Can I resell miss me jeans I purchase through a contract for liquidation and retail stores

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Im a small clothing business I buy liquidation clothing from SAMs club costco & Macy's through a contract for my store. There are miss me jeans in in these lots. Miss me has contacted me and said I can not resell their jeans without a contract directly with them per their policy. I'm thinking if this is there policy why is SAMs and Macy's liquidation jeans to businesses like me. So I can't buy a pair of new miss me jeans and resell them? Can they really do this?

Attorney Answer

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Pamela KoslynBusiness AttorneyLos Angeles, CA ·
Your store has contracts with Sam's Club, Costco and Macy's. Those contracts may restrict what you can do with the merchandize you buy, or it's possible you have a claim against them for selling you merchandise you can't lawfully re-sell, but of course having not reviewed them, I have no idea what they say. Miss Me Jeans has contracts with its retailers, and those contracts may contain exclusivity clauses that restrict who those retailers can sell to, and for all you know, Miss Me is enforcing those contracts with their retailers. as well as with those retailers' customers, like you. See a business lawyer to get your contracts reviewed.
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