eBay Promotions Manager Terms & Conditions
By using the eBay Promotions Manager tool ("Tool"), you the user (“You” and “Your”) agree to be bound by the following Terms and Conditions ("Terms"). These Terms, as amended from time to time, take effect upon Your first use of the Tool and will remain in effect so long as You continue to use the Tool or participate in an eBay promotion.
The Tool is a web-based tool that is designed to be used in conjunction with the eBay.com.au site (“eBay Site”). These Terms apply in addition to eBay's User Agreement, User Privacy Notice, other applicable eBay policies (together "eBay Policies") and applicable laws and regulations (including the Australian Consumer Law). If any conflict or inconsistency between these Terms and any eBay Policy occurs, these Terms will prevail.
In these Terms, "eBay" means eBay Marketplaces GmbH and its affiliates and subsidiaries. You warrant that You are duly authorised to accept and be bound by these Terms.
- Application and Use
- You will only be able to use the Tool if You are a registered seller on the eBay Site with at least one active listing, and have been invited to use the Tool by eBay.
- Access to the Tool will be subject to participation limits set by eBay in its discretion.
- Your use of the Tool is subject to You complying at all times with eBay Policies including the minimum seller performance standards policy and prohibited and restricted items policies. eBay has the right to temporarily or permanently exclude You from using the Tool should You fail to comply with the eBay Policies.
- You agree to use the Tool in accordance with these Terms, the eBay Policies (as amended from time to time) and all applicable laws and regulations.
- eBay can at any time and in its sole discretion expand or limit participation or use of the Tool, or restrict and limit its use. eBay will have the right, but not the obligation, to change the features or functionality of the Tool at any time in its sole discretion, with or without prior notice. eBay reserves the right to remove the Tool completely upon giving You 2 weeks' notice.
- eBay, in its sole discretion, shall decide whether and where on the eBay site the Tool cross promotional offers will be displayed to buyers, if at all, and to explain to buyers, in any manner of its choosing and in any location on the eBay site, what the cross-promotional offers are and how they operate. This includes, but is not limited to, eBay's decision to display items that have strike-through pricing or mark down manager functionality. You are responsible for ensuring that items using strike-through pricing comply with any applicable laws and eBay policies.
- This Tool is available for use in creating cross-promotional offers on www.ebay.com.au only. Only live listings created on www.ebay.com.au and in certain categories are eligible for inclusion in cross-promotional offers. eBay may, in its discretion, expand or limit the ability of buyers to redeem such offers.
- You represent and warrant that when marketing or sharing any of Your promotions (including, but not limited to, Coded Coupons), whether on or off the eBay Site including Your marketing and social media channels, that you shall comply with all applicable laws and regulations, including but not limited to the Australian Consumer Law, in respect of offering and promoting such promotion.
- The Special Offers
- The terms in this Section 2 apply to Your use of the special offers feature in the Tool, if applicable. Using the Tool, You may choose to adjust the pricing of Your listings when they are offered and sold to buyers as part of a cross promotional offer. This means that You can offer buyers certain offers or discounts when they buy certain items or combinations of items. The discount can either be a percentage or fixed amount (the 'Special Offers'). The following terms apply to Special Offers:
- listings eligible for inclusion in Special Offers must be in the fixed price format; and
- to be eligible for inclusion in Special Offers, listings must offer PayPal as one of the payment methods.
- The Tool will enable You to create Order Discount Offers. Also known as order size offers, this feature will allow You to offer a discount off either all of Your inventory, a specific category of Your inventory, or a selection of items in Your inventory, once a buyer reaches a minimum order quantity or monetary threshold. For example, "Save $25 when You buy 3 or more items" or "Save $25 when You spend $100 or more".
- All items that are purchased as part of a Special Offer and provide the same postage service will be grouped together as a single order for postage purposes.
- When a buyer purchases items as part of a Special Offer, the discount (whether a percentage or fixed amount) shall be calculated on the total order value (excluding postage and handling). The discounted total will be displayed to the buyer on the View Item page and in the eBay checkout.
- The discount on the order total will apply to each item purchased, and be weighted accordingly. The final price for each item can be viewed in My eBay and on the Order Details page for buyers and sellers.
- The discounts are calculated based on the following formula:
Undiscounted order subtotal
- Price of item 1 + price of item 2 + price of item 3 ... = Undiscounted order subtotal
- Discount 1 + discount 2 + discount 3 …= Total order discount Total order discount / undiscounted order subtotal = Percentage order discount
- Discount for item 1 = Price of item 1 x Percentage order discount
- Discount for item 2 = Price of item 2 x Percentage order discount
- Discount for item 3 = Price of item 3 x Percentage order discount
- If the buyer exercises their right to cancel their order from a seller and return one or more of the items in a Special Offer, the seller must refund the buyer at least the weighted discounted value of the item being returned.
- All sellers must ensure that their returns policies comply with the Australian Consumer Law. The returns policy specified in each individual listing will apply to the return of each respective item. If Your return policy for an item permits returns, the item price that You reimburse the buyer must at a minimum be the cost-weighted discounted price of the returned item as displayed in My eBay.
- For purchases and buyers eligible for protection under eBay Money Back Guarantee, eBay will treat the cost-weighted discounted price of an item as the "full cost" of that item.
- eBay does not currently charge a fee for use of the Tool. For items sold as part of a Special Offer, eBay will assess final value fees based on the cost-weighted discounted price of each individual item in the order.
- Sellers are subject to all other fees usually associated with selling an item, including but not limited to insertion fees, final value fees and feature fees.
- In accordance with the User Agreement and eBay Fees schedule, we will give You notice of any proposed charges for the use of the Tool by posting the changes on the eBay site with at least fourteen days' notice. Such changes are effective when we post the new charges on the site.
- Coupon Terms
- The terms in this Section 5(i) apply to Your use of eBay Coupons, if applicable.
- From time to time, eBay may invite You to participate in a coupon event where qualifying recipients will be issued a coupon code to save on the price of selected listed items (“eBay Coupon Event”). You will be able to review and join, or decline to join, the specific eBay Coupon Event.
- During the time period specified in the Coupon Event (“eBay Promotion Period”), eBay will display promotion codes (“eBay Coupons”) and these eBay Coupons will be redeemable by qualifying recipients during the eBay Promotion Period. The eBay Coupons can be applied to the purchase of selected items, or items contained within selected eBay categories (“Eligible Items”) and expire at the end of the eBay Promotion Period.
- The eBay Coupons are subject to the eBay Coupon terms and conditions specified in the eBay Coupon Event.
- During the eBay Promotion Period, You must ensure that the non-discounted price for all Eligible Items is no greater than their prices listed on the eBay Site in the ten (10) days preceding the commencement of the eBay Coupon Event.
- When a qualifying recipient redeems an eBay Coupon to purchase an Eligible Item, You will receive payment equal to the discounted price of the Eligible Item namely the listing price less the value of the applied eBay Coupon.
- Your participation in the eBay Coupon Event does not change any fees due to eBay (including insertion fees, final value fees and feature fees), all of which will be based on the discounted price of the Eligible Item for which an eBay Coupon was redeemed.
- The terms in this Section 5(ii) apply to Your use of Coded Coupons, if applicable.
- From time to time, You may offer Your own exclusive discounts in the form of coded coupons (“Coded Coupons”) to buyer groups of Your choosing by creating Coded Coupon promotions in Seller Hub Promotions (“Coded Coupon Promotions”).
- Coded Coupons can be applied to the purchase of certain items offered by You or items within certain categories selected by You (“Coded Coupon Eligible Items”) during the specified promotion period (“Seller Promotion Period”).
- If You choose to create a Coded Coupon Promotion, a Coded Coupon will be displayed in relation to Your Coded Coupon Eligible Items, and the Coded Coupon will be redeemable by qualifying buyers during the Seller Promotion Period.
- You agree that the Coded Coupons will be available for the qualifying buyers to use throughout the Seller Promotion Period. There may be times where Your Coded Coupon Promotion ends earlier than the Seller Promotion Period due to the budget You have set in the Tool being reached. In such cases, You shall ensure that the buyer continues to be able to use the Coded Coupons as initially communicated for the duration of the Seller Promotion Period, notwithstanding Your budget being reached.
- The Coded Coupons shall be governed by the Coded Coupon terms and conditions between You and the qualifying buyers, as linked in the Coded Coupon Promotion (“Buyer Terms and Conditions”). You must read and be satisfied with the Buyer Terms and Conditions prior to creating any Coded Coupon Promotions.
- During the Seller Promotion Period, You shall ensure that the non-discounted price for all Coded Coupon Eligible Items shall be no greater than their prices on eBay in at least the ten (10) days preceding the Seller Promotion Period.
- When a qualifying buyer redeems a Coded Coupon to purchase a Coded Coupon Eligible Item, You will receive payment equal to the discounted price of the Coded Coupon Eligible Item.
- Your participation in the Coded Coupon Promotion does not change any fees due to eBay, all of which shall be based on the discounted price of the Coded Coupon Eligible Item for which the Coded Coupon was redeemed.
- You acknowledge and agree that:
- You, and not eBay, are the offeror of any Coded Coupon Promotions You create using the Tool.
- It is Your responsibility at all times to comply with any laws, including but not limited to the Australian Consumer Law, when offering Coded Coupon Promotions to qualifying buyers. In particular, You must ensure that (1) the Buyer Terms and Conditions are satisfactory and meet Your legal obligations, and (2) when sharing the Coded Coupon Promotions, You must ensure that all the significant terms and conditions are clearly communicated to ensure that You are not misleading consumers. You must not share Your Coded Coupon Promotions after the Seller Promotion Period has passed.
- eBay will not be responsible for Your or any third party's performance or failure to perform any services related to any Coded Coupon or Coded Coupon Promotion, or for any costs, damages, accident, delay, injury, loss, expense, or inconvenience that may arise in connection with the use of any Coded Coupon or Coded Coupon Promotion.
- eBay, acting reasonably may, immediately suspend, change or cancel any of Your Coded Coupon Promotions at any time, if in eBay's opinion it necessary to do so, including where:
- You breach any part of these Terms, eBay’s User Agreement or any of its policies;
- You or the Coded Coupon Promotion are creating customer service issues; or
- If eBay considers You pose a risk to eBay or other eBay users, and
(i) eBay Coupons
(ii) Coded Coupons
eBay will make best efforts to give you prior notice of such termination unless there is a need to act urgently to prevent loss or damage to eBay or its users. Such termination will not relieve You of Your obligation to honour the Coded Coupon Promotions for qualifying buyers who have
already placed orders for your items using Your Coded Coupons.
- You may cease using the Tool at any time. Without limiting other remedies, eBay may immediately terminate Your use of the Tool if You violate any of these Terms, eBay's Policies or any applicable laws.
- In addition, eBay reserves the right, in its sole discretion, to suspend temporarily or to terminate permanently access to the Tool (or to replace, alter or remove the functionality of the Tool), with or without notice. Such suspension or termination will not relieve You of Your obligation to fulfil orders that have already been placed or Your obligation to pay any fees already incurred from the listing or sale of items listed using the Tool.
- The following sections survive termination of these Terms: "Application and Use", "Termination", "Disclaimers of Warranty", "Limitation of Liability", "Indemnity" and "Miscellaneous."
- Disclaimers of Warranty
- Your use of the Tool is at Your own risk and access is provided to You on an "as is" basis. To the extent legally permitted, eBay (including our officers, directors, employees, and agents) disclaim all warranties, express or implied, in connection with the Tool and Your use of the Tool and exclude liability for any loss, liability or damage suffered by You in connection with the Tool.
- eBay does not warrant continuous, error-free or secure access to the Tool.
- To the extent that eBay is able to limit the remedies available under these Terms, eBay expressly limits its liability for breach of a non-excludable statutory guarantee to the following remedies:
- the supply of the services again; or
- the payment of the cost of having the services supplied again.
- You agree to indemnify eBay (including our affiliates, officers, directors, employees and agents) from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including but not limited to legal fees) arising from Your:
- use of and access to the Tool;
- violation of any term of these Terms;
- offering of Coded Coupon Promotions; or
- violation of any third party right, including without limitation any intellectual property, or privacy right.
- This indemnity is a continuing obligation, separate and independent from Your other obligations, which will survive termination of these Terms. It is not necessary for eBay to incur expense or make a payment before enforcing a right of indemnity.
- These Terms are the entire agreement between You and eBay in relation to Your use of the Tool and supersede all prior understandings, and representations of the parties. In these Terms, the word including refers to examples and is not exhaustive.
- If eBay does not enforce any particular provision, eBay is not waiving its right to do so later. If a court finds any of the Terms unlawful, invalid or unenforceable, the remaining terms will not be affected. eBay may automatically assign this agreement in its sole discretion in accordance with the notice provision below.
- eBay may amend these Terms at any time by posting the amended terms on the eBay Site and, in the case of material amendments, by notifying You through eBay Messages (in My eBay) or directly to the email address linked to Your account. If You do not accept the changes, You should stop using the Tool.
- These Terms are governed and construed in all respects by the laws of New South Wales, Australia and eBay and You submit to the non-exclusive jurisdiction of courts exercising jurisdiction in New South Wales.