are doing is changing the manufacturers product and although selling it, passing it off as if it was authorised by them
Alex Watts : You don't see for example, tesco buying quantities if Chanel no 5 and breaking it down into smaller bottles.
Alex Watts : You have to sell the product as is.
Alex Watts : Otherwise potentially you could be passing off.
Alex Watts : I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Alex Watts : You could buy the smaller packages and resell those.
Alex Watts : Can I clarify anything for you about this today please?
Customer: Ok thank you. Is that the only way around it? I can't sell them as my own product, then?
Alex Watts : Sadly no. It's their product, it's their packaging etc.
Alex Watts : I am sorry.
Alex Watts : If this answers your question might I invite you to rate my answer, if the system won't let you please do say.
Alex Watts : If you need more help please click reply.
Customer: Thank you for making this clear.
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