I. GENERAL PAYMENTS TERMS
This Part I of the Payments Terms of Use applies to all Payment Services you receive from the eBay
Payment Entities (also collectively referred to as “we” or “us” in this
Part).
1. About Payments on the eBay Services
You agree to have the eBay Payment Entities receive or execute payments on your behalf in relation to
your use of the eBay Services, and manage settlement of related payments to you (referred to as
“Managed Payments,” “Payment Services,” or
similar names).
Buyers may pay for your items using payment methods such as the following, the availability of which
may vary:
- Certain credit or debit cards (including VISA, Mastercard, and Discover),
- PayPal,
- Venmo (available to buyers located in the US),
- Digital wallets (such as Google Pay, and Apple Pay),
- Direct debit,
- “Pay Later” payment methods or point-of-sale financing known in some regions as payment
via installments, or “direct debit upon invoice” or “payment upon invoice,” or
“Buy Now Pay Later,”
- eBay coupons, gift cards, etc. (if applicable), or
- Funds held in a stored value account issued under eBay’s US Balance Terms and Conditions
(currently only available to selected sellers residing or established in the United States).
We may modify the scope of payment methods available at our sole discretion.
The underlying contract for the buyer’s purchase of “items” (which may refer to goods and/or services)
from you is directly concluded between you and the buyer.
After a Managed Payments transaction occurs, you will receive a notification confirming such payment
transaction. We will initiate settlement of proceeds received to your Linked Financial Account (as
defined below in Part I, Section 4 “Seller Onboarding”). You can
access the status of your Managed Payments transactions, including settlements and other payment
information, under the Payments tab in the Seller
Hub, which will be
available to you when you successfully onboard to Managed Payments. If a payment is made to you in
error, or if you receive funds that you are not otherwise entitled to receive at the time of
disbursement, we have the right to recoup such amounts from you.
2. International Sales
Because multiple eBay Payment Entities provide Payment Services, you may receive Payment
Services from more than one eBay Payment Entity, as follows:
- If you receive Payment Services from an eBay Payment Entity, such entity is appointed to process
transactions and manage the settlement of funds related to your sales.
-
Each eBay Payment Entity is appointed to manage payments for sales on one or more sites, as set forth
in the table below (“Responsible Payment Entity”). The site on which you
list your item will determine the Responsible Payment Entity for a given
sale. For example, ECA would be the Responsible Payment Entity if you sell an item that you listed on
ebay.com.au.
-
Your “Payout Entity” is the eBay Payment Entity associated with the
country in which you reside or are established as a business. Your Payout Entity is assigned to you as
illustrated in the table below, unless you and we otherwise agree. You will
receive all disbursements to your Linked Financial Account from this entity, regardless of where you
list your items.
-
If you sell an item listed on an eBay site whose Responsible Payment Entity is also your Payout
Entity, your Payout Entity will process the sale and settle the corresponding funds to your Linked
Financial Account. For example, if your Payout Entity is ECCA, your funds awaiting
payout from sales on ebay.ca will be processed and settled to your Linked Financial Account by ECCA.
-
If you sell an item listed on an eBay site whose Responsible Payment Entity differs from your Payout
Entity, the Responsible Payment Entity will process the sale and transfer the corresponding funds to
your Payout Entity, which will receive the funds on your behalf and in turn
disburse them to your Linked Financial Account. For example, if your Payout Entity is eCI and you
reside in an “Additional Country” (as such term is defined in the chart below), your funds
awaiting payout from sales on ebay.de will be managed by eBay Sarl and settled
to eCI. eCI will then disburse the funds to your Linked Financial Account.
-
In cases where you have listed an item on an eBay site whose Responsible Payment Entity differs from
your Payout Entity, you will cease to be considered as receiving payment services from that
Responsible Payment Entity if more than 12 months have passed since you last sold an item listed on
the relevant eBay site.
The following table illustrates these distinctions:
| eBay Payment Entity |
Responsible Payment Entity for Sales of Items Listed on |
Payout Entity for Sellers Residing or Established in |
Additional Payments Terms |
| eCI |
ebay.com |
the United States (all references herein to the “United States” shall include its territories)
and all other countries (together, the “Additional Countries”) that are not included among the
countries associated with an eBay Payment Entity below |
II. ADDITIONAL PAYMENTS TERMS FOR SERVICES PROVIDED BY eBay Commerce
Inc.
|
| eBay Sarl |
All European Economic Area (“EEA”) eBay sites (including ebay.de, ebay.ie,
ebay.fr, ebay.it, ebay.es, ebay.at, ebay.nl, ebay.be, befr.ebay.be, benl.ebay.be, ebay.pl etc.)
and ebay.ch |
EEA countries (except Iceland) or Switzerland |
III. ADDITIONAL PAYMENTS TERMS FOR SERVICES PROVIDED BY eBay S.à r.l.
|
| ECCA |
ebay.ca
cafr.ebay.ca
|
Canada |
IV. ADDITIONAL PAYMENTS TERMS FOR SERVICES PROVIDED BY eBay Commerce
Canada Ltd.
|
| ECA |
ebay.com.au |
Australia |
V. ADDITIONAL PAYMENTS TERMS FOR SERVICES PROVIDED BY eBay Commerce
Australia Pty Ltd.
|
| ECUK |
ebay.co.uk |
the United Kingdom, Jersey, Guernsey, Gibraltar (references made herein to the “United
Kingdom” are deemed to also include Jersey, Guernsey or Gibraltar for the purposes of these
Payments Terms of Use) |
VI. ADDITIONAL PAYMENTS TERMS FOR SERVICES PROVIDED BY eBay Commerce UK
Ltd.
|
If you reside outside the EEA (except Iceland), the United Kingdom, and Switzerland, the performance of
any Payment Services provided to you by eBay Sarl and/or ECUK is deemed suspended until an item you
listed on a EEA, UK, or Swiss eBay site is sold.
Payout Currency
Your “Payout Currency” is the currency that we will use for settling
your transaction proceeds to your Linked Financial Account. We will generally determine your Payout
Currency as follows, unless you and we agree otherwise:
- If you are a seller residing or established in the United States, your Payout Currency is the US
Dollar.
- If you are a seller residing or established in an EEA country (except Iceland), your Payout
Currency will be the Euro.
- If you are a seller residing or established in the United Kingdom, Switzerland, Liechtenstein, or
Australia, your Payout Currency will be based on your country of residence.
- If you are a seller residing or established in Canada, your Payout Currency will be the Canadian
Dollar or, if offered by us and selected by you, the US Dollar.
- If you are a seller residing or established in an Additional Country, then your Payout Currency is
the US Dollar, or such other currency as we may offer and you may select as determined by your
country of residence.
We may enable further Payout Currencies at our sole discretion in the future. Where offered by us and
agreed upon by you and your buyer, your buyer may pay for an item you sell with currency other than
your Payout Currency. When this happens, the paid amount will be converted
into your Payout Currency prior to disbursement of the funds to you, using the applicable transaction
exchange rate and assessing the currency conversion charge as indicated on our Fee Page described in
Section 3 (“Seller Payment Fees”) below. Similarly, your receipt
of eBay Services from Affiliates may cause you to incur fees which are published in a currency other
than your Payout Currency; if this happens, we may convert such fees into your Payout Currency in the
same manner as described in the prior sentence.
Further, if you live in an Additional Country, the financial institution you opened your Linked
Financial Account with may charge you a separate fee for converting your funds from the US Dollar to
your local currency.
3. Seller Payment Fees
The fees and expenses which we charge in relation to your use of Managed Payments are, unless otherwise
communicated to you, set forth in the applicable fee page linked in the tables below based on the
country that you reside or are established in (“Fee Page”). For instance, if you
reside in Australia and do not have an eBay store, clicking on the “Australia” link in the “Sellers in
___ without eBay Stores” column will take you to your applicable Managed Payments fee page; in contrast,
if you reside in Australia and have an eBay store, you should click on the
“Australia” link in the “eBay Store Sellers in” column. Such fees and expenses are subject to change, as
set forth in the applicable User Agreement. For instance, if the Australian User Agreement is
applicable, we may change our seller fees from time to time in the manner set out in the Australian User
Agreement.
In some circumstances, you might be eligible for a credit of certain fees you paid, as described on the
Fee Credits
page.
4. Seller Onboarding
In order to use our services, you must register and accept these Payments Terms of Use. If you reside in
the EEA, the United Kingdom, or Switzerland, your submission of your Managed Payments online
registration application constitutes your offer to conclude this agreement. If your
onboarding is not immediately confirmed, you will receive notification that you have been approved to
receive services once we have reviewed your information.
To use Managed Payments, you must:
-
Link a financial account, so you may receive settlements of proceeds from Managed Payments to this
account (“Linked Financial Account”). If you reside in the United States, Canada, the
United Kingdom, or Australia, your Linked Financial Account must be a bank account based in your
country of residence, or such other type of account or instrument (such as a debit card) that we may
permit in our discretion. If you reside in a country within the EEA (except Iceland), you may provide
a bank account located in any EEA member state (except Iceland), as your Linked Financial Account. If
you reside in Switzerland or Liechtenstein, you must provide a bank account located in Switzerland or
Liechtenstein as your Linked Financial Account. If you reside in an Additional Country, we may require
you to create a Linked Financial Account with a specific non-bank third-party financial institution to
receive payouts. Depending on the Additional Country that you reside in, we may also offer you the
option to use a bank account located in the Additional Country as a Linked Financial Account. If we
cannot make direct debits from your Linked Financial Account for Owed Amounts (as defined in Section
10), we require you to keep another payment method on file with us and we may withhold payouts to your
Linked Financial Account until you have successfully provided us with such other payment method.
-
At this time, you may only use our Payment Services to receive disbursements to a Linked Financial
Account. You may change your Linked Financial Account at any time as permitted by us. Payouts will be
made to your Linked Financial Account subject to (i) your completion of the
Linked Financial Account verification process, and (ii) the completion of our assessment for security
and risk purposes and under our anti-money laundering and other legal obligations. Our assessment
typically takes up to two (2) days after your completion of the verification
process, or longer if any issues or irregularities arise in which case we will complete our assessment
without undue delay. If you reside in an Additional Country and we offer you the option to receive
payouts to more than one Linked Financial Account, we will allocate your
payouts among your Linked Financial Accounts in conformity with your instructions. By adding a Linked
Financial Account to your eBay account, you represent and warrant that you are the lawful owner of, or
have the lawful right to use, any Linked Financial Account you associate
with your account. In certain circumstances, we may permit you to direct payouts to a Linked Financial
Account owned or controlled by your legal representative. If you elect to receive payouts to a Linked
Financial Account owned or controlled by a legal representative, you
represent and warrant that the legal representative has the authority to receive payouts on your
behalf, and you fully release us from any and all liability for losses you may sustain arising from
disbursements made by us to the legal representative under these Payments Terms of
Use.
-
Provide us with all information which we may require for purposes that include: verifying your
identity, complying with applicable laws and regulations such as anti-money laundering and sanctions
screening obligations, allowing us to manage settlements of your transaction
proceeds, and assessing fraud and risk. If you are an individual, this information may include,
without limitation, your full name, address, phone number, date of birth, taxpayer identification
number, bank account information, and a form of government-issued identification
(e.g., a copy of your identity card or driver’s license). If you are a business, this
information may include, without limitation, your full business name, address, phone number, entity
type, bank account information, tax identification number, and business number, in
addition to details regarding your beneficial owner(s), director(s), officer(s), authorized
representative, legal representative, and/or primary contact, such as name, contact information,
nationality, title, and government-issued identification (such as a United States Social
Security Number). You understand that we will be unable to settle your proceeds or issue you any tax
documents (such as a United States Internal Revenue Service Form 1099-K) if you do not provide or
appropriately update us with accurate contact information and other requested
data.
-
Provide us with all information necessary to authenticate you or your payment transactions, which may
include validation of your phone number or email. You understand that we may be unable to execute
certain transactions or complete certain requests without this information.
-
Maintain in a timely manner the accuracy of the information we have on file, and consent to our
periodic updating of such stored information based on information provided by you, your bank, or other
payments services providers. You will only provide us information about payment or settlement methods
that you are authorized to use. You understand that if you update information such as your country of
residency, you may need to repeat some or all of the onboarding steps described above to continue
using Payment Services.
-
Comply with all, and not cause a third party to violate any, applicable laws, regulations, rules, and
terms and conditions in connection with your use of the eBay Services. You will not use Payment
Services to move funds associated with gambling. You understand that some third parties (such as
banks, credit and debit card issuers, credit and debit card networks, and payments services providers)
may have their own terms and conditions for the payment or settlement methods you or buyers choose to
use in connection with payments that we manage, such as terms and conditions that relate to the
settlement of funds, chargebacks, prohibited items, and overdrafts. Failure to abide by third-party
terms and conditions may result in fees assessed to you, delays in your receipt of funds, or other
actions taken by such third parties. You agree that we have no control over, or responsibility or
liability for, such fees, delays, or actions.
You authorize us and our Affiliates to verify and evaluate information you provide to us, including by
verifying the existence of your bank account, verifying your identity and other personal information,
obtaining reports from third parties, or comparing information you provide to us with information
provided by third parties. Such third parties may include without limitation banks, credit and consumer
reporting agencies, data brokers and service providers. We reserve the right to close, suspend, or limit
your account or rescind your access to any or all of our services in the event we are unable to obtain
or verify any of this information. We are not responsible for any losses suffered by you as a result of
incomplete or inaccurate information you provide.
5. Shipping
When you receive notice that a buyer has paid for an item through a Managed Payments transaction, you
must then ship or otherwise deliver your item in accordance with the agreed
shipping
method.
6. Managed Payments Limitations
In some listings or categories, eBay may allow sellers to offer buyers the option to pay for a purchase
directly to the seller without using the payment services offered by us under these Payments Terms of
Use, for example by cash payment on pickup (“Offline Payment
Methods”). We do not manage payments for such Offline Payment Methods. Offline Payment Methods are
not covered by eMBG programs; additionally, we
will not assist buyers or sellers with payment disputes (such as
chargebacks) in connection with Offline Payment Methods. Your listings are subject to eBay’s payment
policies and any other terms about payments that may appear on the eBay
Services, including terms relating to the payment and disbursement methods available to you for such
listings.
7. Using Managed Payments
Returns and Cancellations; Refunds
If your buyer is entitled to a refund for a return
or cancellation for a Managed Payments transaction, based on an agreement between you and the
buyer or according to eBay’s
policies regarding such transaction, you authorize us to pay to the buyer the corresponding refund
amount on your behalf.
eBay Money Back Guarantee Programs
eBay offers buyers protection programs on certain eBay Services to ensure that buyers receive the item
they ordered or get their money back (“eBay Money Back Guarantee” in most jurisdictions and “eBay
Buyer Protection Program” in Germany, collectively referred herein as “eMBG”). You understand that if
your buyer successfully files a claim under such program for a Managed Payments transaction, the
respective eBay company offering the eMBG program (“eMBG Service
Provider”)
will reimburse the buyer the amount owed on your behalf pursuant to the applicable User
Agreement and eMBG policy. According to the applicable
User
Agreement and eMBG
policy, you must reimburse
the eMBG Service Provider for any such amounts.
Disputes
A buyer (or the owner of a payment instrument) may initiate a chargeback, direct debit reversal, or
PayPal buyer protection claim, or otherwise ask their financial institution to open a payment dispute
(all referred to solely within this Part I as
“Dispute”) in connection with a Managed Payments transaction. The final
outcome of the Dispute will be decided by the buyer’s financial institution.
We will manage Disputes, as follows: When a Dispute is opened, we will notify you and ask you whether
you choose to accept or challenge the Dispute. If you accept the Dispute, you agree to the reversal of
the payment to the buyer. If you challenge the Dispute, eBay will submit to
the financial institution any relevant evidence you provide about the Dispute. You agree to provide
timely information to assist in the Dispute resolution process and understand that your failure to
provide requested information on the timeline we require and as specified by
credit and debit card networks' and other payment service providers' rules could adversely impact the
outcome of a Dispute investigation, up to complete forfeiture of the amounts in Dispute. If you accept
the Dispute or if the buyer’s financial institution decides in favor
of the buyer, the respective amount will be refunded to the buyer's original payment method and
charged to us.
You must reimburse us for such charges, unless you are eligible for the
Seller
Protection policy provided by the eBay Affiliate which provides the eBay Services to you, in
which case you are not held liable for amounts refunded to the buyer.
If you
choose to accept the Dispute, we may still decide to challenge the Dispute in our
discretion and at no additional costs to you.
Some payment institutions offer an optional arbitration process to contest the results of an
individual Dispute. We may ask for your consent to participate in such arbitration process. If you
consent to chargeback arbitration, you authorize us to represent and defend you
throughout the arbitration. You will be responsible for all costs and expenses (including reasonable
legal fees and any arbitration fees assessed by third parties, arising from such arbitration
proceedings), as agreed between you and us in each case, and you authorize us to pay
these amounts on your behalf while the arbitration is pending.
You will not contest the resolution of any Dispute that we investigate and/or re-present, nor will you
re-open resolved Dispute investigations. If you are a consumer in the EU, UK or Australia, or a Small
Business within the definition of Small Business Contract (as defined in s23 of Schedule 2 –
Australian Consumer Law of the Competition and Consumer Act 2010 (Cth)) (“Australian Small
Business”)
in Australia, your rights to file a complaint or to take legal action in court remain unaffected.
Seller Protection
If you have met your eligibility requirements for, and fulfilled all your applicable obligations,
under the Seller
Protection policy provided by the eBay Affiliate which provides the eBay Services to you, you
will not be held liable for any amounts to be returned to buyers due to eMBG program claims, Disputes
or unauthorized transactions with eBay spendable funds.
Fines, Penalties and Losses
We are unable to manage payments for prohibited
and restricted items. Before listing your item, you must ensure it complies with eBay’s
rules, applicable
laws, and any additional restrictions imposed by credit card associations, network rules, or
third-party payments service providers that we may use.
You agree to indemnify and reimburse us for all reversals, chargebacks, claims, costs, losses,
damages, fees, fines, penalties and other liabilities and expenses incurred by us or brought against
us by a third party arising out of (a) your breach of these Payments Terms of Use or
the User Agreement including without limitation any violation of eBay’s policies; (b) your violation
of any law or the rights of a third party; or (c) any transaction processed by us for you for an item
or service you listed on eBay (including without limitation the accuracy of
your item description or any claim or dispute arising out of items or services offered or sold by
you).
Holds
We reserve the right to manage the risks associated with providing you the Payment Services, by
placing restrictions on your access to your funds when deemed necessary, as described in further
detail below.
You agree that we may place holds on your funds or instruct a payment service provider to hold your
funds, prior to disbursement. For the avoidance of doubt, if you receive funds to either a stored
value account issued to you under eBay’s US Balance Terms and Conditions or to a payment account, a
hold
may also be placed on such funds. If a hold is placed on your funds, the amount and status of the hold
will be displayed under the Payments tab in the Seller Hub/My eBay. We will notify you through the
eBay Message Center and/or by email and, depending on the reason, may request additional information
from you to help resolve the issue.
If you are a consumer in Germany, eBay Sarl will apply holds to your funds in accordance with Part
III, Section 7. For all other sellers, we apply holds under the following conditions.
A hold may be placed if we have reason to believe there is an
increased risk associated with the provision of our Payment Services or with a certain Managed Payment
transaction, for example if we cannot verify your identity or if your buyer files a dispute. Please
see our holds
help page for more detail on the hold types and examples. We take into consideration relevant
factors when assessing the risks including selling history, seller performance, seller type, returns
and cancellations, chargebacks, riskiness of the listing category, transaction value, the ability to
make direct debits from your Linked Financial Account, and the filing of eMBG claims. We also may
cancel or freeze the settlement of your proceeds as necessary to comply with our legal obligations in
connection with fraud prevention, risk management, or regulatory compliance, or, upon lawful request
by our Affiliates, to enable them to comply with legal obligations applicable to them (such as
compliance with tax-related obligations from EU DAC7
legislation). Any hold placed on your funds will be released when the risk associated with our
provision of Payment Services is reduced or eliminated.
If your payout entity is eCI, ECA, or ECCA, we may temporarily retain a portion of your funds to cover
refunds, Disputes, or other post-transaction activities after you close your account. Unless otherwise
required by law, we will settle any unused retained amounts to your Linked Financial Account within
180 days of your eBay account closure.
Your bank’s holds and settlement procedures may at times cause delays in the settlement of
funds to your Linked Financial Account, and we do not have control over these delays.
Reserves
In order to manage risk or secure your obligations under these Payments Terms of Use, we have the
right to require a reserve of transaction proceeds. This means that the respective portion of your
funds is reserved as unavailable for disbursement. Reserves may be in the form of
rolling and/or minimum reserves.
-
A rolling reserve is a reserve funded by withholding a set percentage of your transaction proceeds
each day for a fixed period to be released to you later at a scheduled time on a rolling basis. For
example, we may require a rolling reserve of 10% for a period of 60 days. Under
this requirement, 10% of your transaction proceeds earned on day 1 will be withheld from your
payouts and then be released to you on day 61. Subsequently, 10% of your transaction proceeds earned
on day 2 will be withheld and then released to you on day 62, and so forth. Rolling
reserves are the most common type of reserve.
-
A minimum reserve is a requirement to hold a specific amount of money in your reserve. A
minimum reserve may be funded by contributing a set percentage of your daily transaction proceeds to
the reserve up to the minimum requirement, or by setting-off the entire amount of
the minimum requirement from your pending payouts. For example, if we require a minimum reserve of
$5,000, the reserve may be funded by contributing 10% of your transaction proceeds to the reserve
each day until the amount reaches $5,000. Alternatively, if your pending payouts
equal or exceed $5,000, the minimum reserve may be funded by setting off the reserve requirement
from your pending payouts at one-time in full.
We may require a reserve if we have reason to believe there is an increased risk of non-fulfillment
of your obligations under these Payments Terms of Use. We take into consideration relevant risk
factors before requiring a reserve, including, as applicable (i) your eBay account history, (ii)
whether the category you are listing in has a higher likelihood of chargebacks or refunds, (iii)
whether your eBay account has an elevated number of customer claims or disputes, (iv) your business
and/or personal credit history (business sellers may be subject to credit agency checks if permitted
by applicable law), (v) whether you are selling products in advance of availability (pre-selling
orders), and (vi) whether you have extended delivery time frames. Depending on your performance and
the risk associated with your use of Managed Payments, a reserve may be raised, lowered, or removed at
any time. The amount of each reserve (and any subsequent change) will be reasonably determined based
on the seller-specific risk (including the volume of your sales). The amount and status of each
reserve will be displayed under the Payments tab in the Seller Hub/My eBay and we will notify you of
any reserves we require of you.
If ECA is your Payout Entity, any reserve required of you is further subject to the Seller Reserve Terms and Conditions. By
accepting these Payments Terms of Use, you agree to the
Seller Reserve Terms and Conditions to
the extent they apply to you.
Our Liability
If we have acted with reasonable precautions and/or in accordance with our legal obligations, we are
not liable for any unauthorized, incorrectly, unexecuted, or delayed payment transactions when such
issues were caused by abnormal and unforeseeable circumstances beyond our
control.
Signature
In instances where we are required to collect your signature to meet anti-money laundering and/or
other legal requirements, we may (where not prohibited by applicable law) treat your acceptance of
these Payments Terms of Use as the equivalent of you providing us your signature.
8. Specific Payment Methods
8.1 Specific Payment Methods
On certain eBay sites in the EU and UK, buyers may be able to choose specific payment methods,
including but not
limited to direct debit, payment by invoice, or installment payments (“Specific Payment
Methods”), to
pay for items purchased from you, and which require you to assign your purchase claim against the buyer
to us. The
Specific Payment Methods are offered to buyers by our integrated payment partners (“Payment
Partners”).
See here
for a list
of the Specific Payment methods offered on the respective eBay websites and the respective Partner
Terms.
If your buyer chooses a Specific Payment Method in connection with a purchase on eBay (“Sales
Contract”), the Responsible Payment Entity processing the transaction (see Part I, Section 2 ) will
acquire
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 referred to as “Chain Assignment”. Buyers using a Specific Payment
Method will make
their payments to the Payment Partner, who will forward the payments to the Responsible Payment Entity
via the
Acquirer, so that the Responsible Payment Entity can process and settle such payments to you according
to these
Payments Terms of Use.
You shall conclude with your buyer the Payment
Partners’
terms and conditions for the use of the Specific Payment Method, including any applicable privacy
notice
(“Partner Terms”). 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 checkout and make the Partner Terms
available to the
buyer on your behalf.
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 the Responsible Payment Entity, eBay, the buyer, or any
third party.
8.2 Purchase and Assignment of Seller Receivables
You agree that each receivable against your respective buyer in connection with a Sales Contract where
your buyer
has chosen a Specific Payment Method (jointly the “Seller Receivables” and each a
“Seller
Receivable”) will automatically be offered to the Responsible Payment Entity for purchase after
conclusion of
each Sales Contract. The Responsible Payment Entity 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 the
Responsible Payment Entity (“Single Purchase Agreement”) regarding the relevant Seller
Receivable which
is purchased (the “Purchased Receivable”) in accordance with this Section 8.
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 the Responsible Payment Entity, which hereby accepts the assignment. Upon conclusion of a
Single
Purchase Agreement, you and the Responsible Payment Entity 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 the Responsible Payment Entity and the acceptance of purchase
offer
constitutes an acceptance of this offer by the Responsible Payment Entity.
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 the
Responsible
Payment Entity.
You irrevocably authorize the Responsible Payment Entity 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.
8.3 Collection Risk/Collection
Except in a case of a Defect Receivable pursuant to Section 8.5, the Responsible Payment Entity 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. The Responsible Payment Entity 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.
The collection and enforcement of the Purchased Receivables is the responsibility of the Responsible
Payment Entity
which shall bear any and all costs in this regard. The Responsible Payment Entity 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 Assignment arrangement.
8.4 Representations and Warranties
Every time upon entering into a Single Purchase Agreement concerning a Purchased Receivable, you
represent and
warrant to the Responsible Payment Entity that
-
the Purchased Receivable is valid, validly assigned to the Responsible Payment Entity, 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.
Your representations and warranties with respect to a Single Purchase Agreement will be provided by the
Responsible
Payment Entity to the Acquirer (and by the Acquirer to the Payment Partners) back-to-back in accordance
with the
Chain Assignment arrangement.
8.5 Assignment of Purchased Receivables back to You/Disputes
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, you do not provide valid proof of shipment or delivery or other proper performance
to the
Responsible Payment Entity in accordance with the Seller Protection Policy;
-
you are in breach of a representation and warranty pursuant to Section 8.4 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 the Responsible Payment Entity, the Responsible Payment Entity is entitled
to assign
back any Defect/Refunded Receivable to you.
The Responsible Payment Entity hereby assigns all current and future Defect/Refunded Receivables to you
subject to
the condition precedent that we notify you of the refund to the buyer in relation to a Defect or Refund
Receivable
(the “Reassignment Notice”), and you hereby accept the assignment of all current and future
Defect/Refunded Receivables. You are obliged to pay back any purchase price which you have received from
the
Responsible Payment Entity for the Defect/Refunded Receivable without undue delay after the relevant
Re-Assignment
Notice was provided. The Responsible Payment Entity is entitled to set off this claim against you with
any further
payment it is obliged to pay to you.
8.6 Information and Assistance Obligations/General Provisions
You shall undertake to inform the Responsible Payment Entity promptly upon becoming aware of
(i) any breach of
a representation and warranty according to Section 8.4 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.
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 the Responsible Payment Entity of any rejected payments on the Purchased Receivables.
Upon our request, you shall promptly hand over to the Responsible Payment Entity, 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.
9. Security; Third-Party Providers; Data Protection
Security
You acknowledge the importance of the security measures we put in place with regards to Managed
Payments, and agree to comply with them. You are responsible for maintaining the security of all
passwords, codes, or other login credentials used to access your eBay account and the
related Payment Services and, subject to eBay’s seller protection policies, for any transactions
made or actions taken using your eBay account.
If you become aware of an unauthorized payment transaction or of a delayed or incorrectly executed
transaction, you must notify us immediately by using a contact method stated in the
“Introduction” of these Payments Terms of Use, above. If you notify us by telephone
of such a transaction, we may request written confirmation immediately following the notification. The
notification shall be free of charge.
Third-Party Providers
We may use our Affiliates or third-party service providers (for example companies that process
payments and disburse settlements, perform risk assessments or compliance checks, verify identity, or
validate payment or settlement methods) in different
locations to assist us in providing
Managed Payments. Our Affiliates or third-party service providers may further outsource the services
to other eBay Affiliates or third-party service providers. In this context we
may transfer your data to such eBay Affiliates or third-party service providers to whom services are
outsourced. At times, we may communicate to you through the eBay Affiliate which provides the eBay
Services to you. For example, our Affiliate may notify you of a hold or other
restrictions taken on your account. As relating to outsourced services, you hereby explicitly agree to
our use of such eBay Affiliates or third-party service providers to assist us in providing Managed
Payments and the outsourcing of services in relation thereto (including the
right to sub-outsource), and you accept that the obligation of secrecy does not exist with respect to
the related transfer of data (e.g. contact details, account information, sales related information) to
such eBay Affiliates and third-party service providers. Our Affiliates and
third-party service providers are either subject by law to a professional secrecy obligation, as
provided by the law applicable to the eBay Affiliates or third-party service providers, or will be
contractually bound to comply with strict confidentiality rules. Customer data
transferred in accordance with these purposes will only be accessible to a limited number of persons
within the relevant eBay Affiliates or third-party service providers, on a need to know basis.
Regardless of whether we use eBay Affiliates or third-party service providers, the
appropriate eBay Payment Entity remains responsible to you for the performance of the services
contemplated under these Payments Terms of Use.
In conformity with our User
Privacy Notice, we may also share information collected by us pursuant to these Payments Terms
of Use with our Affiliates as
necessary to enable your continued use of our Payment Services and the eBay Services. Please view our
User Privacy Notice for more information on the collection and processing of personal data, including
details on processing purposes and legal bases under applicable data
protection laws.
Data Protection
Our performance of Payment Services entails the processing of your buyer’s personal data when a sale
happens. With respect to such data processing, you, the Responsible Payment Entity, and the Payout
Entity each act as a separate data controller/business under applicable data protection laws. You
agree to comply with your obligations as a data controller/business pursuant to all applicable data
protection laws to which you are subject, and provide us with all reasonable cooperation, information,
and assistance as necessary for us to meet our requirements as a data controller/business.
10. Collection of Fees and Other Amounts You Owe
You authorize us to collect from you any amounts you owe us, our Affiliates (in particular the Affiliate
which provides the eBay Services to you), or third parties who, as separately authorized by you, provide
services to you in connection with your use of the eBay Services (such
as shipping carriers), under these Payments Terms of Use, the User
Agreement, any other service contract, policy, agreement or as required by law (referred to as
“Owed Amounts”). Owed Amounts typically include the following:
- Fees;
- Amounts as described in “Returns and Cancellations; Refunds”, “Disputes” or
“Fines, Penalties and Losses” in Section 7 above;
- Amounts you owe the eMBG Service Provider under the applicable eMBG Policy;
- Taxes or other charges related to your use of our or our Affiliates’ services, if applicable
and required by law; and
- Amounts we incorrectly settled to you due to a payment processing error or otherwise (see Section 1
above).
For clarity, your authorization permits us to collect amounts which you already owe to us, our
Affiliates or third parties as described above. This authorization does not establish any new claims for
payment against you. In some cases, our Affiliates may assign a claim against you
for payment of Owed Amounts payable by you to us.
Collection of the Owed Amounts may be carried out on a one-time, sporadic, or recurring basis by the
following means:
- Retaining such amounts from your current or future disbursements relating to any transactions that
you may have in connection with any eBay account owned by you;
- Recouping from your Linked Financial Account (and if required, by issuing a direct debit mandate or
other similar authorization);
- Recouping from any other payment instrument or payment method you may have authorized or placed on
file with us or our Affiliates (for example, to pay for seller fees, shipping labels, or dispute
resolution);
- Recouping from your stored value account, if a stored value account has been issued to you;
- Recouping from your payment account, if a payment account has been issued to you; and
- Retaining collections agencies or using other collections methods, if the collection by other means
has been unsuccessful.
You authorize us to choose the method of collection among those listed above. We generally deduct Owed
Amounts from your current or future disbursements we process on your behalf. If a stored value account
or payment account has been issued to you, we will deduct the Owed Amounts
from funds held in the relevant stored value account or payment account before disbursing the funds to
you. If your disbursements awaiting payout or funds held are not sufficient to cover these amounts, we
will charge your Linked Financial Account or another payment method on file.
If you have several payment instruments on file, you may indicate a specific payment instrument as your
preferred payment method for collecting Owed Amounts in your eBay account.
You also authorize the Affiliate whom you have entered into the User
Agreement with for the provision of eBay Services to charge you for any Owed Amounts on our behalf
from any
payment method you may have on file with such Affiliate.
If you provide us with a SEPA/BACS direct debit mandate for debiting Owed Amounts from your bank
account, any required advance notice will be given to you at least three days prior to charging your
bank account. At any point prior to you explicitly cancelling a SEPA/BACS direct
debit mandate we have obtained from you, we may deduct Owed Amounts based on such mandate. Unless you
are a consumer in the EU or UK, you waive, to the extent possible under applicable law, any rights you
may have to receive advance notice of any particular preauthorized charge.
If our attempt to recoup an Owed Amount from a payment instrument you have authorized us to use fails
as a result of your acts or omissions, we may charge you for the failed attempt as set forth on the Fee
Page or as applicable in Parts IV and V below.
11. Amendment
All sellers (except consumers in Germany)
We may amend these Payments Terms of Use by notifying you of the changes in 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 Center). Before the anticipated effective date of such change, we will notify you at least
fourteen (14) days prior, or
- if your Payout Entity is eBay Sarl, then two (2) months prior,
- if your Payout Entity is ECUK and you are a consumer, micro-enterprise or charity, then two (2)
months prior,
- if your Payout Entity is ECA, then thirty (30) days prior.
If you are a consumer (i.e., not a business) outside of Germany whose Payout Entity is eBay Sarl or
ECUK, you will be deemed to have consented to these changes unless you explicitly reject them before the
anticipated effective date. For all other sellers, your continued use of
Managed Payments beyond the effective date of the changes will constitute your acceptance of the
changes.
Consumers in Germany
If you are a consumer in Germany, we may offer you changes to these Payments Terms of Use at any time.
We will be notifying you in text-form, for example via email, and/or the Seller Hub or the eBay Message
Center of any proposed changes at least two (2) months before the
anticipated effective date of such change.
The changes offered to you shall only become effective if you accept them as follows:
- If a proposed change is a material change (as defined below), we will ask for your active consent to
such a change.
-
If a proposed change is not a material change, you will be deemed to have consented to these changes
unless you explicitly reject them by notice to us in text form (e.g. via email) before the anticipated
effective date. In case of such changes, we will inform you in the notice
with which we offer you the changes about the right of rejection, the period of time and your
termination right (see subsection below).
A “material change” is a change of these Payments Terms of Use (especially with respect to provisions
defining the type and general scope of the agreed services or the term and termination) in our favor,
which would significantly shift the balance between service and remuneration
to your disadvantage or would effectively establish an entirely new contract.
A change which is due to a requirement of law, a legally binding court decision or an injunction does
not constitute a material change.
Termination right in case of amendments (all sellers)
If you do not agree to proposed changes, you may terminate these Payments Terms of Use, pursuant to
Section 12 (“Term, 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.
12. Term, Termination
These Payments Terms of Use are effective indefinitely, unless terminated in accordance with the below.
We may terminate these Payments Terms of Use by giving written notice fourteen (14) days prior or if
eBay Sarl or ECUK is your Payout Entity, then two (2) months prior via email to your registered email
address. However, we may also terminate these Payments Terms of Use on less
notice or with immediate effect in the following scenarios:
- We are required to do so by law or a court order,
- A governmental authority requires us to do so to comply with anti-money laundering or
counter-terrorism financing obligations,
- We have reasonable grounds to believe you are carrying out a prohibited or illegal activity
(including, but not limited to, financial crimes such as fraud, bribery, corruption money laundering,
or sanctions violations),
- We are unable to verify your or your business’s identity, or any other information pertaining
to you, or
- You are otherwise in breach of a material contractual obligation of these Payments Terms of Use, or
seriously or persistently violating any provisions of these terms in any other way.
If eBay Sarl or ECUK is your Payout Entity, you may terminate these Payments Terms of Use and close your
payment account, without prejudice to the termination events foreseen above, by giving one (1) month
notice by notifying eBay Sarl preferably via email at payments@ebay.de or ECUK at Paymentsinfouk@ebay.co.uk or by contacting the Customer
Service via any of the available communication methods (e.g. Contact Us form, chat).
If eBay Sarl or ECUK is not your Payout Entity, you may terminate these Payments Terms of Use by
closing your eBay account; if you use Managed Payments after such termination, you will be deemed to
have again accepted these Payments Terms of Use.
If you give notice of termination to one eBay Payment Entity, such notice shall also be deemed as a
termination notice to the remaining eBay Payment Entities.
Your use of the eBay Services as a seller requires continued registration for Managed Payments. Should
you therefore terminate this agreement, you will not be able to use the eBay Services provided by our
Affiliates. Our Affiliates which provide you the eBay Services according to
the User Agreement may terminate the User Agreement pursuant to the termination provisions
therein.
Termination of this Agreement shall not affect the rights or liabilities of either party accrued until
termination and/or any terms intended (expressly or implicitly) to survive termination, including your
obligation to pay amounts owed to us relating to your activities prior to
termination and our right to collect from you such amounts in accordance with these Payments Terms of
Use. If there are pending payment transactions at the time the termination takes effect, they will be
processed pursuant to terms of these Payments Terms of Use unless prohibited
by law. As of the effective date of the termination, you will not be able to sell any items on eBay
Services anymore.
13. Assignment
In our sole discretion, we may assign our rights and obligations under these Payments Terms of Use and,
in such event, we will notify you accordingly.
V. ADDITIONAL TERMS FOR SERVICES PROVIDED BY ECA
In addition to the General Payments Terms above, the following provisions apply with respect to Payment
Services you receive from ECA. Within this section, “we” or “us” refers to ECA.
As between you and ECA, these Payments Terms of Use incorporate by this reference the
User
Agreement. In the event of any conflict between the
User
Agreement
and these Payments Terms of Use, these Payments Terms of Use will govern.
We may change, discontinue, enhance, or modify features of Managed Payments at any time. If ECA is your
Payout Entity, we will notify you of any material changes or modifications to the features of Managed
Payments through eBay messages (in My eBay) or directly to the email address
linked to your account.
1. Receipt and Settlement of Funds; Disabling Payment Methods
After a Managed Payments transaction occurs, you will receive a notification confirming such payment
transaction. In certain instances, your transaction may be declined, frozen, or held for any reason
including for suspected fraud or potential violation of any eBay or ECA policies, or a policy of one of
our third-party payments service providers.
Unless subject to a hold in accordance with these Payments Terms of Use, proceeds from your sales on
eBay will typically become available for disbursement within one to two business days of confirming the
buyer’s payment. In some cases, funds may become available for disbursement after the item is
deemed delivered to its shipping destination. Once available for disbursement, transaction proceeds will
be aggregated in a batch for settlement to your Linked Financial Account upon the next date of your
scheduled payout. Once we initiate disbursement, transaction proceeds will generally be settled to your
Linked Financial Account within two business days after initiating disbursements to you, although actual
settlement times may vary for individual transactions based on circumstances such as your bank’s
processing times. However, we may diverge from this procedure as needed for compliance or risk reasons.
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 for
technical reasons etc.) or otherwise process these funds in accordance with applicable law.
Funds received by us on your behalf represent an unsecured claim for payment against us, but do not
constitute deposits. ECA may combine your funds with the funds of other ECA customers in pooled accounts
and invest the funds. You do not have any ownership interest in these investments and any interest
earned from these investments shall be retained by us.
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) or by facsimile transmission to eBay
Commerce Australia Pty Ltd c/o Corrs Chambers Westgarth, Quay Quarter Tower, 50
Bridge Street, Sydney NSW 2000, Fax: (02) 9210 6611.