FACTORY SECONDS AND SURPLUS
How to Verify Branded Surplus Clothing Before You Buy
Most branded surplus is exactly what it appears to be: genuine goods that a factory, brand or liquidator needs to clear. But a brand name raises the stakes. If the seller had no right to sell, or the goods are not genuine, the problem becomes yours once you resell them.
These checks sit on top of the general questions before buying and written terms you would use with any supplier.
FOUR SEPARATE QUESTIONS
Each needs its own answer.
Evidence that goods are genuine does not show that the seller owns them, or that they may be resold without conditions.
1. Is it genuine?
Authenticity: compare labels, tags, stitching and packaging with items you know are genuine. A price far below what genuine surplus usually fetches deserves caution.
2. Where did it come from?
Ownership and provenance: ask how the seller came to own the goods (as the manufacturer, the brand, a liquidator the brand appointed, or a trader who bought from one of them) and for invoices or documents showing the chain. Gaps are a reason to ask more, or to walk away.
3. May it be resold, and how?
Permission to resell: surplus is sometimes released on conditions, such as removing or marking labels, or limits on where or how it may be sold. Ask whether any apply, and get them in writing.
4. Can you describe it accurately?
Description: stock type, condition and any faults, without overstating the brand connection. Seconds, overruns and returns differ; see the factory seconds guide.
WARNING SIGNS
Slow down when you see these.
None proves a problem on its own, but each deserves a direct question.
- Large quantities of current-season branded goods at unusually low prices.
- No documents, or documents that do not match the goods.
- Pressure to pay quickly, in cash or to an account in a different name.
- Labels or tags that differ between pieces of the same style.
- Refusal to let you inspect a sample.
WHEN YOU RESELL
Describe brands carefully.
Using a brand name in a listing can raise trademark questions, and any conditions attached to the goods may limit what you can say.
- Describe the item and its condition first; mention a brand only where you are confident it is genuine and the conditions allow it.
- Do not suggest a connection with the brand, such as “official” or “authorised”, unless it is true.
- If labels have been removed or marked, say so in the listing.
- Keep descriptions as accurate as for any stock; see writing better listings.
- For questions about trademarks or resale rights, ask a qualified adviser.
KEEP RECORDS
Proof travels with the stock.
- Invoices and packing lists for every lot.
- Photos of labels and tags on arrival.
- Any written conditions from the seller.
- Lot records like those in recording bale contents, so each sale can be traced to its lot.
NEXT STEP
Buying from a new supplier?
Ask suppliers for invoices and written terms before you pay.
General guidance, not legal advice. Trademark, consumer protection and resale rules vary; ask a qualified adviser about your situation.