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Forums › Off topic › Selling a bonus product
rmt38

320 posts

Ultimate Geek
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#159988 19-Dec-2014 11:19
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I bought a HP laptop the other day, and they were running a promotion where you get a free tablet.  I'm pretty sure that one of the terms and conditions is that you cannot resell it.    As a free tablet it is of course, probably something they can't sell because it's simply not that great.  The reviews aren't the best.

The tablet is now in my possession, and is my property.  Do they actually have a legal right to prevent me putting this on trademe, so that someone who can appreciate a limited battery life and a weird screen size, can have the tablet of their limited dreams?

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sxz

sxz
761 posts

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  #1200502 19-Dec-2014 11:54
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rmt38:
chiefie: It's yours, you can do whatever you want. However I'm not sure of the warranty though.

Right, the problem is that I can also just tell myself this, rather than having an anonymous internet poster telling me it.

Do you have any legal basis for saying this?  That's the kind of thing I am looking for.  What my rights are with respect to something I own, and whether arbitrary terms and conditions which claim to restrict my actions with regard to the possession, have a legal standing?


It's all about contracts, and law.  There is no law stopping you selling it, so you are fine there.

HP have a contract with the retailer, that contract will include a 'not for resale' requirement.  The re-seller will be in breach of that if they sell the tablet separately.

You have no contract with HP, so you are not bound with that.  You do have a contract with the re-seller.  I would be very very surprised if it included any term prohibiting you from re-selling the tablet.    

Analogy: coke cans and dairy's.  Coke cans say 'not for individual sale'.  This will bind whoever Coke sells the 24box to.  But if a Dairy buys the 24 box from a supermarket, they have no contract with Coke, so are not bound by the 'not for individual sale' agreement the supermarket has with coke.  That's why Dairy's can sell the individual cans wherever, whenever.

It's known as Privity of Contract - lots of info out there about it.

Go ahead - sell away!

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