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Watches selling on EBay being tracked and canceled by Apple?
- Thread starter Jsmil009
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Why would Apple cancel their orders? It's not like they're selling pre-production models that are property of Apple.
Can Apple do that? I know sometimes eBay policy allows eBay to cancel auctions for "speculative" preorder items which the seller has not yet received in hand -- I've seen eBay do this elsewhere -- but I don't think this is anything Apple can force them to do.
No, not if customers sell them. If I buy something from Apple as a customer, there's no fine print saying I can't sell it to someone else (unless I make it a business).
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If they want to they can:
From: http://store.apple.com/us/open/salespolicies
But why would they? The hype of the product is only beneficial to them. Many of the higher end perfume houses get excited when their juice hits the gray market because it means that they are getting more sales. I suspect apple uses this clause when it becomes obvious that someone is purchasing multiple (i.e. more than 2) products with an attempt to make a business out of being a re-seller. Of course once you've actually purchased the item and it has shipped it is yours to do whatever you want with in regards to resale.
From: http://store.apple.com/us/open/salespolicies
But why would they? The hype of the product is only beneficial to them. Many of the higher end perfume houses get excited when their juice hits the gray market because it means that they are getting more sales. I suspect apple uses this clause when it becomes obvious that someone is purchasing multiple (i.e. more than 2) products with an attempt to make a business out of being a re-seller. Of course once you've actually purchased the item and it has shipped it is yours to do whatever you want with in regards to resale.
Perhaps not, but lack of said fine print doesn't mean they can't reserve the right to cancel preorders if they believe the items are being bought by speculators and profiteers rather than customers who want the product. Until the credit card is actually charged, they can probably do whatever they want legally. You haven't "bought" it legally until the credit card is charged and the product ships. Until then, technically speaking, you own nothing to actually sell.
Frankly I think Apple probably has better things to do than that -- I think hype like this probably helps the brand on balance -- but I think they would be within their rights to do so.
I am not sure that is the case when you don't actually own the item yet. That is like me trying to sell a car before I have paid for it and done the paperwork. Say I want a Ferrari. I found a rare one and want to buy it. Then before doing the paperwork I put it up for sale on an auction site with the vin# for more money. You don't think the dealer that actually owns the car can do anything about that? Hmmm
I don't think Apple considers ebay "resale." It's more like if a "customer" sets up a dedicated website for the expressed purpose of re-selling the items.
Otherwise, they would have clamped down on the many iPhones/iPads on ebay a long time ago.
Otherwise, they would have clamped down on the many iPhones/iPads on ebay a long time ago.
Unless the buyer signed an agreement prohibiting resale I don't see how Apple can do that. eBay may be able to enforce something like this, but I doubt Apple would.. it would be no different than reselling an iPhone.
It's different with Ferrari. They're really strict about to whom they sell the car, and give preference to repeat customers.
Apple hasn't done anything about all the iPhones/iPads selling on ebay so they're unlikely to do anything about the Watch. If anything, they'll go after unauthorized resellers (namely customers) who set up dedicated websites for that purpose.
The OP poised a theoretical question, not something that is actually happening. Unless there are resellers getting multiple pieces of product and gouging customers for prices well above stated retail, I don't think Apple would care.
That said I do believe they have the legal right to cancel a presale for any reason they want, as long as they haven't taken payment yet.
That said I do believe they have the legal right to cancel a presale for any reason they want, as long as they haven't taken payment yet.
They do have that in their agreement, however that is probably unenforceable once the purchaser has the product after Kirtsaeng v. John Wiley & Sons, Inc. 586 U.S.__ established that consumers can sell products even if they are purchased abroad and manufactured abroad before they are imported.
My thought is this. If they are canceling orders due to people having one extra watch ordered, too many on one credit card, or other reasons that have been confirmed on these forums, then they are trying to free up some supply. This seems like an easy way to free up more to me. Why target a family that ordered one watch too many and not scalpers?
I find this thread quite humorous. Think of the pundits who are claiming that Apple is charging too much for the 
Watch, yet there are those who think, and are correct, that they can make a profit by buying a watch at Apple's price then resell it at a profit.
Capitalism ain't it grand.
Watch, yet there are those who think, and are correct, that they can make a profit by buying a watch at Apple's price then resell it at a profit. Capitalism ain't it grand.
So in other words, you're hoping Apple will cancel the orders only so you can get your Watch earlier.
I just went and looked and frankly, I've never seen anything like it. It explains some of the shortage.
But what puzzles me is some of the sellers giving a 24th overnight ship option list 'multiple colors available'. How is that?
It kind of sullies the whole experience
But what puzzles me is some of the sellers giving a 24th overnight ship option list 'multiple colors available'. How is that?
It kind of sullies the whole experience
That's twisting what was actually said.
What the post is saying is that rather than risk ticking off customers who may be legitimately buying to consume, by cancelling orders that could POSSIBLY be for resale purposes based on flimsy evidence, go after the obvious cases of scalping instead. The info is right out there in the open on EBay, there is no speculation involved. Right now what's already happened is that customers claiming legitimate purchases have had orders randomly canceled above what apparently is a 2 per household limit when enforced the way they've been enforcing it.
They're not likely to investigate whether a particular scalper has exceeded the 2 per household limit. I could be a scalper who has no interest in the Apple Watch for myself but bought two for the expressed purpose of ebaying them.
Nevertheless, they didn't put a lid on iPhone/iPad scalping on ebay so there's no reason to expect otherwise for the Watch.