Entrepreneurship & Small Business

Serving David's Tea in a coffee shop

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  • Jan 3rd, 2015 10:17 am
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[OP]
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Mar 18, 2013
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Toronto

Serving David's Tea in a coffee shop

I have a friend that would like to serve tea in a coffee shop which she purchases from David's Tea retail store. Are there any restrictions or concerns that she needs to be aware of? She isn't serving it under the branded name of David's Tea. Are there any copyrights or restricts on the tea "mix" for resale? Again, she isn't selling the loose leave tea but tea in a cup.

Look forward to your insight.
6 replies
[OP]
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Mar 18, 2013
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I've read the ToS from the David's Tea website and it says:
"You agree not to resell any products purchased under this Agreement, nor to transfer any of your rights hereunder without the prior written consent of Davids Tea."

Does this include serving the tea - not a simple resell.
Deal Fanatic
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Nov 18, 2002
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webpromoinc wrote:
Dec 20th, 2014 3:20 pm
I've read the ToS from the David's Tea website and it says:
"You agree not to resell any products purchased under this Agreement, nor to transfer any of your rights hereunder without the prior written consent of Davids Tea."

Does this include serving the tea - not a simple resell.
Well if you're selling it it's called resale so that would be a breach.
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Sep 30, 2014
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webpromoinc wrote:
Dec 20th, 2014 3:20 pm
I've read the ToS from the David's Tea website and it says:
"You agree not to resell any products purchased under this Agreement, nor to transfer any of your rights hereunder without the prior written consent of Davids Tea."

Does this include serving the tea - not a simple resell.
i think yes, it is also include the serving tea.
Deal Addict
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Aug 19, 2010
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If you're just brewing the tea and selling it then there should be no issue because you're not actually physicaly selling there product such as a bag of tea or something...
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Jan 9, 2002
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webpromoinc wrote:
Dec 20th, 2014 3:20 pm
I've read the ToS from the David's Tea website and it says:
"You agree not to resell any products purchased under this Agreement, nor to transfer any of your rights hereunder without the prior written consent of Davids Tea."
She's not agreeing to any "agreement", since she is simply purchasing from a retail store.
As long as she doesn't promote "Now serving David's Teas", I don't see any issue. She is simply re-selling a product she purchased at retail.

If there was an issue, all the horders that bought 20 lego sets at walmart and resold it could be in trouble ;)
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Casper wrote:
Jan 2nd, 2015 7:39 pm
She's not agreeing to any "agreement", since she is simply purchasing from a retail store.
As long as she doesn't promote "Now serving David's Teas", I don't see any issue. She is simply re-selling a product she purchased at retail.

If there was an issue, all the horders that bought 20 lego sets at walmart and resold it could be in trouble ;)
Well yes and no. Retailers don't want you engaging in retail arbitrage, the policies listed are basically there to protect them from this. Doesn't mean it's right or wrong, it's their attempts to stem the flood of imports and unauthorized resellers.

Realistically the worst that can happen is that David's Tea can refuse to sell to you if they think you're reselling their product under the radar. They're well within their rights to do so. Legally, unless you're infringing on their trademark by using their 'trademark' there's not much they can do.

For retail they don't care but if you're a business with a physical location they might, especially if you're near one of their stores.

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