eBay Discounts Manager Terms & Conditions

By using the eBay Seller Hub Discounts Manager tool (“Tool”), you (“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.

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, Payments Terms of Use, other applicable eBay policies (together “eBay Policies”) and any applicable laws and regulations (including but not limited to the Australian Consumer Law). If there is any conflict or inconsistency between these Terms and any eBay Policies, these Terms will prevail.

In these Terms, “eBay” or “we” means eBay Marketplaces GmbH and its affiliates and subsidiaries. You warrant that You are duly authorised to accept and be bound by these Terms.

1. Application and Use

You will only be able to use the Tool if You are a registered seller with a current eBay Stores subscription on the eBay Site with at least one active listing.
eBay may, at any time and in its sole discretion, increase or limit participation or use of the Tool. eBay will only exercise this discretion where it, acting reasonably, believes it is necessary to do so to protect its legitimate interests, including to prevent seller misuse, bad buyer experiences, fraud or limit legal liability.
Your use of the Tool is subject to You complying at all times with eBay Policies including the minimum seller performance standards 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. eBay will only exercise this discretion where it, acting reasonably, believes it is necessary to do so to protect its legitimate interests, including to prevent seller misuse, bad buyer experiences, fraud or limit legal liability.
eBay, in its sole discretion, shall decide whether, where on the eBay Site and in what manner Your Discount(s) will be displayed to buyers. In exercising its discretion eBay will act reasonably, taking into account the needs of the seller and potential buyers and to ensure that the discounts displayed on the eBay Site are appropriate to satisfy such needs, and so as to not expose eBay, or its buyers or sellers to legal or reputational risk.
This Tool is available to create Discounts on the eBay Site only.

2. Discounts

Using the Tool, You can create various discount offers for buyers, when they purchase certain of Your items or combination of Your items during a specified period of time (“Discount(s)”). The types of Discounts You can create and offer buyers using the Tool are set out in sections 3, 4, 5, and 6 of these Terms.
All listings that You wish to include in a Discount must:
1. be in a fixed price format; and
2. have ‘Buy It Now’ pricing.
You may pause (except for Sale Event Discounts), or end any of Your Discounts at any time using the Tool. You can edit the end date of Your Discounts and/or the budget for Your Coded Coupon Discounts when they are live using the Tool.
If there is an eBay coupon available on an item, users may be able to apply both Your Discount and the eBay coupon at checkout.
You acknowledge and agree that:
1. You, and not eBay, are the offeror of any Discount that You create using the Tool;
2. It is Your responsibility at all times to comply with any laws, including but not limited to the Australian Consumer Law, when offering Your Discounts to qualifying buyers. In particular, You must ensure that (1) prior to creating and offering Coded Coupon Discounts, You are satisfied with the (“Buyer Terms and Conditions”), including that they meet Your legal obligations, (2) when sharing Your Discounts, whether on or off the eBay Site (including in your buyer’s order, or Your marketing and social media channels), all the significant terms and conditions are clearly communicated to ensure that You are not misleading consumers, and (3) You do not share any of Your Discounts after when the Discount is no longer valid;
3. You and not eBay will be responsible in resolving any customer issues relating to Your Discount(s) with your buyers; and
4. You and not eBay will be responsible for Your or any third party’s performance or failure to perform any services and/or obligations related to any of Your Discounts, or for any costs, damages, accident, delay, injury, loss, expense, or inconvenience that may arise in connection with the use of any Discount.
From time to time, eBay may decide, in its discretion, to feature Your Discount(s) on the eBay Site. In the event eBay decides to feature Your Discount(s), eBay will notify You and request You to submit Your Discount parameters (for example, the end date of the Discount, the coupon code, discount amount etc). In providing Your Discount parameters to eBay for the purpose of featuring Your Discount on the eBay Site, You:
1. warrant that, any parameters You provide eBay with respect to Your Discount(s) are accurate, true and up-to-date, and that eBay can rely on these parameters to create any advertising or marketing materials to feature Your Discount on various placements of the eBay Site;
2. acknowledge and agree that eBay may rely on these parameters to create materials to feature Your Discount(s) on the eBay Site, and that You shall act in good faith at all times to ensure that Your Discount(s) parameters are maintained to ensure the materials are not misleading or incorrect; and
3. pause or cease featuring Your Discount(s) at any time in its discretion where eBay, acting reasonably, determines that such pause or cessation is necessary having regard to the needs of the seller and potential buyers, and to ensure that the discounts displayed on the eBay Site are appropriate to satisfy such needs.

3. Order Discount

The terms in this section 3 apply to Your use of the Tool to create and offer Order Discounts, if applicable.
From time to time, using the Tool You may create and offer a discount off (1) all of Your inventory, (2) a specific category of Your inventory, or (3) selected items from Your inventory, when a buyer reaches a minimum order quantity or monetary threshold (“Order Discount”). For example, “Save $25 when You buy 3 or more items” or “Save $25 when You spend $100 or more”.
When offering Order Discounts Discounts, You can either:
1. select up to a maximum of 500 items per Discount from Your inventory (You may remove or add items at any time); or
2. create rules using categories and filters with no maximum item limit.
When a buyer purchases items included in Your Order Discount Discount, 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 at checkout.

4. Volume Pricing

The terms in this section 4 apply to Your use of the Tool to create and offer Volume Pricing Discounts, if applicable.
From time to time, using the Tool You may create and offer a tiered percentage discount off (1) all of Your inventory, (2) a specific category of Your inventory, or (3) selected items from Your inventory, when a buyer purchases more than two included items in one transaction (“Volume Pricing”). The discount percentage that You can offer in Volume Pricing Discounts is anywhere between 1 and 80 percent. For example, “Buy 2 or more and save 20% off each item” or “Buy 4 or more and save 80% off each item”.
When offering Volume Pricing Discounts, You can either:
1. select up to a maximum of 500 items per Discount from Your inventory (You may remove or add items at any time); or
2. create rules using categories and filters with no maximum item limit.
The discounts offered in Your Volume Pricing Discounts will be applied when the buyer purchases multiple quantities of the included items in one transaction. For example, if Your Volume Pricing Discount contains Item A and Item B, but not Item C, the discount may apply in the following ways:
1. If a buyer purchases multiple quantities of any item included in Your Discount, e.g. buying 2 x Item A, in a single transaction, this will trigger the discount.
2. If a buyer purchases multiple variations of any item included in Your Discount, e.g. buying 1 x Item A in colour color green and 1 x Item A in colour color blue, this will trigger the discount
3. If a buyer purchases single quantities of multiple items in the same Discount, e.g. buying 1 x Item A and 1 x Item B, in a single transaction, this will trigger a discount unless you check the single item discount flag when creating Your Discount.
4. The discount will not be applied when a buyer purchases single quantities of multiple items that are not included in the same Discount, e.g. buying 1 x Item A and 1 x Item C, in a single transaction.

5. Coded Coupons

The terms in this Section 5 apply to Your use of the Tool to create and offer Coded Coupons Discounts, if applicable.
From time to time, using the Tool You may create and offer various discounts off (1) all of Your inventory, (2) a specific category (i.e. a store or eBay category) of Your inventory, or (3) selected items from Your inventory (“Coded Coupon Eligible Items”), in the form of public or private coupons (“Coded Coupons”) during the specified promotion period (“Seller Discount Period”).
If You choose to create and offer a public Coded Coupon Discount, a Coded Coupon will be displayed on the eBay Site in relation to Your Coded Coupon Eligible Items, and the Coded Coupon will be redeemable by qualifying buyers during the Seller Discount Period. Once created, You agree that You will only suspend, change or cancel a Coded Coupon Discount where it is reasonably necessary to protect Your legitimate interests.
If You choose to create and offer a private Coded Coupon Discount, the Coded Coupon will not be displayed on the eBay Site but can be used by any qualifying buyer that has the private Coded Coupon during the Seller Discount Period. For the avoidance of doubt, a private Coded Coupon cannot be restricted to a single buyer and can be used by any qualifying buyer that gets access.
You agree that the Coded Coupons will be available for the qualifying buyers to use throughout the Seller Discount Period. There may be times where Your Coded Coupon Discount ends earlier than the Seller Discount 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 Discount Period, notwithstanding Your budget being reached.
Your Coded Coupons Discounts shall be governed by the Coded Coupon terms and conditions between You and the qualifying buyers, as linked in the Coded Coupon Discount (“Buyer Terms and Conditions”), and which are the same terms applicable to all buyers and sellers who utilise Coded Coupons. You must read and be satisfied with the Buyer Terms and Conditions prior to creating any Coded Coupon Discounts, as these terms are required to ensure the integrity and reputation of the Tool and eBay Site.
You agree not to increase the non-discounted price for all Coded Coupon Eligible Items for a period of at least the ten (10) days preceding the Seller Discount Period to make Your Coded Coupon Discount appear more appealing, although you may lower Your prices at Your discretion.
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.

6. Sale Event

The terms in this section 6 apply to Your use of the Tool to create and offer Sale Event Discounts, if applicable.
From time to time, using the Tool You may create and offer a sale event with a percentage off discount (and add up to 10 different levels of percentage discounts) on your selected inventory (“Sale Event”) for a specified period of time. The discount percentage that You can offer in a Sale Event is anywhere between 5 and 80 percent. For example, “Save up to 50% on designer accessories or Save 20% off designer handbags”.
If you choose to offer free postage for all discounted items included in Your Sale Event Discount, this will only apply to first domestic postage service.
When offering a Sale Event Discount, You can either:
1. select up to a maximum of 500 items per Sale Event from Your inventory (You may remove or add items at any time); or
2. create rules using categories and filters to include up to 10,000 items per Discount, where the included items will automatically update as new items are listed and include skipped items as they qualify.
If You choose to ‘Keep items in this sale and block revisions for price increase’ when You set up your Sale Event Discount, You won’t be able to increase the price of the items through revision or update while Your Discount is running.
If You increase the item price, revise the shipping cost, or both for an item on the ‘Revise My Item’ page, it will be automatically removed from the Discount.
Your item may not be included in a Sales Event Discount if Your item has not been listed on the eBay Site for a sufficient time. If an item is already included in Sales Event Discount, You will not be able to add it into another Sales Event Discount.
You cannot include items in a Sale event Discount with free shipping if the items has one of the following postage options:
1. Freight shipping; or
2. Local pickup only.

7. Returns

The returns policy specified in each of Your individual listings will apply to any item(s) sold from Your Discounts.
For purchases and buyers eligible for protection under the eBay Money Back Guarantee, eBay will treat the cost-weighted discounted price of an item as the “full cost” of that item.

8. Fees

The Tool is available for Your use as part of Your eBay Stores subscription. eBay does not currently charge an additional fee for use of the Tool.
You are subject to all other seller fees as set out on the eBay Site, including but not limited to final value fees and feature fees, as agreed between You and eBay under eBay’s User Agreement.

9. Termination

You may cease using the Tool at any time.
Without limiting other remedies, eBay, acting reasonably may, immediately suspend or terminate any of Your Discount(s) and/or Your access to the Tool at any time, if in eBay’s opinion it necessary to do so, including where:
1. You breach any part of these Terms, eBay’s User Agreement or any of the eBay Policies;
2. You or Your Discount(s) are creating customer service issues;
3. if eBay considers that Your Discount(s) is misleading or otherwise in contravention of the Australian Consumer Law; or
4. if eBay considers You pose a risk to eBay or other eBay users.
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 suspension or termination will not relieve You of Your obligation to honour Your Discounts to qualifying buyers who have already placed orders for your items using Your Discount.
The following sections survive termination of these Terms: “Application and Use”, “Termination”, “Disclaimer of warranties and limitation of liability”, “Indemnity” and “Miscellaneous.”

10. Disclaimer of warranties and limitation of liability

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:
1. the supply of the services again; or
2. the payment of the cost of having the services supplied again.

11. Indemnity

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:
1. use of and access to the Tool;
2. Discount(s);
3. violation of any of these Terms;
4. failure to comply with any laws or regulations, including but not limited to the Australian Consumer Law; or
5. violation of any third party right, including without limitation any intellectual property rights or privacy rights,
other than to the extent to which such claims, damages, obligations, losses, liabilities, costs or debt and expenses arise from any negligent, wilful or fraudulent conduct of eBay.
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.

12. Miscellaneous

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.
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 reserves the right to substitute, change or remove features or functionality of the Tool at any time in its sole discretion, with or without prior notice. In addition, eBay reserves the right to remove the Tool completely upon 14 days’ advance notice. eBay will only exercise this discretion where it, acting reasonably, believes it is necessary to do so to protect its legitimate interests, including to prevent seller misuse, bad buyer experiences, fraud or limit legal liability.
These Terms are governed and construed in all respects by the laws of New South Wales, Australia. Both You and eBay submit to the non-exclusive jurisdiction of courts exercising jurisdiction in New South Wales.