1. Payment Service; Disabling Payment Methods
You authorize eBay Sarl to acquire and settle payments that it receives on your behalf. When you
sell an item on eBay, you are deemed to be a payee, with eBay Sarl acting as your payment service
provider. In a refund, chargeback, or similar scenario, or if you use your funds to
pay, you may be deemed to be a payer, again with eBay Sarl acting as your payment service provider.
If eBay Sarl is your Payout Entity, eBay Sarl will open and hold a payment account for you.
The acceptance of a buyer’s payment instrument (for example, their Visa card), once it has
been authorized for payment, satisfies the buyer’s payment obligation to you, regardless of
whether we actually settle such payment to you. In the event that we do not make
any such payment to you as described in these Payments Terms of Use, you will have recourse against
us only and not against the buyer. To the extent permissible under the rules of any third-party or
governmental body with jurisdiction over us, you agree that we are not liable
for your acts and omissions and you understand that we disclaim any such liability.
We may disable specific payment method(s) available to buyers for all or some of your listings if we
reasonably believe the use of such payment methods for your transactions will increase regulatory,
financial, or other risk to us. For example, if you would like to offer a
high-priced item with a new eBay account, we may disable such payment methods where the amount is
credited with a time delay after the transaction (e.g. direct debit or payment upon invoice). In
assessing the risk, we consider relevant factors such as your sales history,
service status, eBay account history, risks associated with certain item categories, transaction
value, and number and monetary amounts of eBay Buyer Protection cases. We will re-enable the
affected payment method(s) for your listings once the risk no longer exists.
2. Execution of Payment Transactions
When you, as a payee or payer, use Managed Payments, the payment transactions will be executed in
accordance with the payment schemes rules and procedures, or as otherwise agreed.
Required Information
Your payer (for example, the buyer of an item you sell on eBay) must ensure we are provided with
the data required for us to execute the payment transaction. If we do not have sufficient data to
execute such transaction, we reserve the right to ask your payer’s payment
service provider for the required information.
We require the following information for the execution of a payment transaction:
- Your name,
- Your eBay username,
- The buyer’s name (where applicable),
- The buyer’s eBay username, and any other data about the buyer which the buyer’s
payment service provider or we may require (where applicable),
- The currency of the payment transaction (if possible, in abbreviated form),
- The amount of the payment transaction, and
- The beneficiary’s payment details.
We may also require specific information, such as a one-time authorization code sent to your
verified phone number or email address, to authenticate a payment transaction (or to allow you to
access certain information related to Managed Payments on eBay).
To the extent reasonably possible, we will automatically utilize the information stored in our
systems. Where the required information provided by you or your payer is not fully available or is
inaccurate, we will not bear any liability for any damage, delay, or other
consequence from the non-execution or defective execution of the relevant payment transaction.
Receipt of Payment Orders
A payment order will be deemed to have been received by us if:
- Carried out by means of a payment card, then in accordance with the card schemes rules; or
- Received by our available electronic communication channels, then on the business day when it
is actually received by us.
If the payment order is not received on a business day, it will be deemed to be received on the
next business day. “Business days” in this Part III of these Payments Terms of Use
shall mean the days on which banks in Luxembourg are open for regular business.
You may not revoke a payment order after we have received it. However, if we have agreed that a
payment order will be executed on a certain future date, the business day prior to this future
date will be the latest you can revoke the payment order.
Refusal of Payment Orders
We reserve the right to refuse the execution of a payment order when:
- The payment order information contains factual errors and/or is incomplete;
- You have not satisfied your obligations under these Payments Terms of Use or any other
agreement between you and us;
- There are doubts about the validity of the instruction, or the identity or authority of the
person giving the payment order; or
- The payment order, if executed, would lead to a breach of the applicable rules, laws, or
regulations.
We may charge a reasonable fee for such a refusal.
You acknowledge that when executing a payment transaction, we may have to disclose information
mentioned above and your legal address to the other party’s payment service provider and, where
relevant, also to intermediaries involved in the execution of the payment
transaction. You expressly accept and instruct us to disclose such data.
Where you are the payer, the execution of the transaction may depend on us having received the
respective amount from you prior to the execution.
3. Settlement of Funds
If we are your Payout Entity, we will initiate settlement of proceeds received to your Linked
Financial Account. Your payments will generally be initiated either automatically according to the
schedule you have pre-selected or “on demand” based on an individual
payment instruction we receive from you. However, if your payment account is not configured to
include a regularly scheduled settlement, we may periodically sweep available funds out of your
payment account and send them to your Linked Financial Account.
Your transaction proceeds, other than those being held in accordance with these Payments Terms of
Use, will be aggregated to a batch for settlement to you according to the payout schedule agreed
with you. For example, if you select weekly payouts, a single settlement will be initiated
automatically once a week for all transactions ready for disbursement to you on that day. If you
request a payout on demand, a single settlement will be initiated for all transactions ready for
disbursement to you on that day. You may be able to choose to have only a portion of your available
transaction proceeds paid out to your Linked Financial Account, leaving the rest in your payment
account. We anticipate that your transaction proceeds will be available on your payment account and
ready for disbursement approximately one to two business days after the buyer's completion of the
order, although actual availability may vary for individual transactions depending on the buyer’s
payment method, and when the payment transaction is received by us. We may diverge from the agreed
settlement process as needed for compliance or risk reasons. The balance on your payment account is
not a deposit. You will not receive interest or any other earnings on the money held in your payment
account.
If we are unable to settle your proceeds, then, depending on the reason why we are unable to settle
your proceeds, we may refund the buyer (e.g., in the event that we cannot process your information
due to technical reasons etc.) or otherwise process these funds in accordance with applicable law.
We will provide you with monthly statements of your transactions free of charge, which can be
accessed in the Seller
Hub.
5. Our Liability
We will refund you in full and are liable for losses directly and reasonably foreseeably incurred by
an incorrectly or non-executed payment transaction, provided that you have informed us of such
transaction without undue delay after becoming aware of the defect and in no event
later than thirteen (13) months after the transaction was executed, unless we failed to make
information about the transaction available to you.
We are liable for damages suffered as a result of willful misconduct or gross negligence. In case of
minor negligence, we are only liable for (a) damages resulting from injury to life, body, or health;
or (b) foreseeable typically occurring damages resulting from the breach of
an essential contractual obligation. Any further liability is excluded.
If you are a business using the Payment Services, unforeseeable damages in accordance with the above
include (but are not limited to) loss of goodwill or reputation, direct or indirect loss of profits,
loss of data, loss of business and other intangible losses. You also
explicitly agree that as a business you may not benefit from the rights and liability regimes
deriving from the legal provisions with regard to payment services (Articles 79(1), 81(3), 86, 88 to
90, 93 and 101 of the Luxembourg Law of 10 November 2009 on payment services) in
the event of non-execution or defective execution of Payment Services under this agreement, meaning
we are not liable to you for the losses or damage you may suffer under those provisions.
7. Payment by Invoice, Installment Payments or Direct Debit
7.1 Specific Payment Methods
7.1.1 On certain European eBay sites, buyers may be able to choose payment methods such as direct
debit, payment by invoice or installment payments (“Specific Payment Methods”) to pay
for
items purchased from you. The Specific Payment Methods are offered to buyers by our integrated payment
partners (“Payment Partners”).
7.1.2 If your buyer chooses one of the Specific Payment Methods in connection with a purchase on
eBay
(“Sales Contract”), eBay Sarl acquires your purchase price claim against the buyer,
including all ancillary rights, and will sell and assign the claim to its acquirer
(“Acquirer”), e.g. Adyen N.V. The Acquirer will sell and assign the purchased claim to
the
respective Payment Partner, who will assume the payment default risk in accordance with the
following
provisions. This arrangement is further referred to as “Chain Factoring”. Buyers using a
Specific Payment Method will make their payments to the Payment Partner, who will forward the
payments
to eBay Sarl via the Acquirer, so that eBay Sarl can process and settle such payments according to
these Payments Terms of Use.
7.1.3 You shall conclude with your buyer the Payment Partners’ terms and conditions for the
use
of the respective Specific Payment Method, including any applicable privacy notice (“Partner
Terms”). See here
for
a list of the Partner Terms for each Specific Payment Method. You hereby agree and accept that the
respective Partner Terms shall become an integral part of each Sales Contract where the buyer uses a
Specific Payment Method. You instruct eBay and the Payment Partners to implement the Partner Terms
into the eBay check-out and make the Partner Terms available to the buyer on your behalf.
7.1.4 The Payment Partners and the Acquirer will not be a party to and not have any obligation
under
these Payments Terms of Use or any other agreement between you and eBay Sarl, eBay, the buyer or any
third party.
7.2 Purchase and Assignment of Seller Receivables
7.2.1 You agree that each receivable against your respective buyer in connection with a Sales
Contract where your buyer has chosen a Specific Payment Method and which is nominated in EUR
(jointly
the “Seller Receivables” and each a “Seller Receivable”) will automatically
be
offered to eBay Sarl for purchase after conclusion of each Sales Contract. eBay Sarl will either
accept your offer by proceeding with the payment process, or reject your offer. Such offer and
acceptance will conclude a purchase agreement between you and eBay Sarl (“Single Purchase
Agreement”) regarding the relevant Seller Receivable which is purchased (the “Purchased
Receivable”) in accordance with this section 7.
7.2.2 You hereby assign, subject to the conclusion of a Single Purchase Agreement, all your current
and future Seller Receivables including ancillary rights (such as rights for any securities,
transport
and deficiency insurance claims, withdrawal or rescission rights, or other claims against third
parties with respect to the relevant Seller Receivable) to eBay Sarl, and eBay Sarl hereby accepts
the
assignment.
7.2.3 Upon conclusion of a Single Purchase Agreement, you and eBay Sarl reiterate the assignment of
the relevant receivable identified through the transaction-ID in the purchase offer whereby the
purchase offer constitutes an offer to assign the relevant receivable from you to eBay Sarl and the
acceptance of purchase offer constitutes an acceptance of this offer by eBay Sarl.
7.2.4 In case there is any doubt about the validity of the assignment of the Seller Receivables and
this requires any further declaration or action by you, you will execute such declaration or action
upon request of eBay Sarl.
7.2.5 You irrevocably authorize eBay Sarl with the power of sub-delegation to notify the relevant
buyer regarding the assignment of the Seller Receivable and to exercise non-assignable rights, such
as
contractual rights, in connection with the Seller Receivables in its own name.
7.3 Collection Risk/Collection
7.3.1 Except in a case of a Defect Receivable pursuant to section 7.5.1, eBay Sarl bears the risk
that the Purchased Receivables are not collectable from the respective buyer in part or in full, in
particular caused by the insolvency of the buyer. eBay Sarl will pay the purchase price (minus the
agreed fees and expenses) for the relevant Purchased Receivable regardless of whether it chooses to
enforce the relevant Purchased Receivable.
7.3.2 The collection and enforcement of the Purchased Receivables is the responsibility of eBay
Sarl.
eBay Sarl shall bear any and all costs in this regard.
7.3.3 eBay Sarl will transfer the economic risks of the obligations described in the sections above
to the Acquirer and consequently to the Payment Partners in accordance with the Chain Factoring
arrangement.
7.4 Representations and Warranties
7.4.1 Every time upon entering into a Single Purchase Agreement concerning a Purchased Receivable,
you represent and warrant to eBay Sarl that
- the Purchased Receivable is valid, validly assigned to eBay Sarl and enforceable against the
buyer;
- you hold free and clear title to, and may freely assign and transfer, the Purchased Receivable,
and the Purchased Receivable has not yet been assigned or transferred to third parties; and
- you will ship, deliver or provide the respective item(s) to the relevant buyer completely, on
time
and in accordance with the Sales Contract with the respective buyer in order that the respective
buyer is not able to exercise any right or claim of retention, set-off, supplementary performance,
reduction, recession right or damage claims.
7.4.2 Each of these representations and warranties to eBay Sarl with respect to a Single Purchase
Agreement will be provided by eBay Sarl to the Acquirer (and by the Acquirer to the Payment
Partners)
back-to-back in accordance with the Chain Factoring arrangement.
7.5 Assignment of Purchased Receivables back to You/Disputes
7.5.1 If the relevant Purchased Receivable fulfills one of the following criteria (the
“Defect
Receivable”):
- the buyer reverses the Sales Contract on the basis of a mandatory withdrawal right or a
voluntary
right of return offered by you;
- in case of an eMBG claim or a payment dispute; for example, if the buyer objects to a Purchased
Receivable, if - upon request of eBay Sarl - you do not provide valid proof of shipment or
delivery
or other proper performance to eBay Sarl in accordance with the Seller
Protection Policy;
- you are in breach of a representation and warranty pursuant to section 7.4.1 in respect of the
Purchased Receivable;
or in any other case where you give a refund to a buyer for any Purchased Receivable
(“Refunded
Receivable”), and the Acquirer consequently decides to use its right to assign back the
relevant
Defect/Refunded Receivable to eBay Sarl, eBay Sarl is entitled to assign back any Defect/Refunded
Receivable to you.
7.5.2 eBay Sarl hereby assigns all current and future Defect/Refunded Receivables to you subject to
the condition precedent that eBay Sarl notifies you of the refund to the buyer in relation to a
Defect
or Refund Receivable (the “Re-Assignment Notice”), and you hereby accept the assignment
of
all current and future Defect/Refunded Receivables.
7.5.3 You are obliged to pay back any purchase price which you have received from eBay Sarl for the
Defect/Refunded Receivable without undue delay after eBay Sarl has provided the relevant
Re-Assignment
Notice. eBay Sarl is entitled to set-off this claim which you are obliged to pay to eBay Sarl with
any
further payment which eBay Sarl is obliged to pay to you.
7.6 Information and Assistance Obligations/General Provisions
7.6.1 You shall undertake to inform eBay Sarl promptly upon becoming aware of (i) any breach of a
representation and warranty according to section 7.4.1 regarding any Purchased Receivable or (ii)
any
other event that may materially impair or jeopardise the realisation of the Purchased Receivables or
might materially change your solvency or, subject to you becoming aware of it, the probability of
payment of the Purchased Receivables by the buyer.
7.6.2 In case you receive any direct payments from a buyer on the Purchased Receivable, you shall
reject these received payments and refund the buyer, and notify the payer that payment shall be made
to the respective Payment Partner. You shall notify eBay Sarl of any rejected payments on the
Purchased Receivables.
7.6.3 Upon eBay Sarl’s request, you shall promptly hand over to eBay Sarl, the Acquirer,
and/or
the Payment Partners any information, records and documents which are necessary or expedient for the
examination and the enforcement of the Purchased Receivables.
8. Corrective Measures
If we become aware of suspected or actual fraud or other security threats affecting your eBay
account, we will notify you by email and provide you with instructions on how to protect such
account.
9. Financial Regulations Consent
eBay Sarl will share information you provided to eBay Sarl with our Affiliates or third parties
only
for the purpose of such Affiliates and third parties assisting us in providing Managed Payments as
described in Part I, Section 8 (Third party
Providers), or in accordance with the following consent.
You expressly consent to eBay Sarl sharing your information with our Affiliates or third parties
under the conditions and for the purposes as described below. By sharing this information, we and
the respective Affiliate will be able to comply with applicable law. This will
allow us and our Affiliates to continue to provide our services to you.
-
We may share your information with eBay GmbH or other eBay Affiliates which are obligated under
the Digital Services Act
(Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a
Single Market For Digital Services and amending Directive 2000/31/EC) to obtain such information
from you. The Digital Services Act obligates online platform providers like eBay to obtain and
validate certain information from professional sellers offering goods and services to consumers
in
the EU. Such information can among others include identification information about you
(including
for example a copy of your identification document or an equivalent electronic document),
information on your account with us (including information related to your Linked Financial
Account), as well as the results of any verification of such information performed by us.
-
We may share with eBay GmbH (the entity providing the eBay Services to customers in the EU under
the User
Agreement) your Linked Financial Account information and the total
amounts paid to you in a given quarter including amounts withheld for fees and taxes, as well as
any other information about you to allow eBay GmbH to comply with its obligations under the
EU
DAC7 tax directive (Council Directive (EU) 2021/514 of 22 March 2021 amending Directive
2011/16/EU on administrative cooperation in the field of taxation). Under this directive as
transposed into national law, eBay GmbH is required to collect customer information for certain
sellers and report this to EU tax authorities.
-
We may share with eBay Inc. (the entity that facilitates the offer, sale, and purchase of goods
and services on the eBay.com e-commerce marketplace) your Linked Financial Account information
to
enable eBay Inc. to comply with United States federal and state laws that require
online marketplaces to collect and verify certain information regarding high-volume third party
sellers of consumer products on such online marketplaces. These laws include the United States
INFORM Consumers Act (H.R. 2617 – 117th Congress (2021-2022)) and any such
substantially similar laws as may be adopted in the United States from time to time.
-
We may, directly or through our Affiliates, disclose account information to intellectual
property
rights owners on the basis of applicable national law of an EU member state in an out-of-court
disclosure process, in the event of an infringement of their intellectual property
rights for which our payment services have been used (including, but not limited to, Art. 19 of
the German Trademark Act).
-
We may disclose to tax authorities in the EU your account information and details on your
cross-border payment transactions, as well as any other information required to comply with our
obligations under the CESOP Directive (Council Directive (EU) 2020/284 of 18 February 2020
amending Directive 2006/112/EC), as transposed into national law in the EU Member States.
10. General Provisions
Exclusion of Certain Provisions for Non-Consumers
If you are a business which uses the Payment Services, you agree that Articles 79 (1), 81 (3),
86, 88, 89, 90, 93, and 101 and Title III of the Law of 10 November 2009 on payment services
shall
not apply to your use of the Payment Services.
Individuals
If you are an individual acting in your own capacity and not on behalf of a business, you may
not
use the Payment Services to receive or transfer funds on behalf of another natural person or a
legal entity.
Complaints
Any complaints about eBay Sarl or the services it provides should first be addressed to eBay
Sarl. You agree that all responses from eBay Sarl relating to such complaints may be sent to you
by email.
Should you not be satisfied with eBay Sarl’s responses, you may also escalate your
complaint
to the CSSF (www.cssf.lu), which is the competent authority to
receive out-of-court complaints by customers of payment service providers
authorized in Luxembourg. For further information please refer to our Complaints
Procedure.
Communication
We will communicate with you in the language(s) in which we provided these Payments Terms of Use
to you. You agree that we may give you notice or other information by posting it in your eBay
Account, emailing it to your registered email address, mailing it to your registered
physical address, calling your phone number, or sending you mobile messages.
Legal notices to eBay Sarl (except for termination notices pursuant to Part I, Section 11)
shall
be served by mail to the following address: eBay S.à r.l., 22-24 Boulevard Royal, L-2449
Luxembourg.
You may request a copy of any legally required disclosures (including these Payments Terms of
Use) from us; we will then provide it to you in a format which allows you to store and reproduce
the information (for example, by email) or, upon your request, on paper.
Governing Law and Jurisdiction
These Payments Terms of Use shall be governed by and construed in accordance with the laws of
the
Grand Duchy of Luxembourg. If you are acting as a consumer (rather than as a business) and if
mandatory statutory consumer protection regulations in your country of residence
contain provisions that are more beneficial for you, such provisions shall apply irrespective of
the choice of Luxembourg law.
As a consumer, you may bring any judicial proceedings relating to the General Payments Terms and
these Additional Payments Terms for Payment Services provided by eBay Sarl before the competent
court of either your place of residence or eBay Sarl's place of business in
Luxembourg. If eBay Sarl wishes to enforce any of its rights against you as a consumer, we may
do
so only in the courts of the jurisdiction in which you are a resident. If you are acting as a
business seller, you agree to submit to the exclusive jurisdiction of the courts of
the Grand Duchy of Luxembourg.