eBay User Agreement
eBay User Agreement
- If you reside within the European Union you are entering into a contract with eBay Europe S.à r.l., 22-24 Boulevard Royal, L-2449 Luxembourg (company number R.C.S Luxembourg B. 120781, VAT number LU 21416127, business licence number 114463)
- If you reside within the United States you are entering into a contract with eBay, Inc, 2145 Hamilton Ave, San Jose, CA, 95125, USA
- If you reside in India, you are entering into a contract with eBay India Private Limited, 14th Floor, North Block, R-Tech Park, Western Express Highway, Goregaon (East), Mumbai 400063, Maharashtra (India).
- If you reside elsewhere, you are entering into a contract with eBay International AG, Helvetiastraße 15-17, 3005 Bern, Switzerland.
- remove funds from the seller's PayPal account to reimburse the buyer for the cost of the item and the original postage cost in accordance with the seller's authorisation provided to us under this User Agreement; or
- where there are insufficient funds in the seller's PayPal account, directly refund the buyer for the cost of the item and the original postage cost, and, in this case, the seller must reimburse us in full, and in a timely manner, for an amount equivalent to the sum we paid to the buyer.
- post, list or upload content or items in inappropriate categories or areas on our sites;
- breach or circumvent any laws, third party rights or our systems or policies;
- sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties;
- use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our Services;
- fail to pay for items purchased by you, unless you have a valid reason as set out in an eBay policy, for example, the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot contact the seller (see our unpaid item policy);
- fail to deliver items sold by you, unless you have a valid reason as set out in an eBay policy, for example, unless the buyer fails to follow the posted terms, or you cannot contact the buyer;
- manipulate the price of any item or interfere with any other user's listings;
- post false, inaccurate, misleading, defamatory, or libellous content;
- take any action that may undermine the Feedback or ratings systems (please see our rules about Feedback);
- transfer your eBay account (including Feedback) and user ID to another party without our consent;
- distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm eBay, or the interests or property of eBay users;
- use any robot, spider, scraper or other automated means to access our Services for any purpose.
- bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
- export or re-export any eBay application or tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
- copy, modify, or distribute rights or content from our Services or eBay's copyrights and trademarks;
- copy, reproduce, reverse engineer, modify, create derivative works from, distribute, or publicly display any content (except for your information) from our Services without the prior express written permission of eBay and the appropriate third party, as applicable;
- commercialise any eBay application or any information or software associated with such application;
- harvest or otherwise collect information about users, such as email addresses, without their consent or
- circumvent any technical measures we use to provide the Services
- we think that you are creating problems or possible legal liabilities;
- we think that such restrictions will improve the security of the eBay community or reduce our or another eBay user's exposure to financial liabilities;
- we think that you are infringing the rights of third parties;
- we think that you are acting inconsistently with the letter or spirit of this User Agreement or our policies or abuse our employees or users;
- despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or
- you fail to make full payment of any fees due for our Services by your payment due date.
- you are responsible for the accuracy, content and legality of the item listed and agree to list in accordance with the prohibited and restricted Items policy.
- your listing may not be immediately searchable by keyword or category for up to 24 hours. eBay does not guarantee exact listing durations.
- content that violates any of eBay's policies may be deleted at eBay's discretion.
- Where your listing appears in search and browse results may be based on certain factors such as listing format, title, bidding activity, end time, keywords, price and postage cost, Feedback, and detailed seller ratings. Learn more about finding an item you listed for sale.
- eBay's duplicate listing policy may also affect whether your listing appears in search results.
- Some optional upgrade features will only be visible on certain eBay Services.
- you are responsible for reading the full item listing before making a bid or commitment to buy.
- you enter into a legally binding contract to purchase an item when you commit to buy an item, or if you have the winning bid (or your bid is otherwise accepted).
- for motor vehicles listed in the Classified Ad format and real estate (property), a bid or offer is not binding, but expresses a buyer's serious interest in the item.
- if you purchase an item on an eBay site other than eBay.co.uk, you are subject to the User Agreement of that other eBay site solely with respect to that particular purchase.
- agree to the eBay managed returns process terms and conditions;
- authorise eBay to include return postage charges and auto-refunds on your seller invoice as a fee, which may be charged to your automatic payment method on file, if any; and
- acknowledge that the eBay Money Back Guarantee has special provisions to accommodate a case if an item is successfully returned through eBay’s managed return process and a timely refund isn’t issued.
- authorise and instruct us and PayPal to collect or reverse variable amounts (representing payments related to covered claims) from your PayPal account to carry out a buyer reimbursement;
- authorise and instruct us to request PayPal to collect or reverse variable amounts in other currency holdings (representing payments related to eligible claims) from your PayPal account to carry out a buyer reimbursement where you do not have sufficient funds available in the transaction currency;
- authorise and instruct us to request PayPal to restrict your access to funds (the restriction will apply up to a sum equivalent to the cost of the item and original postage costs paid by the buyer) in your PayPal account at any point during the resolution process. (This may result in PayPal determining to restrict funds in your PayPal account in order to manage PayPal's risk exposure pursuant to PayPal policies. See Restricting funds.)
- authorise and instruct us to charge the payment method you select to recover the amount we pay to the buyer (in cases where we refund the buyer directly); and
- authorise and instruct us to place the reimbursement amount on the seller invoice, including but not limited to the cost of return postage labels.
One of the ways that we may make your eBay.co.uk listings available to international buyers on eBay.co.uk and on our international sites is through the Global Shipping Programme.
For items that are located in the UK and that are purchased from you by an international buyer in a country eligible for the Global Shipping Programme, you will post the item to a shipping centre located in the UK. A third party global technology and shipping provider will oversee the processing, customs clearance, and international postage of the item to your buyer. For items that are purchased by international buyers through the Global Shipping Programme, buyers will pre-pay all applicable postage and import charges during checkout and will benefit from international tracking of the item from the shipping centre to delivery.
We may choose to make your listings available to international buyers through the Global Shipping Programme unless you opt out of the programme at either an account, country or listing level.
By not opting out of the programme, you will also be acknowledging that you have read and agreed to the Global Shipping Programme Seller Terms and Conditions and that they will apply to you as a seller and to all of your eligible new and existing listings. These terms include, among other important provisions:
- a third party agreement for the parcel processing, customs clearance (for non-EU shipments), and international shipping and tracking services, including your consent to the disclosure of certain personal information to third parties in connection with those services;
- an authorisation for third parties to act in your place to facilitate the export clearance of items that you sell through the Global Shipping Programme outside the EU;
- an acknowledgment that you agree and are responsible for ensuring that your listings and items are compliant with applicable overseas laws and regulations;
- a description of the items that are ineligible for the programme and restrictions on the value, weights, and dimensions of items that may be sold through the programme;
- a list of countries that are eligible for the programme; and
- policies governing the handling of lost, damaged, and undeliverable items (including their possible disposal), returns, and the resolution of eBay Money Back Guarantee claims for items that you sell through the programme.
We may add certain delivery options to your listings, in order to help improve buyer experience. For items that are eligible, we may choose to make eBay Click & Collect at Argos available as a delivery option on your listings on ebay.co.uk unless you opt out at either an account or listing level.
By not opting out, you acknowledge that you have read and agree to the Seller Terms for Click & Collect at Argos and that these terms will apply to the relevant listings. Those terms include, among other important provisions:
- a description of the items that are ineligible and restrictions on the value, weights and dimensions of items that may qualify for eBay Click & Collect at Argos as a delivery option; and
- consequences of an item being undeliverable or unidentifiable, including an authorisation from you to dispose of, sell or donate the item to charity.
Correcting mistakes in payments to buyers and sellers
- your use of or your inability to use our Services;
- pricing, postage or other guidance provided by eBay;
- delays or disruptions in our Services;
- viruses or other malicious software obtained by accessing, or linking to, our Services;
- glitches, bugs, errors, or inaccuracies of any kind in our Services;
- damage to your hardware device from the use of any eBay Service;
- the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
- a suspension or other action taken with respect to your account or breach of the Abusing eBay section;
- the duration or manner in which your listings appear in search results as set out in the Listing conditions section; or
- your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. This is especially so if you are a consumer.
You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on any of our sites.
Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the internet is difficult. eBay cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users' purported identities or the validity of the information which they provide to us or post on our sites.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due under eBay Money Back Guarantee up to the price the item sold for on eBay and its original postage costs, (b) the amount of fees in dispute not to exceed the total fees which you paid to us in the 12 months prior to the action giving rise to the liability, or (c) £100.
Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.