Any legal issues with this?

[Scuderia]

Hi Guys,

We are getting smashed with product samples (gadgets, electronics, etc) from companies, and are running out of room. We run a youtube channel.

I want to start selling them on ebay.

Just wondering any potential legal issues with this or anything to watch out for?

Cheers!

 

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[Johnny boy]

Hi Guys,

We are getting smashed with product samples (gadgets, electronics, etc) from companies, and are running out of room. We run a youtube channel.

I want to start selling them on ebay.

Just wondering any potential legal issues with this or anything to watch out for?

Cheers!

If there's a legal issue, it would be because you were violating an agreement and caused that company or individual some sort of harm.

For a contract to be valid, there must be "consideration" from both parties. Meaning, they must be giving up something, and you must be giving up something, for the contract to be valid.

This is not the case with a free gift. You did not ask for their product. You did not agree to any sponsorship. If they say to you explicitly "here is this thing we made, you may only have it if you don't sell it" then there might be something there. But if they do not say that, I would assume you're in the clear.

I am not a lawyer. I just took a class from a lawyer in a business law course.

I say do it.

 

[Jon L]

I'd look at this from a 'what would you want someone like you to do if you gave them a free product?'

If it were me giving the free product, I would hope:

1) you'd do a review on youtube of it
2) you'd think favorably on me and my product while doing the review, but also hope for an honest review, too
3) if the product were super expensive, that you would return it ... but if that were the case, I would have contacted you beforehand to get your agreement to send the product back to me.
4) that you'd get some use out of it, or sell it as a way to compensate you for your time.
5) if the product were proprietary and not ready for sale, I either wouldn't have had you review it, or, I'd make sure that you agreed to return it to me following your completed review.

I say sell the stuff as long as you haven't agreed previously to return it.