Terms and Conditions
eBay Resale Solution Terms and Conditions
These terms apply if You opt into the eBay Resale Solution by checking the box under the words “Make it an investment” when purchasing an item on a Participating Brand’s website (“Terms”). These Terms form a binding agreement between You (“You” or “Your”) and eBay Marketplaces GmbH, with its principal place of business at Helvetiastrasse 15/17, CH-3005, Bern, Switzerland (“eBay”).
1. You authorise and consent to:
a. the Participating Brand sharing Your Customer Data with The Volte Group Pty Limited (trading as “The Volte”) (ACN: 612 108 979) of ZAPPAVIGNA CONSULTING PTY LTD, 'building C' G, 355 Scarborough Beach Road, Osborne Park, Perth, Western Australia (“The Volte”); and
b. The Volte sharing Your Customer Data with eBay and its Related Bodies Corporate,
for the purposes of the eBay Resale Solution and eBay sending You the email notifications set out in clause 3 of these Terms.
2. Any Personal Information shared with eBay will be handled in accordance with eBay’s Privacy Notice.
3. To enable You to utilise the eBay Resale Solution once You have opted in on a Participating Brand’s Website, eBay will send You a series of email notifications, as follows:
a. Shortly after any purchase of an item on a Participating Brand’s website, You will receive an email confirming the purchase and containing a link to where this item can be found in Your eBay Closet (“confirmation email”).
b. Every month, You will receive an email reminding You to re-sell any item(s) purchased on Participating Brands’ websites during the preceding 30 – 60 days, on the eBay Website (“reminder email”).
4. If You have not already linked the email address used when purchasing the item(s) on the Participating Brands’ website(s) with Your existing eBay account, the emails referred to in clause 3 will ask You to do so.
5. If You do not have an existing eBay account, the emails referred to in clause 3 will enable You to create one by registering via the link provided.
6. The email notifications set out in clause 3 will be sent to the email address You use the first time You make a purchase on a Participating Brand’s website and opt into the eBay Resale Solution. You represent and warrant that this email address is owned by You. Whenever You make a subsequent purchase on Participating Brand’s website using the same email address (and opt in to the eBay Resale Solution), the Participating Brand will share the Product Data and Product Images associated with the item purchased with eBay and this data will appear in Your eBay Closet.
7. Your use of and access to the eBay Services (including the eBay Resale Solution) will be in accordance with and subject to the terms of the eBay User Agreement (“UA”) and Payment Terms of Use (“PTOU”). All terms defined in the UA or PTOU will have the same meaning when used in these Terms.
8. Limitation of Liability: TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL EBAY, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, AGENTS, SUPPLIERS OR INDEPENDENT CONTRACTORS (THE “DISCLAIMING ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR LOSS, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR INTERRUPTION, LOSS OF INCOME, BUSINESS, PROFITS, GOODWILL, USE, DATA, SAVINGS OR OTHER PECUNIARY OR INTANGIBLE LOSSES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE), WHETHER SUCH DAMAGES ARE ALLEGED IN TORT, CONTRACT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT ANY OF THE DISCLAIMING ENTITIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER ALL CIRCUMSTANCES, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MAXIMUM AGGREGATE LIABILITY OF THE DISCLAIMING ENTITIES, INCLUDING EBAY, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ADVISORS, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE EBAY RESALE SOLUTION, WILL NOT EXCEED $100.
9. Use at Own Risk: Your use of the eBay Resale Solution is at Your sole risk. The eBay Resale Solution is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
10. No Representation Regarding eBay Resale Solution: To the fullest extent permitted by law, eBay and the disclaiming entities make no representation or warranty of any kind whatsoever for the eBay Resale Solution the content, materials, information, and/or functions available through eBay Resale Solution, or for any breach of security associated with the transmission of information (including sensitive information) through eBay Resale Solution.
11. Errors & Inaccuracies: Any reliance on the material or information made available through the eBay Resale Solution is at Your own risk. We do not warrant that the eBay Resale Solution will be uninterrupted, timely, secure or error-free, or that any errors will be corrected.
12. Updates to Terms: We are continuously working to develop and improve the eBay Resale Solution. We may update these Terms accordingly from time to time, by publishing the updated Terms on the eBay Website. For example, we may make changes to these Terms or the eBay Resale Solution due to:
- Changes to the law or regulatory requirements;
- Security or safety reasons;
- Circumstances beyond our reasonable control;
- Changes we make in the usual course of developing the eBay Resale Solution; and
- To adapt to new technologies.
We will give you at least 30 days advance notice of changes to these Terms that materially adversely impact you either via email or an in-product notification. All other changes will be effective as soon as we post them to the eBay Website. If you do not agree to the changes, you must stop using the eBay Resale Solution.
13. Governing Law and Jurisdiction: These Terms are governed by the laws of New South Wales and You submit to the exclusive jurisdiction of the New South Wales courts in relation to any disputes arising under these Terms or in relation to the eBay Resale Solution.
14. Conflicts: In the event of any conflicts between these Terms and the UA or PTOU, the UA or the PTOU (as applicable) will take precedence.
15. Definitions: Capitalised terms which have not yet been defined will have the following meaning:
Customer Data: means any customer purchase information, including Personal Information and any other listing data, records or information supplied by or on behalf of You to the Participating Brand as part of Your purchase of the item on the Participating Brand’s website.
eBay Closet: means the eBay functionality which has been created to store Your Customer Data and the Participating Brand’s Product Data and Product Images in Your non-public eBay account for the sole purpose of allowing You to later create a pre-populated listing of the item purchased by You on the Participating Brand’s website in order to re-sell it on the eBay Website. The eBay Closet is an integral part of the eBay Resale solution.
eBay Resale Solution: means the resale solution that enables You to:
1. opt-in to later list the item purchased on the Participating Brand’s website for resale on the eBay Website; and
2. (i) store the Customer Data, Product Data and Product Images in the eBay Closet and (ii) create a pre-populated draft listing to re-sell the item on eBay.
eBay Website means www.ebay.com.au
Participating Brand means a brand on whose website You purchase an item and opt into the eBay Resale Solution.
Personal Information means:
1. information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether the information or opinion is recorded in a material form or not; and
2. information or a document that relates to the affairs or personal particulars of another person (such as a company or a business), which is received or learnt by a party from any source as a consequence of or in the performance of its rights and obligations under these Terms.
Product Data: means in relation to a Participating Brand item, all data associated with the item advertised and/or displayed on the Participating Brand’s website, including but not limited to written information including sizing, material, washing instructions and any other information related to the item.
Product Images means, all photographs and other images associated with a Participating Brand item.
Related Body Corporate means in relation to either Party a body corporate that is deemed to be related to that Party pursuant to the definition of that term in section 50 of the Corporations Act 2001. In the case of eBay, this shall be deemed to include but is not limited to eBay Australia & New Zealand Pty Ltd.