Payments Terms of Use

1. Appointment of eCI as Agent

eCI will receive payments on your behalf as your agent. You hereby appoint eCI as your agent for the limited purpose of receiving, holding and settling payments for Managed Payments transactions.

A payment received by us from a buyer, on your behalf, satisfies the buyer’s obligation to you in the amount of the payment received, 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, as such payment is deemed to be made by the buyer to you upon receipt by us. 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.

2. Information Returns

eBay may be required to issue information return(s) to you related to payments made to you during a calendar year, such as IRS Forms 1099. Your acceptance of these Payments Terms of Use and continued use of our Payment Services evidence your agreement to receive any information return, such as Forms 1099-K or any other Form 1099 required to be issued to you, electronically. You may access an electronic copy of Forms 1099 by downloading the form where it is made available to you in Seller Hub. You can choose to receive paper information returns mailed to you by opting out of paperless-only delivery. The elections will be effective for current and future years unless you change your election. You will not receive any information returns in the mail unless you’ve opted out of electronic delivery by December 31, or we are otherwise required to send a paper copy of your information return by mail.

3. Authorization for Collection of Owed Amounts

You hereby authorize eCI to debit or charge any Owed Amount from your Linked Financial Account or any other payment method you have on file with us, including your stored value account (if stored value has been issued to you). Your authorization will remain in full force and effect until the earlier occurrence of: our receipt from you of any written communication that revokes such authorization, or upon the closure or termination of your eBay account.

To the extent permitted by law, you hereby irrevocably sell, assign, grant, convey and transfer to eBay and its Affiliates, as applicable, all of your rights, title, and interests in any and all accounts receivable, payments of money, and general intangibles owed in your favor to satisfy any and all obligations or liabilities you owe to eBay or its applicable Affiliate in connection with your use of Managed Payments and eBay Services for the sale of goods or services to your Buyers.

4. Legal Disputes

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND eCI HAVE AGAINST EACH OTHER ARE RESOLVED.

You and eCI agree that any claim or dispute at law or equity that has arisen, or may arise, between you and eCI (or any related third parties) that relates in any way to or arises out of this or previous versions of these Payments Terms of Use, your use of or access to Managed Payments, or the actions of eCI or its agents, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.

4.1. Applicable Law

You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Utah, without regard to principles of conflict of laws, will govern these Payments Terms of Use and any claim or dispute that has arisen or may arise between you and eCI, except as otherwise stated in these Payments Terms of Use.

4.2. Agreement to Arbitrate

You and eCI each agree that any and all disputes or claims that have arisen, or may arise, between you and eCI (or any related third parties) that relate in any way to or arise out of this or previous versions of these Payments Terms of Use, your use of or access to Managed Payments, the actions of eCI or its agents, or any products or services sold, offered, or purchased through the Services shall be resolved exclusively through final and binding arbitration, rather than in court. In this Legal Disputes Section, the term “related third parties” includes your and eCI’s respective affiliates, subsidiaries, parent companies, predecessors, successors, assigns, as well as your, eCI’s, and these entities’ employees and agents. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.

1. Prohibition of Class and Representative Actions and Non-Individualized Relief
   YOU AND eCI AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND eCI AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim or a particular request for a remedy (such as a request for injunctive relief), then that claim or that remedy request (and only that claim or that remedy request) must be severed from the arbitration and may be brought in court, subject to your and eCI’s right to appeal the court's decision. All other claims will be arbitrated.
2. Arbitration Procedures
   Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individualized basis that a court can award to an individual. An arbitrator should apply the terms of these Payments Terms of Use as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), shall be for a court of competent jurisdiction to decide.
   The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules and the AAA’s Commercial Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org. In the event that the AAA is unavailable to administer the arbitration, another administrator will be selected by the parties or the court.
   A party who intends to seek arbitration must first send to the other, by certified mail, a valid Notice of Dispute ("Notice"), which may be downloaded at this link: http://p.ebaystatic.com/aw/help/legal/Notice_of_Dispute.pdf. The Notice to eCI must be sent to eBay Inc., Attn: Litigation Department, Re: Notice of Dispute, 339 W. 13490 S., Ste. 500, Draper, UT 84020. Any such Notice addressed to and received by eBay will also be deemed to be received by eCI, if such Notice regards services offered by eCI. eCI will send any Notice to you to the physical address we have on file associated with your eBay account; it is your responsibility to keep your physical address up to date. To be valid, you must personally sign the Notice and complete all information on the Notice form, including a description of the nature and basis of the claims the party is asserting, the specific relief sought, and the email address and phone number associated with your account.
   If you and eCI are unable to resolve the claims described in a valid Notice within 30 days after eCI receives the Notice, you or eCI may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to eCI at the following address: eBay Commerce Inc. c/o CT Corporation System, 1108 E South Union Ave., Midvale, UT 84047. In the event eCI initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your eBay account. Any settlement offer made by you or eCI shall not be disclosed to the arbitrator.
   Where no disclosed claims or counterclaims exceed $25,000, the dispute shall be resolved by the submission of documents only, subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or eCI may attend by telephone, unless the arbitrator requires otherwise.
   The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same eCI user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
3. Costs of Arbitration
   Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. If you complied with the Notice of Dispute procedures of Section 2 of this Agreement to Arbitrate (“Arbitration Procedures”) and the value of the relief sought is $10,000 or less, at your request, eCI will pay all administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by eCI should be submitted by mail to the AAA along with your Demand for Arbitration and eCI will make arrangements to pay administration and arbitrator fees directly to the AAA. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse eCI for all fees associated with the arbitration paid by eCI on your behalf that you otherwise would be obligated to pay under the AAA's rules. eCI will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the cost of accessing the arbitration forum from being prohibitive.
4. Severability
   With the exception of any of the provisions in Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.
5. Opt-Out Procedure
   IF YOU ARE A NEW USER OF OUR PAYMENT SERVICES, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE ("OPT-OUT") BY MAILING US A WRITTEN OPT-OUT NOTICE ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THESE PAYMENTS TERMS OF USE FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO EBAY INC., ATTN: LITIGATION DEPARTMENT, RE: OPT-OUT NOTICE, 339 W. 13490 S., STE. 500, DRAPER, UT 84020. ANY SUCH OPT-OUT NOTICE ADDRESSED TO AND RECEIVED BY EBAY WILL ALSO BE DEEMED TO BE RECEIVED BY eCI, IF SUCH OPT-OUT NOTICE REGARDS SERVICES OFFERED BY eCI.
   For your convenience, we are providing an Opt-Out Notice form. You must complete and mail that to us in order to opt out of the Agreement to Arbitrate. You must complete the Opt-Out Notice form by providing the information called for in the form, including your name, address (including street address, city, state and zip code), and the user ID(s) and email address(es) associated with the eBay Service account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of these Payments Terms of Use and its Legal Disputes Section will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
6. Future Amendments to the Agreement to Arbitrate
   Notwithstanding any provision in the User Agreement or these Payments Terms of Use to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against eCI prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and eCI. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on www.eBay.com at least 30 days before the effective date of the amendments and by providing notice through the eBay Message Center and/or by email. If you do not agree to these amended terms, you may close your account within the 30-day period and you will not be bound by the amended terms.

4.3. Judicial Forum for Legal Disputes

Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and eCI must be resolved exclusively by a state or federal court located in Salt Lake County, Utah. You and eCI agree to submit to the personal jurisdiction of the courts located within Salt Lake County, Utah for the purpose of litigating all such claims or disputes.

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 eMBG 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.

4. Liability for Unauthorized Payment Transactions

You will be fully liable for all losses relating to an unauthorized payment transaction if you acted fraudulently with respect to such a payment transaction, or if you failed to fulfill one or more of the obligations under this agreement (such as keeping your credentials safe or notifying us without undue delay) with intent or gross negligence.

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.

6. Shipping Labels

If buyers purchase a return shipping label at their own expense on the eBay website, eBay may automatically deduct the label costs from the refund amount a buyer receives from you. If this occurs, you agree (as a debtor to the buyer for the refund) to be delegated as a debtor to the shipping carrier for the label costs, and authorize us to use the relevant part of the refund amount to pay the shipping carrier on your behalf. You will not bear any additional shipping costs in this event.

7. Holds (for consumers in Germany)

If you are a consumer in Germany, eBay Sarl will apply holds to your funds in accordance with this section. For all other sellers, holds are applied under the conditions in Part I, Section 5/Holds.

As a regulated payment entity, we are legally required to implement an effective risk management program and robust measures to prevent fraud, money laundering, and terrorist financing. For these purposes, we may place holds on your funds, or instruct a payment service provider to hold your funds, under the conditions and for the duration described below, taking into account your and other users’ legitimate interests.

A hold can be placed either on transaction level or on account level. Transaction-level holds are placed in relation to a particular buyer transaction, typically to secure a potential refund of the transaction amount to the buyer, e.g., after a successful eMBG claim (“Transaction Holds”). These holds freeze the amount of the relevant transaction. Account-level holds prevent the disbursement of all funds on the account (“Account Holds”). They are placed for reasons related to the seller, the seller’s conduct, or the activity on an account, e.g. if there is a suspicion of fraud.

Transaction Holds can be placed if:

• Your buyer opens a case under an eBay Buyer Protection Program (see Part I, Section 5/eBay Money Back Guarantee Programs). If the buyer's claim is successful, you must reimburse the eMBG Service Provider for the amount refunded to the buyer according to the applicable User Agreement and eMBG policy. We will secure the reimbursement claim of the eMBG Service Provider against you by placing a hold on the relevant amount until the case is decided. If the case is resolved in your favor or if you are found to be protected under the Seller Protection Program, we will release the hold and disburse your funds.
• Your buyer (or the holder of the payment instrument used to pay for the transaction) opens a payment dispute with its payment service provider (see Part I, Section 5/Disputes). If the buyer's claim is successful, you must reimburse us for the amounts refunded to the buyer as described in Part I, Section 5/Disputes. We will secure our reimbursement claim against you by placing a hold on the relevant amount until the case is decided by the buyer’s payment service provider. If the case is resolved in your favor or if you are found to be protected under the Seller Protection Program, we will release the hold and disburse your funds.
• Additionally, we may place a hold on funds depending on your seller status, changes to your account status, or other factors we use to help ensure a safe marketplace. We place such holds to ensure that sellers successfully fulfill the order and that refunds for potential buyer-requested returns, eMBG claims, or disputes filed by a buyer can be executed effectively.
• New, dormant, and infrequent sellers may experience holds for up to 30 days while becoming established on eBay in accordance with eBay’s best selling practices and building a strong selling history.
• Previously restricted or suspended sellers may experience holds for the 30 days after the restriction or suspension is lifted, while we confirm that the order has been successfully fulfilled.
• Unusual selling patterns, like an unexpected surge in sales, a change in business type, a change in average selling price or the type of items being sold, or the sale of high-priced items may lead to holds for up to 30 days or until the fulfillment of the order is confirmed to help us ensure that buyers don't have any issues with the order.
• The authentication process may lead to holds for up to 30 days until the authenticity of items sold with eBay's Authenticity Guarantee can be confirmed.
• For specific shipping methods such as local pick-up, holds may be placed to ensure that the seller completes the delivery of the item according to the conditions stated in the item description. The hold will be lifted when the delivery is confirmed, e.g. by scanning a QR code at local pick-up.
• If we have identified an increased risk of seller performance issues, for example if multiple buyers have reported problems or if we see excessive cancellations related to an account, we may place a hold on a transaction to ensure that the seller completes the fulfillment of the order. The hold will be lifted when the successful fulfillment is confirmed.
• Holds applied as described above for a certain period of time to secure the successful fulfillment of buyer’s orders may be applied for longer periods of time in cases of extended delivery times.

Account Holds can be placed in the following cases:

• Failed or incomplete identification and verification process. If you do not assist us in the identification and verification process, for example, if you do not provide us with the information and/or documents necessary to identify and verify you or your company in accordance with the applicable legal requirements (see Part I, Section 2, Step 3/Confirm Your Identity), we cannot pay out your funds. Once you provide the requested information, and we can verify your identity, we will release the hold, and your funds can be disbursed. The duration of the hold depends on how fast you provide the required documents.
• Compliance and risk reasons. We may hold payouts in order to fulfill our legal obligations in the following cases:
• As a regulated payment entity, we are legally required to implement an effective risk management program and robust measures to prevent fraud, money laundering, and terrorist financing. This includes measures to ensure that we can fulfill our payment obligations at all times, including and in particular towards our users. If we identify a financial, fraud or money laundering/terrorist financing risk, we will hold your payouts. A financial or fraud risk exists if payments could be made by or to an unauthorized third party instead of you (e.g., in case of an “account takeover,” when a third party has gained unauthorized access to your eBay account) or if you violate applicable law, these Payments Terms of Use, the applicable User Agreement or any other eBay Policies, and your actions could cause other users or us to suffer a loss or financial or reputational damages.
• We or our Affiliated Companies may be legally obligated to block your payouts. We may receive an order by an authority to freeze your funds, or the Affiliate providing the eBay Services to you may be legally required under certain conditions to ensure that no payments are made to you and to notify us accordingly, as in the case of eBay GmbH which must comply with the requirements under the EU's DAC7 Directive, as transposed into national law (Sec. 23 sentence 2 no. 2 PStTG).

If we hold your payouts due to compliance and risk reasons, we will notify you and may request additional information from you. Once we have received the requested information or the risk is otherwise resolved, we will release the hold and your funds can be disbursed. The duration of the hold depends on how quickly you provide the information or how quickly the risk is otherwise resolved.

• Performance holds: We hold your payouts if we identify unusual activity associated with your account, such as increased number of customer claims, a drop in your seller status to “below standard,” a sudden change in your selling activity or an unusually high percentage of late deliveries or negative buyer feedback. We will only apply a hold in this case if the unusual activity associated with your account is material in the sense that, according to our experience based on comparable cases in the past, it leads to a risk for all of your potential buyers regarding the fulfillment of the delivery of the order or the effective execution of refunds for potential buyer-requested returns, eMBG claims, or disputes filed by a buyer. The duration of these holds depends on how fast the issues underlying the identified unusual activity are resolved.
• Invalid payment method: We may put your payouts on hold if we can't deduct your selling fees and other Owed Amounts from any of your payment instruments on file. In this case, once you add another payment method, the hold will be released.

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 6/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. Account Activity 

If you did not access your eBay account for six consecutive years and no transactions have been initiated for three consecutive years, we will treat the relationship as inactive. If the account holds no funds, we may permanently close it and discontinue maintaining its records and access to related services. If the account holds a balance, we will notify you at the email address on file and provide the option to either keep the account open and maintain the balance or withdraw the balance, subject to these Payments Terms of Use. 

11. 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 10) 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.

1. Payment Service; Disabling Payment Methods

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 eMBG cases. We will re-enable the affected payment method(s) for your listings once the risk no longer exists.

2. Authorization to Pay

The authorization to pay for Owed Amounts in accordance with Part I, Section 8 is an electronic pre-authorized debit agreement (“PAD Agreement”) that you are entering into for business purposes to allow eBay to debit your designated bank account, and is subject to the rules of Payments Canada.

By completing registration for Managed Payments, you hereby authorize eCCA (or its Affiliates) and the financial institution that has issued your Linked Financial Account to debit your Linked Financial Account for Owed Amounts in variable amounts at such intervals as when you have Owed Amounts that are due and owing and we are unable to collect such Owed Amounts from your current or future disbursements.

You agree to waive all pre-notification requirements under the Payments Canada rules in respect of any variable debits originated under this PAD Agreement. eCCA will notify you by email regarding any one-time or sporadic debits in order to obtain your authorization.

eCCA, or its Affiliates, will charge your account a CDN$ 7.00 fee by way of a separate debit for each and every debit transaction authorized above that is unsuccessful or returned unpaid by your financial institution. We shall have no liability to you whatsoever caused by a dishonored debit.

If you would like to cancel this PAD Agreement, you may do so at any time by contacting eCCA. If you cancel this PAD Agreement without providing a new authorization, we may suspend or cancel your Payment Services and eBay may suspend or cancel your eBay Services.

You have certain recourse rights if any debit does not comply with this PAD Agreement. For example, you have the right to receive reimbursement for any debit that is not authorized or is not consistent with this PAD Agreement. To obtain more information on your recourse rights, or for further information on your right to cancel this PAD Agreement and applicable forms, you may contact your financial institution or visit www.payments.ca.

3. RPAA Trust Arrangement

Funds received by us on your behalf represent an unsecured claim for payment against us, but do not constitute deposits. eCCA may combine your funds with the funds of other eCCA customers in pooled custodial accounts, in accordance with this section (3/RPAA Trust Arrangement), and may invest the funds in accordance with applicable law. You do not have any ownership interest in these investments and any interest earned from these investments will be retained by us.

Definitions

"Beneficiary" means (i) you, (ii) any other end-user (within the meaning of the RPAA), in each case from whom, or for whom, eCCA receives and holds funds where such funds are transferred to eCCA with the intention that they be held in trust and (iii) any income beneficiary designated under the Declaration of Trust;

"Client Funds" means your funds that eCCA receives and holds in accordance with these Payments Terms of Use;

"Declaration of Trust" means the declaration of trust entered into between eCCA, as initial settlor, and the Trustee, as such declaration of trust may be amended, modified, supplemented and replaced from time to time;

"eCCA Trust" means the trust established by the Declaration of Trust to hold Trust Property in trust for the benefit of the Beneficiaries;

"Financial Institution" means a Canadian regulated entity referred to in one of paragraphs 9(a) to (d) or (f) to (h) of the RPAA;

"Income" means any interest or other investment income or earnings that may be earned on the Client Funds held in a Trust Account;

"In-Transit" means the period commencing at the point in time eCCA receives an instruction to immediately transfer or withdraw funds to or from an account, including the Trust Account, until the point in time at which such transfer or withdrawal is complete;

"RPAA" means the Retail Payment Activities Act (Canada);

"Trust Account" means a segregated omnibus trust account maintained by and in the name of the Trustee as trustee on behalf of the Beneficiaries at a Financial Institution;

"Trustee" means the person or entity appointed by eCCA pursuant to the Declaration of Trust as trustee of the eCCA Trust and any successor or replacement trustee;

"Trust Property" means (i) all Client Funds, and (ii) any other property held in trust pursuant to the Declaration of Trust.

Trust Arrangement; Safeguarding of Funds 

1. eCCA has established the eCCA Trust for purposes of holding and safeguarding end-user funds in trust, including Client Funds. By using the Payment Services, you intend for your Client Funds to be held in the eCCA Trust in trust for your benefit and eCCA agrees to hold your Client Funds in the eCCA Trust, in trust, in accordance with these Payments Terms of Use and the Declaration of Trust. eCCA has been appointed as the initial Trustee of the eCCA Trust. You acknowledge that eCCA has the right to replace the Trustee with one or more successor Trustees at any time, in each case, in its sole discretion, and, except where prohibited by applicable law, without prior notice to or consent from you. 
2. Once your Client Funds are received by eCCA and have cleared and settled and all applicable hold periods have expired, your Client Funds will be deposited and held in the eCCA Trust, in trust, by the Trustee in one or more Trust Accounts with a Financial Institution designated by the Trustee in its sole discretion. The Trustee will deposit and hold your Client Funds in such Trust Account separate and apart from the Trustee’s own property and eCCA’s property. The Trustee will record the Client Funds beneficially owned by you in the ledger maintained by the Trustee for this purpose. Neither eCCA nor the Trustee may use your Client Funds in the conduct of its business. Neither eCCA nor the Trustee may loan, hypothecate, pledge, or otherwise encumber your Client Funds.
3. Until your funds are received by eCCA and have cleared and settled and all applicable hold periods have expired, your funds are In-Transit. In-Transit funds are not held in trust by the Trustee. 
4. Subject to any payment instructions you provide to eCCA, you authorize eCCA and the Trustee to: (a) transfer your Client Funds to and from Trust Accounts, and to and from eCCA settlement accounts in its discretion without notice to you; and (b) in connection with such transfers to submit instructions and disclose your personal information (including electronic transaction information) to: (i) the Financial Institutions; (ii) third party service providers; and (iii) eCCA and/or the Trustee, as applicable.
5. Funds that are withdrawn from the Trust Account will become In-Transit funds and will no longer be Trust Property. 
6. You acknowledge and agree that: 
1. eCCA is not a bank or a Financial Institution and is not itself a Canada Deposit Insurance Corporation member institution; 
2. eCCA is not a professional trustee and funds held in a Trust Account are not eligible for Canada Deposit Insurance Corporation insurance protection at the beneficiary level; and
3. funds In-Transit are not Trust Property, are not held in trust and are not held in a Trust Account.

You also acknowledge and agree that any interest or other investment income or earnings that may be earned on the Client Funds held in a Trust Account ("Interest") are owned by eCCA and do not form part of the Trust Property. You hereby assign, transfer and convey over to eCCA any and all rights to such Interest and acknowledge and agree that you have received good and sufficient consideration (with nominal value) for such assignment. Neither the eCCA nor the Trustee will have any duty to invest the Client Funds other than the obligation to deposit the Client Funds into one or more Trust Accounts in accordance with Section 3.2(b).

4. Legal Disputes

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND EBAY HAVE AGAINST EACH OTHER ARE RESOLVED.

You and eCCA agree that any claim or dispute at law or equity that has arisen, or may arise, between you and eCCA (including any claim or dispute between you and a third-party agent of eCCA) that relates in any way to or arises out of this or previous versions of these Payments Terms of Use, your use of or access to the Payment Services, the actions of eCCA or its agents, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.

• Law and Forum for Disputes if you do not reside in Quebec – These Payments Terms of Use and any dispute or claim you have against eBay shall be governed in all respects by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below you agree to submit to the jurisdiction of the courts located in Toronto, Ontario for the resolution of and all claims or disputes you may have against eCCA.
• Law and Forum for Disputes if you reside in Quebec – These Payments Terms of Use and any dispute or claim you have against eCCA shall be governed in all respects by the laws of the Province of Quebec and the federal laws of Canada applicable therein.
• Arbitration Option – For any dispute or claim (excluding claims for injunctive or other equitable relief) where the total amount of monetary relief sought is less than CDN$15,000, the parties may elect to resolve the dispute in a cost-effective manner through binding arbitration. In the event that the parties agree to arbitration, such arbitration shall be conducted pursuant to the simplified arbitration procedure set out in the arbitration rules of the ADR Institute of Canada, in force at the time of the dispute. Unless the parties agree or the arbitrator determines otherwise, the arbitration shall not involve any personal appearance by the parties or witnesses and shall be conducted by telephone, online and/or be solely based on written submissions. Any judgement on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Improperly Filed Claims – All claims you bring against eCCA must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, eCCA may recover attorneys' fees and costs up to CDN$1500, provided that eBay has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim. Except as stated otherwise, legal notices to eCCA shall be served on eCCA's national registered agent.

[Does not apply if you reside in Quebec] Any translation of these Payments Terms of Use and all related documents is done for our users' convenience and in the event of a dispute between the English and French version, the English version of these Payments Terms of Use and all related documents shall govern.

If you are a resident of the Province of Quebec, the following clause applies: The parties hereby confirm that they have requested that these Payments Terms of Use and all related documents be drafted in English. Les parties ont exigé que la présente convention et tous les documents afférents soient rédigés en langue anglaise.

1. Disabling Payment Methods

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. Buy Now Pay Later). 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 eMBG cases. We will re-enable the affected payment method(s) for your listings once the risk no longer exists.

2. Unsuccessful Direct Debits

We will charge your account an AUD 8.00 fee by way of a separate debit for every debit transaction for an Owed Amount that is unsuccessful or returned unpaid by your financial institution. We shall have no liability to you whatsoever caused by a dishonored debit.

3. Legal Disputes

If a dispute arises between you and eCA, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. We strongly encourage you to first contact us to seek a resolution. If your dispute is not resolved by contacting Customer Service, all legal notices and formal disputes should be sent to eCA's registered agent in accordance with the “Notices” Section below. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Law and Forum for Legal Disputes

These Payments Terms of Use will be governed in all respects by the laws of New South Wales. We encourage you to try and resolve disputes using certified mediation (such as online dispute resolution processes). If a dispute cannot be resolved then you and eCA irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

Notices

Legal notices must be served on eCA’s registered agent (in eCA’s case) or to the registered email address associated with your account (in your case). Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three business days after the date of mailing.

Any notices to eCA's registered agent must be given by registered ordinary post (or if posted to or from a place outside Australia, by registered airmail) to eBay Commerce Australia Pty Ltd c/o Mills Oakley, Level 7, 151 Clarence Street, Sydney NSW 2000.

1. Business Users

We can agree different terms with customers who are not micro-enterprises, charities or consumers.

For the purposes of these Payments Terms of Use:

1. A micro-enterprise is an enterprise, which employs fewer than 10 persons, and has a turnover or annual balance sheet that does not exceed €2 million;
2. A charity is a body whose annual income is less than £1 million and is a charity as defined in England and Wales by section 1(1) of the Charities Act 2011, in Scotland by section 106 of the Charities and Trustee Investment (Scotland) Act 2005, or in Northern Ireland by section 1(1) of the Charities Act (Northern Ireland) 2008; and
3. A consumer is an individual acting for purposes other than a trade, business or profession.

If you become a micro-enterprise, charity or consumer, you should immediately notify us, and the terms applying to those customers (as indicated in these Payments Terms of Use) will apply to you. If you are no longer a micro-enterprise, charity or consumer, then you should notify us immediately, and the terms applying to those customers (as indicated in these Payments Terms of Use) will no longer apply to you.

Provided that you are not a micro-enterprise, charity or consumer, you agree that:

1. Part 6 and regulations 66(1), 67(3) and (4), 75, 77, 79, 80, 83, 91, 92, and 94 of the Payment Services Regulations 2017 do not apply in respect of these Payments Terms of Use;
2. If you become aware of any unauthorised transactions then you will notify eCUK by contacting the Customer Service via any of the available communication methods (e.g. Contact Us form, chat) without undue delay, and in any event no later than sixty (60) days after the debit date;
3. eCUK will not be liable to you for any unauthorized transaction unless you have notified it in accordance with (b) above;
4. eCUK will not be liable to you for any unauthorized transaction if it has reasonable grounds to suspect that you have acted fraudulently.

2. Payment Service; Disabling Payment Methods

You authorize eCUK 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 eCUK 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 eCUK acting as your payment service provider. 

Unless subject to a hold as described in these Payments Terms of Use, your transaction proceeds will generally be available for settlement to your Payout Entity or your E-Money Account (as defined below) within one to two business days after buyer payment is confirmed in checkout, although actual availability may vary depending on the buyer’s payment method and when the payment is received by us. In some cases (for example, if you are a new seller on eBay, or if you are a private seller in the UK), funds may become available for disbursement after the item is deemed delivered, as described in this help page.

If eCUK is your Payout Entity, eCUK will issue electronic money to you on receipt of funds received following the settlement process described above and will open, hold and operate an electronic money account (the E-money Account) for you. You will only be able to fund your E-Money Account using the amounts settled following your sale of an item on eBay and by eCUK issuing electronic money to you on receipt of funds received following the settlement process described above in respect of such sale. In some circumstances we may issue electronic money to you and allow you to use such electronic money to make payment transactions before funds have been credited to eCUK’s own account.

From time to time, it may be possible for you to use your electronic money to make eligible purchases on ebay.co.uk. In such cases you will be deemed to be payer, and eCUK will be providing you with payment services related to the issuance of e-money. If you use your electronic money to make an eligible purchase on ebay.co.uk, and are subsequently refunded in respect of such purchase, eCUK will issue you with electronic money on receipt of the proceeds relating to the refund. 

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 issue electronic money to you in respect of such sale to the buyer. In the event that we do not issue electronic money 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 eMBG cases. We will re-enable the affected payment method(s) for your listings once the risk no longer exists.

3. 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

You must ensure we are provided with the data required for us to execute the payment transaction. If we are executing a payment in respect of a refund owed to a buyer (of an item you sell on eBay) and we do not have sufficient data to execute such transaction we reserve the right to ask the buyer’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 (where applicable) the buyer 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 VI of these Payments Terms of Use shall mean the days on which banks in London 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, or there being sufficient funds in your E-Money Account to fund the transaction.

4. Redemption of E-Money

If we are your Payout Entity and provide you with an E-Money Account, we will, on your instruction, redeem the electronic money held in your E-money Account and pay the proceeds of redemption (the monetary value of the electronic money you have redeemed) to your Linked Financial Account.

Payments to your Linked Financial Account will generally be initiated either automatically according to the schedule you have pre-selected (if scheduled payments are available to you) or “on demand” based on an individual redemption instruction we receive from you. However, if your E-money Account is not configured to include a regularly scheduled redemption, we may periodically redeem the electronic money held in your E-money Account and send the redemption proceeds to your Linked Financial Account.

If scheduled payments are available to you and you opt to redeem electronic money in your E-Money Account according to a pre-selected schedule, your redemption proceeds, other than those being held in accordance with these Payments Terms of Use will be paid out to your Linked Financial Account according to the payout schedule agreed with you. For example, if you select monthly payouts, a single settlement will be initiated automatically once a month for all transactions that have settled to your E-Money Account on or before that day. If you request a payout on demand, a single settlement will be initiated for all transactions that have settled to your E-Money Account on or before that day. You may be able to choose to redeem only a portion of your available balance in your E-Money Account, leaving the rest in your E-money Account.

Transaction proceeds will generally settle to your Linked Financial Account within two business days of initiating disbursement to you, although actual settlement times may vary for individual transactions depending on circumstances such as your bank’s processing times. We may diverge from the redemption and payout process as needed for compliance or risk reasons.

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 payout of redemption proceeds.

If we are unable to settle your redemption proceeds, then, depending on the reason why we are unable to settle your redemption 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.

The balance on your E-money Account is not a deposit. You will not receive interest or any other earnings on the money held in your E-money Account.

The Financial Services Compensation Scheme is not applicable for this E-money Account. No other compensation schemes exist to cover losses claimed in connection with your E-money Account. The Electronic Money Regulations 2011 imposes requirements on us about how we hold these funds. We will ensure that once we have received your funds they are deposited in a safeguarded account, specifically for the purpose of redeeming transactions made from your E-money Account. In the event that we become insolvent, funds that have arrived with and been received and credited by us into your E-money Account are protected against the claims made by creditors.

5. Liability for Unauthorized Payment Transactions

You will be fully liable for all losses relating to an unauthorized payment transaction if you acted fraudulently with respect to such a payment transaction, or if you failed to fulfil one or more of the obligations under this agreement (such as keeping your credentials safe or notifying us without undue delay if you have lost your security credentials or think they may have been stolen) with intent or gross negligence.

We ask you to keep your security credentials safe. This means you should not share your security credentials with anyone, and you should disguise or protect your security credentials if you write them down or store them. If you think someone has used or is able to access your E-money Account, you must tell us as soon as you can.

6. 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: (i) thirteen (13) months after the transaction was executed if you are a consumer, micro-enterprise or charity; or (ii) sixty (60) days after the transaction was executed if you are using the Payment Services as a business which is not a consumer, micro-enterprise or charity, in each case unless we failed to make information about the transaction available to you.

However, we won't refund you if:

• We reasonably think you acted fraudulently (and we may involve the police)
• You are not a consumer, micro-enterprise or charity, and you didn’t take steps to keep your E-Money Account secure;
• You are a consumer, micro-enterprise or charity, and you deliberately or with gross negligence didn’t keep your E-money Account secure. 

To the fullest extent permitted by applicable law, we and our Affiliates (and our and their respective employees, directors, agents and representatives) will not be liable for any direct lost profits, any indirect lost profits, or any special, incidental or consequential damages (including without limitation damages for loss of data or loss of business) arising out of or in connection with these Payments Terms of Use or Managed Payments (including the inability to use Managed Payments). In addition, to the fullest extent permitted by applicable law, in no event will aggregate liability of us or our Affiliates (and our and their respective employees, directors, agents and representatives) arising out of or in connection with these Payments Terms of Use, the transactions contemplated hereby, or Managed Payments exceed the actual amount of direct damages (excluding direct loss of profits), whether in contract, tort (including negligence, product liability or other theory), warranty, or otherwise.

Without limiting the foregoing, in no event will we or any of our Affiliates be liable to you for any failure or delay by us (or our employees, agents, or representatives) in performing our obligations under these Payments Terms of Use, where such failure or delay is caused by abnormal and unforeseeable circumstances beyond our control, the consequences of which would have been unavoidable despite all reasonable efforts to the contrary, or where we are bound by other legal obligations covered by applicable law.

7. Shipping Labels

If buyers purchase a return shipping label at their own expense on the eBay website, eBay may automatically deduct the label costs from the refund amount a buyer receives from you. If this occurs, you agree (as a debtor to the buyer for the refund) to be delegated as a debtor to the shipping carrier for the label costs, and authorize us to use the relevant part of the refund amount to pay the shipping carrier on your behalf. You will not bear any additional shipping costs in this event.

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 or your E-Money Account.

9. Amendment

For customers that are consumers, micro-enterprises or charities, Part I, Section 9 (“Amendment”) of the Payments Terms of Use applies.

For customers that are not consumers, micro-enterprises or charities, we will notify you of any amendments to these Payments Terms of Use by writing (for example, by posting a revised version of these Payments Terms of Use on our website, including the Seller Hub or the eBay Message Centre). Before the anticipated effective date of such change, we will notify you at least fourteen (14) days prior. Your continued use of Managed Payments and the Payment Services beyond the effective date of the change will constitute your acceptance of the changes.

We will generally change these Payments Terms of Use for the following sorts of reasons:

• if we think it will make them easier to understand or more helpful to you;
• to reflect the way our business is run, for example if the change is needed because of a change in the way any financial system or technology is provided;
• to reflect legal or regulatory requirements that apply to us;
• to reflect changes in the cost of running our business; or
• because we are changing or introducing new services or products that affect our existing services or products covered by these terms and conditions.

If you do not agree to proposed changes, you may terminate these Payments Terms of Use, pursuant to Part VI, Section 10 (“Termination”) below, without any extra cost at any time before the effective date. We always publish the amended Payments Terms of Use on the eBay website.

10. Termination

For customers that are consumers, micro-enterprises or charities, Part I, Section 10 (“Term, Termination”) of the Payments Terms of Use applies.

For customers that are not consumers, micro-enterprises or charities, Part VI, Section 9 (“Amendment”) of the Payments Terms of Use apply, except that we may terminate these Payments Terms of Use by giving written notice fourteen (14) days prior via email to your registered email address. 

11. General Provisions

Provided that you are not a micro-enterprise, a charity or a consumer, you agree that Articles 66(1), 67(3), 67(4), 75, 77, 79, 80, 83, 91, 92, 94, and Part 6 of the Payment Services Regulations 2017 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 eCUK or the services it provides should first be addressed to eCUK. You agree that all responses from eCUK relating to such complaints may be sent to you by email. We will consider any complaint sent by you to us. For further information, please refer to our Complaints Procedure. 

If you are a consumer, micro-enterprise or charity that is resident in the United Kingdom, you may also escalate your complaint to the Financial Ombudsman Service, which is the competent authority to receive out-of-court complaints by customers of payment service providers authorised in the UK, if you are not satisfied with eCUK’s answer to your complaint. For further information, please refer to the Financial Ombudsman website and the Financial Ombudsman Services Standard Explanatory Leaflet.

If you are suspicious about a financial service provided by us, or you want to report a scam, you can make a complaint to the Financial Conduct Authority (www.fca.org.uk).

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 eCUK (with the exception of a termination notice pursuant to Part I, Section 10) shall be served by mail to the following address: eBay Commerce UK Ltd, Hotham House, 1 Heron Square, Richmond upon Thames, Surrey TW9 1EJ, United Kingdom.

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 England and Wales. 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 English law.

As a consumer, you may bring any judicial proceedings relating to the Payments Terms of Use and these additional Payments Terms for Payment Services provided by eCUK before the competent court of either your place of residence or eCUK's place of business in the United Kingdom. If eCUK 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 English courts.