Complaint Review: jay wan - NEW YORK
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- Author Not Confirmed
- jay wan NEW YORK, United States
- Phone:
- Web: jaywaninc.com
- Category: Internet sales
jay wan Purchased 4 x Exclusive Music Beats , Now Re- Selling. NEW YORK
*Consumer Comment: You may be out of luck.
Show customers why they should trust your business over your competitors...
Company in NY selling Musical Beats climing to be Grammy Award Winners. Are selling beas & then re-selling. I had a contract saying they can not re-sell. This has been Breached.
I had emailed them with FTC Complaint. I live in Ausralia so unsure if they can help me. I will further Invesigate them.
This report was posted on Ripoff Report on 03/12/2019 07:43 PM and is a permanent record located here: https://www.ripoffreport.com/reports/jay-wan/new-york/jay-wan-purchased-4-x-exclusive-music-beats-now-re-selling-new-york-1475211. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content
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#1 Consumer Comment
You may be out of luck.
AUTHOR: CARTER - (United States)
SUBMITTED: Wednesday, March 13, 2019
First off let me say I am not an attorney, but have extensive US contract law experiance.
In the Us we have what is called the First Sale doctrine. If you sell a physical item you lose all righst to restrict the sell of the physical item. However they do not have a right to replicate that item. In this case since it is a physical item. In general a contract signed by someone in the US is covered under US law.
If you didn't have a clause saying this contract is written inder AU law then you are out of luck. If you did not have a detachment clause your entire contract is invalid. Even if you have a AU clause more than likely you will have to sue in US court. In this case it is not fraud, and even if you were to win you would not get attorney fees.
A recent US supreme court ruling has stated that clauses in contracts that restrict first sale donctrine on physical items are invalid. What I am trying to get at is 4 items of less than 5K value worth around 20K in attorney fees.
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