Is it legal to sell the same downloadable item for different prices?

Discussion in 'Legal Issues' started by VU365, Apr 20, 2010.

  1. #1
    Hi folks,


    I'm in the process of setting up a business website where I plan on selling a monthly, email newsletter through Paypal. The plan is to give site visitors a chance to support my personal coaching-styled work by offering them different choices of what they'd "like" to pay me. However, no matter what they decide to pay me--------each customer will get the exact same product.

    This will all be above board, as I will clearly state that it is the same product, and that it is up to them what they'd like to pay to recieve it.

    For example: I would have Paypal "SUBSCRIBE" buttons listed on the website with designated payment amounts like $20, $50, $100.


    Here's a website I found through Google that is an example of what I mean. But it seems to be some kind of a nonprofict site and NOT a business site:

    http://www.infidels.org/infidels/support.html

    My questions are:

    1. Is it legal to sell email newsletter subscriptions using the SUBSCRIBE button this way as a business (instead of as a nonprofit organization)?


    2. Is there a way to sell another item (like an mp3 download) and let the people pay me whatever they decide for it? What I'm trying to do here is find a way to take donations

    without actually calling them "donations".


    Any info that any of you may can provide would be appreciated.

    Thanks!
     
    VU365, Apr 20, 2010 IP
  2. kidsko

    kidsko Well-Known Member

    Messages:
    753
    Likes Received:
    8
    Best Answers:
    0
    Trophy Points:
    110
    #2
    If you are reseller and have rights to do so then why than of course. But like many products they have a disclaimer which blatantly says that it cannot be resold and in doing so you would be liable, which you don't want to be.
     
    kidsko, Apr 20, 2010 IP
  3. justin.helloall

    justin.helloall Peon

    Messages:
    106
    Likes Received:
    1
    Best Answers:
    0
    Trophy Points:
    0
    #3
    Are you offering the "coaching" free of charge? If yes then you can put a donate link on your newsletter and ask if they want to donate. You cant force them though.
     
    justin.helloall, Apr 20, 2010 IP
  4. VU365

    VU365 Peon

    Messages:
    16
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    0
    #4
    Thanks for your responses everybody.

    Here's some more clarification:

    My free coaching would be in the form of weekly audio podcasts. I would be receiving payments in the form of selling "how-to" informational products in the form of monthly newletters and downloadable mp3s.

    And "yes" I will be writing and producing my own electronic documents and instructional audio files. So I won't be a reseller--------but the original seller.

    Hope this helps make my earlier post a little clearer.


    VU365
     
    Last edited: Apr 20, 2010
    VU365, Apr 20, 2010 IP
  5. 77A

    77A Peon

    Messages:
    26
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    0
    #5
    I don't see why not.
    Big companies do this all the time in test marketing campaigns.
     
    77A, Apr 20, 2010 IP
  6. doctornabeel

    doctornabeel Peon

    Messages:
    5
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    0
    #6
    you can sell your own content in anyway you want, law is there to help you in your business,
     
    doctornabeel, Apr 21, 2010 IP
  7. petr_ind

    petr_ind Notable Member

    Messages:
    1,680
    Likes Received:
    9
    Best Answers:
    0
    Trophy Points:
    210
    Articles:
    6
    #7
    if you have reseller right... why not... you can set up the price of newsletter or downloadable things with your own price

    about paypal... ithink no pronlem, because it is same with donation to your company.. if there is someone to give why not
     
    petr_ind, Apr 21, 2010 IP
  8. HowWhoWhen

    HowWhoWhen Peon

    Messages:
    39
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    0
    #8
    You're basically going into a contract at a set price with each individual person so I don't see why it would be a problem. If you're really concerned why not just make some levels such as Basic, Gold, Platinum etc... and differentiate them a little bit somehow.
     
    HowWhoWhen, Apr 22, 2010 IP
  9. RonBrown

    RonBrown Well-Known Member

    Messages:
    934
    Likes Received:
    55
    Best Answers:
    4
    Trophy Points:
    105
    #9
    If it's your work to sell then no problem at all - and I wouldn't even say it was unethical either. All (OK, most) companies charge their customers different prices for the same items depending upon how much discount is available to that client or how much discount the saleman provides. It's all part of doing business and negotiation.
     
    RonBrown, Apr 22, 2010 IP
  10. pannelli

    pannelli Peon

    Messages:
    45
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    0
    #10
    the moment the seller tries to sell the same good at different prices, the buyer at the lower price can arbitrage ... Complete discrimination -- where each user purchases up to the point where the user's marginal benefit equals the marginal cost of the item;
     
    pannelli, Apr 22, 2010 IP
  11. VU365

    VU365 Peon

    Messages:
    16
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    0
    #11
    Thanks for your input everyone.

    As far as selling the same item at different prices is concerned, here are the specs:

    1. The item will be mine. It will be an original, copyrighted PDF file that I have written. So I don'r really understand what is meant by the term "reseller" in this case. I don't think this would apply to me and my item, would it?

    2. There will be no subterfuge, hidden agenda, or sneakiness going on in regards to the different pricing. I will state very clearly and "upfront" that it is the same item. The only difference is that I plan on asking people to "pick their own price to pay". I plan on letting the people decide which of three suggested prices that they determine the email newsletter subscription to be worth.

    3. I do like the suggestion to have different email membership options like silver, gold, and platinum----------and this would obviously be the best way to go. But I suspect that the time it would take to differentiate the membership level offers enough may be prohivitive early on. My plan is to do most of my marketing via a weekly, 30-minute internet podcast which will direct people to my site and my product. The email newsletter subscription item I'm referencing is another way I am considering "upselling" the visitors to my site. Also, the monthly email newsletter subscription would be a way to give people a lower cost item to buy and it could also futher expand the reach of my brand.


    Any more feedback that anyone has is always appreciated.


    Thanks!


    VU365
     
    VU365, Apr 22, 2010 IP
  12. Business Attorney

    Business Attorney Active Member

    Messages:
    621
    Likes Received:
    33
    Best Answers:
    0
    Trophy Points:
    70
    #12
    You are certainly free to set your own price at different levels. Think of hotels, airlines, cruise ships... They all do it. Magazines have a newsstand price and often many different subscription prices - new subscriber prices, professional subscriber prices, etc...
     
    Business Attorney, Apr 22, 2010 IP
  13. wondercorn

    wondercorn Peon

    Messages:
    44
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    0
    #13
    I think there is no problem with that. Do they have any option to choose your packet of programs you're selling. I mean do you give them any option like that in table comparison price before they pay up? As long both side understand what they should do. I don't think there will be problem. Just my 2 cent. :D
     
    wondercorn, Apr 22, 2010 IP