Is this legal? Relatives new business

[Sammy937]

Just got some concerns. I’ve no idea the legal side so just wondered if it’s allowed. They have set up a business selling lingerie and also jewellery and claiming they have made the items. However they are buying them on aliexpress and the like and then selling at a higher price. Even using aliexpress and the other sites photos. Is this allowed?

It depends on how they phrase it. "Handmade in the UK" means they're misrepresenting their goods so would be unacceptable. The actual act of buying and reselling isn't an issue. Without knowing exactly how they market their products it makes it impossible to know whether they're doing anything they shouldn't be.

Yes sorry should have added. They do say ‘our products are handmade in the U.K.’ and ‘one of a kind’ things like that

Also stating they are luxury. But just very cheap mass produced on Aliexpress

To be honest I image search everything nowadays so wouldn't buy from them as it would be quite clear

Copyright issues with using their photos could be an issue

I doubt they’ll last long when they get bad reviews and demands for refunds.

It's definitely morally wrong and I guess she'll get a lot of customer complaints that her items are not as described if she's saying she's made them herself but hasn't. Lying to customers is never a good idea and tends to come back to bite you.
Using someone else's photos is copyright infringement and she can get in trouble for that too.

Same. Taught my mum that as well. So much shit floating around sellers pretending it's their own. Fuck that. I have no sympathy with them then losing money because of the lies

In that case, yes - that's illegal under the Trades Description Act.

Etsy by any chance? A lot of sellers are doing the same. When they've got 100 of the same thing to sell, or a particular item of clothing in 10 colours and eight sizes you know it's not hand made - which was the original reason for Etsy.

There was a makeup company in Ireland that closed down over this.

Is she cutting out the made in China labels and replacing with her own?

It's illegal. Report the pages to the site. Etsy are good at shutting pages like this down.

I bought something off Etsy that they were claiming was homemade £15. I guessed it wasn't homemade, but it was cute & I wanted it anyway. Saw it in Dunelm £3. Sent an email saying do & that they can't claim it's home made when it's not.

they refunded me, but didn't say anything about the homemade claim.

im guess the refund was to stop me complaining to Etsy. It worked I suppose.

I find Etsy to be the most annoying platform to buy on, I think it should be homemade only to give small businesses a platform. It's worth it if it's specialty items.

In that case how is your question, "is this legal?" a serious one?

Common these days. I saw some beautiful earrings for £30 from a small business. Almost bought them for a friend for xmas. Google searched and found the exact same ones for £3 on Temu

@WhateverMate I just ask as I did mention it to her and she said there’s no issue at all

So she's quite the liar then.

You know it’s illegal. Do you mean will she get caught?

I would imagine that she’s a bit thick if she’s convinced herself and others that it’s ok.

The Advertising Standards Agency may take an interest since this is misleading marketing. Trading standards may also get involved. Their interest would be under current legislation on consumer trading. In this instance, misleading marketing is unlawful (Consumer Protection from Unfair Trading Regulations 2008). There maybe health concerns as well. There have been many public health inquiries about cheap clothing and other items made overseas that contain chemicals causing skin irritation or immune-interactions. Consumers have a right to know about the true origins of their purchases as many take exception about sponsoring overseas sweat shops producing cheap goods under appalling conditions. Some consumers will be aware that clothing and other products made in certain countries are at higher risk of allergic reaction or other health issue. This includes lead, NFE detergents, formaldehyde etc. Good luck to a seller trying to defend a personal injury claim against a buyer they mis-sold products to.

Once you got the refund you should of then complained/reported to Etsy to try get page shut down so they don’t rip of any other buyers (although people like that would only find any way to sell stuff)

Lots of people complaining and mentioning that even when they report a seller nothing is done.

Link meant for last post

community.etsy.com/t5/Managing-Your-Shop/Shops-selling-items-from-Temu-and-Shein-as-handmade-and-vintage/td-p/142152018

Years ago Etsy had a "loophole" where you could buy a charm and a chain separately from Ali express, then put the charm on the chain and sell it as handmade. Because you "assembled" them.

@Coconutter24

yes, I know I should & I did try, but as I mentioned, I hate the Etsy platform & it was taking a long time to try to report & I gave up.

Sorry, I accept I'm an imperfect human being.

Whilst I completely agree with this, I would caution looking at the handmade sellers shop as a whole before deciding they are selling aliexpress/temu tat and not the other way around.

Those shops are renowned for ripping of small businesses. I personally know 3 people who have been affected so it is very widespread. They have no comeback and it devalues their product and damages their reputation as a business because people think they are associated with those online stores and their quality.

To answer OP, yes it's against Etsy T&C unless they are providing personalosed options and declaring a production partner.