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eBay — Payments Terms of Use
| Snapshot 2026-10-19 16:18 UTC | Snapshot 2026-10-21 08:17 UTC | ||||
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| 2 | 2 | ||||
| 3 | Expand All Sections | 3 | Expand All Sections | ||
| 4 | 4 | ||||
| n | 5 | **Effective July 30, 2026, for sellers who accept these Payments Terms of Use du | n | 5 | **Effective October 21, 2026, for sellers who accept these Payments Terms of Use |
| > | ring new seller registration or otherwise on or after that date; effective Augus | > | during new seller | ||
| > | t 13, 2026, for all other sellers.** | ||||
| 6 | registration or otherwise on or after that date; effective November 4, 2026, fo | ||||
| > | r all other | ||||
| 7 | sellers.** | ||||
| 6 | 8 | ||||
| 7 | The previous version of these Payments Terms of Use can be accessed by clicking | 9 | The previous version of these Payments Terms of Use can be accessed by clicking | ||
| > | here . | > | here . | ||
| 8 | 10 | ||||
| 9 | ## Introduction | 11 | ## Introduction | ||
| 10 | 12 | ||||
| n | 11 | These Payments Terms of Use (“ **Payments Terms of Use** ”) explain how the eBay | n | 13 | These Payments Terms of Use (“ **Payments Terms of Use** ”) explain how the eBay |
| > | Payment Entities offer you Payment Services (as defined below in Part I, Sectio | ||||
| > | n 1) in connection with your use of the eBay Services. Your use of the eBay Serv | ||||
| > | ices will continue to | ||||
| 12 | be governed by the User Agreement applicable to you. Capitalized terms not defi | 14 | Payment Entities offer you Payment Services (as defined below in Part I, Sectio | ||
| > | ned in these Payments Terms of Use have the same meaning given in the User Agree | > | n 1) in connection with | ||
| > | ment . If there’s a conflict between these Terms and any other agreement (like y | ||||
| > | our User Agreement or billing agreement) about using eBay without Managed Paymen | ||||
| > | ts, these Terms | ||||
| 13 | will govern for Payment Services. For Payment Services, these Payments Terms of | 15 | your use of the eBay Services. Your use of the eBay Services will continue to | ||
| > | Use override any conflicting terms elsewhere. You agree to comply with these Pa | ||||
| > | yments Terms of Use when accessing or using our Payment Services. | ||||
| 16 | be governed by the User | ||||
| 17 | Agreement applicable to you. Capitalized terms not defined in these Payments Te | ||||
| > | rms of Use have the same meaning | ||||
| 18 | given in the User | ||||
| 19 | Agreement . If there’s a conflict between these Terms and any other agreement ( | ||||
| > | like your User | ||||
| 20 | Agreement or billing agreement) about using eBay without Managed Payments, thes | ||||
| > | e Terms | ||||
| 21 | will govern for Payment Services. For Payment Services, these Payments Terms of | ||||
| > | Use override any | ||||
| 22 | conflicting terms elsewhere. You agree to comply with these Payments Terms of U | ||||
| > | se when accessing or using | ||||
| 23 | our Payment Services. | ||||
| 14 | 24 | ||||
| n | 15 | These Payments Terms of Use are between you and the applicable eBay Payment Enti | n | 25 | These Payments Terms of Use are between you and the applicable eBay Payment Enti |
| > | ties, as explained below. If you have international sales, you may receive Payme | > | ties, as explained below. | ||
| > | nt Services from one or more eBay Payment Entities, as described in Part I, Sect | ||||
| > | ion 4 below. In addition to the General | ||||
| 16 | Payments Terms (Part I of these Payments Terms of Use), each eBay Payment Entit | 26 | If you have international sales, you may receive Payment Services from one or m | ||
| > | y has Additional Payments Terms (Parts II, III, IV, V, and VI of these Payments | > | ore eBay Payment Entities, | ||
| > | Terms of Use) that apply to the Payment Services such entity provides. eBay Inc. | ||||
| > | and the companies it directly or indirectly | ||||
| 17 | controls, is controlled by, or is under common control with, are referred to as | 27 | as described in Part I, Section 4 below. In addition to the General | ||
| > | our “ **Affiliates** .” The eBay Payment Entities are Affiliates of eBay Inc. | ||||
| 28 | Payments Terms (Part I of these Payments Terms of Use), each eBay Payment Entit | ||||
| > | y has Additional Payments | ||||
| 29 | Terms (Parts II, III, IV, V, and VI of these Payments Terms of Use) that apply | ||||
| > | to the Payment Services | ||||
| 30 | such entity provides. eBay Inc. and the companies it directly or indirectly | ||||
| 31 | controls, is controlled by, or is under common control with, are referred to as | ||||
| > | our | ||||
| 32 | “ **Affiliates** .” The eBay Payment Entities are Affiliates of eBay Inc. | ||||
| 18 | 33 | ||||
| 19 | eBay Payment Entity | 34 | eBay Payment Entity | ||
| 20 | 35 | ||||
| 26 | 41 | ||||
| 27 | San Jose, CA 95125, United States | 42 | San Jose, CA 95125, United States | ||
| 28 | 43 | ||||
| n | 29 | **Part II (“Additional Terms for Services Provided by eCI”) of these Payments Te | n | 44 | **Part II (“Additional Terms for Services Provided by eCI”) of these Payments Te |
| > | rms of Use contains an Agreement to Arbitrate which will, with limited exception | > | rms of Use | ||
| > | , require you to submit claims you have against us or our agents to binding and | ||||
| > | final arbitration, unless you opt | ||||
| 30 | out of the Agreement to Arbitrate (see Part II, Section 4 (“Legal Disputes”), S | 45 | contains an Agreement to Arbitrate which will, with limited exception, require | ||
| > | ubsection 4.2 ("Agreement to Arbitrate")). If you do not opt out: (1) you will o | > | you to submit | ||
| > | nly be permitted to pursue claims against us or our agents on an individual basi | ||||
| > | s, not as a plaintiff or class | ||||
| 31 | member in any class or representative action or proceeding and (2) you will onl | 46 | claims you have against us or our agents to binding and final arbitration, unle | ||
| > | y be permitted to seek relief (including monetary, injunctive, and declaratory r | > | ss you opt | ||
| > | elief) on an individual basis.** | ||||
| 47 | out of the Agreement to Arbitrate (see Part II, Section 5 (“Legal Disputes”), S | ||||
| > | ubsection 5.2 | ||||
| 48 | (“Agreement to Arbitrate”)). If you do not opt out: (1) you will only be permit | ||||
| > | ted to pursue | ||||
| 49 | claims against us or our agents on an individual basis, not as a plaintiff or c | ||||
| > | lass | ||||
| 50 | member in any class or representative action or proceeding and (2) you will onl | ||||
| > | y be permitted | ||||
| 51 | to seek relief (including monetary, injunctive, and declaratory relief) on an i | ||||
| > | ndividual | ||||
| 52 | basis.** | ||||
| 32 | 53 | ||||
| 33 | English: https://www.ebay.com/help/home | 54 | English: https://www.ebay.com/help/home | ||
| 34 | 55 | ||||
| 44 | 65 | ||||
| 45 | VAT-ID LU26188648 | 66 | VAT-ID LU26188648 | ||
| 46 | 67 | ||||
| n | 47 | eBay Sarl is authorized in Luxembourg as a payments institution and subject to t | n | 68 | eBay Sarl is authorized in Luxembourg as a payments institution and subject to t |
| > | he supervision of the Commission de Surveillance du Secteur Financier (CSSF), 28 | > | he supervision | ||
| > | 3 route d’Arlon, 1150 Luxembourg, (license no. 33/19). You can check eBay Sarl’s | ||||
| > | registration details by visiting | ||||
| 69 | of the Commission de Surveillance du Secteur Financier (CSSF), 283 route d’Arlo | ||||
| > | n, 1150 | ||||
| 70 | Luxembourg, (license no. 33/19). You can check eBay Sarl’s registration details | ||||
| > | by visiting | ||||
| 48 | the CSSF’s website at http://www.cssf.lu/en/ . | 71 | the CSSF’s website at http://www.cssf.lu/en/ . | ||
| 49 | 72 | ||||
| 50 | Germany: https://www.ebay.de/help/home | 73 | Germany: https://www.ebay.de/help/home | ||
| 91 | 114 | ||||
| 92 | Australia | 115 | Australia | ||
| 93 | 116 | ||||
| n | 94 | eCA is registered as a remittance service provider with, and is subject to the s | n | 117 | eCA is registered as a remittance service provider with, and is subject to the s |
| > | upervision of, the Australian Transaction Reports and Analysis Centre (“AUSTRAC” | > | upervision of, | ||
| > | ), PO Box K534 Haymarket NSW 1240. You can check eCA’s registration by visiting | ||||
| > | AUSTRAC’s website at https://online.austrac.gov.au/ao/public/rsregister.seam . | ||||
| 118 | the Australian Transaction Reports and Analysis Centre (“AUSTRAC”), PO Box K534 | ||||
| > | Haymarket NSW | ||||
| 119 | 1240. You can check eCA’s registration by visiting AUSTRAC’s website at https:/ | ||||
| > | /online.austrac.gov.au/ao/public/rsregister.seam . | ||||
| 95 | 120 | ||||
| 96 | https://www.ebay.com.au/help/home | 121 | https://www.ebay.com.au/help/home | ||
| 97 | 122 | ||||
| 101 | 126 | ||||
| 102 | London, SE1 2AF, United Kingdom | 127 | London, SE1 2AF, United Kingdom | ||
| 103 | 128 | ||||
| n | 104 | eCUK is authorized in the UK as an electronic money institution and regulated by | n | 129 | eCUK is authorized in the UK as an electronic money institution and regulated by |
| > | the Financial Conduct Authority (“FCA”), with firm reference number 1028611. Yo | > | the Financial | ||
| > | u can check eCUK's registration details by visiting the FCA's website https://re | ||||
| > | gister.fca.org.uk . | ||||
| 130 | Conduct Authority (“FCA”), with firm reference number 1028611. You can check eC | ||||
| > | UK's registration | ||||
| 131 | details by visiting the FCA's website https://register.fca.org.uk . | ||||
| 105 | 132 | ||||
| 106 | https://www.ebay.co.uk/help/home | 133 | https://www.ebay.co.uk/help/home | ||
| 107 | 134 | ||||
| 108 | ## I. GENERAL PAYMENTS TERMS | 135 | ## I. GENERAL PAYMENTS TERMS | ||
| 109 | 136 | ||||
| n | 110 | This Part I of the Payments Terms of Use applies to all Payment Services you rec | n | 137 | This Part I of the Payments Terms of Use applies to all Payment Services you rec |
| > | eive from the eBay Payment Entities (also collectively referred to as **“we”** o | > | eive from the eBay | ||
| > | r **“us”** in this Part). | ||||
| 138 | Payment Entities (also collectively referred to as **“we”** or **“us”** in this | ||||
| 139 | Part). | ||||
| 111 | 140 | ||||
| 112 | ### 1. About Payments on the eBay Services | 141 | ### 1. About Payments on the eBay Services | ||
| 113 | 142 | ||||
| n | 114 | You agree that we can receive and process payments for you in connection with yo | n | 143 | You agree that we can receive and process payments for you in connection with yo |
| > | ur use of the eBay Services. We manage the settlement and payouts of your funds | > | ur use of the eBay | ||
| > | to you (“ **Managed Payments,** ” or “ **Payment Services** ”). | ||||
| 144 | Services. We manage the settlement and payouts of funds we have processed on yo | ||||
| > | ur behalf to you | ||||
| 145 | (“ **Managed | ||||
| 146 | Payments,** ” or “ **Payment Services** ”). | ||||
| 115 | 147 | ||||
| 116 | Buyers can use the following payment methods (availability may vary): | 148 | Buyers can use the following payment methods (availability may vary): | ||
| 117 | 149 | ||||
| 121 | - Direct debit | 153 | - Direct debit | ||
| 122 | - "Buy Now, Pay Later" and installment options | 154 | - "Buy Now, Pay Later" and installment options | ||
| 123 | - eBay-issued coupons or gift cards (if eligible) | 155 | - eBay-issued coupons or gift cards (if eligible) | ||
| n | 124 | - Funds available on a seller account if enabled for item purchases on eBay (see | n | 156 | - eBay balance |
| > | eBay’s US Spendable Funds Terms and Conditions) | ||||
| 125 | 157 | ||||
| 126 | We may change available payment methods at our discretion. | 158 | We may change available payment methods at our discretion. | ||
| 127 | 159 | ||||
| n | 128 | The contract for each "item" (which may refer to goods and/or services) sold is | n | 160 | The contract for each "item" (which may refer to goods and/or services) sold is |
| > | between you and the buyer directly. | > | between you and the | ||
| 161 | buyer directly. | ||||
| 129 | 162 | ||||
| n | 130 | Once a buyer completes payment, we’ll notify you. When you receive notice that a | n | 163 | Once a buyer completes payment, we’ll notify you. When you receive notice that a |
| > | buyer paid, you must ship or deliver the item using the agreed shipping method | > | buyer paid, you | ||
| > | . We will initiate the | ||||
| 131 | settlement of the proceeds to your Linked Financial Account (see Section 2 belo | 164 | must ship or deliver the item using the agreed shipping | ||
| > | w). You can view payment and settlement details in the Seller Hub under the Paym | ||||
| > | ents tab. If you receive funds in error or aren’t entitled to them, we | ||||
| 165 | method . We will initiate the | ||||
| 166 | settlement of the proceeds to your Linked Financial Account (see Section 2 belo | ||||
| > | w). You can view payment | ||||
| 167 | and settlement details in the Seller Hub under the | ||||
| 168 | Payments tab. If you receive funds in error or aren’t entitled to them, we | ||||
| 132 | may recover those amounts from you. | 169 | may recover those amounts from you. | ||
| 133 | 170 | ||||
| n | 134 | In some listings or categories, eBay may allow you to offer buyers the option to | n | 171 | In some listings or categories, eBay may allow you to offer buyers the option to |
| > | pay you directly using offline methods (like cash on pickup). These offline pay | > | pay you directly using | ||
| > | ment methods are not payment services offered by us under these Payments Terms o | ||||
| > | f Use, as we do not process these | ||||
| 135 | payments. They are not covered by eBay Money Back Guarantee (eMBG) programs and | 172 | offline methods (like cash on pickup). These offline payment methods are not pa | ||
| > | we do not help resolve payment disputes (e.g., chargebacks) for these methods. | > | yment services offered by | ||
| > | Make sure all your listings still follow eBay's payment policies and any applica | ||||
| > | ble terms related to payments and disbursements for those listings. | ||||
| 173 | us under these Payments Terms of Use, as we do not process these | ||||
| 174 | payments. They are not covered by eBay Money Back Guarantee (eMBG) programs and | ||||
| > | we do not help resolve | ||||
| 175 | payment disputes (e.g., chargebacks) for these methods. Make sure all your list | ||||
| > | ings still follow eBay's payment | ||||
| 176 | policies and any applicable terms related to payments and disbursements for tho | ||||
| > | se listings. | ||||
| 136 | 177 | ||||
| 137 | ### 2. Seller Onboarding | 178 | ### 2. Seller Onboarding | ||
| 138 | 179 | ||||
| 139 | To use our Payment Services, you must register and accept these Payments Terms o | 180 | To use our Payment Services, you must register and accept these Payments Terms o | ||
| > | f Use. | > | f Use. | ||
| 140 | 181 | ||||
| n | 141 | If you reside in, or your business is established in, the EEA, the United Kingdo | n | 182 | If you reside in, or your business is established in, the EEA, the United Kingdo |
| > | m, or Switzerland, submitting your online registration is considered your offer | > | m, or Switzerland, | ||
| > | to enter into this agreement. If we don’t confirm your onboarding immediately, w | ||||
| > | e’ll notify you once we’ve completed our | ||||
| 183 | submitting your online registration is considered your offer to enter into this | ||||
| > | agreement. If we don’t | ||||
| 184 | confirm your onboarding immediately, we’ll notify you once we’ve completed our | ||||
| 142 | review and approved you. | 185 | review and approved you. | ||
| 143 | 186 | ||||
| 144 | To use Managed Payments, you must: | 187 | To use Managed Payments, you must: | ||
| 145 | 188 | ||||
| 146 | #### 1. Link a Financial Account | 189 | #### 1. Link a Financial Account | ||
| 147 | 190 | ||||
| n | 148 | You must link a financial account (" **Linked Financial Account** ") to receive | n | 191 | To receive payouts, you must link a financial account **(“Linked Financial Accou |
| > | payouts. The name on your Linked Financial Account must match the name on your e | > | nt”)** and satisfy any | ||
| > | Bay account. Requirements vary depending on where you reside/your business is es | ||||
| > | tablished: | ||||
| 192 | additional requirements set by us based on where you reside or where your busin | ||||
| > | ess is established, as | ||||
| 193 | applicable. The name on your Linked Financial Account must match the name on yo | ||||
| > | ur eBay account. | ||||
| 194 | Requirements include the following: | ||||
| 149 | 195 | ||||
| n | 150 | - **US, Canada, UK, or Australia:** A bank account based in your country of resi | n | 196 | - **US, Canada, UK, or Australia:** A bank account based in your country of resi |
| > | dence or establishment, or other approved instrument (e.g., debit card) | > | dence | ||
| 197 | or establishment, or other approved instrument (e.g., debit card) | ||||
| 151 | - **EEA (excluding Iceland):** A bank account based in any EEA country (except I | 198 | - **EEA (excluding Iceland):** A bank account based in any EEA country (except I | ||
| > | celand) | > | celand) | ||
| n | 152 | - **Switzerland or Liechtenstein:** A bank account based in Switzerland or Liech | n | 199 | - **Switzerland or Liechtenstein:** A bank account based in Switzerland or |
| > | tenstein | ||||
| 153 | - **Additional Countries:** We may require a specific third-party financial inst | 200 | Liechtenstein | ||
| > | itution, or offer the option to use a local bank account. | ||||
| 201 | - **Additional Countries:** We may require a specific third-party financial | ||||
| 202 | institution, or offer the option to use a local bank account. | ||||
| 154 | 203 | ||||
| n | 155 | If we cannot debit your Linked Financial Account for Owed Amounts (as defined in | n | 204 | If we cannot debit your Linked Financial Account for Owed Amounts (as defined in |
| > | Section 8), you must keep another valid payment method on file with us, and we | > | Section 8), you must | ||
| > | may withhold payouts until you have successfully provided it. | ||||
| 205 | keep another valid payment method on file with us, and we may withhold payouts | ||||
| > | until you have | ||||
| 206 | successfully provided it. | ||||
| 156 | 207 | ||||
| n | 157 | You may only receive payouts to your Linked Financial Account. You may change yo | n | 208 | You may only receive payouts to your Linked Financial Account. You may change yo |
| > | ur Linked Financial Account at any time, subject to our approval. | > | ur Linked Financial | ||
| 209 | Account at any time, subject to our approval. | ||||
| 158 | 210 | ||||
| n | 159 | Payouts will be made to your Linked Financial Account once you have completed th | n | 211 | Payouts will be made to your Linked Financial Account once you have completed th |
| > | e Linked Financial Account verification process and we’ve finished checks for se | > | e Linked Financial | ||
| > | curity, risk, anti-money laundering, and other legal assessments. Collecting and | ||||
| > | checking this information helps | ||||
| 160 | fight the funding of terrorism and money laundering activities. The assessment | 212 | Account verification process and we’ve finished checks for security, risk, anti | ||
| > | typically takes up to two (2) business days after your completion of the verific | > | -money | ||
| > | ation process, or longer if any issues or irregularities arise in which case we | ||||
| > | will complete our assessment without | ||||
| 213 | laundering, and other legal assessments. Collecting and checking this informati | ||||
| > | on helps | ||||
| 214 | fight the funding of terrorism and money laundering activities. The assessment | ||||
| > | typically takes up to | ||||
| 215 | two (2) business days after your completion of the verification process, or lon | ||||
| > | ger if any issues or | ||||
| 216 | irregularities arise in which case we will complete our assessment without | ||||
| 161 | undue delay. | 217 | undue delay. | ||
| 162 | 218 | ||||
| n | 163 | If we offer you the option to receive payouts to more than one Linked Financial | n | 219 | If we offer you the option to receive payouts to more than one Linked Financial |
| > | Account, we’ll allocate your payouts as instructed. | > | Account, we’ll | ||
| 220 | allocate your payouts as instructed. | ||||
| 164 | 221 | ||||
| n | 165 | By linking an account, you represent and warrant that you legally own and have t | n | 222 | By linking an account, you represent and warrant that you legally own and have t |
| > | he legal right to use it. | > | he legal right to use | ||
| 223 | it. | ||||
| 166 | 224 | ||||
| n | 167 | In certain circumstances, we may permit you to direct payouts to a Linked Financ | n | 225 | In certain circumstances, we may permit you to direct payouts to a Linked Financ |
| > | ial Account owned or controlled by your legal representative. If you use a legal | > | ial Account owned or | ||
| > | representative’s account, you confirm they’re authorized to receive payouts for | ||||
| > | you and you fully release | ||||
| 226 | controlled by your legal representative. If you use a legal representative’s ac | ||||
| > | count, you | ||||
| 227 | confirm they’re authorized to receive payouts for you and you fully release | ||||
| 168 | us from any and all liability for losses you may sustain from disbursements mad | 228 | us from any and all liability for losses you may sustain from disbursements mad | ||
| > | e by us to your legal representative under these Payments Terms of Use. | > | e by us to your legal | ||
| 229 | representative under these Payments Terms of Use. | ||||
| 169 | 230 | ||||
| 170 | #### 2. Provide Required Information | 231 | #### 2. Provide Required Information | ||
| 171 | 232 | ||||
| 176 | - Manage payouts | 237 | - Manage payouts | ||
| 177 | - Assess fraud and risk | 238 | - Assess fraud and risk | ||
| 178 | 239 | ||||
| n | 179 | If you are an individual, this information may include, but is not limited to, y | n | 240 | If you are an individual, this information may include, but is not limited to, y |
| > | our full name, address, phone number, date of birth, taxpayer identification num | > | our full name, | ||
| > | ber, bank account information, and a form of government-issued identification (s | ||||
| > | uch as your driver’s license or | ||||
| 241 | address, phone number, date of birth, taxpayer identification number, bank acco | ||||
| > | unt information, and a | ||||
| 242 | form of government-issued identification (such as your driver’s license or | ||||
| 180 | your identity card). | 243 | your identity card). | ||
| 181 | 244 | ||||
| n | 182 | If you are a business, this information may include, without limitation, your fu | n | 245 | If you are a business, this information may include, without limitation, your fu |
| > | ll business name, residential or business address, phone number, entity type, ba | > | ll business name, | ||
| > | nk account information, tax identification number, and business number, in addit | ||||
| > | ion to details regarding your beneficial | ||||
| 183 | owner(s), director(s), officer(s), authorized representative, legal representat | 246 | residential or business address, phone number, entity type, bank account inform | ||
| > | ive, and/or primary contact, such as name, contact information, nationality, tit | > | ation, tax | ||
| > | le, and government-issued identification (such as driver’s license or identity c | ||||
| > | ard). We cannot issue payouts or | ||||
| 247 | identification number, and business number, in addition to details regarding yo | ||||
| > | ur beneficial | ||||
| 248 | owner(s), director(s), officer(s), authorized representative, legal representat | ||||
| > | ive, and/or primary | ||||
| 249 | contact, such as name, contact information, nationality, title, and government- | ||||
| > | issued identification | ||||
| 250 | (such as driver’s license or identity card). We cannot issue payouts or | ||||
| 184 | tax forms (like IRS Form 1099-K) without accurate, complete, and up-to-date inf | 251 | tax forms (like IRS Form 1099-K) without accurate, complete, and up-to-date inf | ||
| > | ormation. | > | ormation. | ||
| 185 | 252 | ||||
| 186 | #### 3. Confirm Your Identity | 253 | #### 3. Confirm Your Identity | ||
| 187 | 254 | ||||
| n | 188 | You must provide any and all additional information we need to verify your ident | n | 255 | You must provide any and all additional information we need to verify your ident |
| > | ity or payment requests (e.g., confirm a phone number or email). You understand | > | ity or payment | ||
| > | that without this, we may be unable to complete certain transactions. | ||||
| 256 | requests. We may use a range of identity verification and authentication method | ||||
| > | s, which may include | ||||
| 257 | device recognition, risk-based assessment, or other verification tools. You und | ||||
| > | erstand that without | ||||
| 258 | providing requested information, we may be unable to complete certain transacti | ||||
| > | ons. | ||||
| 189 | 259 | ||||
| 190 | #### 4. Keep Your Information Updated | 260 | #### 4. Keep Your Information Updated | ||
| 191 | 261 | ||||
| n | 192 | You must keep your information accurate and current. We may update records based | n | 262 | You must keep your information accurate and current. We may update records based |
| > | on data from you, your bank, or payment providers. | > | on data from you, | ||
| 263 | your bank, or payment providers. | ||||
| 193 | 264 | ||||
| n | 194 | You may only use payment methods you’re authorized to use. Changing key details, | n | 265 | You may only use payment methods you’re authorized to use. Changing key details, |
| > | such as your country of residence, may require repeating some or all of the onb | > | such as your | ||
| > | oarding steps. | ||||
| 266 | country of residence, may require repeating some or all of the onboarding steps | ||||
| > | . | ||||
| 195 | 267 | ||||
| 196 | #### 5. Follow Applicable Laws and Policies | 268 | #### 5. Follow Applicable Laws and Policies | ||
| 197 | 269 | ||||
| 198 | You must comply with all laws, rules, and third-party terms (e.g., card-issuer r | 270 | You must comply with all laws, rules, and third-party terms (e.g., card-issuer r | ||
| > | ules). | > | ules). | ||
| 199 | 271 | ||||
| n | 200 | Third parties (e.g., banks or card networks) may have terms that apply to your t | n | 272 | Third parties (e.g., banks or card networks) may have terms that apply to your t |
| > | ransactions. These could include terms and conditions related to the settlement | > | ransactions. These | ||
| > | of funds, chargebacks, prohibited items, and overdrafts. Breaches may result in | ||||
| > | fees, delays, or other actions. We are | ||||
| 201 | not responsible for those third-party terms or consequences. Failure to abide b | 273 | could include terms and conditions related to the settlement of funds, chargeba | ||
| > | y third-party terms and conditions may result in fees charged to you, delays in | > | cks, prohibited items, | ||
| > | your receipt of funds, or other actions. You agree that we have no control over, | ||||
| > | responsibility for, or liability for | ||||
| 274 | and overdrafts. Breaches may result in fees, delays, or other actions. We are | ||||
| 275 | not responsible for those third-party terms or consequences. Failure to abide b | ||||
| > | y third-party terms and | ||||
| 276 | conditions may result in fees charged to you, delays in your receipt of funds, | ||||
| > | or other actions. You | ||||
| 277 | agree that we have no control over, responsibility for, or liability for | ||||
| 202 | such fees, delays, or actions. | 278 | such fees, delays, or actions. | ||
| 203 | 279 | ||||
| 204 | #### 6. Allow Verification | 280 | #### 6. Allow Verification | ||
| 205 | 281 | ||||
| n | 206 | You authorize us and our Affiliates to verify and evaluate the information you p | n | 282 | You authorize us and our Affiliates to verify and evaluate the information you p |
| > | rovide. This may include: | > | rovide. This may | ||
| 283 | include: | ||||
| 207 | 284 | ||||
| 208 | - Confirming your bank account and identity | 285 | - Confirming your bank account and identity | ||
| 209 | - Obtaining third-party reports (e.g., credit bureaus) | 286 | - Obtaining third-party reports (e.g., credit bureaus) | ||
| 210 | - Cross-checking with other data sources | 287 | - Cross-checking with other data sources | ||
| 211 | 288 | ||||
| n | 212 | Third parties may include without limitation banks, credit and consumer reportin | n | 289 | Third parties may include without limitation banks, credit and consumer reportin |
| > | g agencies, data brokers, and service providers. | > | g agencies, data | ||
| 290 | brokers, and service providers. | ||||
| 213 | 291 | ||||
| n | 214 | If we cannot verify your information, we reserve the right to close, suspend, or | n | 292 | If we cannot verify your information, we reserve the right to close, suspend, or |
| > | limit your account, rescind your access to any or all of our services, and limi | > | limit your account, | ||
| > | t access to your funds. We are not responsible for losses you suffer due to miss | ||||
| > | ing or inaccurate data you provide. | ||||
| 293 | rescind your access to any or all of our services, and limit access to your fun | ||||
| > | ds. We are not | ||||
| 294 | responsible for losses you suffer due to missing or inaccurate data you provide | ||||
| > | . In particular, if you | ||||
| 295 | are a US seller eligible for eBay balance, failure to complete or pass identity | ||||
| > | verification will | ||||
| 296 | result in suspension of your eBay balance enrollment and you will not be able t | ||||
| > | o receive disbursements | ||||
| 297 | of Manage Payments transactions until successful verification is completed. | ||||
| 215 | 298 | ||||
| 216 | ### 3. Seller Payment Fees | 299 | ### 3. Seller Payment Fees | ||
| 217 | 300 | ||||
| n | 218 | The fees and expenses we charge you for using Managed Payments, unless otherwise | n | 301 | The fees and expenses we charge you for using Managed Payments, unless otherwise |
| > | communicated to you, are listed on your applicable fee page linked in the table | > | communicated to you, | ||
| > | s below, based on the country where you reside or are established (" **Fee Page* | ||||
| > | * ") | ||||
| 302 | are listed on your applicable fee page linked in the tables below, based on the | ||||
| > | country where you reside | ||||
| 303 | or are established (" **Fee Page** ") | ||||
| 219 | 304 | ||||
| 220 | Sellers in ____ without eBay Stores/eBay Pro subscription | 305 | Sellers in ____ without eBay Stores/eBay Pro subscription | ||
| 221 | 306 | ||||
| 225 | 310 | ||||
| 226 | Australia | 311 | Australia | ||
| 227 | 312 | ||||
| n | 228 | Canada (English) ; Canada (French) | n | 313 | Canada |
| 314 | (English) ; Canada | ||||
| 315 | (French) | ||||
| 229 | 316 | ||||
| n | 230 | Canada (English) ; Canada (French) | n | 317 | Canada |
| 318 | (English) ; Canada | ||||
| 319 | (French) | ||||
| 231 | 320 | ||||
| n | 232 | United States | n | 321 | United |
| 322 | States | ||||
| 233 | 323 | ||||
| n | 234 | United States | n | 324 | United |
| 325 | States | ||||
| 235 | 326 | ||||
| 236 | Private or Non-Professional Sellers in | 327 | Private or Non-Professional Sellers in | ||
| 237 | 328 | ||||
| 293 | 384 | ||||
| 294 | Taiwan | 385 | Taiwan | ||
| 295 | 386 | ||||
| n | 296 | United Kingdom | n | 387 | United |
| 388 | Kingdom | ||||
| 297 | 389 | ||||
| n | 298 | United Kingdom | n | 390 | United |
| 391 | Kingdom | ||||
| 299 | 392 | ||||
| n | n | 393 | Additional | ||
| 300 | Additional Countries and EEA Countries Not Identified Above | 394 | Countries and EEA Countries Not Identified Above | ||
| 301 | 395 | ||||
| n | n | 396 | Additional | ||
| 302 | Additional Countries and EEA Countries Not Identified Above | 397 | Countries and EEA Countries Not Identified Above | ||
| 303 | 398 | ||||
| n | 304 | Such fees are subject to change. We may change our fees in the manner set out in | n | 399 | Such fees are subject to change. We may change our fees in the manner set out in |
| > | your applicable User Agreement. | > | your applicable User | ||
| 400 | Agreement. | ||||
| 305 | 401 | ||||
| n | 306 | You may be eligible for fee credits in some cases, as described on the Fee Credi | n | 402 | You may be eligible for fee credits in some cases, as described on the Fee Credi |
| > | ts page . | > | ts | ||
| 403 | page . | ||||
| 307 | 404 | ||||
| 308 | ### 4. International Sales | 405 | ### 4. International Sales | ||
| 309 | 406 | ||||
| n | 310 | **You may receive Payment Services from more than one eBay Payment Entity, depen | n | 407 | **You may receive Payment Services from more than one eBay Payment Entity, depen |
| > | ding on where you list and sell as follows:** | > | ding on where you | ||
| 408 | list and sell as follows:** | ||||
| 311 | 409 | ||||
| n | 312 | If you receive Payment Services from an eBay Payment Entity, such entity is appo | n | 410 | If you receive Payment Services from an eBay Payment Entity, such entity is appo |
| > | inted to process transactions and manage the settlement of funds related to your | > | inted to process | ||
| > | sales. Each eBay Payment Entity is responsible for managing payments on specifi | ||||
| > | c eBay sites. The site you list your item | ||||
| 313 | on determines which entity is the " **Responsible Payment Entity** " and proces | 411 | transactions and manage the settlement of funds related to your sales. Each eBa | ||
| > | ses the transaction. For example, eBay Commerce Australia Pty Ltd (eCA) will be | > | y Payment Entity is | ||
| > | the Responsible Payment Entity for the sale of your item listed on ebay.com.au. | ||||
| 412 | responsible for managing payments on specific eBay sites. The site you list you | ||||
| > | r item | ||||
| 413 | on determines which entity is the " **Responsible Payment Entity** " and proces | ||||
| > | ses the | ||||
| 414 | transaction. For example, eBay Commerce Australia Pty Ltd (eCA) will be the Res | ||||
| > | ponsible Payment Entity | ||||
| 415 | for the sale of your item listed on ebay.com.au. | ||||
| 314 | 416 | ||||
| n | 315 | The entity that disburses your proceeds is your “ **Payout Entity** ”. This is u | n | 417 | The entity that disburses your proceeds is your “ **Payout Entity** ”. This is |
| > | sually the eBay Payment Entity assigned to the country where you reside or are e | ||||
| > | stablished as a business. Unless agreed otherwise, your Payout Entity handles al | ||||
| > | l your | ||||
| 418 | usually the eBay Payment Entity assigned to the country where you reside or are | ||||
| > | established as a | ||||
| 419 | business. Unless agreed otherwise, your Payout Entity handles all your | ||||
| 316 | disbursements. | 420 | disbursements. | ||
| 317 | 421 | ||||
| n | 318 | - If the Responsible Payment Entity is also your Payout Entity, that same entity | n | 422 | - If the Responsible Payment Entity is also your Payout Entity, that same entity |
| > | processes the payment and disburses your funds. | > | processes the payment | ||
| 423 | and disburses your funds. | ||||
| 319 | - Example: If you're based in Canada and sell on ebay.ca, eBay Commerce Canada L | 424 | - Example: If you're based in Canada and sell on ebay.ca, eBay Commerce Canada L | ||
| > | td (eCCA) handles both. | > | td (eCCA) handles | ||
| 320 | - If the Responsible Payment Entity is different from your Payout Entity, the Re | 425 | both. | ||
| > | sponsible Payment Entity will first transfer the funds to your Payout Entity. Yo | ||||
| > | ur Payout Entity will then disburse the funds to you. | ||||
| 321 | - Example: If your Payout Entity is eBay Commerce Inc. (eCI) and you sell on eba | 426 | - If the Responsible Payment Entity is different from your Payout Entity, the Re | ||
| > | y.de, eBay S.à r.l. (eBay Sarl) will process the transaction, then send the fund | > | sponsible Payment | ||
| > | s to eCI, which will pay you. | ||||
| 427 | Entity will first transfer the funds to your Payout Entity. Your Payout Entity | ||||
| > | will then disburse the | ||||
| 428 | funds to you. | ||||
| 429 | - Example: If your Payout Entity is eBay Commerce Inc. (eCI) and you sell on eba | ||||
| > | y.de, eBay S.à | ||||
| 430 | r.l. (eBay Sarl) will process the transaction, then send the funds to eCI, whic | ||||
| > | h will pay you. | ||||
| 322 | 431 | ||||
| n | 323 | If more than 12 months have passed since you last sold an item on an eBay site, | n | 432 | If more than 12 months have passed since you last sold an item on an eBay site, |
| > | you’re no longer considered to be receiving services from the Responsible Paymen | > | you’re no longer | ||
| > | t Entity for that site. | ||||
| 433 | considered to be receiving services from the Responsible Payment Entity for tha | ||||
| > | t site. | ||||
| 324 | 434 | ||||
| n | 325 | The following table summarizes which eBay Payment Entity is responsible for whic | n | 435 | The following table summarizes which eBay Payment Entity is responsible for whic |
| > | h sites, and who they disburse to: | > | h sites, and who they | ||
| 436 | disburse to: | ||||
| 326 | 437 | ||||
| 327 | eBay Payment Entity | 438 | eBay Payment Entity | ||
| 328 | 439 | ||||
| 336 | 447 | ||||
| 337 | ebay.com | 448 | ebay.com | ||
| 338 | 449 | ||||
| n | 339 | the United States (all references to the " **United States** " shall include its | n | 450 | the United States (all references 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 Ent | ||||
| > | ity below | ||||
| 451 | territories) and all other countries (together, the “ **Additional Countries** | ||||
| > | ”) | ||||
| 452 | that are not included among the countries associated with an eBay Payment Entit | ||||
| > | y below | ||||
| 340 | 453 | ||||
| 341 | II. ADDITIONAL PAYMENTS TERMS FOR SERVICES PROVIDED BY eBay Commerce Inc. | 454 | II. ADDITIONAL PAYMENTS TERMS FOR SERVICES PROVIDED BY eBay Commerce Inc. | ||
| 342 | 455 | ||||
| 343 | eBay Sarl | 456 | eBay Sarl | ||
| 344 | 457 | ||||
| n | 345 | All European Economic Area (“ **EEA** ”) eBay sites (including ebay.de, ebay.ie, | n | 458 | 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.b | ||||
| > | e, ebay.pl etc.) and ebay.ch | ||||
| 459 | ebay.fr, ebay.it, ebay.es, ebay.at, ebay.nl, ebay.be, befr.ebay.be, benl.ebay.b | ||||
| > | e, ebay.pl etc.) | ||||
| 460 | and ebay.ch | ||||
| 346 | 461 | ||||
| 347 | EEA countries (except Iceland) or Switzerland | 462 | EEA countries (except Iceland) or Switzerland | ||
| 348 | 463 | ||||
| 356 | 471 | ||||
| 357 | Canada | 472 | Canada | ||
| 358 | 473 | ||||
| n | 359 | IV. ADDITIONAL PAYMENTS TERMS FOR SERVICES PROVIDED BY eBay Commerce Canada Ltd. | n | 474 | IV. ADDITIONAL PAYMENTS TERMS FOR SERVICES PROVIDED BY eBay Commerce |
| 475 | Canada Ltd. | ||||
| 360 | 476 | ||||
| 361 | eCA | 477 | eCA | ||
| 362 | 478 | ||||
| 364 | 480 | ||||
| 365 | Australia | 481 | Australia | ||
| 366 | 482 | ||||
| n | 367 | V. ADDITIONAL PAYMENTS TERMS FOR SERVICES PROVIDED BY eBay Commerce Australia Pt | n | 483 | V. ADDITIONAL PAYMENTS TERMS FOR SERVICES PROVIDED BY eBay Commerce |
| > | y Ltd. | ||||
| 484 | Australia Pty Ltd. | ||||
| 368 | 485 | ||||
| 369 | eCUK | 486 | eCUK | ||
| 370 | 487 | ||||
| 371 | ebay.co.uk | 488 | ebay.co.uk | ||
| 372 | 489 | ||||
| n | 373 | the United Kingdom, Jersey, Guernsey, Gibraltar (references made to the " **Unit | n | 490 | the United Kingdom, Jersey, Guernsey, Gibraltar (references made to the " **Unit |
| > | ed Kingdom** " are deemed to also include Jersey, Guernsey or Gibraltar for the | > | ed | ||
| > | purposes of these Payments Terms of Use) | ||||
| 491 | Kingdom** " are deemed to also include Jersey, Guernsey or Gibraltar for the pu | ||||
| > | rposes of | ||||
| 492 | these Payments Terms of Use) | ||||
| 374 | 493 | ||||
| n | 375 | VI. ADDITIONAL PAYMENTS TERMS FOR SERVICES PROVIDED BY eBay Commerce UK Ltd. | n | 494 | VI. ADDITIONAL PAYMENTS TERMS FOR SERVICES PROVIDED BY eBay Commerce UK |
| 495 | Ltd. | ||||
| 376 | 496 | ||||
| n | 377 | If you reside outside the EEA (except Iceland), the United Kingdom, and Switzerl | n | 497 | If you reside outside the EEA (except Iceland), the United Kingdom, and Switzerl |
| > | and, the performance of any Payment Services provided to you by eBay Sarl and/or | > | and, the performance of | ||
| > | eCUK is deemed suspended until an item you listed on a EEA, UK, or Swiss eBay s | ||||
| > | ite is sold. | ||||
| 498 | any Payment Services provided to you by eBay Sarl and/or eCUK is deemed suspend | ||||
| > | ed until an item you | ||||
| 499 | listed on a EEA, UK, or Swiss eBay site is sold. | ||||
| 378 | 500 | ||||
| n | 379 | To the extent that Payment Services involve eCI (including in partnership with o | n | 501 | To the extent that Payment Services involve eCI (including in partnership with o |
| > | ther eBay Payment Entities), you hereby appoint eCI as your limited payments age | > | ther eBay Payment | ||
| > | nt to receive payments on your behalf and disburse your funds to you, directly o | ||||
| > | r indirectly. | ||||
| 502 | Entities), you hereby appoint eCI as your limited payments agent to receive pay | ||||
| > | ments on your behalf and | ||||
| 503 | disburse your funds to you, directly or indirectly. | ||||
| 380 | 504 | ||||
| 381 | #### Payout Currency | 505 | #### Payout Currency | ||
| 382 | 506 | ||||
| n | 383 | Your “ **Payout Currency** ” is the currency we use to send your sales proceeds | n | 507 | Your “ **Payout Currency** ” is the currency we use to send your sales |
| > | to your Linked Financial Account. It’s generally determined by your country of r | ||||
| > | esidence/establishment, unless we agree otherwise: | ||||
| 508 | proceeds to your Linked Financial Account. It’s generally determined by your co | ||||
| > | untry of | ||||
| 509 | residence/establishment, unless we agree otherwise: | ||||
| 384 | 510 | ||||
| 385 | - **United States** — US Dollar (USD) | 511 | - **United States** — US Dollar (USD) | ||
| 386 | - **EEA (except Iceland)** — Euro (EUR) | 512 | - **EEA (except Iceland)** — Euro (EUR) | ||
| n | 387 | - **United Kingdom, Switzerland, Liechtenstein, or Australia** — Local currency | n | 513 | - **United Kingdom, Switzerland, Liechtenstein, or Australia** — Local currency |
| > | based on your country | ||||
| 514 | based on your country | ||||
| 388 | - **Canada** — Canadian Dollar (CAD) or US Dollar (USD), if available and select | 515 | - **Canada** — Canadian Dollar (CAD) or US Dollar (USD), if available and | ||
| > | ed by you | ||||
| 516 | selected by you | ||||
| 389 | - **Additional Countries** (as defined in the table above) — US Dollar (USD), or | 517 | - **Additional Countries** (as defined in the table above) — US Dollar (USD), or | ||
| > | another currency if we offer it and you choose it | ||||
| 518 | another currency if we offer it and you choose it | ||||
| 390 | 519 | ||||
| n | 391 | We may offer more payout currencies in the future. If you list an item on an eBa | n | 520 | We may offer more payout currencies in the future. If you list an item on an eBa |
| > | y website in a different currency than your Payout Currency, the paid amount wil | > | y website in a | ||
| > | l be converted into your Payout Currency. This conversion uses our transaction e | ||||
| > | xchange rate and may include a currency | ||||
| 392 | conversion fee (see Section 3/Seller Payment Fees). Similarly, your receipt of | 521 | different currency than your Payout Currency, the paid amount will be converted | ||
| > | eBay Services from Affiliates may cause you to incur fees which are published in | > | into your Payout | ||
| > | a currency other than your Payout Currency; if this happens, we may convert suc | ||||
| > | h fees into your Payout Currency in the | ||||
| 522 | Currency. This conversion uses our transaction exchange rate and may include a | ||||
| > | currency | ||||
| 523 | conversion fee (see Section 3/Seller Payment Fees). Similarly, your receipt of | ||||
| > | eBay Services from | ||||
| 524 | Affiliates may cause you to incur fees which are published in a currency other | ||||
| > | than your Payout | ||||
| 525 | Currency; if this happens, we may convert such fees into your Payout Currency i | ||||
| > | n the | ||||
| 393 | same manner described above. | 526 | same manner described above. | ||
| 394 | 527 | ||||
| n | 395 | **Note:** If you’re in an Additional Country, your bank might charge a separate | n | 528 | **Note:** If you’re in an Additional Country, your bank might charge a separate |
| > | fee to convert funds from USD into your local currency. | ||||
| 529 | fee to convert funds from USD into your local currency. | ||||
| 396 | 530 | ||||
| 397 | ### 5. Using Managed Payments | 531 | ### 5. Using Managed Payments | ||
| 398 | 532 | ||||
| 400 | 534 | ||||
| 401 | After each Managed Payments transaction, we’ll notify you of the payment. | 535 | After each Managed Payments transaction, we’ll notify you of the payment. | ||
| 402 | 536 | ||||
| n | 403 | Unless subject to a hold under these Payments Terms of Use, your transaction pro | n | 537 | Unless subject to a hold under these Payments Terms of Use, your transaction pro |
| > | ceeds will generally be available for disbursement within one to two business da | > | ceeds will generally | ||
| > | ys after buyer payment is confirmed in checkout, although actual availability ma | ||||
| > | y vary depending on the buyer’s | ||||
| 404 | payment method and when the payment is received by us. In some cases (for examp | 538 | be available for disbursement within one to two business days after buyer payme | ||
| > | le, if you are a new seller on eBay, or if you are a private seller in the UK), | > | nt is confirmed in | ||
| > | funds may become available for disbursement after the item is deemed delivered, | ||||
| > | as described in this help page . | ||||
| 539 | checkout, although actual availability may vary depending on the buyer’s | ||||
| 540 | payment method and when the payment is received by us. In some cases (for examp | ||||
| > | le, if you are a new | ||||
| 541 | seller on eBay, or if you are a private seller in the UK), funds may become ava | ||||
| > | ilable for disbursement | ||||
| 542 | after the item is deemed delivered, as described in this help | ||||
| 543 | page . | ||||
| 405 | 544 | ||||
| n | 406 | Once available, your funds will be grouped in a batch for payout to your Linked | n | 545 | Once available, your funds will be grouped in a batch for payout to your Linked |
| > | Financial Account, either automatically, based on your selected payout schedule | > | Financial Account, | ||
| > | (if such scheduled payouts are made available to you), or on-demand, following y | ||||
| > | our individual payout request. If | ||||
| 546 | either automatically, based on your selected payout schedule (if such scheduled | ||||
| > | payouts are made | ||||
| 547 | available to you), or on-demand, following your individual payout request. If | ||||
| 407 | scheduled payouts aren’t available for your account, we may periodically transf | 548 | scheduled payouts aren’t available for your account, we may periodically transf | ||
| > | er available funds to your Linked Financial Account. | > | er available | ||
| 549 | funds to your Linked Financial Account. | ||||
| 408 | 550 | ||||
| n | 409 | We may deviate from the agreed settlement and payout process as needed for compl | n | 551 | We may deviate from the agreed settlement and payout process as needed for compl |
| > | iance or risk-related reasons, unforeseen operational or technical reasons, or e | > | iance or risk-related | ||
| > | vents outside our control. If we are unable to settle or disburse your funds, we | ||||
| > | may refund the buyer or otherwise | ||||
| 552 | reasons, unforeseen operational or technical reasons, or events outside our con | ||||
| > | trol. If we are unable | ||||
| 553 | to settle or disburse your funds, we may refund the buyer or otherwise | ||||
| 410 | process these funds as required by applicable law (such as abandoned property l | 554 | process these funds as required by applicable law (such as abandoned property l | ||
| > | aws). | > | aws). | ||
| 411 | 555 | ||||
| n | 412 | Funds we receive on your behalf do not constitute deposits. If received by eCI, | n | 556 | Funds we receive on your behalf do not constitute deposits. If received by eCI, |
| > | eCA, or eCCA, they represent an unsecured claim for payment against us. We may c | > | eCA, or eCCA, they | ||
| > | ombine your funds with those of other customers and invest them according to app | ||||
| > | licable laws. You do not have any | ||||
| 413 | ownership interest in these investments and any interest earned from these inve | 557 | represent an unsecured claim for payment against us. We may combine your funds | ||
| > | stments will be retained by us. To the extent you may have any beneficial owners | > | with those of other | ||
| > | hip in the interest or proceeds of these investments, you assign any right, titl | ||||
| > | e, and/or interest therein to us. | ||||
| 558 | customers and invest them according to applicable laws. You do not have any | ||||
| 559 | ownership interest in these investments and any interest earned from these inve | ||||
| > | stments will be | ||||
| 560 | retained by us. To the extent you may have any beneficial ownership in the inte | ||||
| > | rest or proceeds of | ||||
| 561 | these investments, you assign any right, title, and/or interest therein to us. | ||||
| 414 | 562 | ||||
| n | 415 | Payouts are typically credited to your Linked Financial Account within one to th | n | 563 | Payouts are typically credited to your Linked Financial Account within one to th |
| > | ree business days after disbursement is initiated, but timing may vary depending | > | ree business days | ||
| > | on your region and your bank’s processing times. | ||||
| 564 | after disbursement is initiated, but timing may vary depending on your region a | ||||
| > | nd your bank’s | ||||
| 565 | processing times. | ||||
| 416 | 566 | ||||
| 417 | We will provide you with monthly transaction statements at no cost, accessible v | 567 | We will provide you with monthly transaction statements at no cost, accessible v | ||
| > | ia Seller Hub . | > | ia Seller Hub . | ||
| 418 | 568 | ||||
| n | n | 569 | If you are a seller based in the U.S. and enrolled in eBay balance, the followin | ||
| > | g terms also apply to | ||||
| 570 | the disbursement of your transaction proceeds: the U.S. eBay balance Terms and | ||||
| > | Conditions (the | ||||
| 571 | “ **U.S. balance Terms** ”). If you are a seller based in Australia and | ||||
| 572 | enrolled in eBay balance, the following terms also apply to the disbursement of | ||||
| > | your transaction | ||||
| 573 | proceeds: the Australian eBay balance Terms and Conditions (the “ **AU balance | ||||
| 574 | Terms** ”). In the event of any conflict between the Balance Terms applicable t | ||||
| > | o you and | ||||
| 575 | these Payments Terms of Use, the applicable Balance Terms will control. | ||||
| 576 | |||||
| 419 | #### Returns and Cancellations; Refunds | 577 | #### Returns and Cancellations; Refunds | ||
| 420 | 578 | ||||
| n | 421 | If your buyer is entitled to a refund for a return or cancellation for a Managed | n | 579 | If your buyer is entitled to a refund for a return |
| > | Payments transaction—either under your agreement with the buyer or under eBay`s | ||||
| 580 | or cancellation for a Managed Payments transaction—either under your agreement | ||||
| > | with the | ||||
| 581 | buyer or under eBay`s | ||||
| 422 | policies—you authorize us to issue the refund to the buyer on your behalf. | 582 | policies—you authorize us to issue the refund to the buyer on your behalf. | ||
| 423 | 583 | ||||
| 424 | #### eBay Money Back Guarantee Programs | 584 | #### eBay Money Back Guarantee Programs | ||
| 425 | 585 | ||||
| n | 426 | eBay offers buyers protection programs on certain eBay Services to ensure that b | n | 586 | eBay offers buyers protection programs on certain eBay Services to ensure that b |
| > | uyers receive the item they ordered or get their money back (“eBay Money Back Gu | > | uyers receive the item | ||
| > | arantee” in most jurisdictions and “eBay Buyer Protection Program” in Germany, c | ||||
| > | ollectively | ||||
| 587 | they ordered or get their money back (“eBay Money Back Guarantee” in most juris | ||||
| > | dictions | ||||
| 588 | and “eBay Buyer Protection Program” in Germany, collectively | ||||
| 427 | referred to as “ **eMBG** ”). | 589 | referred to as “ **eMBG** ”). | ||
| 428 | 590 | ||||
| n | 429 | You understand if your buyer successfully files a claim under eMBG for a Managed | n | 591 | You understand if your buyer successfully files a claim under eMBG for a Managed |
| > | Payments transaction, the eBay company offering the eMBG program (“ **eMBG Serv | > | Payments transaction, | ||
| > | ice Provider** ”) will, pursuant to the User Agreement and eMBG policy , reimbur | ||||
| > | se the buyer the | ||||
| 592 | the eBay company offering the eMBG program (“ **eMBG Service Provider** ”) | ||||
| 593 | will, pursuant to the User | ||||
| 594 | Agreement and eMBG | ||||
| 595 | policy , reimburse the buyer the | ||||
| 430 | amount owed on your behalf and charge you the respective amount. | 596 | amount owed on your behalf and charge you the respective amount. | ||
| 431 | 597 | ||||
| 432 | #### Disputes | 598 | #### Disputes | ||
| 433 | 599 | ||||
| n | 434 | A buyer—or the owner of the payment instrument used—may start a payment dispute | n | 600 | A buyer—or the owner of the payment instrument used—may start a payment dispute |
| > | (called a “ **Dispute** ” within this Part I) related to a Managed Payments tran | > | (called a | ||
| > | saction. This can include, for example, a chargeback, direct-debit reversal, or | ||||
| > | a | ||||
| 601 | “ **Dispute** ” within this Part I) related to a Managed Payments transaction. | ||||
| 602 | This can include, for example, a chargeback, direct-debit reversal, or a | ||||
| 435 | PayPal buyer protection claim. The buyer’s financial institution will make the | 603 | PayPal buyer protection claim. The buyer’s financial institution will make the | ||
| > | final decision on the Dispute. | > | final decision on | ||
| 604 | the Dispute. | ||||
| 436 | 605 | ||||
| 437 | We will notify you when a Dispute is opened and ask whether you want to accept o | 606 | We will notify you when a Dispute is opened and ask whether you want to accept o | ||
| > | r contest it: | > | r contest it: | ||
| 438 | 607 | ||||
| 439 | - **If you accept**, you agree the buyer will receive a refund. | 608 | - **If you accept**, you agree the buyer will receive a refund. | ||
| n | 440 | - **If you challenge it**, we will submit any supporting evidence you provide to | n | 609 | - **If you challenge it**, we will submit any supporting evidence you provide to |
| > | the buyer’s financial institution. | > | the | ||
| 610 | buyer’s financial institution. | ||||
| 441 | 611 | ||||
| n | 442 | You must provide any requested information within our specified timeline. If you | n | 612 | You must provide any requested information within our specified timeline. If you |
| > | don’t, you risk losing the full amount in Dispute, as determined by card networ | > | don’t, you | ||
| > | k and payment service provider rules. | ||||
| 613 | risk losing the full amount in Dispute, as determined by card network and payme | ||||
| > | nt service provider | ||||
| 614 | rules. | ||||
| 443 | 615 | ||||
| n | 444 | If you accept the Dispute, or if the financial institution rules in favor of the | n | 616 | If you accept the Dispute, or if the financial institution rules in favor of the |
| > | buyer, the amount will be refunded to the buyer and charged to us. You must rei | > | buyer, the amount | ||
| > | mburse us unless you qualify for eBay’s Seller Protection policy for payment dis | ||||
| > | putes, in which case you're not responsible for the refund. | ||||
| 617 | will be refunded to the buyer and charged to us. You must reimburse us unless y | ||||
| > | ou qualify for | ||||
| 618 | eBay’s Seller | ||||
| 619 | Protection policy for payment disputes, in which case you're not responsible fo | ||||
| > | r the refund. | ||||
| 445 | 620 | ||||
| 446 | Even if you accept the Dispute, we may still challenge it at our discretion and | 621 | Even if you accept the Dispute, we may still challenge it at our discretion and | ||
| > | at no cost to you. | > | at no cost to you. | ||
| 447 | 622 | ||||
| n | 448 | Some payment providers offer arbitration to appeal a Dispute outcome. We may ask | n | 623 | Some payment providers offer arbitration to appeal a Dispute outcome. We may ask |
| > | for your consent to enter arbitration on your behalf. If you agree to arbitrati | > | for your consent to | ||
| > | on, you authorize us to handle the process for you. You will cover any costs or | ||||
| > | legal fees, as agreed between you and us | ||||
| 624 | enter arbitration on your behalf. If you agree to arbitration, you authorize us | ||||
| > | to handle the process | ||||
| 625 | for you. You will cover any costs or legal fees, as agreed between you and us | ||||
| 449 | in each case in advance. We may pay these first and recover the amount from you | 626 | in each case in advance. We may pay these first and recover the amount from you | ||
| > | later. | > | later. | ||
| 450 | 627 | ||||
| n | 451 | You agree not to reopen or challenge the outcome of any Dispute we have already | n | 628 | You agree not to reopen or challenge the outcome of any Dispute we have already |
| > | resolved. If you're a consumer in the EU, UK, or Australia—or an Australian Smal | > | resolved. If you're a | ||
| > | l Business as defined in the Australian Competition and Consumer Act 2010 (Cth)— | ||||
| > | your rights to file a | ||||
| 629 | consumer in the EU, UK, or Australia—or an Australian Small Business as defined | ||||
| > | in the | ||||
| 630 | Australian Competition and Consumer Act 2010 (Cth)—your rights to file a | ||||
| 452 | complaint or pursue legal action in court remain unaffected. | 631 | complaint or pursue legal action in court remain unaffected. | ||
| 453 | 632 | ||||
| 454 | #### Seller Protection | 633 | #### Seller Protection | ||
| 455 | 634 | ||||
| n | 456 | If you qualify under the Seller Protection policy offered by the eBay Affiliate | n | 635 | If you qualify under the Seller Protection policy offered by the eBay Affiliate |
| > | providing you with eBay Services, and you meet all of its conditions, you will n | > | providing you with | ||
| > | ot be held liable for: | ||||
| 636 | eBay Services, and you meet all of its conditions, you will not be held liable | ||||
| > | for: | ||||
| 457 | 637 | ||||
| 458 | - Refunds related to eBay Money Back Guarantee (eMBG) claims | 638 | - Refunds related to eBay Money Back Guarantee (eMBG) claims | ||
| 459 | - Disputes (e.g., chargebacks or reversals) | 639 | - Disputes (e.g., chargebacks or reversals) | ||
| 464 | - Meet all eligibility requirements outlined in the Seller Protection policy | 644 | - Meet all eligibility requirements outlined in the Seller Protection policy | ||
| 465 | - Fulfill your seller obligations under that policy | 645 | - Fulfill your seller obligations under that policy | ||
| 466 | 646 | ||||
| n | n | 647 | For details, refer to the applicable Seller | ||
| 467 | For details, refer to the applicable Seller Protection policy provided by the eB | 648 | Protection policy provided by the eBay Affiliate offering the eBay Services in | ||
| > | ay Affiliate offering the eBay Services in your region. | > | your region. | ||
| 468 | 649 | ||||
| 469 | #### Fines, Penalties, and Losses | 650 | #### Fines, Penalties, and Losses | ||
| 470 | 651 | ||||
| n | 471 | We are unable to manage payments for prohibited and restricted items . For examp | n | 652 | We are unable to manage payments for prohibited |
| > | le, you may not use our Payment Services for gambling-related activity. Before l | ||||
| > | isting | ||||
| 653 | and restricted items . For example, you may not use our Payment Services for ga | ||||
| > | mbling-related | ||||
| 654 | activity. Before listing | ||||
| 472 | an item, ensure it complies with eBay’s rules, applicable laws, and any restric | 655 | an item, ensure it complies with eBay’s rules, applicable laws, and any restric | ||
| > | tions set by credit card networks or third-party payment providers. | > | tions set by | ||
| 656 | credit card networks or third-party payment providers. | ||||
| 473 | 657 | ||||
| n | 474 | You agree to indemnify and reimburse us for any reversals, chargebacks, claims, | n | 658 | You agree to indemnify and reimburse us for any reversals, chargebacks, claims, |
| > | costs, losses, damages, fees, fines, penalties, and other liabilities and expens | > | costs, losses, | ||
| > | es we incur due to: | ||||
| 659 | damages, fees, fines, penalties, and other liabilities and expenses we incur du | ||||
| > | e to: | ||||
| 475 | 660 | ||||
| 476 | - Your breach of these Payments Terms of Use, the User Agreement, including eBay | 661 | - Your breach of these Payments Terms of Use, the User Agreement, including eBay | ||
| > | policies, | > | policies, | ||
| 477 | - Your violation of laws or third-party rights, or | 662 | - Your violation of laws or third-party rights, or | ||
| n | 478 | - Any transaction processed by us for you for an item or service you listed on e | n | 663 | - Any transaction processed by us for you for an item or service you listed on e |
| > | Bay (including without limitation the accuracy of your item description or any c | > | Bay (including | ||
| > | laim or dispute arising out of items or services offered or sold by you). | ||||
| 664 | without limitation the accuracy of your item description or any claim or disput | ||||
| > | e arising out of | ||||
| 665 | items or services offered or sold by you). | ||||
| 479 | 666 | ||||
| 480 | #### Holds | 667 | #### Holds | ||
| 481 | 668 | ||||
| n | 482 | We reserve the right to restrict your access to funds when necessary to manage r | n | 669 | We reserve the right to restrict your access to funds when necessary to manage r |
| > | isks related to providing you the Payment Services. | > | isks related to | ||
| 670 | providing you the Payment Services. | ||||
| 483 | 671 | ||||
| n | 484 | You agree that we may place holds on your funds—or instruct a payment service pr | n | 672 | You agree that we may place holds on your funds—or instruct a payment service pr |
| > | ovider to do so—before disbursement, including in stored value or payment accoun | > | ovider to do | ||
| > | ts. | ||||
| 673 | so—before disbursement, including in your eBay balance account, stored value ac | ||||
| > | count, payment | ||||
| 674 | account or E-Money account (as applicable). | ||||
| 485 | 675 | ||||
| n | 486 | We’ll display the hold amount and status in the Payments tab of Seller Hub or My | n | 676 | We’ll display the hold amount and status in the Payments tab of Seller Hub or My |
| > | eBay, and notify you through the eBay Message Center and/or email. We may ask f | > | eBay, and | ||
| > | or more information to resolve the issue. | ||||
| 677 | notify you through the eBay Message Center and/or email. We may ask for more in | ||||
| > | formation to resolve | ||||
| 678 | the issue. | ||||
| 487 | 679 | ||||
| n | 488 | If you're a consumer in Germany, eBay Sarl will apply holds to your funds as des | n | 680 | If you're a consumer in Germany, eBay Sarl will apply holds to your funds as des |
| > | cribed in Part III, Section 6 . For all other sellers, we apply holds as describ | > | cribed in Part III, Section 6 . For all other sellers, we apply holds as | ||
| > | ed below. | ||||
| 681 | described below. | ||||
| 489 | 682 | ||||
| n | 490 | We may place a hold if we detect increased risk—such as identity verification is | n | 683 | We may place a hold if we detect increased risk—such as identity verification is |
| > | sues or buyer disputes. Learn more about hold types and examples . | > | sues or buyer | ||
| 684 | disputes. Learn more about hold | ||||
| 685 | types and examples . | ||||
| 491 | 686 | ||||
| n | 492 | We take into consideration relevant factors when assessing the risks including y | n | 687 | We take into consideration relevant factors when assessing the risks including y |
| > | our selling history, seller performance, seller type, returns and cancellations, | > | our selling history, | ||
| > | chargebacks, eMBG claims, riskiness of listing category, transaction value, and | ||||
| > | our ability to collect Owed Amounts | ||||
| 688 | seller performance, seller type, returns and cancellations, chargebacks, eMBG c | ||||
| > | laims, riskiness of | ||||
| 689 | listing category, transaction value, and our ability to collect Owed Amounts | ||||
| 493 | from you. | 690 | from you. | ||
| 494 | 691 | ||||
| n | 495 | We may cancel or freeze payouts as necessary to comply with our legal obligation | n | 692 | We may cancel or freeze payouts as necessary to comply with our legal obligation |
| > | s in connection with fraud prevention, risk management, or regulatory compliance | > | s in connection with | ||
| > | , or, upon lawful request by our Affiliates, to enable them to comply with legal | ||||
| > | obligations applicable to them (such as | ||||
| 693 | fraud prevention, risk management, or regulatory compliance, or, upon lawful re | ||||
| > | quest by our | ||||
| 694 | Affiliates, to enable them to comply with legal obligations applicable to them | ||||
| > | (such as | ||||
| 496 | compliance with tax-related obligations from EU DAC7 legislation ). | 695 | compliance with tax-related obligations from EU DAC7 | ||
| 696 | legislation ). | ||||
| 497 | 697 | ||||
| 498 | We will release holds once the associated risk is reduced or resolved. | 698 | We will release holds once the associated risk is reduced or resolved. | ||
| 499 | 699 | ||||
| n | 500 | If your payout entity is eCI, eCA, or eCCA, we may keep a portion of your funds | n | 700 | If your payout entity is eCI, eCA, or eCCA, we may keep a portion of your funds |
| > | after account closure to cover refunds or Disputes. We’ll return unused amounts | > | after account closure | ||
| > | to your Linked Financial Account within 190 days of your eBay account closure, u | ||||
| > | nless the law requires otherwise. | ||||
| 701 | to cover refunds or Disputes. We’ll return unused amounts to your Linked Financ | ||||
| > | ial Account | ||||
| 702 | within 190 days of your eBay account closure, unless the law requires otherwise | ||||
| > | . | ||||
| 501 | 703 | ||||
| 502 | Delays from your bank’s settlement procedures are outside our control. | 704 | Delays from your bank’s settlement procedures are outside our control. | ||
| 503 | 705 | ||||
| 504 | #### Reserves | 706 | #### Reserves | ||
| 505 | 707 | ||||
| n | 506 | To help manage risk and secure your obligations under these Payments Terms of Us | n | 708 | To help manage risk and secure your obligations under these Payments Terms of Us |
| > | e, we may require a reserve on your funds. This means that a portion of your tra | > | e, we may require a | ||
| > | nsaction proceeds will be temporarily held and not available for payout. | ||||
| 709 | reserve on your funds. This means that a portion of your transaction proceeds w | ||||
| > | ill be temporarily held | ||||
| 710 | and not available for payout. | ||||
| 507 | 711 | ||||
| 508 | There are two types of reserves: | 712 | There are two types of reserves: | ||
| 509 | 713 | ||||
| n | 510 | - A rolling reserve withholds a set percentage of your daily proceeds for a fixe | n | 714 | - A rolling reserve withholds a set percentage of your daily proceeds for a fixe |
| > | d period to be released to you later at a scheduled time on a rolling basis. For | > | d period to be | ||
| > | example, we may require a rolling reserve of 10% for a period of 60 days. Under | ||||
| > | this requirement, 10% of your | ||||
| 511 | transaction proceeds earned on day 1 will be withheld from your payouts and the | 715 | released to you later at a scheduled time on a rolling basis. For example, we m | ||
| > | n be released to you on day 61. Subsequently, 10% of your transaction proceeds e | > | ay require a rolling | ||
| > | arned on day 2 will be withheld and then released to you on day 62, and so forth | ||||
| > | . Rolling reserves are the most common | ||||
| 716 | reserve of 10% for a period of 60 days. Under this requirement, 10% of your | ||||
| 717 | transaction proceeds earned on day 1 will be withheld from your payouts and the | ||||
| > | n be released to you | ||||
| 718 | on day 61. Subsequently, 10% of your transaction proceeds earned on day 2 will | ||||
| > | be withheld and then | ||||
| 719 | released to you on day 62, and so forth. Rolling reserves are the most common | ||||
| 512 | type of reserve. | 720 | type of reserve. | ||
| n | 513 | - A minimum reserve holds a fixed amount (e.g., £5,000), either by gradually col | n | 721 | - A minimum reserve holds a fixed amount (e.g., £5,000), either by gradually col |
| > | lecting a portion of your proceeds or deducting the full amount from pending pay | > | lecting a | ||
| > | outs. | ||||
| 722 | portion of your proceeds or deducting the full amount from pending payouts. | ||||
| 514 | 723 | ||||
| n | 515 | We may require a reserve if we have reason to believe that there is an increased | n | 724 | We may require a reserve if we have reason to believe that there is an increased |
| > | risk of non-fulfillment of your obligations under these Payments Terms of Use. | > | risk of | ||
| > | We take into consideration relevant risk factors before requiring a reserve, inc | ||||
| > | luding, as applicable (i) your eBay | ||||
| 516 | account history, (ii) whether the category you are listing in has a higher like | 725 | non-fulfillment of your obligations under these Payments Terms of Use. We take | ||
| > | lihood of chargebacks or refunds, (iii) whether your eBay account has an elevate | > | into consideration | ||
| > | d number of customer claims or disputes, (iv) your business and/or personal cred | ||||
| > | it history (business sellers may be | ||||
| 517 | subject to credit agency checks if permitted by applicable law), (v) whether yo | 726 | relevant risk factors before requiring a reserve, including, as applicable (i) | ||
| > | u are selling products in advance of availability (pre-selling orders), and (vi) | > | your eBay | ||
| > | whether you have extended delivery time frames. | ||||
| 727 | account history, (ii) whether the category you are listing in has a higher like | ||||
| > | lihood of chargebacks | ||||
| 728 | or refunds, (iii) whether your eBay account has an elevated number of customer | ||||
| > | claims or disputes, | ||||
| 729 | (iv) your business and/or personal credit history (business sellers may be | ||||
| 730 | subject to credit agency checks if permitted by applicable law), (v) whether yo | ||||
| > | u are selling products | ||||
| 731 | in advance of availability (pre-selling orders), and (vi) whether you have exte | ||||
| > | nded delivery time | ||||
| 732 | frames. | ||||
| 518 | 733 | ||||
| n | 519 | Reserves can be raised, lowered, or removed based on your account performance an | n | 734 | Reserves can be raised, lowered, or removed based on your account performance an |
| > | d the risk associated with your use of Managed Payments. The amount of each rese | > | d the risk associated | ||
| > | rve (and any subsequent change) will be reasonably determined based on the selle | ||||
| > | r-specific risk (including the volume of | ||||
| 735 | with your use of Managed Payments. The amount of each reserve (and any subseque | ||||
| > | nt change) will be | ||||
| 736 | reasonably determined based on the seller-specific risk (including the volume o | ||||
| > | f | ||||
| 520 | your sales). The amount and status of any reserve will be shown in the Payments | 737 | your sales). The amount and status of any reserve will be shown in the Payments | ||
| > | tab in Seller Hub or My eBay, and we’ll notify you if a reserve is applied. | > | tab in Seller Hub or | ||
| 738 | My eBay, and we’ll notify you if a reserve is applied. | ||||
| 521 | 739 | ||||
| n | 522 | If eCA is your Payout Entity, additional rules may apply under the Seller Reserv | n | 740 | If eCA is your Payout Entity, additional rules may apply under the Seller Reserv |
| > | e Terms and Conditions , which you agree to by accepting these Payments Terms of | > | e Terms and Conditions , | ||
| > | Use. | ||||
| 741 | which you agree to by accepting these Payments Terms of Use. | ||||
| 523 | 742 | ||||
| 524 | #### Our Liability | 743 | #### Our Liability | ||
| 525 | 744 | ||||
| n | 526 | If we have acted with reasonable precautions and/or in accordance with our legal | n | 745 | If we have acted with reasonable precautions and/or in accordance with our legal |
| > | obligations, we are not liable for any unauthorized, incorrectly, unexecuted, o | > | obligations, we are | ||
| > | r delayed payment transactions when such issues were caused by abnormal and unfo | ||||
| > | reseeable circumstances beyond our | ||||
| 746 | not liable for any unauthorized, incorrectly, unexecuted, or delayed payment tr | ||||
| > | ansactions when such | ||||
| 747 | issues were caused by abnormal and unforeseeable circumstances beyond our | ||||
| 527 | control. | 748 | control. | ||
| 528 | 749 | ||||
| 529 | #### Signature | 750 | #### Signature | ||
| 530 | 751 | ||||
| n | 531 | When required by anti-money laundering or other legal rules, your acceptance of | n | 752 | When required by anti-money laundering or other legal rules, your acceptance of |
| > | these Payments Terms of Use may serve as your legal signature, unless prohibited | > | these Payments Terms of | ||
| > | by law | ||||
| 753 | Use may serve as your legal signature, unless prohibited by law | ||||
| 532 | 754 | ||||
| 533 | ### 6. Security; Third-Party Providers; Data Protection | 755 | ### 6. Security; Third-Party Providers; Data Protection | ||
| 534 | 756 | ||||
| 535 | #### Security | 757 | #### Security | ||
| 536 | 758 | ||||
| n | 537 | You agree to follow our security measures for using Managed Payments. You're res | n | 759 | You agree to follow our security measures for using Managed Payments. You're res |
| > | ponsible for keeping your eBay login credentials (passwords, codes, etc.) safe. | > | ponsible for keeping | ||
| > | Unless protected by our seller protection policies, you’re also responsible for | ||||
| > | any transactions made or actions | ||||
| 760 | your eBay login credentials (passwords, codes, etc.) safe. Unless protected by | ||||
| > | our seller protection | ||||
| 761 | policies, you’re also responsible for any transactions made or actions | ||||
| 538 | taken using your account. | 762 | taken using your account. | ||
| 539 | 763 | ||||
| n | 540 | If you notice an unauthorized, delayed, or incorrect payment, you must notify us | n | 764 | If you notice an unauthorized, delayed, or incorrect payment, you must notify us |
| > | right away using the contact information in the Introduction Section. If you no | > | right away using the | ||
| > | tify us by telephone of such a transaction, we may request written confirmation | ||||
| > | immediately following the notification. | ||||
| 765 | contact information in the Introduction Section. If you notify us by telephone | ||||
| > | of such a transaction, | ||||
| 766 | we may request written confirmation immediately following the notification. | ||||
| 541 | The notification shall be free of charge. | 767 | The notification shall be free of charge. | ||
| 542 | 768 | ||||
| 543 | #### Third-Party Providers | 769 | #### Third-Party Providers | ||
| 544 | 770 | ||||
| n | 545 | We may use eBay Affiliates or third-party service providers (together “ **Servic | n | 771 | We may use eBay Affiliates or third-party service providers (together “ **Servic |
| > | e Providers** ”), such as those that process payments, verify identity, or asses | > | e | ||
| > | s risk, in various locations to help us provide Managed Payments. These Service | ||||
| > | Providers may also subcontract tasks to other eBay Affiliates or third parties. | ||||
| > | In this context we may transfer your data to such Service | ||||
| 772 | Providers** ”), such as those that process payments, verify identity, or assess | ||||
| > | risk, in | ||||
| 773 | various locations to help us | ||||
| 774 | provide Managed Payments. These Service Providers may also subcontract tasks to | ||||
| > | other eBay Affiliates | ||||
| 775 | or third parties. In this context we may transfer your data to such Service | ||||
| 546 | Providers. | 776 | Providers. | ||
| 547 | 777 | ||||
| n | 548 | We may also contact you through the eBay Affiliate that provides your eBay Servi | n | 778 | We may also contact you through the eBay Affiliate that provides your eBay Servi |
| > | ces. For example, that Affiliate may notify you about account holds or restricti | > | ces. For example, | ||
| > | ons. | ||||
| 779 | that Affiliate may notify you about account holds or restrictions. | ||||
| 549 | 780 | ||||
| n | 550 | You explicitly agree that we may outsource services (including sub-outsourcing) | n | 781 | You explicitly agree that we may outsource services (including sub-outsourcing) |
| > | to Service Providers, and you accept that the obligation of secrecy does not exi | > | to Service Providers, | ||
| > | st with respect to the related transfer of data (e.g. contact details, account i | ||||
| > | nformation, sales related information) | ||||
| 782 | and you accept that the obligation of secrecy does not exist with respect to th | ||||
| > | e related transfer of | ||||
| 783 | data (e.g. contact details, account information, sales related information) | ||||
| 551 | to such Service Providers. | 784 | to such Service Providers. | ||
| 552 | 785 | ||||
| n | 553 | These providers are either subject by law to a professional secrecy obligation, | n | 786 | These providers are either subject by law to a professional secrecy obligation, |
| > | as provided by the law applicable to the Service Provider, or will be contractua | > | as provided by the law | ||
| > | lly bound to comply with strict confidentiality rules. Only a limited number of | ||||
| > | persons within the relevant Service | ||||
| 787 | applicable to the Service Provider, or will be contractually bound to comply wi | ||||
| > | th strict | ||||
| 788 | confidentiality rules. Only a limited number of persons within the relevant Ser | ||||
| > | vice | ||||
| 554 | Provider will be able to view your data on a need to know basis. | 789 | Provider will be able to view your data on a need to know basis. | ||
| 555 | 790 | ||||
| n | 556 | Regardless of who assists us with Managed Payments, the appropriate eBay Payment | n | 791 | Regardless of who assists us with Managed Payments, the appropriate eBay Payment |
| > | Entity remains accountable to you for the performance of the services under the | > | Entity remains | ||
| > | se Payments Terms of Use. | ||||
| 792 | accountable to you for the performance of the services under these Payments Ter | ||||
| > | ms of Use. | ||||
| 557 | 793 | ||||
| n | 558 | In conformity with our User Privacy Notice , we may also share information colle | n | 794 | In conformity with our User |
| > | cted by us pursuant to these Payments Terms of Use with our Affiliates as necess | ||||
| > | ary | ||||
| 559 | to enable your continued use of our Payment Services and the eBay Services. Ple | 795 | Privacy Notice , we may also share information collected by us pursuant to thes | ||
| > | ase view our User Privacy Notice for more information on the collection and proc | > | e Payments Terms | ||
| > | essing of personal data, including details on processing purposes and legal base | ||||
| > | s under applicable data protection laws. | ||||
| 796 | of Use with our Affiliates as necessary | ||||
| 797 | to enable your continued use of our Payment Services and the eBay Services. Ple | ||||
| > | ase view our User | ||||
| 798 | Privacy Notice for more information on the collection and processing of persona | ||||
| > | l data, including | ||||
| 799 | details on processing purposes and legal bases under applicable data protection | ||||
| > | laws. | ||||
| 560 | 800 | ||||
| 561 | #### Data Protection | 801 | #### Data Protection | ||
| 562 | 802 | ||||
| n | 563 | Our performance of Payment Services entails the processing of your buyer’s perso | n | 803 | Our performance of Payment Services entails the processing of your buyer’s perso |
| > | nal data when a sale happens. With respect to such data processing, you, the Res | > | nal data when a | ||
| > | ponsible Payment Entity, and the Payout Entity each act as a separate data contr | ||||
| > | oller/business under applicable | ||||
| 564 | data protection laws. You agree to comply with your obligations as a data contr | 804 | sale happens. With respect to such data processing, you, the Responsible Paymen | ||
| > | oller/business pursuant to all applicable data protection laws to which you are | > | t Entity, and the | ||
| > | subject, and provide us with all reasonable cooperation, information, and assist | ||||
| > | ance as necessary for us to meet our | ||||
| 805 | Payout Entity each act as a separate data controller/business under applicable | ||||
| 806 | data protection laws. You agree to comply with your obligations as a data contr | ||||
| > | oller/business pursuant | ||||
| 807 | to all applicable data protection laws to which you are subject, and provide us | ||||
| > | with all reasonable | ||||
| 808 | cooperation, information, and assistance as necessary for us to meet our | ||||
| 565 | requirements as a data controller/business. | 809 | requirements as a data controller/business. | ||
| 566 | 810 | ||||
| 567 | ### 7. Specific Payment Methods | 811 | ### 7. Specific Payment Methods | ||
| 568 | 812 | ||||
| 569 | #### Specific Payment Methods | 813 | #### Specific Payment Methods | ||
| 570 | 814 | ||||
| n | 571 | On some eBay sites in the EU and UK, buyers can choose " **Specific Payment Meth | n | 815 | On some eBay sites in the EU and UK, buyers can choose " **Specific Payment Meth |
| > | ods** " such as direct debit, payment by invoice, or installment payments. These | > | ods** " | ||
| > | options are offered by eBay’s " **Payment Partners** ". | ||||
| 816 | such as direct debit, payment by invoice, or installment payments. These option | ||||
| > | s are offered by | ||||
| 817 | eBay’s " **Payment | ||||
| 818 | Partners** ". | ||||
| 572 | 819 | ||||
| 573 | When a buyer uses a Specific Payment Method for the purchase ("Sales Contract"): | 820 | When a buyer uses a Specific Payment Method for the purchase ("Sales Contract"): | ||
| 574 | 821 | ||||
| n | 575 | - You agree to sell and assign your purchase claim against the buyer to the Resp | n | 822 | - You agree to sell and assign your purchase claim against the buyer to the Resp |
| > | onsible Payment Entity for that purchase (see Part I, Section 4/International Sa | > | onsible Payment | ||
| > | les). | ||||
| 576 | - The Responsible Payment Entity will then sell and assign the claim to its Acqu | 823 | Entity for that purchase (see Part I, Section 4/International Sales). | ||
| > | irer (e.g., Adyen N.V.), who sells and assigns it on to the Payment Partner who | ||||
| > | will assume the payment default risk as described below, or to the Payment Partn | ||||
| > | er directly. This arrangement is | ||||
| 824 | - The Responsible Payment Entity will then sell and assign the claim to its Acqu | ||||
| > | irer (e.g., Adyen | ||||
| 825 | N.V.), who sells and assigns it on to the Payment Partner who will assume the p | ||||
| > | ayment default risk | ||||
| 826 | as described below, or to the Payment Partner directly. This arrangement is | ||||
| 577 | referred to as a “**Chain Assignment**”. | 827 | referred to as a “**Chain Assignment**”. | ||
| 578 | 828 | ||||
| n | 579 | The buyer pays the Payment Partner, who forwards the funds through the Acquirer | n | 829 | The buyer pays the Payment Partner, who forwards the funds through the Acquirer |
| > | to the Responsible Payment Entity, which settles the payment to you. | > | to the Responsible | ||
| 830 | Payment Entity, which settles the payment to you. | ||||
| 580 | 831 | ||||
| n | 581 | You shall conclude with your buyer the Payment Partners’ terms and conditions fo | n | 832 | You shall conclude with your buyer the Payment |
| > | r the use of the Specific Payment Method, including any applicable privacy notic | ||||
| > | e (“Partner | ||||
| 582 | Terms”). You hereby agree that the respective Partner Terms shall be part of th | 833 | Partners’ terms and conditions for the use of the Specific Payment Method, incl | ||
| > | e Sales Contract where the buyer uses a Specific Payment Method. You authorize e | > | uding any | ||
| > | Bay and its Payment Partners to present those terms to the buyer on your behalf | ||||
| > | at checkout. | ||||
| 834 | applicable privacy notice (“Partner | ||||
| 835 | Terms”). You hereby agree that the respective Partner Terms shall be part of th | ||||
| > | e Sales Contract | ||||
| 836 | where the buyer uses a Specific Payment Method. You authorize eBay and its Paym | ||||
| > | ent Partners to present | ||||
| 837 | those terms to the buyer on your behalf at checkout. | ||||
| 583 | 838 | ||||
| n | 584 | Note: The Payment Partners and Acquirers will not be a party to and do not have | n | 839 | Note: The Payment Partners and Acquirers will not be a party to and do not have |
| > | any contractual obligations to you under these Payments Terms of Use or any agre | > | any contractual | ||
| > | ement between you and eBay, the buyer, or any other third party. | ||||
| 840 | obligations to you under these Payments Terms of Use or any agreement between y | ||||
| > | ou and eBay, the buyer, | ||||
| 841 | or any other third party. | ||||
| 585 | 842 | ||||
| 586 | #### Purchase and Assignment of Seller Receivables | 843 | #### Purchase and Assignment of Seller Receivables | ||
| 587 | 844 | ||||
| n | 588 | When a buyer uses a Specific Payment Method, you agree that the Responsible Paym | n | 845 | When a buyer uses a Specific Payment Method, you agree that the Responsible Paym |
| > | ent Entity purchases your purchase claim against the buyer after the sale is com | > | ent Entity purchases | ||
| > | pleted. | ||||
| 846 | your purchase claim against the buyer after the sale is completed. | ||||
| 589 | 847 | ||||
| 590 | Here’s how it works: | 848 | Here’s how it works: | ||
| 591 | 849 | ||||
| n | 592 | - Each time a sale is made, your purchase claim against the buyer (the "Seller R | n | 850 | - Each time a sale is made, your purchase claim against the buyer (the "Seller R |
| > | eceivable") is automatically offered to the Responsible Payment Entity. | > | eceivable") is | ||
| 851 | automatically offered to the Responsible Payment Entity. | ||||
| 593 | - If accepted, a "Single Purchase Agreement" is formed, and your Seller Receivab | 852 | - If accepted, a "Single Purchase Agreement" is formed, and your Seller Receivab | ||
| > | le becomes a "Purchased Receivable". | > | le becomes a | ||
| 594 | - You hereby assign to the Responsible Payment Entity all current and future Sel | 853 | "Purchased Receivable". | ||
| > | ler Receivables —including the right to collect payment and any related or ancil | ||||
| > | lary rights. These ancillary rights include security interests, transport or def | ||||
| > | iciency insurance claims, | ||||
| 595 | withdrawal or rescission rights, and any claims against third parties with resp | 854 | - You hereby assign to the Responsible Payment Entity all current and future Sel | ||
| > | ect to the relevant Seller Receivable. The Responsible Payment Entity hereby acc | > | ler Receivables | ||
| > | epts the assignment. Upon conclusion of a Single Purchase Agreement, you and the | ||||
| > | Responsible Payment Entity reiterate | ||||
| 596 | the assignment of the relevant receivable identified through the transaction-ID | 855 | —including the right to collect payment and any related or ancillary rights. Th | ||
| > | in the purchase offer whereby the purchase offer constitutes an offer to assign | > | ese ancillary | ||
| > | the relevant receivable from you to the Responsible Payment Entity and the acce | ||||
| > | ptance of purchase offer constitutes an | ||||
| 856 | rights include security interests, transport or deficiency insurance claims, | ||||
| 857 | withdrawal or rescission rights, and any claims against third parties with resp | ||||
| > | ect to the relevant | ||||
| 858 | Seller Receivable. The Responsible Payment Entity hereby accepts the assignment | ||||
| > | . Upon conclusion of | ||||
| 859 | a Single Purchase Agreement, you and the Responsible Payment Entity reiterate | ||||
| 860 | the assignment of the relevant receivable identified through the transaction-ID | ||||
| > | in the purchase | ||||
| 861 | offer whereby the purchase offer constitutes an offer to assign the relevant re | ||||
| > | ceivable from you to | ||||
| 862 | the Responsible Payment Entity and the acceptance of purchase offer constitutes | ||||
| > | an | ||||
| 597 | acceptance of this offer by the Responsible Payment Entity. | 863 | acceptance of this offer by the Responsible Payment Entity. | ||
| 598 | 864 | ||||
| n | 599 | If further confirmation is needed to validate the assignment, you agree to take | n | 865 | If further confirmation is needed to validate the assignment, you agree to take |
| > | any necessary action or sign any documents the Responsible Payment Entity reques | > | any necessary action | ||
| > | ts. | ||||
| 866 | or sign any documents the Responsible Payment Entity requests. | ||||
| 600 | 867 | ||||
| n | 601 | You also irrevocably authorize the Responsible Payment Entity with the power of | n | 868 | You also irrevocably authorize the Responsible Payment Entity with the power of |
| > | sub-delegation to notify the buyer about the assignment and to exercise related | > | sub-delegation to | ||
| > | rights in its own name, including any rights that can't be transferred. | ||||
| 869 | notify the buyer about the assignment and to exercise related rights in its own | ||||
| > | name, including any | ||||
| 870 | rights that can't be transferred. | ||||
| 602 | 871 | ||||
| 603 | #### Collection Risk/Collection | 872 | #### Collection Risk/Collection | ||
| 604 | 873 | ||||
| n | 605 | If the Responsible Payment Entity purchases a Seller Receivable from you (as des | n | 874 | If the Responsible Payment Entity purchases a Seller Receivable from you (as des |
| > | cribed in Section 7), it also assumes the risk of non-payment from the buyer—exc | > | cribed in Section 7), | ||
| > | ept in certain cases described in Section 7 (Defect Receivables). | ||||
| 875 | it also assumes the risk of non-payment from the buyer—except in certain cases | ||||
| > | described in | ||||
| 876 | Section 7 (Defect Receivables). | ||||
| 606 | 877 | ||||
| 607 | This means: | 878 | This means: | ||
| 608 | 879 | ||||
| n | 609 | - Even if a buyer becomes insolvent or payment cannot be collected from the buye | n | 880 | - Even if a buyer becomes insolvent or payment cannot be collected from the buye |
| > | r for other reasons, the Responsible Payment Entity will pay you the purchase pr | > | r for other reasons, | ||
| > | ice for the Purchased Receivable (minus any applicable fees or deductions). | ||||
| 610 | - It is up to the Responsible Payment Entity and our Payment Partners to decide | 881 | the Responsible Payment Entity will pay you the purchase price for the Purchase | ||
| > | whether or how to pursue collection from the buyer. You won’t be involved in tha | > | d Receivable (minus | ||
| > | t process. | ||||
| 882 | any applicable fees or deductions). | ||||
| 883 | - It is up to the Responsible Payment Entity and our Payment Partners to decide | ||||
| > | whether or how to | ||||
| 884 | pursue collection from the buyer. You won’t be involved in that process. | ||||
| 611 | 885 | ||||
| n | 612 | - The financial risks and obligations related to enforcement are borne by the Re | n | 886 | - The financial risks and obligations related to enforcement are borne by the Re |
| > | sponsible Payment entity who passes these along to the Acquirer and then to the | > | sponsible Payment | ||
| > | Payment Partner through the Chain Assignment. | ||||
| 887 | entity who passes these along to the Acquirer and then to the Payment Partner t | ||||
| > | hrough the Chain | ||||
| 888 | Assignment. | ||||
| 613 | 889 | ||||
| 614 | #### Representations and Warranties | 890 | #### Representations and Warranties | ||
| 615 | 891 | ||||
| n | 616 | Each time a Seller Receivable is purchased under a Single Purchase Agreement (ma | n | 892 | Each time a Seller Receivable is purchased under a Single Purchase Agreement (ma |
| > | king it a Purchased Receivable), you make the following representations and warr | > | king it a Purchased | ||
| > | anties to the Responsible Payment Entity: | ||||
| 893 | Receivable), you make the following representations and warranties to the Respo | ||||
| > | nsible Payment Entity: | ||||
| 617 | 894 | ||||
| n | 618 | - The Purchased Receivable is legally valid, validly assigned to the Responsible | n | 895 | - The Purchased Receivable is legally valid, validly assigned to the Responsible |
| > | Payment Entity, and enforceable against the buyer. | > | Payment Entity, and | ||
| 896 | enforceable against the buyer. | ||||
| 619 | - You have full ownership rights to assign and transfer the Purchased Receivable | 897 | - You have full ownership rights to assign and transfer the Purchased Receivable | ||
| > | , and it has not been assigned or transferred to anyone else. | > | , and it has not | ||
| 620 | - You will ship, deliver, or provide the item(s) to the buyer completely, on tim | 898 | been assigned or transferred to anyone else. | ||
| > | e, and as described in the Sales Contract—so the buyer has no valid reason to wi | ||||
| > | thhold payment or seek refunds, set off, claim supplementary performance, reduct | ||||
| > | ion, rescission right, or damage | ||||
| 899 | - You will ship, deliver, or provide the item(s) to the buyer completely, on tim | ||||
| > | e, and as described in | ||||
| 900 | the Sales Contract—so the buyer has no valid reason to withhold payment or seek | ||||
| > | refunds, set | ||||
| 901 | off, claim supplementary performance, reduction, rescission right, or damage | ||||
| 621 | claims. | 902 | claims. | ||
| 622 | 903 | ||||
| n | 623 | These representations are also passed along “back-to-back” to the Acquirer and P | n | 904 | These representations are also passed along “back-to-back” to the Acquirer and P |
| > | ayment Partners through the Chain Assignment process. | > | ayment | ||
| 905 | Partners through the Chain Assignment process. | ||||
| 624 | 906 | ||||
| 625 | #### Assignment of Purchased Receivables back to You/Disputes | 907 | #### Assignment of Purchased Receivables back to You/Disputes | ||
| 626 | 908 | ||||
| n | 627 | In certain cases, a Purchased Receivable may be returned (assigned back) to you. | n | 909 | In certain cases, a Purchased Receivable may be returned (assigned back) to you. |
| > | This happens when the Purchased Receivable becomes a " **Defect Receivable** ", | > | This happens when | ||
| > | including: | ||||
| 910 | the Purchased Receivable becomes a " **Defect Receivable** ", including: | ||||
| 628 | 911 | ||||
| 629 | - The buyer cancels the Sales Contract due to a withdrawal right or a return you | 912 | - The buyer cancels the Sales Contract due to a withdrawal right or a return you | ||
| > | offered. | > | offered. | ||
| n | 630 | - A claim or dispute is filed (such as an eMBG claim) where the buyer objects to | n | 913 | - A claim or dispute is filed (such as an eMBG claim) where the buyer objects to |
| > | the Purchased Receivable, and you don’t provide valid proof of shipment, delive | > | the Purchased | ||
| > | ry, or other required performance. | ||||
| 914 | Receivable, and you don’t provide valid proof of shipment, delivery, or other r | ||||
| > | equired | ||||
| 915 | performance. | ||||
| 631 | - You breach a representation or warranty from Section 7 | 916 | - You breach a representation or warranty from Section 7 | ||
| 632 | 917 | ||||
| n | 633 | or in any other case where you give a refund to a buyer for any Purchased Receiv | n | 918 | or in any other case where you give a refund to a buyer for any Purchased Receiv |
| > | able (“ **Refunded Receivable** ”). | > | able | ||
| 919 | (“ **Refunded Receivable** ”). | ||||
| 634 | 920 | ||||
| n | 635 | In these cases, the Acquirer may return the Defect/Refunded Receivable to the Re | n | 921 | In these cases, the Acquirer may return the Defect/Refunded Receivable to the Re |
| > | sponsible Payment Entity, who may then reassign it to you. | > | sponsible Payment | ||
| 922 | Entity, who may then reassign it to you. | ||||
| 636 | 923 | ||||
| n | 637 | The Responsible Payment Entity hereby assigns all current and future Defect/Refu | n | 924 | The Responsible Payment Entity hereby assigns all current and future Defect/Refu |
| > | nded Receivables to you under the condition that we notify you of the refund to | > | nded Receivables to | ||
| > | the buyer in relation to a Defect or Refund Receivable (the “Reassignment Notice | ||||
| > | ”), and you hereby accept | ||||
| 638 | the assignment of all current and future Defect/Refunded Receivables. You are o | 925 | you under the condition that we notify you of the refund to the buyer in relati | ||
| > | bliged to pay back any purchase price which you have received from the Responsib | > | on to a Defect or | ||
| > | le Payment Entity for the Defect/Refunded Receivable without undue delay after t | ||||
| > | he relevant Re-Assignment Notice was | ||||
| 926 | Refund Receivable (the “Reassignment Notice”), and you hereby accept | ||||
| 927 | the assignment of all current and future Defect/Refunded Receivables. You are o | ||||
| > | bliged to pay back any | ||||
| 928 | purchase price which you have received from the Responsible Payment Entity for | ||||
| > | the Defect/Refunded | ||||
| 929 | Receivable without undue delay after the relevant Re-Assignment Notice was | ||||
| 639 | provided. The Responsible Payment Entity is entitled to set off this claim agai | 930 | provided. The Responsible Payment Entity is entitled to set off this claim agai | ||
| > | nst you with any further payment it is obliged to pay to you. | > | nst you with any | ||
| 931 | further payment it is obliged to pay to you. | ||||
| 640 | 932 | ||||
| 641 | #### Information and Assistance Obligations/General Provisions | 933 | #### Information and Assistance Obligations/General Provisions | ||
| 642 | 934 | ||||
| 643 | You must promptly inform us if: | 935 | You must promptly inform us if: | ||
| 644 | 936 | ||||
| n | 645 | - You become aware that any of your representations or warranties (see Section 7 | n | 937 | - You become aware that any of your representations or warranties (see Section 7 |
| > | ) were incorrect or have been breached. | > | ) were incorrect or | ||
| 646 | - You learn of any issue that could materially impair or jeopardise claiming the | 938 | have been breached. | ||
| > | amount of the Purchased Receivable from the buyer or reduce the chances of the | ||||
| > | buyer paying. | ||||
| 939 | - You learn of any issue that could materially impair or jeopardise claiming the | ||||
| > | amount of the | ||||
| 940 | Purchased Receivable from the buyer or reduce the chances of the buyer paying. | ||||
| 647 | - You learn of any issue that might materially change your solvency. | 941 | - You learn of any issue that might materially change your solvency. | ||
| 648 | 942 | ||||
| 649 | If you accidentally receive a payment directly from a buyer for a Purchased Rece | 943 | If you accidentally receive a payment directly from a buyer for a Purchased Rece | ||
| > | ivable: | > | ivable: | ||
| 650 | 944 | ||||
| n | 651 | - You must reject the payment, refund it to the buyer, and tell them to pay the | n | 945 | - You must reject the payment, refund it to the buyer, and tell them to pay the |
| > | appropriate Payment Partner instead. | > | appropriate Payment | ||
| 946 | Partner instead. | ||||
| 652 | - You must also notify us about the rejected payment. | 947 | - You must also notify us about the rejected payment. | ||
| 653 | 948 | ||||
| n | 654 | Upon request, you must provide any information, records, or documents needed by | n | 949 | Upon request, you must provide any information, records, or documents needed by |
| > | the Responsible Payment Entity, the Acquirer, or the Payment Partner to verify o | > | the Responsible | ||
| > | r enforce the Purchased Receivables. | ||||
| 950 | Payment Entity, the Acquirer, or the Payment Partner to verify or enforce the P | ||||
| > | urchased Receivables. | ||||
| 655 | 951 | ||||
| 656 | ### 8. Collection of Fees and Other Amounts You Owe | 952 | ### 8. Collection of Fees and Other Amounts You Owe | ||
| 657 | 953 | ||||
| n | 658 | You authorize us to collect from you any amounts you owe us, our Affiliates (in | n | 954 | 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 the eMBG Ser | > | particular the Affiliate | ||
| > | vice Provider), or third-party providers (e.g., shipping carriers) who, as separ | ||||
| > | ately authorized by you, provide services | ||||
| 659 | to you in connection with your use of the eBay Services, under these Payments T | 955 | which provides the eBay Services to you or the eMBG Service Provider), or third | ||
| > | erms of Use, the User Agreement , any other service contract, policy, agreement | > | -party providers (e.g., | ||
| > | or as required by law | ||||
| 956 | shipping carriers) who, as separately authorized by you, provide services | ||||
| 957 | to you in connection with your use of the eBay Services, under these Payments T | ||||
| > | erms of Use, the User | ||||
| 958 | Agreement , any other service contract, policy, agreement or as required by law | ||||
| 660 | (referred to as “Owed Amounts”). | 959 | (referred to as “Owed Amounts”). | ||
| 661 | 960 | ||||
| 662 | Owed Amounts typically include the following: | 961 | Owed Amounts typically include the following: | ||
| 663 | 962 | ||||
| 664 | - Fees; | 963 | - Fees; | ||
| n | 665 | - Amounts as described in “Returns and Cancellations; Refunds”, “Disputes” or “F | n | 964 | - Amounts as described in “Returns and Cancellations; Refunds”, “Disputes” or |
| > | ines, Penalties and Losses” in Section 5 above; | ||||
| 965 | “Fines, Penalties and Losses” in Section 5 above; | ||||
| 666 | - Amounts you owe the eMBG Service Provider under the applicable eMBG Policy; | 966 | - Amounts you owe the eMBG Service Provider under the applicable eMBG Policy; | ||
| n | 667 | - Amounts necessary to recover a negative balance on your account regardless of | n | 967 | - Amounts necessary to recover a negative balance on your account regardless of |
| > | the reason for the negative balance. | > | the reason for the | ||
| 968 | negative balance. | ||||
| 668 | - Taxes or other charges related to your use of our or our Affiliates’ services, | 969 | - Taxes or other charges related to your use of our or our Affiliates’ services, | ||
| > | if applicable and required by law; and | > | if applicable | ||
| 970 | and required by law; and | ||||
| 669 | - Amounts we incorrectly settled to you due to a payment processing error or oth | 971 | - Amounts we incorrectly settled to you due to a payment processing error or oth | ||
| > | erwise (see Section 1 above). | > | erwise (see Section 1 | ||
| 972 | above). | ||||
| 670 | 973 | ||||
| n | 671 | For clarity, your authorization permits us to collect amounts which you already | n | 974 | For clarity, your authorization permits us to collect amounts which you already |
| > | owe to us, our Affiliates or third parties as described above. This authorizatio | > | owe to us, our | ||
| > | n does not establish any new claims for payment against you. In some cases, our | ||||
| > | Affiliates may assign a claim against you | ||||
| 975 | Affiliates or third parties as described above. This authorization does not est | ||||
| > | ablish any new claims for | ||||
| 976 | payment against you. In some cases, our Affiliates may assign a claim against y | ||||
| > | ou | ||||
| 672 | for payment of Owed Amounts payable by you to us. | 977 | for payment of Owed Amounts payable by you to us. | ||
| 673 | 978 | ||||
| n | 674 | Collection of the Owed Amounts may be carried out on a one-time, sporadic, or re | n | 979 | Collection of the Owed Amounts may be carried out on a one-time, sporadic, or re |
| > | curring basis by the following means: | > | curring basis by the | ||
| 980 | following means: | ||||
| 675 | 981 | ||||
| n | 676 | - Deducting from your current or future amounts pending settlement to you as ref | n | 982 | - Deducting from your current or future amounts pending settlement to you as ref |
| > | lected in any of your eBay accounts; | > | lected in any of your | ||
| 983 | eBay accounts; | ||||
| 677 | - Charging your Linked Financial Account (and if required, by issuing a direct d | 984 | - Charging your Linked Financial Account (and if required, by issuing a direct d | ||
| > | ebit mandate or other similar authorization); | > | ebit mandate or other | ||
| 985 | similar authorization); | ||||
| 678 | - Charging any other payment method you’ve authorized or stored with us or our A | 986 | - Charging any other payment method you’ve authorized or stored with us or our A | ||
| > | ffiliates (e.g., for seller fees, shipping, or disputes); | > | ffiliates (e.g., | ||
| 679 | - Deducting from your stored value account (if such an account has been issued t | 987 | for seller fees, shipping, or disputes); | ||
| > | o you); | ||||
| 988 | - Deducting from your eBay balance account, stored value account, payment accoun | ||||
| > | t or E-Money account | ||||
| 989 | (as applicable); | ||||
| 680 | - Using a collections agency or other collection methods if the collection by ot | 990 | - Using a collections agency or other collection methods if the collection by ot | ||
| > | her means has been unsuccessful. | > | her means has been | ||
| 991 | unsuccessful. | ||||
| 681 | 992 | ||||
| n | 682 | You authorize us to choose the method of payment among those listed above. We no | n | 993 | You authorize us to choose the method of payment among those listed above. We no |
| > | rmally deduct Owed Amounts from your upcoming disbursements. If you have a store | > | rmally deduct Owed | ||
| > | d value account, we’ll collect payment from those funds first. If your funds are | ||||
| > | insufficient to cover the Owed | ||||
| 683 | Amounts, you owe the remaining amount to us and we’ll charge your Linked Financ | 994 | Amounts from your upcoming disbursements. If you have an eBay balance account, | ||
| > | ial Account or another saved payment method. If you have several payment instrum | > | stored value account, | ||
| > | ents on file, you may indicate a preferred method for collecting Owed Amounts in | ||||
| > | your eBay account. | ||||
| 995 | payment account or E-Money account, we’ll collect payment from those funds firs | ||||
| > | t. If your funds | ||||
| 996 | are insufficient to cover the Owed | ||||
| 997 | Amounts, you owe the remaining amount to us and we’ll charge your Linked Financ | ||||
| > | ial Account or | ||||
| 998 | another saved payment method. If you have several payment instruments on file, | ||||
| > | you may indicate a | ||||
| 999 | preferred method for collecting Owed Amounts in your eBay account. | ||||
| 684 | 1000 | ||||
| n | 685 | You also authorize the Affiliate whom you have entered into the User Agreement w | n | 1001 | You also authorize the Affiliate whom you have entered into the User |
| > | ith for the provision of eBay Services to charge you for any Owed Amounts on our | ||||
| > | behalf from any payment | ||||
| 1002 | Agreement with for the provision of eBay Services to charge you for any Owed Am | ||||
| > | ounts on our behalf | ||||
| 1003 | from any payment | ||||
| 686 | method you may have on file with such Affiliate. | 1004 | method you may have on file with such Affiliate. | ||
| 687 | 1005 | ||||
| n | 688 | If you provide us with a SEPA/BECS direct debit mandate for debiting Owed Amount | n | 1006 | If you provide us with a SEPA/BECS direct debit mandate for debiting Owed Amount |
| > | s from your bank account, any required advance notice will be given to you at le | > | s from your bank | ||
| > | ast three days prior to charging your bank account. At any point prior to you ex | ||||
| > | plicitly cancelling a SEPA/BECS direct | ||||
| 689 | debit mandate we have obtained from you, we may deduct Owed Amounts based on su | 1007 | account, any required advance notice will be given to you at least three days p | ||
| > | ch mandate. Unless you are a consumer in the EU or UK, you waive, to the extent | > | rior to charging your | ||
| > | possible under applicable law, any rights you may have to receive advance notice | ||||
| > | of any particular preauthorized charge. | ||||
| 1008 | bank account. At any point prior to you explicitly cancelling a SEPA/BECS direc | ||||
| > | t | ||||
| 1009 | debit mandate we have obtained from you, we may deduct Owed Amounts based on su | ||||
| > | ch mandate. Unless you | ||||
| 1010 | are a consumer in the EU or UK, you waive, to the extent possible under applica | ||||
| > | ble law, any rights you | ||||
| 1011 | may have to receive advance notice of any particular preauthorized charge. | ||||
| 690 | 1012 | ||||
| n | 691 | If our attempt to recoup an Owed Amount from a payment instrument you have autho | n | 1013 | If our attempt to recoup an Owed Amount from a payment instrument you have autho |
| > | rized us to use fails as a result of your acts or omissions, we may charge you f | > | rized us to use fails | ||
| > | or the failed attempt as set forth on the Fee Page or as applicable in Parts IV | ||||
| > | and V below. | ||||
| 1014 | as a result of your acts or omissions, we may charge you for the failed attempt | ||||
| > | as set forth on the Fee | ||||
| 1015 | Page or as applicable in Parts IV and V below. | ||||
| 692 | 1016 | ||||
| n | 693 | If you are a private seller residing in Switzerland, § 7 of eBay's User Agreemen | n | 1017 | If you are a private seller residing in Switzerland, § 7 of eBay's User Agreemen |
| > | t applies, in particular in relation to compensation for damages resulting from | > | t applies, in | ||
| > | delay and recovery of costs incurred in connection with the assertion of rights. | ||||
| 1018 | particular in relation to compensation for damages resulting from delay and rec | ||||
| > | overy of costs incurred | ||||
| 1019 | in connection with the assertion of rights. | ||||
| 694 | 1020 | ||||
| 695 | ### 9. Amendment | 1021 | ### 9. Amendment | ||
| 696 | 1022 | ||||
| 697 | #### All Sellers (except consumers in Germany) | 1023 | #### All Sellers (except consumers in Germany) | ||
| 698 | 1024 | ||||
| n | 699 | We may amend these Payments Terms of Use by giving you written notice (e.g., via | n | 1025 | We may amend these Payments Terms of Use by giving you written notice (e.g., via |
| > | Seller Hub, eBay Message Center, or our website). We’ll notify you before the c | > | Seller Hub, eBay | ||
| > | hanges take effect, based on your Payout Entity: | ||||
| 1026 | Message Center, or our website). We’ll notify you before the changes take effec | ||||
| > | t, based on your | ||||
| 1027 | Payout Entity: | ||||
| 700 | 1028 | ||||
| 701 | - **eBay Sarl** – at least 2 months in advance | 1029 | - **eBay Sarl** – at least 2 months in advance | ||
| n | 702 | - **eCUK** (if you’re a consumer, micro-enterprise, or charity) – at least 2 mon | n | 1030 | - **eCUK** (if you’re a consumer, micro-enterprise, or charity) – at least |
| > | ths in advance | ||||
| 1031 | 2 months in advance | ||||
| 703 | - **eCA** – at least 30 days in advance | 1032 | - **eCA** – at least 30 days in advance | ||
| 704 | - **All others** – at least 14 days in advance | 1033 | - **All others** – at least 14 days in advance | ||
| 705 | 1034 | ||||
| n | 706 | If you're a consumer outside Germany with eBay Sarl or eCUK as your Payout Entit | n | 1035 | If you're a consumer outside Germany with eBay Sarl or eCUK as your Payout Entit |
| > | y, you are deemed to have consented to changes unless you reject them before the | > | y, you are deemed to | ||
| > | y take effect. For all others, continuing to use Managed Payments after the effe | ||||
| > | ctive date means you accept the changes. | ||||
| 1036 | have consented to changes unless you reject them before they take effect. For a | ||||
| > | ll others, continuing | ||||
| 1037 | to use Managed Payments after the effective date means you accept the changes. | ||||
| 707 | 1038 | ||||
| 708 | #### Consumers in Germany | 1039 | #### Consumers in Germany | ||
| 709 | 1040 | ||||
| n | 710 | If you are a consumer in Germany, we may propose changes to these Payments Terms | n | 1041 | If you are a consumer in Germany, we may propose changes to these Payments Terms |
| > | of Use at any time. We'll notify you in text form (e.g., email and/or via Selle | > | of Use at any time. | ||
| > | r Hub or Message Center) at least 2 months before the changes are expected to ta | ||||
| > | ke effect. | ||||
| 1042 | We'll notify you in text form (e.g., email and/or via Seller Hub or Message Cen | ||||
| > | ter) at least 2 months | ||||
| 1043 | before the changes are expected to take effect. | ||||
| 711 | 1044 | ||||
| 712 | Changes we propose only take effect if you accept them as follows: | 1045 | Changes we propose only take effect if you accept them as follows: | ||
| 713 | 1046 | ||||
| 714 | - Material changes (as defined below): We will request your explicit consent. | 1047 | - Material changes (as defined below): We will request your explicit consent. | ||
| n | 715 | - Non-material changes: You’re deemed to have accepted the proposed changes unle | n | 1048 | - Non-material changes: You’re deemed to have accepted the proposed changes unle |
| > | ss you reject them in text form (e.g., email) before they take effect. In case w | > | ss you reject | ||
| > | e propose non-material changes, we'll inform you about your right to reject, the | ||||
| > | time period, and your termination | ||||
| 1049 | them in text form (e.g., email) before they take effect. In case we propose non | ||||
| > | -material changes, | ||||
| 1050 | we'll inform you about your right to reject, the time period, and your terminat | ||||
| > | ion | ||||
| 716 | right (see subsection below) in the notice with which we propose the changes. | 1051 | right (see subsection below) in the notice with which we propose the changes. | ||
| 717 | 1052 | ||||
| n | 718 | A “material change” is a change of these Payments Terms of Use (especially with | n | 1053 | 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 | > | respect to | ||
| > | or the term and termination) in our favor, which would significantly shift the | ||||
| > | balance between service and | ||||
| 1054 | provisions defining the type and general scope of the agreed services or the te | ||||
| > | rm and termination) in | ||||
| 1055 | our favor, which would significantly shift the balance between service and | ||||
| 719 | remuneration to your disadvantage or would effectively establish an entirely ne | 1056 | remuneration to your disadvantage or would effectively establish an entirely ne | ||
| > | w contract. | > | w contract. | ||
| 720 | 1057 | ||||
| n | 721 | Changes required by law, court rulings, legal orders or due to binding undertaki | n | 1058 | Changes required by law, court rulings, legal orders or due to binding undertaki |
| > | ngs to consumer or competition protection associations or regulators do not cons | > | ngs to consumer or | ||
| > | titute a material change. | ||||
| 1059 | competition protection associations or regulators do not constitute a material | ||||
| > | change. | ||||
| 722 | 1060 | ||||
| 723 | #### Your Right to Terminate in case of amendments (All Sellers) | 1061 | #### Your Right to Terminate in case of amendments (All Sellers) | ||
| 724 | 1062 | ||||
| n | 725 | If you disagree with any proposed changes, you may terminate these Payments Term | n | 1063 | If you disagree with any proposed changes, you may terminate these Payments Term |
| > | s of Use at no cost before the effective date, in line with Section 10 (“Term, T | > | s of Use at no cost | ||
| > | ermination”). The amended Payments Terms of Use will always be posted on the eBa | ||||
| > | y website. | ||||
| 1064 | before the effective date, in line with Section 10 (“Term, Termination”). The a | ||||
| > | mended | ||||
| 1065 | Payments Terms of Use will always be posted on the eBay website. | ||||
| 726 | 1066 | ||||
| 727 | ### 10. Term, Termination | 1067 | ### 10. Term, Termination | ||
| 728 | 1068 | ||||
| 730 | 1070 | ||||
| 731 | #### Our Right to Terminate | 1071 | #### Our Right to Terminate | ||
| 732 | 1072 | ||||
| n | 733 | We may terminate this agreement by giving you written notice via email to your r | n | 1073 | We may terminate this agreement by giving you written notice via email to your r |
| > | egistered email address: | > | egistered email | ||
| 1074 | address: | ||||
| 734 | 1075 | ||||
| 735 | - 14 days in advance; or | 1076 | - 14 days in advance; or | ||
| 736 | - 2 months in advance if your Payout Entity is eBay Sarl; or | 1077 | - 2 months in advance if your Payout Entity is eBay Sarl; or | ||
| n | 737 | - 90 days in advance if your Payout Entity is eCUK and you are a consumer, micro | n | 1078 | - 90 days in advance if your Payout Entity is eCUK and you are a consumer, micro |
| > | enterprise or a charity. | > | enterprise or a | ||
| 1079 | charity. | ||||
| 738 | 1080 | ||||
| 739 | We may also terminate immediately or with less notice if: | 1081 | We may also terminate immediately or with less notice if: | ||
| 740 | 1082 | ||||
| 741 | - We’re required to do so by law or court order. | 1083 | - We’re required to do so by law or court order. | ||
| n | 742 | - A government authority instructs us to do so to comply with anti-money launder | n | 1084 | - A government authority instructs us to do so to comply with anti-money launder |
| > | ing or counter-terrorism financing laws. | > | ing or | ||
| 1085 | counter-terrorism financing laws. | ||||
| 743 | - We have reason to believe you’re engaged in illegal or prohibited activity (e. | 1086 | - We have reason to believe you’re engaged in illegal or prohibited activity (e. | ||
| > | g., fraud, money laundering, sanctions violations). | > | g., fraud, | ||
| 1087 | money laundering, sanctions violations). | ||||
| 744 | - We can’t verify your identity or other required information. | 1088 | - We can’t verify your identity or other required information. | ||
| 745 | - You breach a material obligation or seriously or persistently violate these te | 1089 | - You breach a material obligation or seriously or persistently violate these te | ||
| > | rms. | > | rms. | ||
| 746 | 1090 | ||||
| 747 | #### Your Right to Terminate | 1091 | #### Your Right to Terminate | ||
| 748 | 1092 | ||||
| n | 749 | If your Payout Entity is eBay Sarl or eCUK, you may terminate these Payments Ter | n | 1093 | If your Payout Entity is eBay Sarl or eCUK, you may terminate these Payments Ter |
| > | ms of Use and close your payment account with 1 month’s notice by: | > | ms of Use and close | ||
| 1094 | your payment account with 1 month’s notice by: | ||||
| 750 | 1095 | ||||
| 751 | - Emailing eBay Sarl at payments@ebay.de or eCUK at paymentsinfouk@ebay.com, or | 1096 | - Emailing eBay Sarl at payments@ebay.de or eCUK at paymentsinfouk@ebay.com, or | ||
| 752 | - Contacting Customer Service (via chat or Contact Us form). | 1097 | - Contacting Customer Service (via chat or Contact Us form). | ||
| 753 | 1098 | ||||
| n | 754 | If your Payout Entity is not eBay Sarl or eCUK, you can terminate by closing you | n | 1099 | If your Payout Entity is not eBay Sarl or eCUK, you can terminate by closing you |
| > | r eBay account. If you continue to use Managed Payments afterward, you’ll be dee | > | r eBay account. If | ||
| > | med to have accepted these terms again. | ||||
| 1100 | you continue to use Managed Payments afterward, you’ll be deemed to have accept | ||||
| > | ed these terms | ||||
| 1101 | again. | ||||
| 755 | 1102 | ||||
| 756 | If you terminate your agreement with one eBay Payment Entity, it applies to all | 1103 | If you terminate your agreement with one eBay Payment Entity, it applies to all | ||
| > | others as well. | > | others as well. | ||
| 757 | 1104 | ||||
| 758 | #### Effect of Termination | 1105 | #### Effect of Termination | ||
| 759 | 1106 | ||||
| n | 760 | Using eBay as a seller requires continued registration for Managed Payments. If | n | 1107 | Using eBay as a seller requires continued registration for Managed Payments. If |
| > | you terminate this agreement, you can’t continue selling on eBay and using the o | > | you terminate this | ||
| > | ther eBay Services provided by our Affiliates. Our Affiliates may terminate your | ||||
| > | User Agreement accordingly. | ||||
| 1108 | agreement, you can’t continue selling on eBay and using the other eBay Services | ||||
| > | provided by our | ||||
| 1109 | Affiliates. Our Affiliates may terminate your User Agreement accordingly. | ||||
| 761 | 1110 | ||||
| n | 762 | Termination doesn’t affect obligations or rights that already accrued until term | n | 1111 | Termination doesn’t affect obligations or rights that already accrued until term |
| > | ination. You’re still responsible for any amounts owed to us relating to your ac | > | ination. | ||
| > | tivities prior to termination, and we can collect them as described in these Pay | ||||
| > | ments Terms of Use. | ||||
| 1112 | You’re still responsible for any amounts owed to us relating to your activities | ||||
| > | prior to | ||||
| 1113 | termination, and we can collect them as described in these Payments Terms of Us | ||||
| > | e. | ||||
| 763 | 1114 | ||||
| n | 764 | Any pending transactions will be completed under these Payments Terms of Use, un | n | 1115 | Any pending transactions will be completed under these Payments Terms of Use, un |
| > | less prohibited by law. | > | less prohibited by | ||
| 1116 | law. | ||||
| 765 | 1117 | ||||
| n | 766 | After termination takes effect, you’ll no longer be able to list or sell items o | n | 1118 | After termination takes effect, you’ll no longer be able to list or sell items o |
| > | n eBay Services. | > | n eBay | ||
| 1119 | Services. | ||||
| 767 | 1120 | ||||
| 768 | ### 11. Assignment | 1121 | ### 11. Assignment | ||
| 769 | 1122 | ||||
| n | 770 | We may assign our rights and obligations under these Payments Terms of Use at ou | n | 1123 | We may assign our rights and obligations under these Payments Terms of Use at ou |
| > | r sole discretion. If we do, we’ll notify you. | > | r sole discretion. If | ||
| 1124 | we do, we’ll notify you. | ||||
| 771 | 1125 | ||||
| 772 | ## II. ADDITIONAL TERMS FOR SERVICES PROVIDED BY ECI | 1126 | ## II. ADDITIONAL TERMS FOR SERVICES PROVIDED BY ECI | ||
| 773 | 1127 | ||||
| n | 774 | In addition to the General Payments Terms above, the following provisions apply | n | 1128 | In addition to the General Payments Terms above, the following provisions apply |
| > | with respect to Payment Services provided by eCI. Within this section, “ **we** | > | with respect to Payment | ||
| > | ” or “ **us** ” refers to eCI. | ||||
| 1129 | Services provided by eCI. Within this section, “ **we** ” or “ **us** ” refers | ||||
| > | to | ||||
| 1130 | eCI. | ||||
| 775 | 1131 | ||||
| n | 776 | As between you and eCI, these Payments Terms of Use incorporate by this referenc | n | 1132 | As between you and eCI, these Payments Terms of Use incorporate by this referenc |
| > | e the provisions of the User Agreement and the Spendable Funds Terms to the exte | > | e the provisions of the User | ||
| > | nt applicable to this agreement. In the event of any conflict between the User A | ||||
| > | greement and these | ||||
| 777 | Payments Terms of Use, these Payments Terms of Use will govern. In the event of | 1133 | Agreement to the extent applicable to this agreement. In the event of any confl | ||
| > | any conflict between the Spendable Funds Terms and these Payment Terms of Use, | > | ict between the User | ||
| > | the Spendable Funds Terms will govern. | ||||
| 1134 | Agreement and these Payments Terms of Use, these Payments Terms of Use will gov | ||||
| > | ern. | ||||
| 778 | 1135 | ||||
| 779 | We may change, discontinue, enhance, or modify features of Managed Payments at a | 1136 | We may change, discontinue, enhance, or modify features of Managed Payments at a | ||
| > | ny time. | > | ny time. | ||
| 780 | 1137 | ||||
| 781 | ### 1. Appointment of eCI as Agent | 1138 | ### 1. Appointment of eCI as Agent | ||
| 782 | 1139 | ||||
| n | 783 | **eCI will receive payments on your behalf as your agent. You hereby appoint eCI | n | 1140 | **eCI will receive payments on your behalf as your agent. You hereby appoint eCI |
| > | as your agent for the limited purpose of receiving, holding and settling paymen | > | as your agent for | ||
| > | ts for Managed Payments transactions.** | ||||
| 1141 | the limited purpose of receiving, holding and settling payments for Managed Pay | ||||
| > | ments transactions.** | ||||
| 784 | 1142 | ||||
| n | 785 | A payment received by us from a buyer, on your behalf, satisfies the buyer's obl | n | 1143 | A payment received by us from a buyer, on your behalf, satisfies the buyer's obl |
| > | igation to you in the amount of the payment received, regardless of whether we a | > | igation to you in the | ||
| > | ctually settle such payment to you. In the event that we do not make any such pa | ||||
| > | yment to you as described in these | ||||
| 786 | Payments Terms of Use, you will have recourse against us only and not against t | 1144 | amount of the payment received, regardless of whether we actually settle such p | ||
| > | he buyer, as such payment is deemed to be made by the buyer to you upon receipt | > | ayment to you. In the | ||
| > | by us. To the extent permissible under the rules of any third-party or governmen | ||||
| > | tal body with jurisdiction over us, you | ||||
| 1145 | event that we do not make any such payment to you as described in these | ||||
| 1146 | Payments Terms of Use, you will have recourse against us only and not against t | ||||
| > | he buyer, as such payment | ||||
| 1147 | is deemed to be made by the buyer to you upon receipt by us. To the extent perm | ||||
| > | issible under the rules | ||||
| 1148 | of any third-party or governmental body with jurisdiction over us, you | ||||
| 787 | agree that we are not liable for your acts and omissions and you understand tha | 1149 | agree that we are not liable for your acts and omissions and you understand tha | ||
| > | t we disclaim any such liability. | > | t we disclaim any such | ||
| 1150 | liability. | ||||
| 788 | 1151 | ||||
| 789 | ### 2. Information Returns | 1152 | ### 2. Information Returns | ||
| 790 | 1153 | ||||
| n | 791 | eBay may be required to issue information return(s) to you related to payments m | n | 1154 | eBay may be required to issue information return(s) to you related to payments m |
| > | ade to you during a calendar year, such as IRS Forms 1099. Your acceptance of th | > | ade to you during a | ||
| > | ese Payments Terms of Use and continued use of our Payment Services evidence you | ||||
| > | r agreement to receive any information | ||||
| 792 | return, such as Forms 1099-K or any other Form 1099 required to be issued to yo | 1155 | calendar year, such as IRS Forms 1099. Your acceptance of these Payments Terms | ||
| > | u, electronically. You may access an electronic copy of Forms 1099 by downloadin | > | of Use and continued use | ||
| > | g the form where it is made available to you in Seller Hub . You can choose to r | ||||
| > | eceive paper information returns mailed to you by opting out of paperless-only d | ||||
| > | elivery. The elections will be effective for | ||||
| 793 | current and future years unless you change your election. You will not receive | 1156 | of our Payment Services evidence your agreement to receive any information | ||
| > | any information returns in the mail unless you’ve opted out of electronic delive | ||||
| > | ry by December 31, or we are otherwise required to send a paper copy of your inf | ||||
| > | ormation return by mail. | ||||
| 1157 | return, such as Forms 1099-K or any other Form 1099 required to be issued to yo | ||||
| > | u, electronically. You | ||||
| 1158 | may access an electronic copy of Forms 1099 by downloading the form where it is | ||||
| > | made available to you in Seller | ||||
| 1159 | Hub . You can choose to receive paper information returns mailed to you by opti | ||||
| > | ng out of | ||||
| 1160 | paperless-only delivery. The elections will be effective for | ||||
| 1161 | current and future years unless you change your election. You will not receive | ||||
| > | any information returns | ||||
| 1162 | in the mail unless you’ve opted out of electronic delivery by December 31, or w | ||||
| > | e are otherwise | ||||
| 1163 | required to send a paper copy of your information return by mail. | ||||
| 794 | 1164 | ||||
| 795 | ### 3. Authorization for Collection of Owed Amounts | 1165 | ### 3. Authorization for Collection of Owed Amounts | ||
| 796 | 1166 | ||||
| n | 797 | **You hereby authorize eCI to debit or charge any Owed Amount from your Linked F | n | 1167 | **You hereby authorize eCI to debit or charge any Owed Amount from your Linked F |
| > | inancial Account or any other payment method you have on file with us, including | > | inancial Account | ||
| > | your stored value account (if stored value has been issued to you). Your author | ||||
| > | ization will remain in full force and | ||||
| 798 | effect until the earlier occurrence of: our receipt from you of any written com | 1168 | or any other payment method you have on file with us, including your eBay balan | ||
| > | munication that revokes such authorization, or upon the closure or termination o | > | ce account (if such an | ||
| > | f your eBay account.** | ||||
| 1169 | account has been issued to you). Your authorization will remain in full force a | ||||
| > | nd | ||||
| 1170 | effect until the earlier occurrence of: our receipt from you of any written com | ||||
| > | munication that revokes | ||||
| 1171 | such authorization, or upon the closure or termination of your eBay account.** | ||||
| 799 | 1172 | ||||
| n | 800 | To the extent permitted by law, you hereby irrevocably sell, assign, grant, conv | n | 1173 | To the extent permitted by law, you hereby irrevocably sell, assign, grant, conv |
| > | ey and transfer to eBay and its Affiliates, as applicable, all of your rights, t | > | ey and transfer to eBay | ||
| > | itle, and interests in any and all accounts receivable, payments of money, and g | ||||
| > | eneral intangibles owed in your favor to | ||||
| 801 | satisfy any and all obligations or liabilities you owe to eBay or its applicabl | 1174 | and its Affiliates, as applicable, all of your rights, title, and interests in | ||
| > | e Affiliate in connection with your use of Managed Payments and eBay Services fo | > | any and all accounts | ||
| > | r the sale of goods or services to your Buyers. | ||||
| 1175 | receivable, payments of money, and general intangibles owed in your favor to | ||||
| 1176 | satisfy any and all obligations or liabilities you owe to eBay or its applicabl | ||||
| > | e Affiliate in connection | ||||
| 1177 | with your use of Managed Payments and eBay Services for the sale of goods or se | ||||
| > | rvices to your Buyers. | ||||
| 802 | 1178 | ||||
| n | n | 1179 | ### 4. U.S. eBay balance Enrollment | ||
| 1180 | |||||
| 1181 | Enrollment in and your use of eBay balance in the U.S. is governed by the terms | ||||
| > | and conditions set | ||||
| 1182 | forth in the U.S. Balance Terms, which supplement and are incorporated by refer | ||||
| > | ence into these Payments | ||||
| 1183 | Terms of Use. In the event of any conflict between the U.S. Balance Terms and t | ||||
| > | hese Payments Terms of | ||||
| 1184 | Use, the U.S. Balance Terms will control. | ||||
| 1185 | |||||
| 803 | ### 4. Legal Disputes | 1186 | ### 5. Legal Disputes | ||
| 804 | 1187 | ||||
| n | 805 | **PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUB | n | 1188 | **PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUB |
| > | STANTIAL IMPACT ON HOW CLAIMS YOU AND eCI HAVE AGAINST EACH OTHER ARE RESOLVED.* | > | STANTIAL IMPACT ON | ||
| > | * | ||||
| 1189 | HOW CLAIMS YOU AND eCI HAVE AGAINST EACH OTHER ARE RESOLVED.** | ||||
| 806 | 1190 | ||||
| n | 807 | **You and eCI agree that any claim or dispute at law or equity that has arisen, | n | 1191 | **You and eCI agree that any claim or dispute at law or equity that has arisen, |
| > | or may arise, between you and eCI (or any related third parties) that relates in | > | or may arise, between | ||
| > | any way to or arises out of this or previous versions of these Payments Terms o | ||||
| > | f Use, your use of or access to Managed | ||||
| 1192 | you and eCI (or any related third parties) that relates in any way to or arises | ||||
| > | out of this or | ||||
| 1193 | previous versions of these Payments Terms of Use, your use of or access to Mana | ||||
| > | ged | ||||
| 808 | Payments, or the actions of eCI or its agents, will be resolved in accordance w | 1194 | Payments, or the actions of eCI or its agents, will be resolved in accordance w | ||
| > | ith the provisions set forth in this Legal Disputes Section.** | > | ith the provisions set | ||
| 1195 | forth in this Legal Disputes Section.** | ||||
| 809 | 1196 | ||||
| n | 810 | #### 4.1. Applicable Law | n | 1197 | #### 5.1. Applicable Law |
| 811 | 1198 | ||||
| n | 812 | You agree that, except to the extent inconsistent with or preempted by federal l | n | 1199 | You agree that, except to the extent inconsistent with or preempted by federal l |
| > | aw, the laws of the State of Utah, without regard to principles of conflict of l | > | aw, the laws of the | ||
| > | aws, will govern these Payments Terms of Use and any claim or dispute that has a | ||||
| > | risen or may arise between you and eCI, | ||||
| 1200 | State of Utah, without regard to principles of conflict of laws, will govern th | ||||
| > | ese Payments Terms of | ||||
| 1201 | Use and any claim or dispute that has arisen or may arise between you and eCI, | ||||
| 813 | except as otherwise stated in these Payments Terms of Use. | 1202 | except as otherwise stated in these Payments Terms of Use. | ||
| 814 | 1203 | ||||
| n | 815 | #### 4.2. Agreement to Arbitrate | n | 1204 | #### 5.2. Agreement to Arbitrate |
| 816 | 1205 | ||||
| n | 817 | **You and eCI each agree that any and all disputes or claims that have arisen, o | n | 1206 | **You and eCI each agree that any and all disputes or claims that have arisen, o |
| > | r may arise, between you and eCI (or any related third parties) that relate in a | > | r may arise, | ||
| > | ny way to or arise out of this or previous versions of these Payments Terms of U | ||||
| > | se, your use of or access to Managed | ||||
| 818 | Payments, the actions of eCI or its agents, or any products or services sold, o | 1207 | between you and eCI (or any related third parties) that relate in any way to or | ||
| > | ffered, or purchased through the Services shall be resolved exclusively through | > | arise out of this or | ||
| > | final and binding arbitration, rather than in court. In this Legal Disputes Sect | ||||
| > | ion, the term “related third parties” | ||||
| 819 | includes your and eCI’s respective affiliates, subsidiaries, parent companies, | 1208 | previous versions of these Payments Terms of Use, your use of or access to Mana | ||
| > | predecessors, successors, assigns, as well as your, eCI’s, and these entities’ e | > | ged | ||
| > | mployees and agents. Alternatively, you may assert your claims in small claims c | ||||
| > | ourt, if your claims qualify and so | ||||
| 820 | long as the matter remains in such court and advances only on an individual (no | 1209 | Payments, the actions of eCI or its agents, or any products or services sold, o | ||
| > | n-class, non-representative) basis. The Federal Arbitration Act governs the inte | > | ffered, or purchased | ||
| > | rpretation and enforcement of this Agreement to Arbitrate.** | ||||
| 1210 | through the Services shall be resolved exclusively through final and binding ar | ||||
| > | bitration, rather | ||||
| 1211 | than in court. In this Legal Disputes Section, the term “related third parties” | ||||
| 1212 | includes your and eCI’s respective affiliates, subsidiaries, parent companies, | ||||
| > | predecessors, | ||||
| 1213 | successors, assigns, as well as your, eCI’s, and these entities’ employees and | ||||
| > | agents. | ||||
| 1214 | Alternatively, you may assert your claims in small claims court, if your claims | ||||
| > | qualify and so | ||||
| 1215 | long as the matter remains in such court and advances only on an individual (no | ||||
| > | n-class, | ||||
| 1216 | non-representative) basis. The Federal Arbitration Act governs the interpretati | ||||
| > | on and enforcement of | ||||
| 1217 | this Agreement to Arbitrate.** | ||||
| 821 | 1218 | ||||
| 822 | - Prohibition of Class and Representative Actions and Non-Individualized Relief | 1219 | - Prohibition of Class and Representative Actions and Non-Individualized Relief | ||
| 823 | 1220 | ||||
| n | 824 | **YOU AND eCI AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON A | n | 1221 | **YOU AND eCI AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON A |
| > | N INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS | > | N INDIVIDUAL | ||
| > | , OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOT | ||||
| > | H YOU AND eCI AGREE OTHERWISE, THE | ||||
| 825 | ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS | 1222 | BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESE | ||
| > | , AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, | > | NTATIVE OR | ||
| > | CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR M | ||||
| > | AY AWARD RELIEF (INCLUDING | ||||
| 826 | MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL P | 1223 | PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND eCI AGREE OT | ||
| > | ARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITA | > | HERWISE, THE | ||
| > | TED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER | ||||
| > | USERS. | ||||
| 1224 | ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS | ||||
| > | , AND MAY NOT | ||||
| 1225 | OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PR | ||||
| > | IVATE ATTORNEY | ||||
| 1226 | GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING | ||||
| 1227 | MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL P | ||||
| > | ARTY SEEKING | ||||
| 1228 | RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT | ||||
| > | PARTY'S | ||||
| 1229 | INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. | ||||
| 827 | ** | 1230 | ** | ||
| n | 828 | If a court decides that applicable law precludes enforcement of any of this par | n | 1231 | If a court decides that applicable law precludes enforcement of any of this par |
| > | agraph's limitations as to a particular claim or a particular request for a reme | > | agraph's | ||
| > | dy (such as a request for injunctive relief), then that claim or that remedy req | ||||
| > | uest (and only that claim or that | ||||
| 829 | remedy request) must be severed from the arbitration and may be brought in cour | 1232 | limitations as to a particular claim or a particular request for a remedy (such | ||
| > | t, subject to your and eCI’s right to appeal the court's decision. All other cla | > | as a request for | ||
| > | ims will be arbitrated. | ||||
| 1233 | injunctive relief), then that claim or that remedy request (and only that claim | ||||
| > | or that | ||||
| 1234 | remedy request) must be severed from the arbitration and may be brought in cour | ||||
| > | t, subject to your | ||||
| 1235 | and eCI’s right to appeal the court's decision. All other claims will be arbitr | ||||
| > | ated. | ||||
| 830 | - Arbitration Procedures | 1236 | - Arbitration Procedures | ||
| 831 | 1237 | ||||
| n | 832 | Arbitration is more informal than a lawsuit in court. Arbitration uses a neutra | n | 1238 | Arbitration is more informal than a lawsuit in court. Arbitration uses a neutra |
| > | l arbitrator instead of a judge or jury, and court review of an arbitration awar | > | l arbitrator | ||
| > | d is very limited. However, an arbitrator can award the same damages and relief | ||||
| > | on an individualized basis that a | ||||
| 833 | court can award to an individual. An arbitrator should apply the terms of these | 1239 | instead of a judge or jury, and court review of an arbitration award is very li | ||
| > | Payments Terms of Use as a court would. All issues are for the arbitrator to de | > | mited. However, an | ||
| > | cide, except that issues relating to arbitrability, the scope or enforceability | ||||
| > | of this Agreement to Arbitrate, or | ||||
| 834 | the interpretation of Section 1 of this Agreement to Arbitrate ("**Prohibition | 1240 | arbitrator can award the same damages and relief on an individualized basis tha | ||
| > | of Class and Representative Actions and Non-Individualized Relief**"), shall be | > | t a | ||
| > | for a court of competent jurisdiction to decide. | ||||
| 1241 | court can award to an individual. An arbitrator should apply the terms of these | ||||
| > | Payments Terms of | ||||
| 1242 | Use as a court would. All issues are for the arbitrator to decide, except that | ||||
| > | issues relating to | ||||
| 1243 | arbitrability, the scope or enforceability of this Agreement to Arbitrate, or | ||||
| 1244 | the interpretation of Section 1 of this Agreement to Arbitrate ("**Prohibition | ||||
| > | of Class and | ||||
| 1245 | Representative Actions and Non-Individualized Relief**"), shall be for a court | ||||
| > | of | ||||
| 1246 | competent jurisdiction to decide. | ||||
| 835 | 1247 | ||||
| 836 | 1248 | ||||
| n | 837 | The arbitration will be conducted by the American Arbitration Association ("**A | n | 1249 | The arbitration will be conducted by the American Arbitration Association ("**A |
| > | AA**") under its rules and procedures, including the AAA's Consumer Arbitration | > | AA**") | ||
| > | Rules and the AAA’s Commercial Arbitration Rules (as applicable), as modified by | ||||
| > | this Agreement to | ||||
| 838 | Arbitrate. The AAA's rules are available at www.adr.org. In the event that the | 1250 | under its rules and procedures, including the AAA's Consumer Arbitration Rules | ||
| > | AAA is unavailable to administer the arbitration, another administrator will be | > | and the AAA’s | ||
| > | selected by the parties or the court.A party who intends to seek arbitration | ||||
| 1251 | Commercial Arbitration Rules (as applicable), as modified by this Agreement to | ||||
| 1252 | Arbitrate. The AAA's rules are available at www.adr.org. In the | ||||
| 1253 | event that the AAA is unavailable to administer the arbitration, another admini | ||||
| > | strator will be | ||||
| 1254 | selected by the parties or the court.A party who intends to seek arbitration | ||||
| 1255 | must first send to the other, by certified mail, a valid Notice of Dispute | ||||
| 839 | must first send to the other, by certified mail, a valid Notice of Dispute ("** | 1256 | ("**Notice**"), which may be downloaded at this link: http://p.ebaystatic.com/a | ||
| > | Notice**"), which may be downloaded at this link: http://p.ebaystatic.com/aw/hel | > | w/help/legal/Notice_of_Dispute.pdf. | ||
| > | p/legal/Notice_of_Dispute.pdf. | ||||
| 840 | The Notice to eCI must be sent to eBay Inc., Attn: Litigation Department, Re: N | 1257 | The Notice to eCI must be sent to eBay Inc., Attn: Litigation Department, Re: N | ||
| > | otice of Dispute, 339 W. 13490 S., Ste. 500, Draper, UT 84020. Any such Notice a | > | otice of Dispute, | ||
| > | ddressed to and received by eBay will also be deemed to be received by eCI, if s | ||||
| > | uch Notice regards services offered | ||||
| 841 | by eCI. eCI will send any Notice to you to the physical address we have on file | 1258 | 339 W. 13490 S., Ste. 500, Draper, UT 84020. Any such Notice addressed to and r | ||
| > | associated with your eBay account; it is your responsibility to keep your physi | > | eceived by eBay | ||
| > | cal address up to date. To be valid, you must personally sign the Notice and com | ||||
| > | plete all information on the Notice | ||||
| 842 | form, including a description of the nature and basis of the claims the party i | 1259 | will also be deemed to be received by eCI, if such Notice regards services offe | ||
| > | s asserting, the specific relief sought, and the email address and phone number | > | red | ||
| > | associated with your account. | ||||
| 1260 | by eCI. eCI will send any Notice to you to the physical address we have on file | ||||
| > | associated with | ||||
| 1261 | your eBay account; it is your responsibility to keep your physical address up t | ||||
| > | o date. To be | ||||
| 1262 | valid, you must personally sign the Notice and complete all information on the | ||||
| > | Notice | ||||
| 1263 | form, including a description of the nature and basis of the claims the party i | ||||
| > | s asserting, the | ||||
| 1264 | specific relief sought, and the email address and phone number associated with | ||||
| > | your account. | ||||
| 843 | 1265 | ||||
| 844 | 1266 | ||||
| n | 845 | If you and eCI are unable to resolve the claims described in a valid Notice wit | n | 1267 | If you and eCI are unable to resolve the claims described in a valid Notice wit |
| > | hin 30 days after eCI receives the Notice, you or eCI may initiate arbitration p | > | hin 30 days after | ||
| > | roceedings. A form for initiating arbitration proceedings is available on the AA | ||||
| > | A's site at www.adr.org. In addition | ||||
| 846 | to filing this form with the AAA in accordance with its rules and procedures, t | 1268 | eCI receives the Notice, you or eCI may initiate arbitration proceedings. A for | ||
| > | he party initiating the arbitration must mail a copy of the completed form to th | > | m for initiating | ||
| > | e opposing party. You may send a copy to eCI at the following address: eBay Comm | ||||
| > | erce Inc. c/o CT Corporation System, | ||||
| 847 | 1108 E South Union Ave., Midvale, UT 84047. In the event eCI initiates an arbit | 1269 | arbitration proceedings is available on the AAA's site at www.adr.org. In addit | ||
| > | ration against you, it will send a copy of the completed form to the physical ad | > | ion | ||
| > | dress we have on file associated with your eBay account. Any settlement offer ma | ||||
| > | de by you or eCI shall not be | ||||
| 848 | disclosed to the arbitrator.Where no disclosed claims or counterclaims exceed $ | 1270 | to filing this form with the AAA in accordance with its rules and procedures, t | ||
| > | 25,000, the dispute shall be resolved by the submission of documents only, subje | > | he party initiating | ||
| > | ct to the arbitrator's discretion to require an in-person hearing, if the circum | ||||
| > | stances warrant. | ||||
| 1271 | the arbitration must mail a copy of the completed form to the opposing party. Y | ||||
| > | ou may send a copy | ||||
| 1272 | to eCI at the following address: eBay Commerce Inc. c/o CT Corporation System, | ||||
| 1273 | 1108 E South Union Ave., Midvale, UT 84047. In the event eCI initiates an arbit | ||||
| > | ration against you, | ||||
| 1274 | it will send a copy of the completed form to the physical address we have on fi | ||||
| > | le associated with | ||||
| 1275 | your eBay account. Any settlement offer made by you or eCI shall not be | ||||
| 1276 | disclosed to the arbitrator.Where no disclosed claims or counterclaims exceed $ | ||||
| > | 25,000, the | ||||
| 1277 | dispute shall be resolved by the submission of documents only, subject to the a | ||||
| > | rbitrator's | ||||
| 1278 | discretion to require an in-person hearing, if the circumstances warrant. | ||||
| 849 | 1279 | ||||
| n | 850 | In cases where an in-person hearing is held, you and/or eCI may attend by teleph | n | 1280 | In cases where an in-person hearing is held, you and/or eCI may attend by teleph |
| > | one, unless the arbitrator requires otherwise. | > | one, unless the | ||
| 1281 | arbitrator requires otherwise. | ||||
| 851 | 1282 | ||||
| n | 852 | The arbitrator will decide the substance of all claims in accordance with appli | n | 1283 | The arbitrator will decide the substance of all claims in accordance with appli |
| > | cable law, including recognized principles of equity, and will honor all claims | > | cable law, | ||
| > | of privilege recognized by law. The arbitrator shall not be bound by rulings in | ||||
| > | prior arbitrations involving | ||||
| 853 | different users, but is bound by rulings in prior arbitrations involving the sa | 1284 | including recognized principles of equity, and will honor all claims of privile | ||
| > | me eCI user to the extent required by applicable law. The arbitrator's award sha | > | ge recognized by | ||
| > | ll be final and binding and judgment on the award rendered by the arbitrator may | ||||
| > | be entered in any court having | ||||
| 1285 | law. The arbitrator shall not be bound by rulings in prior arbitrations involvi | ||||
| > | ng | ||||
| 1286 | different users, but is bound by rulings in prior arbitrations involving the sa | ||||
| > | me eCI user to the | ||||
| 1287 | extent required by applicable law. The arbitrator's award shall be final and bi | ||||
| > | nding and judgment | ||||
| 1288 | on the award rendered by the arbitrator may be entered in any court having | ||||
| 854 | jurisdiction thereof. | 1289 | jurisdiction thereof. | ||
| 855 | - Costs of Arbitration | 1290 | - Costs of Arbitration | ||
| 856 | 1291 | ||||
| n | 857 | Payment of all filing, administration and arbitrator fees will be governed by t | n | 1292 | Payment of all filing, administration and arbitrator fees will be governed by t |
| > | he AAA's rules, unless otherwise stated in this Agreement to Arbitrate. If you c | > | he AAA's rules, | ||
| > | omplied with the Notice of Dispute procedures of Section 2 of this Agreement to | ||||
| > | Arbitrate (“Arbitration Procedures”) | ||||
| 858 | and the value of the relief sought is $10,000 or less, at your request, eCI wil | 1293 | unless otherwise stated in this Agreement to Arbitrate. If you complied with th | ||
| > | l pay all administration, and arbitrator fees associated with the arbitration. A | > | e Notice of Dispute | ||
| > | ny request for payment of fees by eCI should be submitted by mail to the AAA alo | ||||
| > | ng with your Demand for Arbitration | ||||
| 859 | and eCI will make arrangements to pay administration and arbitrator fees direct | 1294 | procedures of Section 2 of this Agreement to Arbitrate (“Arbitration Procedures | ||
| > | ly to the AAA. In the event the arbitrator determines the claim(s) you assert in | > | ”) | ||
| > | the arbitration to be frivolous, you agree to reimburse eCI for all fees associ | ||||
| > | ated with the arbitration paid by eCI | ||||
| 860 | on your behalf that you otherwise would be obligated to pay under the AAA's rul | 1295 | and the value of the relief sought is $10,000 or less, at your request, eCI wil | ||
| > | es. eCI will pay as much of the filing, administration, and arbitrator fees as t | > | l pay all | ||
| > | he arbitrator deems necessary to prevent the cost of accessing the arbitration f | ||||
| > | orum from being prohibitive. | ||||
| 1296 | administration, and arbitrator fees associated with the arbitration. Any reques | ||||
| > | t for payment of | ||||
| 1297 | fees by eCI should be submitted by mail to the AAA along with your Demand for A | ||||
| > | rbitration | ||||
| 1298 | and eCI will make arrangements to pay administration and arbitrator fees direct | ||||
| > | ly to the AAA. In | ||||
| 1299 | the event the arbitrator determines the claim(s) you assert in the arbitration | ||||
| > | to be frivolous, | ||||
| 1300 | you agree to reimburse eCI for all fees associated with the arbitration paid by | ||||
| > | eCI | ||||
| 1301 | on your behalf that you otherwise would be obligated to pay under the AAA's rul | ||||
| > | es. eCI will pay as | ||||
| 1302 | much of the filing, administration, and arbitrator fees as the arbitrator deems | ||||
| > | necessary to | ||||
| 1303 | prevent the cost of accessing the arbitration forum from being prohibitive. | ||||
| 861 | - Severability | 1304 | - Severability | ||
| 862 | 1305 | ||||
| n | 863 | With the exception of any of the provisions in Section 1 of this Agreement to A | n | 1306 | With the exception of any of the provisions in Section 1 of this Agreement to A |
| > | rbitrate ("Prohibition of Class and Representative Actions and Non-Individualize | > | rbitrate | ||
| > | d Relief"), if an arbitrator or court decides that any part of this Agreement to | ||||
| > | Arbitrate is invalid or | ||||
| 1307 | ("Prohibition of Class and Representative Actions and Non-Individualized Relief | ||||
| > | "), if an | ||||
| 1308 | arbitrator or court decides that any part of this Agreement to Arbitrate is inv | ||||
| > | alid or | ||||
| 864 | unenforceable, the other parts of this Agreement to Arbitrate shall still apply | 1309 | unenforceable, the other parts of this Agreement to Arbitrate shall still apply | ||
| > | . | > | . | ||
| 865 | - Opt-Out Procedure | 1310 | - Opt-Out Procedure | ||
| 866 | 1311 | ||||
| n | 867 | **IF YOU ARE A NEW USER OF OUR PAYMENT SERVICES, YOU CAN CHOOSE TO REJECT THIS A | n | 1312 | **IF YOU ARE A NEW USER OF OUR PAYMENT SERVICES, YOU CAN CHOOSE TO REJECT THIS A |
| > | GREEMENT TO ARBITRATE ("OPT-OUT") BY MAILING US A WRITTEN OPT-OUT NOTICE ("OPT-O | > | GREEMENT TO | ||
| > | UT NOTICE"). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER T | ||||
| > | HE DATE YOU ACCEPT THESE PAYMENTS | ||||
| 868 | TERMS OF USE FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO EBAY INC., | 1313 | ARBITRATE ("OPT-OUT") BY MAILING US A WRITTEN OPT-OUT NOTICE ("OPT-OUT NOTICE") | ||
| > | ATTN: LITIGATION DEPARTMENT, RE: OPT-OUT NOTICE, 339 W. 13490 S., STE. 500, DRA | > | . THE OPT-OUT | ||
| > | PER, UT 84020. ANY SUCH OPT-OUT NOTICE ADDRESSED TO AND RECEIVED BY EBAY WILL AL | ||||
| > | SO BE DEEMED TO BE RECEIVED BY eCI, | ||||
| 1314 | NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THESE | ||||
| > | PAYMENTS | ||||
| 1315 | TERMS OF USE FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO EBAY INC., | ||||
| > | ATTN: LITIGATION | ||||
| 1316 | DEPARTMENT, RE: OPT-OUT NOTICE, 339 W. 13490 S., STE. 500, DRAPER, UT 84020. AN | ||||
| > | Y SUCH OPT-OUT | ||||
| 1317 | NOTICE ADDRESSED TO AND RECEIVED BY EBAY WILL ALSO BE DEEMED TO BE RECEIVED BY | ||||
| > | eCI, | ||||
| 869 | IF SUCH OPT-OUT NOTICE REGARDS SERVICES OFFERED BY eCI.** | 1318 | IF SUCH OPT-OUT NOTICE REGARDS SERVICES OFFERED BY eCI.** | ||
| 870 | 1319 | ||||
| 871 | 1320 | ||||
| n | 872 | For your convenience, we are providing an Opt-Out Notice form. You must complet | n | 1321 | For your convenience, we are providing an Opt-Out Notice form. You must |
| > | e and mail that to us in order to opt out of the Agreement to Arbitrate. You mus | ||||
| > | t complete the Opt-Out Notice form by providing | ||||
| 873 | the information called for in the form, including your name, address (including | 1322 | complete and mail that to us in order to opt out of the Agreement to Arbitrate. | ||
| > | street address, city, state and zip code), and the user ID(s) and email address | > | You must complete | ||
| > | (es) associated with the eBay Service account(s) to which the opt-out applies. Y | ||||
| > | ou must sign the Opt-Out Notice for | ||||
| 874 | it to be effective. This procedure is the only way you can opt out of the Agree | 1323 | the Opt-Out Notice form by providing | ||
| > | ment to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts | ||||
| > | of these Payments Terms of Use and its Legal Disputes Section will continue to | ||||
| > | apply to you. Opting out of this | ||||
| 1324 | the information called for in the form, including your name, address (including | ||||
| > | street address, | ||||
| 1325 | city, state and zip code), and the user ID(s) and email address(es) associated | ||||
| > | with the eBay | ||||
| 1326 | Service account(s) to which the opt-out applies. You must sign the Opt-Out Noti | ||||
| > | ce for | ||||
| 1327 | it to be effective. This procedure is the only way you can opt out of the Agree | ||||
| > | ment to Arbitrate. | ||||
| 1328 | If you opt out of the Agreement to Arbitrate, all other parts of these Payments | ||||
| > | Terms of Use and | ||||
| 1329 | its Legal Disputes Section will continue to apply to you. Opting out of this | ||||
| 875 | Agreement to Arbitrate has no effect on any previous, other, or future arbitrat | 1330 | Agreement to Arbitrate has no effect on any previous, other, or future arbitrat | ||
| > | ion agreements that you may have with us. | > | ion agreements that | ||
| 1331 | you may have with us. | ||||
| 876 | - Future Amendments to the Agreement to Arbitrate | 1332 | - Future Amendments to the Agreement to Arbitrate | ||
| 877 | 1333 | ||||
| n | 878 | Notwithstanding any provision in the User Agreement or these Payments Terms of | n | 1334 | Notwithstanding any provision in the User Agreement or these Payments Terms of |
| > | Use to the contrary, you and we agree that if we make any amendment to this Agre | > | Use to the | ||
| > | ement to Arbitrate (other than an amendment to any notice address or site link p | ||||
| > | rovided herein) in the future, that | ||||
| 879 | amendment shall not apply to any claim that was filed in a legal proceeding aga | 1335 | contrary, you and we agree that if we make any amendment to this Agreement to A | ||
| > | inst eCI prior to the effective date of the amendment. The amendment shall apply | > | rbitrate (other | ||
| > | to all other disputes or claims governed by the Agreement to Arbitrate that hav | ||||
| > | e arisen or may arise between you and | ||||
| 880 | eCI. We will notify you of amendments to this Agreement to Arbitrate by posting | 1336 | than an amendment to any notice address or site link provided herein) in the fu | ||
| > | the amended terms on www.eBay.com at least 30 days before the effective date of | > | ture, that | ||
| > | the amendments and by providing notice through the eBay Message Center and/or b | ||||
| > | y email. If you do not agree to these | ||||
| 1337 | amendment shall not apply to any claim that was filed in a legal proceeding aga | ||||
| > | inst eCI prior to | ||||
| 1338 | the effective date of the amendment. The amendment shall apply to all other dis | ||||
| > | putes or claims | ||||
| 1339 | governed by the Agreement to Arbitrate that have arisen or may arise between yo | ||||
| > | u and | ||||
| 1340 | eCI. We will notify you of amendments to this Agreement to Arbitrate by posting | ||||
| > | the amended terms | ||||
| 1341 | on www.eBay.com at least 30 days before the effective date of the amendments an | ||||
| > | d by providing | ||||
| 1342 | notice through the eBay Message Center and/or by email. If you do not agree to | ||||
| > | these | ||||
| 881 | amended terms, you may close your account within the 30-day period and you will | 1343 | amended terms, you may close your account within the 30-day period and you will | ||
| > | not be bound by the amended terms. | > | not be bound by | ||
| 1344 | the amended terms. | ||||
| 882 | 1345 | ||||
| n | 883 | #### 4.3. Judicial Forum for Legal Disputes | n | 1346 | #### 5.3. Judicial Forum for Legal Disputes |
| 884 | 1347 | ||||
| n | 885 | Unless you and we agree otherwise, in the event that the Agreement to Arbitrate | n | 1348 | Unless you and we agree otherwise, in the event that the Agreement to Arbitrate |
| > | above is found not to apply to you or to a particular claim or dispute, either a | > | above is found not to | ||
| > | s a result of your decision to opt out of the Agreement to Arbitrate or as a res | ||||
| > | ult of a decision by the arbitrator or a | ||||
| 886 | court order, you agree that any claim or dispute that has arisen or may arise b | 1349 | apply to you or to a particular claim or dispute, either as a result of your de | ||
| > | etween you and eCI must be resolved exclusively by a state or federal court loca | > | cision to opt out of | ||
| > | ted in Salt Lake County, Utah. You and eCI agree to submit to the personal juris | ||||
| > | diction of the courts located within Salt | ||||
| 1350 | the Agreement to Arbitrate or as a result of a decision by the arbitrator or a | ||||
| 1351 | court order, you agree that any claim or dispute that has arisen or may arise b | ||||
| > | etween you and eCI must | ||||
| 1352 | be resolved exclusively by a state or federal court located in Salt Lake County | ||||
| > | , Utah. You and eCI | ||||
| 1353 | agree to submit to the personal jurisdiction of the courts located within Salt | ||||
| 887 | Lake County, Utah for the purpose of litigating all such claims or disputes. | 1354 | Lake County, Utah for the purpose of litigating all such claims or disputes. | ||
| 888 | 1355 | ||||
| 889 | ## III. ADDITIONAL TERMS FOR SERVICES PROVIDED BY EBAY SARL | 1356 | ## III. ADDITIONAL TERMS FOR SERVICES PROVIDED BY EBAY SARL | ||
| 890 | 1357 | ||||
| n | 891 | In addition to the General Payments Terms above, the following provisions apply | n | 1358 | In addition to the General Payments Terms above, the following provisions apply |
| > | with respect to Payment Services you receive from eBay Sarl. Within this section | > | with respect to Payment | ||
| > | , “ **we** ” or “ **us** ” refers to eBay Sarl. | ||||
| 1359 | Services you receive from eBay Sarl. Within this section, “ **we** ” or | ||||
| 1360 | “ **us** ” refers to eBay Sarl. | ||||
| 892 | 1361 | ||||
| n | 893 | As between you and eBay Sarl, these Payments Terms of Use incorporate by this re | n | 1362 | As between you and eBay Sarl, these Payments Terms of Use incorporate by this re |
| > | ference the provisions of the User Agreement to the extent applicable to this ag | > | ference the provisions of | ||
| > | reement. In the event of | ||||
| 1363 | the User | ||||
| 1364 | Agreement to the extent applicable to this agreement. In the event of | ||||
| 1365 | any conflict between the User | ||||
| 894 | any conflict between the User Agreement and these Payments Terms of Use, these | 1366 | Agreement and these Payments Terms of Use, these Payments Terms of Use will gov | ||
| > | Payments Terms of Use will govern. | > | ern. | ||
| 895 | 1367 | ||||
| 896 | Expand Part III | 1368 | Expand Part III | ||
| 897 | ### 1. Payment Service; Disabling Payment Methods | 1369 | ### 1. Payment Service; Disabling Payment Methods | ||
| 898 | 1370 | ||||
| n | 899 | You authorize eBay Sarl to acquire and settle payments that it receives on your | n | 1371 | You authorize eBay Sarl to acquire and settle payments that it receives on your |
| > | behalf. When you sell an item on eBay, you are deemed to be a payee, with eBay S | > | behalf. When you | ||
| > | arl acting as your payment service provider. In a refund, chargeback, or similar | ||||
| > | scenario, or if you use your funds to | ||||
| 900 | pay, you may be deemed to be a payer, again with eBay Sarl acting as your payme | 1372 | sell an item on eBay, you are deemed to be a payee, with eBay Sarl acting as yo | ||
| > | nt service provider. If eBay Sarl is your Payout Entity, eBay Sarl will open and | > | ur payment service | ||
| > | hold a payment account for you. | ||||
| 1373 | provider. In a refund, chargeback, or similar scenario, or if you use your fund | ||||
| > | s to | ||||
| 1374 | pay, you may be deemed to be a payer, again with eBay Sarl acting as your payme | ||||
| > | nt service provider. | ||||
| 1375 | If eBay Sarl is your Payout Entity, eBay Sarl will open and hold a payment acco | ||||
| > | unt for you. | ||||
| 901 | 1376 | ||||
| n | 902 | The acceptance of a buyer’s payment instrument (for example, their Visa card), o | n | 1377 | The acceptance of a buyer’s payment instrument (for example, their Visa card), o |
| > | nce it has been authorized for payment, satisfies the buyer’s payment obligation | > | nce it has been | ||
| > | to you, regardless of whether we actually settle such payment to you. In the ev | ||||
| > | ent that we do not make any such | ||||
| 903 | payment to you as described in these Payments Terms of Use, you will have recou | 1378 | authorized for payment, satisfies the buyer’s payment obligation to you, regard | ||
| > | rse against us only and not against the buyer. To the extent permissible under t | > | less of whether we | ||
| > | he rules of any third-party or governmental body with jurisdiction over us, you | ||||
| > | agree that we are not liable for your | ||||
| 1379 | actually settle such payment to you. In the event that we do not make any such | ||||
| 1380 | payment to you as described in these Payments Terms of Use, you will have recou | ||||
| > | rse against us only | ||||
| 1381 | and not against the buyer. To the extent permissible under the rules of any thi | ||||
| > | rd-party or | ||||
| 1382 | governmental body with jurisdiction over us, you agree that we are not liable f | ||||
| > | or your | ||||
| 904 | acts and omissions and you understand that we disclaim any such liability. | 1383 | acts and omissions and you understand that we disclaim any such liability. | ||
| 905 | 1384 | ||||
| n | 906 | We may disable specific payment method(s) available to buyers for all or some of | n | 1385 | 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 | > | your listings if we | ||
| > | transactions will increase regulatory, financial, or other risk to us. For exam | ||||
| > | ple, if you would like to offer a | ||||
| 907 | high-priced item with a new eBay account, we may disable such payment methods w | 1386 | reasonably believe the use of such payment methods for your transactions will i | ||
| > | here the amount is credited with a time delay after the transaction (e.g. direct | > | ncrease regulatory, | ||
| > | debit or payment upon invoice). In assessing the risk, we consider relevant fac | ||||
| > | tors such as your sales history, | ||||
| 908 | service status, eBay account history, risks associated with certain item catego | 1387 | financial, or other risk to us. For example, if you would like to offer a | ||
| > | ries, 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 long | ||||
| > | er exists. | ||||
| 1388 | high-priced item with a new eBay account, we may disable such payment methods w | ||||
| > | here the amount is | ||||
| 1389 | credited with a time delay after the transaction (e.g. direct debit or payment | ||||
| > | upon invoice). In | ||||
| 1390 | assessing the risk, we consider relevant factors such as your sales history, | ||||
| 1391 | service status, eBay account history, risks associated with certain item catego | ||||
| > | ries, transaction | ||||
| 1392 | value, and number and monetary amounts of eMBG cases. We will re-enable the aff | ||||
| > | ected payment | ||||
| 1393 | method(s) for your listings once the risk no longer exists. | ||||
| 909 | 1394 | ||||
| 910 | ### 2. Execution of Payment Transactions | 1395 | ### 2. Execution of Payment Transactions | ||
| 911 | 1396 | ||||
| n | 912 | When you, as a payee or payer, use Managed Payments, the payment transactions wi | n | 1397 | When you, as a payee or payer, use Managed Payments, the payment transactions wi |
| > | ll be executed in accordance with the payment schemes rules and procedures, or a | > | ll be executed in | ||
| > | s otherwise agreed. | ||||
| 1398 | accordance with the payment schemes rules and procedures, or as otherwise agree | ||||
| > | d. | ||||
| 913 | 1399 | ||||
| 914 | #### Required Information | 1400 | #### Required Information | ||
| 915 | 1401 | ||||
| n | 916 | Your payer (for example, the buyer of an item you sell on eBay) must ensure we a | n | 1402 | Your payer (for example, the buyer of an item you sell on eBay) must ensure we a |
| > | re provided with the data required for us to execute the payment transaction. If | > | re provided with | ||
| > | we do not have sufficient data to execute such transaction, we reserve the righ | ||||
| > | t to ask your payer’s payment | ||||
| 1403 | the data required for us to execute the payment transaction. If we do not have | ||||
| > | sufficient data to | ||||
| 1404 | execute such transaction, we reserve the right to ask your payer’s payment | ||||
| 917 | service provider for the required information. | 1405 | service provider for the required information. | ||
| 918 | 1406 | ||||
| 919 | We require the following information for the execution of a payment transaction: | 1407 | We require the following information for the execution of a payment transaction: | ||
| 921 | - Your name, | 1409 | - Your name, | ||
| 922 | - Your eBay username, | 1410 | - Your eBay username, | ||
| 923 | - The buyer’s name (where applicable), | 1411 | - The buyer’s name (where applicable), | ||
| n | 924 | - The buyer’s eBay username, and any other data about the buyer which the buyer’ | n | 1412 | - The buyer’s eBay username, and any other data about the buyer which the buyer’ |
| > | s payment service provider or we may require (where applicable), | > | s | ||
| 1413 | payment service provider or we may require (where applicable), | ||||
| 925 | - The currency of the payment transaction (if possible, in abbreviated form), | 1414 | - The currency of the payment transaction (if possible, in abbreviated form), | ||
| 926 | - The amount of the payment transaction, and | 1415 | - The amount of the payment transaction, and | ||
| 927 | - The beneficiary’s payment details. | 1416 | - The beneficiary’s payment details. | ||
| 928 | 1417 | ||||
| n | 929 | We may also require specific information, such as a one-time authorization code | n | 1418 | We may also require specific information, such as a one-time authorization code |
| > | sent to your verified phone number or email address, to authenticate a payment t | > | sent to your | ||
| > | ransaction (or to allow you to access certain information related to Managed Pay | ||||
| > | ments on eBay). | ||||
| 1419 | verified phone number or email address, to authenticate a payment transaction ( | ||||
| > | or to allow you to | ||||
| 1420 | access certain information related to Managed Payments on eBay). | ||||
| 930 | 1421 | ||||
| n | 931 | To the extent reasonably possible, we will automatically utilize the information | n | 1422 | To the extent reasonably possible, we will automatically utilize the information |
| > | stored in our systems. Where the required information provided by you or your p | > | stored in our | ||
| > | ayer is not fully available or is inaccurate, we will not bear any liability for | ||||
| > | any damage, delay, or other | ||||
| 1423 | systems. Where the required information provided by you or your payer is not fu | ||||
| > | lly available or is | ||||
| 1424 | inaccurate, we will not bear any liability for any damage, delay, or other | ||||
| 932 | consequence from the non-execution or defective execution of the relevant payme | 1425 | consequence from the non-execution or defective execution of the relevant payme | ||
| > | nt transaction. | > | nt transaction. | ||
| 933 | 1426 | ||||
| 934 | #### Receipt of Payment Orders | 1427 | #### Receipt of Payment Orders | ||
| 936 | A payment order will be deemed to have been received by us if: | 1429 | A payment order will be deemed to have been received by us if: | ||
| 937 | 1430 | ||||
| 938 | - Carried out by means of a payment card, then in accordance with the card schem | 1431 | - Carried out by means of a payment card, then in accordance with the card schem | ||
| > | es rules; or | > | es rules; or | ||
| n | 939 | - Received by our available electronic communication channels, then on the busin | n | 1432 | - Received by our available electronic communication channels, then on the busin |
| > | ess day when it is actually received by us. | > | ess day when it | ||
| 1433 | is actually received by us. | ||||
| 940 | 1434 | ||||
| n | 941 | If the payment order is not received on a business day, it will be deemed to be | n | 1435 | If the payment order is not received on a business day, it will be deemed to be |
| > | received on the next business day. “Business days” in this Part III of these Pay | > | received on the | ||
| > | ments Terms of Use shall mean the days on which banks in Luxembourg are open for | ||||
| > | regular business. | ||||
| 1436 | next business day. “Business days” in this Part III of these Payments Terms of | ||||
| > | Use | ||||
| 1437 | shall mean the days on which banks in Luxembourg are open for regular business. | ||||
| 942 | 1438 | ||||
| n | 943 | You may not revoke a payment order after we have received it. However, if we hav | n | 1439 | You may not revoke a payment order after we have received it. However, if we hav |
| > | e agreed that a payment order will be executed on a certain future date, the bus | > | e agreed that a | ||
| > | iness day prior to this future date will be the latest you can revoke the paymen | ||||
| > | t order. | ||||
| 1440 | payment order will be executed on a certain future date, the business day prior | ||||
| > | to this future | ||||
| 1441 | date will be the latest you can revoke the payment order. | ||||
| 944 | 1442 | ||||
| 945 | #### Refusal of Payment Orders | 1443 | #### Refusal of Payment Orders | ||
| 946 | 1444 | ||||
| 947 | We reserve the right to refuse the execution of a payment order when: | 1445 | We reserve the right to refuse the execution of a payment order when: | ||
| 948 | 1446 | ||||
| 949 | - The payment order information contains factual errors and/or is incomplete; | 1447 | - The payment order information contains factual errors and/or is incomplete; | ||
| n | 950 | - You have not satisfied your obligations under these Payments Terms of Use or a | n | 1448 | - You have not satisfied your obligations under these Payments Terms of Use or a |
| > | ny other agreement between you and us; | > | ny other | ||
| 1449 | agreement between you and us; | ||||
| 951 | - There are doubts about the validity of the instruction, or the identity or aut | 1450 | - There are doubts about the validity of the instruction, or the identity or aut | ||
| > | hority of the person giving the payment order; or | > | hority of the | ||
| 1451 | person giving the payment order; or | ||||
| 952 | - The payment order, if executed, would lead to a breach of the applicable rules | 1452 | - The payment order, if executed, would lead to a breach of the applicable rules | ||
| > | , laws, or regulations. | > | , laws, or | ||
| 1453 | regulations. | ||||
| 953 | 1454 | ||||
| 954 | We may charge a reasonable fee for such a refusal. | 1455 | We may charge a reasonable fee for such a refusal. | ||
| 955 | 1456 | ||||
| n | 956 | You acknowledge that when executing a payment transaction, we may have to disclo | n | 1457 | You acknowledge that when executing a payment transaction, we may have to disclo |
| > | se information mentioned above and your legal address to the other party’s payme | > | se information | ||
| > | nt service provider and, where relevant, also to intermediaries involved in the | ||||
| > | execution of the payment | ||||
| 1458 | mentioned above and your legal address to the other party’s payment service pro | ||||
| > | vider and, | ||||
| 1459 | where relevant, also to intermediaries involved in the execution of the payment | ||||
| 957 | transaction. You expressly accept and instruct us to disclose such data. | 1460 | transaction. You expressly accept and instruct us to disclose such data. | ||
| 958 | 1461 | ||||
| n | 959 | Where you are the payer, the execution of the transaction may depend on us havin | n | 1462 | Where you are the payer, the execution of the transaction may depend on us havin |
| > | g received the respective amount from you prior to the execution. | > | g received the | ||
| 1463 | respective amount from you prior to the execution. | ||||
| 960 | 1464 | ||||
| 961 | ### 3. Liability for Unauthorized Payment Transactions | 1465 | ### 3. Liability for Unauthorized Payment Transactions | ||
| 962 | 1466 | ||||
| n | 963 | You will be fully liable for all losses relating to an unauthorized payment tran | n | 1467 | You will be fully liable for all losses relating to an unauthorized payment tran |
| > | saction if you acted fraudulently with respect to such a payment transaction, or | > | saction if you acted | ||
| > | if you failed to fulfill one or more of the obligations under this agreement (s | ||||
| > | uch as keeping your credentials safe | ||||
| 1468 | fraudulently with respect to such a payment transaction, or if you failed to fu | ||||
| > | lfill one or more of | ||||
| 1469 | the obligations under this agreement (such as keeping your credentials safe | ||||
| 964 | or notifying us without undue delay) with intent or gross negligence. | 1470 | or notifying us without undue delay) with intent or gross negligence. | ||
| 965 | 1471 | ||||
| 966 | ### 4. Our Liability | 1472 | ### 4. Our Liability | ||
| 967 | 1473 | ||||
| n | 968 | We will refund you in full and are liable for losses directly and reasonably for | n | 1474 | We will refund you in full and are liable for losses directly and reasonably for |
| > | eseeably incurred by an incorrectly or non-executed payment transaction, provide | > | eseeably incurred by | ||
| > | d that you have informed us of such transaction without undue delay after becomi | ||||
| > | ng aware of the defect and in no event | ||||
| 1475 | an incorrectly or non-executed payment transaction, provided that you have info | ||||
| > | rmed us of such | ||||
| 1476 | transaction without undue delay after becoming aware of the defect and in no ev | ||||
| > | ent | ||||
| 969 | later than thirteen (13) months after the transaction was executed, unless we f | 1477 | later than thirteen (13) months after the transaction was executed, unless we f | ||
| > | ailed to make information about the transaction available to you. | > | ailed to make | ||
| 1478 | information about the transaction available to you. | ||||
| 970 | 1479 | ||||
| n | 971 | We are liable for damages suffered as a result of willful misconduct or gross ne | n | 1480 | We are liable for damages suffered as a result of willful misconduct or gross ne |
| > | gligence. In case of minor negligence, we are only liable for (a) damages result | > | gligence. In case of | ||
| > | ing from injury to life, body, or health; or (b) foreseeable typically occurring | ||||
| > | damages resulting from the breach of | ||||
| 1481 | minor negligence, we are only liable for (a) damages resulting from injury to l | ||||
| > | ife, body, or health; | ||||
| 1482 | or (b) foreseeable typically occurring damages resulting from the breach of | ||||
| 972 | an essential contractual obligation. Any further liability is excluded. | 1483 | an essential contractual obligation. Any further liability is excluded. | ||
| 973 | 1484 | ||||
| n | 974 | If you are a business using the Payment Services, unforeseeable damages in accor | n | 1485 | If you are a business using the Payment Services, unforeseeable damages in accor |
| > | dance with the above include (but are not limited to) loss of goodwill or reputa | > | dance with the above | ||
| > | tion, direct or indirect loss of profits, loss of data, loss of business and oth | ||||
| > | er intangible losses. You also | ||||
| 975 | explicitly agree that as a business you may not benefit from the rights and lia | 1486 | include (but are not limited to) loss of goodwill or reputation, direct or indi | ||
| > | bility regimes deriving from the legal provisions with regard to payment service | > | rect loss of profits, | ||
| > | s (Articles 79(1), 81(3), 86, 88 to 90, 93 and 101 of the Luxembourg Law of 10 N | ||||
| > | ovember 2009 on payment services) in | ||||
| 976 | the event of non-execution or defective execution of Payment Services under thi | 1487 | loss of data, loss of business and other intangible losses. You also | ||
| > | s agreement, meaning we are not liable to you for the losses or damage you may s | ||||
| > | uffer under those provisions. | ||||
| 1488 | explicitly agree that as a business you may not benefit from the rights and lia | ||||
| > | bility regimes | ||||
| 1489 | deriving from the legal provisions with regard to payment services (Articles 79 | ||||
| > | (1), 81(3), 86, 88 to | ||||
| 1490 | 90, 93 and 101 of the Luxembourg Law of 10 November 2009 on payment services) i | ||||
| > | n | ||||
| 1491 | the event of non-execution or defective execution of Payment Services under thi | ||||
| > | s agreement, meaning | ||||
| 1492 | we are not liable to you for the losses or damage you may suffer under those pr | ||||
| > | ovisions. | ||||
| 977 | 1493 | ||||
| 978 | ### 5. Shipping Labels | 1494 | ### 5. Shipping Labels | ||
| 979 | 1495 | ||||
| n | 980 | If buyers purchase a return shipping label at their own expense on the eBay webs | n | 1496 | If buyers purchase a return shipping label at their own expense on the eBay webs |
| > | ite, eBay may automatically deduct the label costs from the refund amount a buye | > | ite, eBay may | ||
| > | r receives from you. If this occurs, you agree (as a debtor to the buyer for the | ||||
| > | refund) to be delegated as a debtor | ||||
| 981 | to the shipping carrier for the label costs, and authorize us to use the releva | 1497 | automatically deduct the label costs from the refund amount a buyer receives fr | ||
| > | nt part of the refund amount to pay the shipping carrier on your behalf. You wil | > | om you. If this | ||
| > | l not bear any additional shipping costs in this event. | ||||
| 1498 | occurs, you agree (as a debtor to the buyer for the refund) to be delegated as | ||||
| > | a debtor | ||||
| 1499 | to the shipping carrier for the label costs, and authorize us to use the releva | ||||
| > | nt part of the refund | ||||
| 1500 | amount to pay the shipping carrier on your behalf. You will not bear any additi | ||||
| > | onal shipping costs | ||||
| 1501 | in this event. | ||||
| 982 | 1502 | ||||
| 983 | ### 6. Holds (for consumers in Germany) | 1503 | ### 6. Holds (for consumers in Germany) | ||
| 984 | 1504 | ||||
| n | 985 | If you are a consumer in Germany, eBay Sarl will apply holds to your funds in ac | n | 1505 | If you are a consumer in Germany, eBay Sarl will apply holds to your funds in ac |
| > | cordance with this section. For all other sellers, holds are applied under the c | > | cordance with this | ||
| > | onditions in Part I, Section 5/Holds . | ||||
| 1506 | section. For all other sellers, holds are applied under the conditions in Part | ||||
| > | I, Section 5/Holds . | ||||
| 986 | 1507 | ||||
| n | 987 | As a regulated payment entity, we are legally required to implement an effective | n | 1508 | As a regulated payment entity, we are legally required to implement an effective |
| > | risk management program and robust measures to prevent fraud, money laundering, | > | risk management | ||
| > | and terrorist financing. For these purposes, we may place holds on your funds, | ||||
| > | or instruct a payment service provider | ||||
| 1509 | program and robust measures to prevent fraud, money laundering, and terrorist f | ||||
| > | inancing. For these | ||||
| 1510 | purposes, we may place holds on your funds, or instruct a payment service provi | ||||
| > | der | ||||
| 988 | to hold your funds, under the conditions and for the duration described below, | 1511 | to hold your funds, under the conditions and for the duration described below, | ||
| > | taking into account your and other users’ legitimate interests. | > | taking into account | ||
| 1512 | your and other users’ legitimate interests. | ||||
| 989 | 1513 | ||||
| n | 990 | A hold can be placed either on transaction level or on account level. Transactio | n | 1514 | A hold can be placed either on transaction level or on account level. Transactio |
| > | n-level holds are placed in relation to a particular buyer transaction, typicall | > | n-level holds are | ||
| > | y to secure a potential refund of the transaction amount to the buyer, e.g., aft | ||||
| > | er a successful eMBG claim | ||||
| 991 | (“ **Transaction Holds** ”). These holds freeze the amount of the relevant tran | 1515 | placed in relation to a particular buyer transaction, typically to secure a pot | ||
| > | saction. Account-level holds prevent the disbursement of all funds on the accoun | > | ential refund of the | ||
| > | t (“ **Account Holds** ”). They are placed for reasons related to the | ||||
| 1516 | transaction amount to the buyer, e.g., after a successful eMBG claim | ||||
| 1517 | (“ **Transaction Holds** ”). These holds freeze the amount of the relevant | ||||
| 1518 | transaction. Account-level holds prevent the disbursement of all funds on the a | ||||
| > | ccount | ||||
| 1519 | (“ **Account Holds** ”). They are placed for reasons related to the | ||||
| 992 | seller, the seller’s conduct, or the activity on an account, e.g. if there is a | 1520 | seller, the seller’s conduct, or the activity on an account, e.g. if there is a | ||
| > | suspicion of fraud. | > | suspicion of | ||
| 1521 | fraud. | ||||
| 993 | 1522 | ||||
| 994 | **Transaction Holds** can be placed if: | 1523 | **Transaction Holds** can be placed if: | ||
| 995 | 1524 | ||||
| n | 996 | - Your buyer opens a case under an eBay Buyer Protection Program (see Part I, Se | n | 1525 | - Your buyer opens a case under an eBay Buyer Protection Program (see Part I, Se |
| > | ction 5/eBay Money Back Guarantee Programs). If the buyer's claim is successful, | > | ction 5/eBay Money Back Guarantee Programs). If the | ||
| > | you must reimburse the eMBG Service Provider for the amount refunded to the buy | ||||
| > | er | ||||
| 997 | according to the applicable User Agreement and eMBG policy. We will secure the | 1526 | buyer's claim is successful, you must reimburse the eMBG Service Provider for t | ||
| > | reimbursement claim of the eMBG Service Provider against you by placing a hold o | > | he amount refunded | ||
| > | n the relevant amount until the case is decided. If the case is resolved in your | ||||
| > | favor or if you are found to be | ||||
| 1527 | to the buyer | ||||
| 1528 | according to the applicable User Agreement and eMBG policy. We will secure the | ||||
| > | reimbursement claim | ||||
| 1529 | of the eMBG Service Provider against you by placing a hold on the relevant amou | ||||
| > | nt until the case | ||||
| 1530 | is decided. If the case is resolved in your favor or if you are found to be | ||||
| 998 | protected under the Seller Protection Program, we will release the hold and dis | 1531 | protected under the Seller Protection Program, we will release the hold and dis | ||
| > | burse your funds. | > | burse your funds. | ||
| n | 999 | - Your buyer (or the holder of the payment instrument used to pay for the transa | n | 1532 | - Your buyer (or the holder of the payment instrument used to pay for the transa |
| > | ction) opens a payment dispute with its payment service provider (see Part I, Se | > | ction) opens a | ||
| > | ction 5/Disputes). If the buyer's claim is successful, you must reimburse us for | ||||
| > | the | ||||
| 1000 | amounts refunded to the buyer as described in Part I, Section 5/Disputes. We wi | 1533 | payment dispute with its payment service provider (see Part I, | ||
| > | ll secure our reimbursement claim against you by placing a hold on the relevant | ||||
| > | amount until the case is decided by the buyer’s payment service provider. If the | ||||
| > | case is resolved in your favor | ||||
| 1534 | Section 5/Disputes). If the buyer's claim is successful, you must reimburse us | ||||
| > | for the | ||||
| 1535 | amounts refunded to the buyer as described in Part I, Section 5/Disputes. We wi | ||||
| > | ll secure our | ||||
| 1536 | reimbursement claim against you by placing a hold on the relevant amount until | ||||
| > | the case is decided | ||||
| 1537 | by the buyer’s payment service provider. If the case is resolved in your favor | ||||
| 1001 | or if you are found to be protected under the Seller Protection Program, we wil | 1538 | or if you are found to be protected under the Seller Protection Program, we wil | ||
| > | l release the hold and disburse your funds. | > | l release the hold | ||
| 1002 | - Additionally, we may place a hold on funds depending on your seller status, ch | 1539 | and disburse your funds. | ||
| > | anges to your account status, or other factors we use to help ensure a safe mark | ||||
| > | etplace. We place such holds to ensure that sellers successfully fulfill the ord | ||||
| > | er and that refunds for potential | ||||
| 1540 | - Additionally, we may place a hold on funds depending on your seller status, ch | ||||
| > | anges to your | ||||
| 1541 | account status, or other factors we use to help ensure a safe marketplace. We p | ||||
| > | lace such holds to | ||||
| 1542 | ensure that sellers successfully fulfill the order and that refunds for potenti | ||||
| > | al | ||||
| 1003 | buyer-requested returns, eMBG claims, or disputes filed by a buyer can be execu | 1543 | buyer-requested returns, eMBG claims, or disputes filed by a buyer can be execu | ||
| > | ted effectively. | > | ted effectively. | ||
| n | 1004 | - New, dormant, and infrequent sellers may experience holds for up to 30 days wh | n | 1544 | - New, dormant, and infrequent sellers may experience holds for up to 30 days wh |
| > | ile becoming established on eBay in accordance with eBay’s best selling practice | > | ile becoming | ||
| > | s and building | ||||
| 1545 | established on eBay in accordance with eBay’s | ||||
| 1546 | best selling practices and building | ||||
| 1005 | a strong selling history. | 1547 | a strong selling history. | ||
| n | 1006 | - Previously restricted or suspended sellers may experience holds for the 30 day | n | 1548 | - Previously restricted or suspended sellers may experience holds for the 30 day |
| > | s after the restriction or suspension is lifted, while we confirm that the order | > | s after the | ||
| > | has been successfully fulfilled. | ||||
| 1007 | - Unusual selling patterns, like an unexpected surge in sales, a change in busin | 1549 | restriction or suspension is lifted, while we confirm that the order has been s | ||
| > | ess type, a change in average selling price or the type of items being sold, or | > | uccessfully | ||
| > | the sale of high-priced items may lead to holds for up to 30 days or until the f | ||||
| > | ulfillment of the order is confirmed | ||||
| 1550 | fulfilled. | ||||
| 1551 | - Unusual selling patterns, like an unexpected surge in sales, a change in busin | ||||
| > | ess type, a change | ||||
| 1552 | in average selling price or the type of items being sold, or the sale of high-p | ||||
| > | riced items may | ||||
| 1553 | lead to holds for up to 30 days or until the fulfillment of the order is confir | ||||
| > | med | ||||
| 1008 | to help us ensure that buyers don't have any issues with the order. | 1554 | to help us ensure that buyers don't have any issues with the order. | ||
| n | 1009 | - The authentication process may lead to holds for up to 30 days until the authe | n | 1555 | - The authentication process may lead to holds for up to 30 days until the authe |
| > | nticity of items sold with eBay's Authenticity Guarantee can be confirmed. | > | nticity of items | ||
| 1010 | - For specific shipping methods such as local pick-up, holds may be placed to en | 1556 | sold with eBay's Authenticity Guarantee can be confirmed. | ||
| > | sure that the seller completes the delivery of the item according to the conditi | ||||
| > | ons stated in the item description. The hold will be lifted when the delivery is | ||||
| > | confirmed, e.g. by scanning a QR code | ||||
| 1557 | - For specific shipping methods such as local pick-up, holds may be placed to en | ||||
| > | sure that the seller | ||||
| 1558 | completes the delivery of the item according to the conditions stated in the it | ||||
| > | em description. The | ||||
| 1559 | hold will be lifted when the delivery is confirmed, e.g. by scanning a QR code | ||||
| 1011 | at local pick-up. | 1560 | at local pick-up. | ||
| n | 1012 | - If we have identified an increased risk of seller performance issues, for exam | n | 1561 | - If we have identified an increased risk of seller performance issues, for exam |
| > | ple if multiple buyers have reported problems or if we see excessive cancellatio | > | ple if multiple | ||
| > | ns related to an account, we may place a hold on a transaction to ensure that th | ||||
| > | e seller completes the fulfillment of | ||||
| 1562 | buyers have reported problems or if we see excessive cancellations related to a | ||||
| > | n account, we may | ||||
| 1563 | place a hold on a transaction to ensure that the seller completes the fulfillme | ||||
| > | nt of | ||||
| 1013 | the order. The hold will be lifted when the successful fulfillment is confirmed | 1564 | the order. The hold will be lifted when the successful fulfillment is confirmed | ||
| > | . | > | . | ||
| n | 1014 | - Holds applied as described above for a certain period of time to secure the su | n | 1565 | - Holds applied as described above for a certain period of time to secure the su |
| > | ccessful fulfillment of buyer’s orders may be applied for longer periods of time | > | ccessful | ||
| > | in cases of extended delivery times. | ||||
| 1566 | fulfillment of buyer’s orders may be applied for longer periods of time in case | ||||
| > | s of extended | ||||
| 1567 | delivery times. | ||||
| 1015 | 1568 | ||||
| 1016 | **Account Holds** can be placed in the following cases: | 1569 | **Account Holds** can be placed in the following cases: | ||
| 1017 | 1570 | ||||
| n | 1018 | - Failed or incomplete identification and verification process. If you do not as | n | 1571 | - Failed or incomplete identification and verification process. If you do not as |
| > | sist us in the identification and verification process, for example, if you do n | > | sist us in the | ||
| > | ot provide us with the information and/or documents necessary to identify and ve | ||||
| > | rify you or your company in accordance | ||||
| 1019 | with the applicable legal requirements (see Part I, Section 2, Step 3/Confirm Y | 1572 | identification and verification process, for example, if you do not provide us | ||
| > | our Identity), we cannot pay out your funds. Once you provide the requested info | > | with the | ||
| > | rmation, and we can verify your identity, we will release the hold, and your fun | ||||
| > | ds | ||||
| 1573 | information and/or documents necessary to identify and verify you or your compa | ||||
| > | ny in accordance | ||||
| 1574 | with the applicable legal requirements (see Part I, Section 2, Step | ||||
| 1575 | 3/Confirm Your Identity), we cannot pay out your funds. Once you provide the re | ||||
| > | quested | ||||
| 1576 | information, and we can verify your identity, we will release the hold, and you | ||||
| > | r funds | ||||
| 1020 | can be disbursed. The duration of the hold depends on how fast you provide the | 1577 | can be disbursed. The duration of the hold depends on how fast you provide the | ||
| > | required documents. | > | required documents. | ||
| n | 1021 | - Compliance and risk reasons. We may hold payouts in order to fulfill our legal | n | 1578 | - Compliance and risk reasons. We may hold payouts in order to fulfill our legal |
| > | obligations in the following cases: | > | obligations in | ||
| 1022 | - As a regulated payment entity, we are legally required to implement an effecti | 1579 | the following cases: | ||
| > | ve risk management program and robust measures to prevent fraud, money launderin | ||||
| > | g, and terrorist financing. This includes measures to ensure that we can fulfill | ||||
| > | our payment obligations at all times, | ||||
| 1023 | including and in particular towards our users. If we identify a financial, frau | 1580 | - As a regulated payment entity, we are legally required to implement an effecti | ||
| > | d or money laundering/terrorist financing risk, we will hold your payouts. A fin | > | ve risk management | ||
| > | ancial or fraud risk exists if payments could be made by or to an unauthorized t | ||||
| > | hird party instead of you (e.g., in | ||||
| 1024 | case of an “account takeover,” when a third party has gained unauthorized acces | 1581 | program and robust measures to prevent fraud, money laundering, and terrorist f | ||
| > | s to your eBay account) or if you violate applicable law, these Payments Terms o | > | inancing. This | ||
| > | f Use, the applicable User Agreement or any other eBay Policies, and your action | ||||
| > | s could cause other users | ||||
| 1582 | includes measures to ensure that we can fulfill our payment obligations at all | ||||
| > | times, | ||||
| 1583 | including and in particular towards our users. If we identify a financial, frau | ||||
| > | d or money | ||||
| 1584 | laundering/terrorist financing risk, we will hold your payouts. A financial or | ||||
| > | fraud risk exists | ||||
| 1585 | if payments could be made by or to an unauthorized third party instead of you ( | ||||
| > | e.g., in | ||||
| 1586 | case of an “account takeover,” when a third party has gained unauthorized acces | ||||
| > | s to | ||||
| 1587 | your eBay account) or if you violate applicable law, these Payments Terms of Us | ||||
| > | e, the applicable | ||||
| 1588 | User Agreement or any other eBay Policies, and your actions could cause other u | ||||
| > | sers | ||||
| 1025 | or us to suffer a loss or financial or reputational damages. | 1589 | or us to suffer a loss or financial or reputational damages. | ||
| n | 1026 | - We or our Affiliated Companies may be legally obligated to block your payouts. | n | 1590 | - We or our Affiliated Companies may be legally obligated to block your payouts. |
| > | We may receive an order by an authority to freeze your funds, or the Affiliate | > | We may receive an | ||
| > | providing the eBay Services to you may be legally required under certain conditi | ||||
| > | ons to ensure that no payments are | ||||
| 1027 | made to you and to notify us accordingly, as in the case of eBay GmbH which mus | 1591 | order by an authority to freeze your funds, or the Affiliate providing the eBay | ||
| > | t comply with the requirements under the EU's DAC7 Directive, as transposed into | > | Services to you | ||
| > | national law (Sec. 23 sentence 2 no. 2 PStTG). | ||||
| 1592 | may be legally required under certain conditions to ensure that no payments are | ||||
| 1593 | made to you and to notify us accordingly, as in the case of eBay GmbH which mus | ||||
| > | t comply with the | ||||
| 1594 | requirements under the EU's DAC7 Directive, as transposed into national law (Se | ||||
| > | c. 23 sentence 2 | ||||
| 1595 | no. 2 PStTG). | ||||
| 1028 | 1596 | ||||
| n | 1029 | If we hold your payouts due to compliance and risk reasons, we will notify you a | n | 1597 | If we hold your payouts due to compliance and risk reasons, we will notify you a |
| > | nd may request additional information from you. Once we have received the reques | > | nd may request | ||
| > | ted information or the risk is otherwise resolved, we will release the hold and | ||||
| > | your funds can be disbursed. The | ||||
| 1598 | additional information from you. Once we have received the requested informatio | ||||
| > | n or the risk is | ||||
| 1599 | otherwise resolved, we will release the hold and your funds can be disbursed. T | ||||
| > | he | ||||
| 1030 | duration of the hold depends on how quickly you provide the information or how | 1600 | duration of the hold depends on how quickly you provide the information or how | ||
| > | quickly the risk is otherwise resolved. | > | quickly the risk is | ||
| 1601 | otherwise resolved. | ||||
| 1031 | 1602 | ||||
| n | 1032 | - Performance holds: We hold your payouts if we identify unusual activity associ | n | 1603 | - Performance holds: We hold your payouts if we identify unusual activity associ |
| > | ated with your account, such as increased number of customer claims, a drop in y | > | ated with your | ||
| > | our seller status to “below standard,” a sudden change in your selling activity | ||||
| > | or an unusually high | ||||
| 1033 | percentage of late deliveries or negative buyer feedback. We will only apply a | 1604 | account, such as increased number of customer claims, a drop in your seller sta | ||
| > | hold in this case if the unusual activity associated with your account is materi | > | tus to “below | ||
| > | al in the sense that, according to our experience based on comparable cases in t | ||||
| > | he past, it leads to a risk for all | ||||
| 1034 | of your potential buyers regarding the fulfillment of the delivery of the order | 1605 | standard,” a sudden change in your selling activity or an unusually high | ||
| > | or the effective execution of refunds for potential buyer-requested returns, eM | ||||
| > | BG claims, or disputes filed by a buyer. The duration of these holds depends on | ||||
| > | how fast the issues underlying the | ||||
| 1606 | percentage of late deliveries or negative buyer feedback. We will only apply a | ||||
| > | hold in this case | ||||
| 1607 | if the unusual activity associated with your account is material in the sense t | ||||
| > | hat, according to | ||||
| 1608 | our experience based on comparable cases in the past, it leads to a risk for al | ||||
| > | l | ||||
| 1609 | of your potential buyers regarding the fulfillment of the delivery of the order | ||||
| > | or the effective | ||||
| 1610 | execution of refunds for potential buyer-requested returns, eMBG claims, or dis | ||||
| > | putes filed by a | ||||
| 1611 | buyer. The duration of these holds depends on how fast the issues underlying th | ||||
| > | e | ||||
| 1035 | identified unusual activity are resolved. | 1612 | identified unusual activity are resolved. | ||
| n | 1036 | - Invalid payment method: We may put your payouts on hold if we can't deduct you | n | 1613 | - Invalid payment method: We may put your payouts on hold if we can't deduct you |
| > | r selling fees and other Owed Amounts from any of your payment instruments on fi | > | r selling fees and | ||
| > | le. In this case, once you add another payment method, the hold will be released | ||||
| > | . | ||||
| 1614 | other Owed Amounts from any of your payment instruments on file. In this case, | ||||
| > | once you add | ||||
| 1615 | another payment method, the hold will be released. | ||||
| 1037 | 1616 | ||||
| 1038 | ### 7. Corrective Measures | 1617 | ### 7. Corrective Measures | ||
| 1039 | 1618 | ||||
| n | 1040 | If we become aware of suspected or actual fraud or other security threats affect | n | 1619 | If we become aware of suspected or actual fraud or other security threats affect |
| > | ing your eBay account, we will notify you by email and provide you with instruct | > | ing your eBay | ||
| > | ions on how to protect such account. | ||||
| 1620 | account, we will notify you by email and provide you with instructions on how t | ||||
| > | o protect such | ||||
| 1621 | account. | ||||
| 1041 | 1622 | ||||
| 1042 | ### 8. Financial Regulations Consent | 1623 | ### 8. Financial Regulations Consent | ||
| 1043 | 1624 | ||||
| n | 1044 | eBay Sarl will share information you provided to eBay Sarl with our Affiliates o | n | 1625 | eBay Sarl will share information you provided to eBay Sarl with our Affiliates o |
| > | r third parties only for the purpose of such Affiliates and third parties assist | > | r third parties only | ||
| > | ing us in providing Managed Payments as described in Part I, Section 6/Third-Par | ||||
| > | ty Providers , or in accordance with the following consent. | ||||
| 1626 | for the purpose of such Affiliates and third parties assisting us in providing | ||||
| > | Managed Payments as | ||||
| 1627 | described in Part I, Section 6/Third-Party Providers , or in accordance with th | ||||
| > | e | ||||
| 1628 | following consent. | ||||
| 1045 | 1629 | ||||
| n | 1046 | You expressly consent to eBay Sarl sharing your information with our Affiliates | n | 1630 | You expressly consent to eBay Sarl sharing your information with our Affiliates |
| > | or third parties under the conditions and for the purposes as described below. B | > | or third parties | ||
| > | y sharing this information, we and the respective Affiliate will be able to comp | ||||
| > | ly with applicable law. This will | ||||
| 1631 | under the conditions and for the purposes as described below. By sharing this i | ||||
| > | nformation, we and | ||||
| 1632 | the respective Affiliate will be able to comply with applicable law. This will | ||||
| 1047 | allow us and our Affiliates to continue to provide our services to you. | 1633 | allow us and our Affiliates to continue to provide our services to you. | ||
| 1048 | 1634 | ||||
| n | 1049 | - We may share your information with eBay GmbH or other eBay Affiliates which ar | n | 1635 | - We may share your information with eBay GmbH or other eBay Affiliates which ar |
| > | e obligated under the Digital Services Act (Regulation (EU) 2022/2065 of the Eur | > | e obligated under | ||
| > | opean Parliament and of the Council of 19 October | ||||
| 1050 | 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC) | 1636 | the Digital Services Act | ||
| > | to obtain such information from you. The Digital Services Act obligates online | ||||
| > | platform providers like eBay to obtain and validate certain information from pro | ||||
| > | fessional sellers offering goods and | ||||
| 1051 | services to consumers in the EU. Such information can among others include iden | 1637 | (Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 | ||
| > | tification information about you (including for example a copy of your identific | > | October | ||
| > | ation document or an equivalent electronic document), information on your accoun | ||||
| > | t with us (including information | ||||
| 1638 | 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC) | ||||
| > | to obtain such | ||||
| 1639 | information from you. The Digital Services Act obligates online platform provid | ||||
| > | ers like eBay to | ||||
| 1640 | obtain and validate certain information from professional sellers offering good | ||||
| > | s and | ||||
| 1641 | services to consumers in the EU. Such information can among others include iden | ||||
| > | tification | ||||
| 1642 | information about you (including for example a copy of your identification docu | ||||
| > | ment or an | ||||
| 1643 | equivalent electronic document), information on your account with us (including | ||||
| > | information | ||||
| 1052 | related to your Linked Financial Account), as well as the results of any verifi | 1644 | related to your Linked Financial Account), as well as the results of any verifi | ||
| > | cation of such information performed by us. | > | cation of such | ||
| 1053 | - We may share with eBay GmbH (the entity providing the eBay Services to custome | 1645 | information performed by us. | ||
| > | rs in the EU under the User Agreement) your Linked Financial Account information | ||||
| > | and the total | ||||
| 1054 | amounts paid to you in a given quarter including amounts withheld for fees and | 1646 | - We may share with eBay GmbH (the entity providing the eBay Services to custome | ||
| > | taxes, as well as any other information about you to allow eBay GmbH to comply w | > | rs in the EU under | ||
| > | ith its obligations under the | ||||
| 1055 | EU DAC7 tax directive (Council Directive (EU) 2021/514 of 22 March 2021 amendin | 1647 | the User | ||
| > | g Directive 2011/16/EU on administrative cooperation in the field of taxation). | ||||
| > | Under this directive | ||||
| 1648 | Agreement) your Linked Financial Account information and the total | ||||
| 1649 | amounts paid to you in a given quarter including amounts withheld for fees and | ||||
| > | taxes, as well as | ||||
| 1650 | any other information about you to allow eBay GmbH to comply with its obligatio | ||||
| > | ns under the | ||||
| 1651 | EU | ||||
| 1652 | DAC7 tax directive (Council Directive (EU) 2021/514 of 22 March 2021 amending D | ||||
| > | irective | ||||
| 1653 | 2011/16/EU on administrative cooperation in the field of taxation). Under this | ||||
| > | directive | ||||
| 1056 | as transposed into national law, eBay GmbH is required to collect customer info | 1654 | as transposed into national law, eBay GmbH is required to collect customer info | ||
| > | rmation for certain sellers and report this to EU tax authorities. | > | rmation for certain | ||
| 1057 | - We may share with eBay Inc. (the entity that facilitates the offer, sale, and | 1655 | sellers and report this to EU tax authorities. | ||
| > | purchase of goods and services on the eBay.com e-commerce marketplace) your Link | ||||
| > | ed Financial Account information to enable eBay Inc. to comply with United State | ||||
| > | s federal and state laws that require | ||||
| 1058 | online marketplaces to collect and verify certain information regarding high-vo | 1656 | - We may share with eBay Inc. (the entity that facilitates the offer, sale, and | ||
| > | lume third party sellers of consumer products on such online marketplaces. These | > | purchase of goods | ||
| > | laws include the United States INFORM Consumers Act (H.R. 2617 – 117th Congress | ||||
| > | (2021-2022)) and any such | ||||
| 1657 | and services on the eBay.com e-commerce marketplace) your Linked Financial Acco | ||||
| > | unt information to | ||||
| 1658 | enable eBay Inc. to comply with United States federal and state laws that requi | ||||
| > | re | ||||
| 1659 | online marketplaces to collect and verify certain information regarding high-vo | ||||
| > | lume third party | ||||
| 1660 | sellers of consumer products on such online marketplaces. These laws include th | ||||
| > | e United States | ||||
| 1661 | INFORM Consumers Act (H.R. 2617 – 117th Congress (2021-2022)) and any such | ||||
| 1059 | substantially similar laws as may be adopted in the United States from time to | 1662 | substantially similar laws as may be adopted in the United States from time to | ||
| > | time. | > | time. | ||
| n | 1060 | - We may, directly or through our Affiliates, disclose account information to in | n | 1663 | - We may, directly or through our Affiliates, disclose account information to in |
| > | tellectual property rights owners on the basis of applicable national law of an | > | tellectual property | ||
| > | EU member state in an out-of-court disclosure process, in the event of an infrin | ||||
| > | gement of their intellectual property | ||||
| 1664 | rights owners on the basis of applicable national law of an EU member state in | ||||
| > | an out-of-court | ||||
| 1665 | disclosure process, in the event of an infringement of their intellectual prope | ||||
| > | rty | ||||
| 1061 | rights for which our payment services have been used (including, but not limite | 1666 | rights for which our payment services have been used (including, but not limite | ||
| > | d to, Art. 19 of the German Trademark Act). | > | d to, Art. 19 of | ||
| 1062 | - We may disclose to tax authorities in the EU your account information and deta | 1667 | the German Trademark Act). | ||
| > | ils on your cross-border payment transactions, as well as any other information | ||||
| > | required to comply with our obligations under the CESOP Directive (Council Direc | ||||
| > | tive (EU) 2020/284 of 18 February 2020 | ||||
| 1668 | - We may disclose to tax authorities in the EU your account information and deta | ||||
| > | ils on your | ||||
| 1669 | cross-border payment transactions, as well as any other information required to | ||||
| > | comply with our | ||||
| 1670 | obligations under the CESOP Directive (Council Directive (EU) 2020/284 of 18 Fe | ||||
| > | bruary 2020 | ||||
| 1063 | amending Directive 2006/112/EC), as transposed into national law in the EU Memb | 1671 | amending Directive 2006/112/EC), as transposed into national law in the EU Memb | ||
| > | er States. | > | er States. | ||
| 1064 | 1672 | ||||
| 1065 | ### 9. Account Activity | 1673 | ### 9. Account Activity | ||
| 1066 | 1674 | ||||
| n | 1067 | If you did not access your eBay account for six consecutive years and no transac | n | 1675 | If you did not access your eBay account for six consecutive years and no transac |
| > | tions have been initiated for three consecutive years, we will treat the relatio | > | tions have been | ||
| > | nship as inactive. If the account holds no funds, we may permanently close it an | ||||
| > | d discontinue maintaining its records | ||||
| 1068 | and access to related services. If the account holds a balance, we will notify | 1676 | initiated for three consecutive years, we will treat the relationship as inacti | ||
| > | you at the email address on file and provide the option to either keep the accou | > | ve. If the account | ||
| > | nt open and maintain the balance or withdraw the balance, subject to these Payme | ||||
| > | nts Terms of Use. | ||||
| 1677 | holds no funds, we may permanently close it and discontinue maintaining its rec | ||||
| > | ords | ||||
| 1678 | and access to related services. If the account holds a balance, we will notify | ||||
| > | you at the email | ||||
| 1679 | address on file and provide the option to either keep the account open and main | ||||
| > | tain the balance or | ||||
| 1680 | withdraw the balance, subject to these Payments Terms of Use. | ||||
| 1069 | 1681 | ||||
| 1070 | ### 10. General Provisions | 1682 | ### 10. General Provisions | ||
| 1071 | 1683 | ||||
| n | 1072 | If you are a business which uses the Payment Services, you agree that Articles 7 | n | 1684 | If you are a business which uses the Payment Services, you agree that Articles 7 |
| > | 9 (1), 81 (3), 86, 88, 89, 90, 93, and 101 and Title III of the Law of 10 Novemb | > | 9 (1), 81 (3), 86, | ||
| > | er 2009 on payment services shall not apply to your use of the Payment Services. | ||||
| 1685 | 88, 89, 90, 93, and 101 and Title III of the Law of 10 November 2009 on payment | ||||
| > | services shall not | ||||
| 1686 | apply to your use of the Payment Services. | ||||
| 1073 | 1687 | ||||
| 1074 | #### Individuals | 1688 | #### Individuals | ||
| 1075 | 1689 | ||||
| n | 1076 | If you are an individual acting in your own capacity and not on behalf of a busi | n | 1690 | If you are an individual acting in your own capacity and not on behalf of a busi |
| > | ness, you may not use the Payment Services to receive or transfer funds on behal | > | ness, you may not | ||
| > | f of another natural person or a legal entity. | ||||
| 1691 | use the Payment Services to receive or transfer funds on behalf of another natu | ||||
| > | ral person or a | ||||
| 1692 | legal entity. | ||||
| 1077 | 1693 | ||||
| 1078 | #### Complaints | 1694 | #### Complaints | ||
| 1079 | 1695 | ||||
| n | 1080 | Any complaints about eBay Sarl or the services it provides should first be addre | n | 1696 | Any complaints about eBay Sarl or the services it provides should first be addre |
| > | ssed to eBay Sarl. You agree that all responses from eBay Sarl relating to such | > | ssed to eBay | ||
| > | complaints may be sent to you by email. | ||||
| 1697 | Sarl. You agree that all responses from eBay Sarl relating to such complaints m | ||||
| > | ay be sent to you | ||||
| 1698 | by email. | ||||
| 1081 | 1699 | ||||
| n | 1082 | Should you not be satisfied with eBay Sarl’s responses, you may also escalate yo | n | 1700 | Should you not be satisfied with eBay Sarl’s responses, you may also escalate yo |
| > | ur complaint to the CSSF ( www.cssf.lu ), which is the competent authority to re | > | ur complaint | ||
| > | ceive out-of-court complaints by customers of payment service providers | ||||
| 1701 | to the CSSF ( www.cssf.lu ), which is the competent authority to | ||||
| 1702 | receive out-of-court complaints by customers of payment service providers | ||||
| 1083 | authorized in Luxembourg. For further information please refer to our Complaint | 1703 | authorized in Luxembourg. For further information please refer to our Complaint | ||
| > | s Procedure . | > | s | ||
| 1704 | Procedure . | ||||
| 1084 | 1705 | ||||
| 1085 | #### Communication | 1706 | #### Communication | ||
| 1086 | 1707 | ||||
| n | 1087 | We will communicate with you in the language(s) in which we provided these Payme | n | 1708 | We will communicate with you in the language(s) in which we provided these Payme |
| > | nts Terms of Use to you. You agree that we may give you notice or other informat | > | nts Terms of Use | ||
| > | ion by posting it in your eBay Account, emailing it to your registered email add | ||||
| > | ress, mailing it to your registered | ||||
| 1709 | to you. You agree that we may give you notice or other information by posting i | ||||
| > | t in your eBay | ||||
| 1710 | Account, emailing it to your registered email address, mailing it to your regis | ||||
| > | tered | ||||
| 1088 | physical address, calling your phone number, or sending you mobile messages. | 1711 | physical address, calling your phone number, or sending you mobile messages. | ||
| 1089 | 1712 | ||||
| n | 1090 | Legal notices to eBay Sarl (except for termination notices pursuant to Part I, S | n | 1713 | Legal notices to eBay Sarl (except for termination notices pursuant to Part I, S |
| > | ection 10) shall be served by mail to the following address: eBay S.à .r.l., 22- | > | ection 10) shall | ||
| > | 24 Boulevard Royal, L-2449 Luxembourg. | ||||
| 1714 | be served by mail to the following address: eBay S.à .r.l., 22-24 Boulevard Roy | ||||
| > | al, L-2449 | ||||
| 1715 | Luxembourg. | ||||
| 1091 | 1716 | ||||
| n | 1092 | You may request a copy of any legally required disclosures (including these Paym | n | 1717 | You may request a copy of any legally required disclosures (including these Paym |
| > | ents Terms of Use) from us; we will then provide it to you in a format which all | > | ents Terms of | ||
| > | ows you to store and reproduce the information (for example, by email) or, upon | ||||
| > | your request, on paper. | ||||
| 1718 | Use) from us; we will then provide it to you in a format which allows you to st | ||||
| > | ore and reproduce | ||||
| 1719 | the information (for example, by email) or, upon your request, on paper. | ||||
| 1093 | 1720 | ||||
| 1094 | #### Governing Law and Jurisdiction | 1721 | #### Governing Law and Jurisdiction | ||
| 1095 | 1722 | ||||
| n | 1096 | These Payments Terms of Use shall be governed by and construed in accordance wit | n | 1723 | These Payments Terms of Use shall be governed by and construed in accordance wit |
| > | h the laws of the Grand Duchy of Luxembourg. If you are acting as a consumer (ra | > | h the laws of the | ||
| > | ther than as a business) and if mandatory statutory consumer protection regulati | ||||
| > | ons in your country of residence | ||||
| 1724 | Grand Duchy of Luxembourg. If you are acting as a consumer (rather than as a bu | ||||
| > | siness) and if | ||||
| 1725 | mandatory statutory consumer protection regulations in your country of residenc | ||||
| > | e | ||||
| 1097 | contain provisions that are more beneficial for you, such provisions shall appl | 1726 | contain provisions that are more beneficial for you, such provisions shall appl | ||
| > | y irrespective of the choice of Luxembourg law. | > | y irrespective of | ||
| 1727 | the choice of Luxembourg law. | ||||
| 1098 | 1728 | ||||
| n | 1099 | As a consumer, you may bring any judicial proceedings relating to the General Pa | n | 1729 | As a consumer, you may bring any judicial proceedings relating to the General Pa |
| > | yments Terms and these Additional Payments Terms for Payment Services provided b | > | yments Terms and | ||
| > | y eBay Sarl before the competent court of either your place of residence or eBay | ||||
| > | Sarl's place of business in | ||||
| 1100 | Luxembourg. If eBay Sarl wishes to enforce any of its rights against you as a c | 1730 | these Additional Payments Terms for Payment Services provided by eBay Sarl befo | ||
| > | onsumer, we may do so only in the courts of the jurisdiction in which you are a | > | re the competent | ||
| > | resident. If you are acting as a business seller, you agree to submit to the exc | ||||
| > | lusive jurisdiction of the courts of | ||||
| 1731 | court of either your place of residence or eBay Sarl's place of business in | ||||
| 1732 | Luxembourg. If eBay Sarl wishes to enforce any of its rights against you as a c | ||||
| > | onsumer, we may do | ||||
| 1733 | so only in the courts of the jurisdiction in which you are a resident. If you a | ||||
| > | re acting as a | ||||
| 1734 | business seller, you agree to submit to the exclusive jurisdiction of the court | ||||
| > | s of | ||||
| 1101 | the Grand Duchy of Luxembourg. | 1735 | the Grand Duchy of Luxembourg. | ||
| 1102 | 1736 | ||||
| 1103 | ## IV. ADDITIONAL TERMS FOR SERVICES PROVIDED BY ECCA | 1737 | ## IV. ADDITIONAL TERMS FOR SERVICES PROVIDED BY ECCA | ||
| 1104 | 1738 | ||||
| n | 1105 | In addition to the General Payments Terms above, the following provisions apply | n | 1739 | In addition to the General Payments Terms above, the following provisions apply |
| > | with respect to Payment Services you receive from eCCA. Within this section, “ * | > | with respect to Payment | ||
| > | *we** ” or “ **us** ” refers to eCCA. | ||||
| 1740 | Services you receive from eCCA. Within this section, “ **we** ” or | ||||
| 1741 | “ **us** ” refers to eCCA. | ||||
| 1106 | 1742 | ||||
| n | 1107 | As between you and eCCA, these Payments Terms of Use incorporate by this referen | n | 1743 | As between you and eCCA, these Payments Terms of Use incorporate by this referen |
| > | ce the User Agreement . In the event of any conflict between the User Agreement | > | ce the User | ||
| > | and these Payments Terms of Use, these Payments Terms of Use will govern. | ||||
| 1744 | Agreement . In the event of any conflict between the User | ||||
| 1745 | Agreement and these Payments Terms of Use, these Payments Terms of Use will gov | ||||
| > | ern. | ||||
| 1108 | 1746 | ||||
| 1109 | We may change, discontinue, enhance, or modify features of Managed Payments at a | 1747 | We may change, discontinue, enhance, or modify features of Managed Payments at a | ||
| > | ny time. | > | ny time. | ||
| 1110 | 1748 | ||||
| 1111 | Expand Part IV | 1749 | Expand Part IV | ||
| 1112 | ### 1. Payment Service; Disabling Payment Methods | 1750 | ### 1. Payment Service; Disabling Payment Methods | ||
| 1113 | 1751 | ||||
| n | 1114 | The acceptance of a buyer's payment instrument (for example, their Visa card), o | n | 1752 | The acceptance of a buyer's payment instrument (for example, their Visa card), o |
| > | nce it has been authorized for payment, satisfies the buyer's payment obligation | > | nce it has been | ||
| > | to you, regardless of whether we actually settle such payment to you. In the ev | ||||
| > | ent that we do not make any such | ||||
| 1115 | payment to you as described in these Payments Terms of Use, you will have recou | 1753 | authorized for payment, satisfies the buyer's payment obligation to you, regard | ||
| > | rse against us only and not against the buyer. To the extent permissible under t | > | less of whether we | ||
| > | he rules of any third-party or governmental body with jurisdiction over us, you | ||||
| > | agree that we are not liable for your | ||||
| 1754 | actually settle such payment to you. In the event that we do not make any such | ||||
| 1755 | payment to you as described in these Payments Terms of Use, you will have recou | ||||
| > | rse against us only | ||||
| 1756 | and not against the buyer. To the extent permissible under the rules of any thi | ||||
| > | rd-party or | ||||
| 1757 | governmental body with jurisdiction over us, you agree that we are not liable f | ||||
| > | or your | ||||
| 1116 | acts and omissions and you understand that we disclaim any such liability. | 1758 | acts and omissions and you understand that we disclaim any such liability. | ||
| 1117 | 1759 | ||||
| n | 1118 | We may disable specific payment method(s) available to buyers for all or some of | n | 1760 | 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 | > | your listings if we | ||
| > | transactions will increase regulatory, financial, or other risk to us. For exam | ||||
| > | ple, if you would like to offer a | ||||
| 1119 | high-priced item with a new eBay account, we may disable such payment methods w | 1761 | reasonably believe the use of such payment methods for your transactions will i | ||
| > | here the amount is credited with a time delay after the transaction (e.g. direct | > | ncrease regulatory, | ||
| > | debit or payment upon invoice). In assessing the risk, we consider relevant fac | ||||
| > | tors such as your sales history, | ||||
| 1120 | service status, eBay account history, risks associated with certain item catego | 1762 | financial, or other risk to us. For example, if you would like to offer a | ||
| > | ries, 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 long | ||||
| > | er exists. | ||||
| 1763 | high-priced item with a new eBay account, we may disable such payment methods w | ||||
| > | here the amount is | ||||
| 1764 | credited with a time delay after the transaction (e.g. direct debit or payment | ||||
| > | upon invoice). In | ||||
| 1765 | assessing the risk, we consider relevant factors such as your sales history, | ||||
| 1766 | service status, eBay account history, risks associated with certain item catego | ||||
| > | ries, transaction | ||||
| 1767 | value, and number and monetary amounts of eMBG cases. We will re-enable the aff | ||||
| > | ected payment | ||||
| 1768 | method(s) for your listings once the risk no longer exists. | ||||
| 1121 | 1769 | ||||
| 1122 | ### 2. Authorization to Pay | 1770 | ### 2. Authorization to Pay | ||
| 1123 | 1771 | ||||
| n | 1124 | The authorization to pay for Owed Amounts in accordance with Part I, Section 8 i | n | 1772 | The authorization to pay for Owed Amounts in accordance with Part I, Section 8 i |
| > | s an electronic pre-authorized debit agreement (“ **PAD Agreement** ”) that you | > | s an electronic | ||
| > | are entering into for business purposes to allow eBay to debit your designated b | ||||
| > | ank account, | ||||
| 1773 | pre-authorized debit agreement (“ **PAD Agreement** ”) that you are entering | ||||
| 1774 | into for business purposes to allow eBay to debit your designated bank account, | ||||
| 1125 | and is subject to the rules of Payments Canada. | 1775 | and is subject to the rules of Payments Canada. | ||
| 1126 | 1776 | ||||
| n | 1127 | By completing registration for Managed Payments, you hereby authorize eCCA (or i | n | 1777 | By completing registration for Managed Payments, you hereby authorize eCCA (or i |
| > | ts Affiliates) and the financial institution that has issued your Linked Financia | > | ts Affiliates) and | ||
| > | l Account to debit your Linked Financial Account for Owed Amounts in variable am | ||||
| > | ounts at such intervals as when you | ||||
| 1778 | the financial institution that has issued your Linked Financial Account to debit | ||||
| > | your Linked | ||||
| 1779 | Financial Account for Owed Amounts in variable amounts at such intervals as whe | ||||
| > | n you | ||||
| 1128 | have Owed Amounts that are due and owing and we are unable to collect such Owed | 1780 | have Owed Amounts that are due and owing and we are unable to collect such Owed | ||
| > | Amounts from your current or future disbursements. | > | Amounts from your | ||
| 1781 | current or future disbursements. | ||||
| 1129 | 1782 | ||||
| n | 1130 | **You agree to waive all pre-notification requirements under the Payments Canada | n | 1783 | **You agree to waive all pre-notification requirements under the Payments Canada |
| > | rules in respect of any variable debits originated under this PAD Agreement. eC | > | rules in | ||
| > | CA will notify you by email regarding any one-time or sporadic debits in order t | ||||
| > | o obtain your authorization.** | ||||
| 1784 | respect of any variable debits originated under this PAD Agreement. eCCA will n | ||||
| > | otify you by email | ||||
| 1785 | regarding any one-time or sporadic debits in order to obtain your authorization | ||||
| > | .** | ||||
| 1131 | 1786 | ||||
| n | 1132 | eCCA, or its Affiliates, will charge your account a CDN$ 7.00 fee by way of a se | n | 1787 | eCCA, or its Affiliates, will charge your account a CDN$ 7.00 fee by way of a se |
| > | parate debit for each and every debit transaction authorized above that is unsuc | > | parate debit for | ||
| > | cessful or returned unpaid by your financial institution. We shall have no liabil | ||||
| > | ity to you whatsoever caused by a | ||||
| 1788 | each and every debit transaction authorized above that is unsuccessful or retur | ||||
| > | ned unpaid by your | ||||
| 1789 | financial institution. We shall have no liability to you whatsoever caused by a | ||||
| 1133 | dishonored debit. | 1790 | dishonored debit. | ||
| 1134 | 1791 | ||||
| n | 1135 | If you would like to cancel this PAD Agreement, you may do so at any time by con | n | 1792 | If you would like to cancel this PAD Agreement, you may do so at any time by con |
| > | tacting eCCA. If you cancel this PAD Agreement without providing a new authoriza | > | tacting eCCA. If | ||
| > | tion, we may suspend or cancel your Payment Services and eBay may suspend or can | ||||
| > | cel your eBay Services. | ||||
| 1793 | you cancel this PAD Agreement without providing a new authorization, we may sus | ||||
| > | pend or cancel your | ||||
| 1794 | Payment Services and eBay may suspend or cancel your eBay Services. | ||||
| 1136 | 1795 | ||||
| n | 1137 | You have certain recourse rights if any debit does not comply with this PAD Agre | n | 1796 | You have certain recourse rights if any debit does not comply with this PAD Agre |
| > | ement. For example, you have the right to receive reimbursement for any debit th | > | ement. For example, | ||
| > | at is not authorized or is not consistent with this PAD Agreement. To obtain mor | ||||
| > | e information on your recourse rights, | ||||
| 1797 | you have the right to receive reimbursement for any debit that is not authorize | ||||
| > | d or is not | ||||
| 1798 | consistent with this PAD Agreement. To obtain more information on your recourse | ||||
| > | rights, | ||||
| 1138 | or for further information on your right to cancel this PAD Agreement and appli | 1799 | or for further information on your right to cancel this PAD Agreement and appli | ||
| > | cable forms, you may contact your financial institution or visit www.payments.ca. | > | cable forms, you may | ||
| 1800 | contact your financial institution or visit www.payments.ca. | ||||
| 1139 | 1801 | ||||
| 1140 | ### 3. RPAA Trust Arrangement | 1802 | ### 3. RPAA Trust Arrangement | ||
| 1141 | 1803 | ||||
| n | 1142 | Funds received by us on your behalf represent an unsecured claim for payment aga | n | 1804 | Funds received by us on your behalf represent an unsecured claim for payment aga |
| > | inst us, but do not constitute deposits. eCCA may combine your funds with the fu | > | inst us, but do not | ||
| > | nds of other eCCA customers in pooled custodial accounts, in accordance with thi | ||||
| > | s section (3/RPAA Trust Arrangement), | ||||
| 1143 | and may invest the funds in accordance with applicable law. You do not have any | 1805 | constitute deposits. eCCA may combine your funds with the funds of other eCCA c | ||
| > | ownership interest in these investments and any interest earned from these inve | > | ustomers in pooled | ||
| > | stments will be retained by us. | ||||
| 1806 | custodial accounts, in accordance with this section (3/RPAA Trust Arrangement), | ||||
| 1807 | and may invest the funds in accordance with applicable law. You do not have any | ||||
| > | ownership interest | ||||
| 1808 | in these investments and any interest earned from these investments will be ret | ||||
| > | ained by us. | ||||
| 1144 | 1809 | ||||
| 1145 | #### Definitions | 1810 | #### Definitions | ||
| 1146 | 1811 | ||||
| n | 1147 | " **Beneficiary** " means (i) you, (ii) any other end-user (within the meaning o | n | 1812 | " **Beneficiary** " means (i) you, (ii) any other end-user (within the meaning o |
| > | f the RPAA), in each case from whom, or for whom, eCCA receives and holds funds | > | f the | ||
| > | where such funds are transferred to eCCA with the intention that they be held in | ||||
| > | trust and (iii) any | ||||
| 1813 | RPAA), in each case from whom, or for whom, eCCA receives and holds funds where | ||||
| > | such funds are | ||||
| 1814 | transferred to eCCA with the intention that they be held in trust and (iii) any | ||||
| 1148 | income beneficiary designated under the Declaration of Trust; | 1815 | income beneficiary designated under the Declaration of Trust; | ||
| 1149 | 1816 | ||||
| n | 1150 | " **Client Funds** " means your funds that eCCA receives and holds in accordance | n | 1817 | " **Client Funds** " means your funds that eCCA receives and holds in accordance |
| > | with these Payments Terms of Use; | > | with | ||
| 1818 | these Payments Terms of Use; | ||||
| 1151 | 1819 | ||||
| n | 1152 | " **Declaration of Trust** " means the declaration of trust entered into between | n | 1820 | " **Declaration of Trust** " means the declaration of trust entered into between |
| > | eCCA, as initial settlor, and the Trustee, as such declaration of trust may be | > | eCCA, | ||
| > | amended, modified, supplemented and replaced from time to time; | ||||
| 1821 | as initial settlor, and the Trustee, as such declaration of trust may be amende | ||||
| > | d, modified, | ||||
| 1822 | supplemented and replaced from time to time; | ||||
| 1153 | 1823 | ||||
| n | 1154 | " **eCCA Trust** " means the trust established by the Declaration of Trust to ho | n | 1824 | " **eCCA Trust** " means the trust established by the Declaration of Trust to ho |
| > | ld Trust Property in trust for the benefit of the Beneficiaries; | > | ld | ||
| 1825 | Trust Property in trust for the benefit of the Beneficiaries; | ||||
| 1155 | 1826 | ||||
| n | 1156 | " **Financial Institution** " means a Canadian regulated entity referred to in o | n | 1827 | " **Financial Institution** " means a Canadian regulated entity referred to in o |
| > | ne of paragraphs 9(a) to (d) or (f) to (h) of the RPAA; | > | ne of | ||
| 1828 | paragraphs 9(a) to (d) or (f) to (h) of the RPAA; | ||||
| 1157 | 1829 | ||||
| n | 1158 | " **Income** " means any interest or other investment income or earnings that ma | n | 1830 | " **Income** " means any interest or other investment income or earnings that ma |
| > | y be earned on the Client Funds held in a Trust Account; | > | y be | ||
| 1831 | earned on the Client Funds held in a Trust Account; | ||||
| 1159 | 1832 | ||||
| n | 1160 | " **In-Transit** " means the period commencing at the point in time eCCA receive | n | 1833 | " **In-Transit** " means the period commencing at the point in time eCCA receive |
| > | s an instruction to immediately transfer or withdraw funds to or from an account | > | s an | ||
| > | , including the Trust Account, until the point in time at which such transfer or | ||||
| > | withdrawal is complete; | ||||
| 1834 | instruction to immediately transfer or withdraw funds to or from an account, in | ||||
| > | cluding the Trust | ||||
| 1835 | Account, until the point in time at which such transfer or withdrawal is comple | ||||
| > | te; | ||||
| 1161 | 1836 | ||||
| 1162 | " **RPAA** " means the Retail Payment Activities Act (Canada); | 1837 | " **RPAA** " means the Retail Payment Activities Act (Canada); | ||
| 1163 | 1838 | ||||
| n | 1164 | " **Trust Account** " means a segregated omnibus trust account maintained by and | n | 1839 | " **Trust Account** " means a segregated omnibus trust account maintained by and |
| > | in the name of the Trustee as trustee on behalf of the Beneficiaries at a Finan | > | in | ||
| > | cial Institution; | ||||
| 1840 | the name of the Trustee as trustee on behalf of the Beneficiaries at a Financia | ||||
| > | l Institution; | ||||
| 1165 | 1841 | ||||
| n | 1166 | " **Trustee** " means the person or entity appointed by eCCA pursuant to the Dec | n | 1842 | " **Trustee** " means the person or entity appointed by eCCA pursuant to the |
| > | laration of Trust as trustee of the eCCA Trust and any successor or replacement | ||||
| > | trustee; | ||||
| 1843 | Declaration of Trust as trustee of the eCCA Trust and any successor or replacem | ||||
| > | ent trustee; | ||||
| 1167 | 1844 | ||||
| n | 1168 | " **Trust Property** " means (i) all Client Funds, and (ii) any other property h | n | 1845 | " **Trust Property** " means (i) all Client Funds, and (ii) any other property h |
| > | eld in trust pursuant to the Declaration of Trust. | > | eld in | ||
| 1846 | trust pursuant to the Declaration of Trust. | ||||
| 1169 | 1847 | ||||
| 1170 | #### Trust Arrangement; Safeguarding of Funds | 1848 | #### Trust Arrangement; Safeguarding of Funds | ||
| 1171 | 1849 | ||||
| n | 1172 | - eCCA has established the eCCA Trust for purposes of holding and safeguarding e | n | 1850 | - eCCA has established the eCCA Trust for purposes of holding and safeguarding e |
| > | nd-user funds in trust, including Client Funds. By using the Payment Services, y | > | nd-user funds in | ||
| > | ou intend for your Client Funds to be held in the eCCA Trust in trust for your b | ||||
| > | enefit and eCCA agrees to hold your | ||||
| 1173 | Client Funds in the eCCA Trust, in trust, in accordance with these Payments Ter | 1851 | trust, including Client Funds. By using the Payment Services, you intend for yo | ||
| > | ms of Use and the Declaration of Trust. eCCA has been appointed as the initial T | > | ur Client Funds | ||
| > | rustee of the eCCA Trust. You acknowledge that eCCA has the right to replace the | ||||
| > | Trustee with one or more successor | ||||
| 1852 | to be held in the eCCA Trust in trust for your benefit and eCCA agrees to hold | ||||
| > | your | ||||
| 1853 | Client Funds in the eCCA Trust, in trust, in accordance with these Payments Ter | ||||
| > | ms of Use and the | ||||
| 1854 | Declaration of Trust. eCCA has been appointed as the initial Trustee of the eCC | ||||
| > | A Trust. You | ||||
| 1855 | acknowledge that eCCA has the right to replace the Trustee with one or more suc | ||||
| > | cessor | ||||
| 1174 | Trustees at any time, in each case, in its sole discretion, and, except where p | 1856 | Trustees at any time, in each case, in its sole discretion, and, except where p | ||
| > | rohibited by applicable law, without prior notice to or consent from you. | > | rohibited by | ||
| 1175 | - Once your Client Funds are received by eCCA and have cleared and settled and a | 1857 | applicable law, without prior notice to or consent from you. | ||
| > | ll applicable hold periods have expired, your Client Funds will be deposited and | ||||
| > | held in the eCCA Trust, in trust, by the Trustee in one or more Trust Accounts | ||||
| > | with a Financial Institution | ||||
| 1176 | designated by the Trustee in its sole discretion. The Trustee will deposit and | 1858 | - Once your Client Funds are received by eCCA and have cleared and settled and a | ||
| > | hold your Client Funds in such Trust Account separate and apart from the Trustee | > | ll applicable hold | ||
| > | ’s own property and eCCA’s property. The Trustee will record the Client Funds be | ||||
| > | neficially owned by you | ||||
| 1177 | in the ledger maintained by the Trustee for this purpose. Neither eCCA nor the | 1859 | periods have expired, your Client Funds will be deposited and held in the eCCA | ||
| > | Trustee may use your Client Funds in the conduct of its business. Neither eCCA n | > | Trust, in trust, | ||
| > | or the Trustee may loan, hypothecate, pledge, or otherwise encumber your Client | ||||
| > | Funds. | ||||
| 1178 | - Until your funds are received by eCCA and have cleared and settled and all app | 1860 | by the Trustee in one or more Trust Accounts with a Financial Institution | ||
| > | licable hold periods have expired, your funds are In-Transit. In-Transit funds a | ||||
| > | re not held in trust by the Trustee. | ||||
| 1179 | - Subject to any payment instructions you provide to eCCA, you authorize eCCA an | 1861 | designated by the Trustee in its sole discretion. The Trustee will deposit and | ||
| > | d the Trustee to: (a) transfer your Client Funds to and from Trust Accounts, and | > | hold your Client | ||
| > | to and from eCCA settlement accounts in its discretion without notice to you; a | ||||
| > | nd (b) in connection with such | ||||
| 1180 | transfers to submit instructions and disclose your personal information (includ | 1862 | Funds in such Trust Account separate and apart from the Trustee’s own property | ||
| > | ing electronic transaction information) to: (i) the Financial Institutions; (ii) | > | and | ||
| > | third party service providers; and (iii) eCCA and/or the Trustee, as applicable | ||||
| > | . | ||||
| 1863 | eCCA’s property. The Trustee will record the Client Funds beneficially owned by | ||||
| > | you | ||||
| 1864 | in the ledger maintained by the Trustee for this purpose. Neither eCCA nor the | ||||
| > | Trustee may use | ||||
| 1865 | your Client Funds in the conduct of its business. Neither eCCA nor the Trustee | ||||
| > | may loan, | ||||
| 1866 | hypothecate, pledge, or otherwise encumber your Client Funds. | ||||
| 1867 | - Until your funds are received by eCCA and have cleared and settled and all app | ||||
| > | licable hold | ||||
| 1868 | periods have expired, your funds are In-Transit. In-Transit funds are not held | ||||
| > | in trust by the | ||||
| 1869 | Trustee. | ||||
| 1870 | - Subject to any payment instructions you provide to eCCA, you authorize eCCA an | ||||
| > | d the Trustee to: | ||||
| 1871 | (a) transfer your Client Funds to and from Trust Accounts, and to and from eCCA | ||||
| > | settlement | ||||
| 1872 | accounts in its discretion without notice to you; and (b) in connection with su | ||||
| > | ch | ||||
| 1873 | transfers to submit instructions and disclose your personal information (includ | ||||
| > | ing electronic | ||||
| 1874 | transaction information) to: (i) the Financial Institutions; (ii) third party s | ||||
| > | ervice providers; | ||||
| 1875 | and (iii) eCCA and/or the Trustee, as applicable. | ||||
| 1181 | - Funds that are withdrawn from the Trust Account will become In-Transit funds a | 1876 | - Funds that are withdrawn from the Trust Account will become In-Transit funds a | ||
| > | nd will no longer be Trust Property. | > | nd will no | ||
| 1877 | longer be Trust Property. | ||||
| 1182 | - You acknowledge and agree that: | 1878 | - You acknowledge and agree that: | ||
| 1183 | 1879 | ||||
| 1184 | 1880 | ||||
| n | 1185 | eCCA is not a bank or a Financial Institution and is not itself a Canada Deposit | n | 1881 | eCCA is not a bank or a Financial Institution and is not itself a Canada Deposit |
| > | Insurance Corporation member institution; | > | Insurance | ||
| 1186 | eCCA is not a professional trustee and funds held in a Trust Account are not eli | 1882 | Corporation member institution; | ||
| > | gible for Canada Deposit Insurance Corporation insurance protection at the benef | ||||
| > | iciary level; and | ||||
| 1883 | eCCA is not a professional trustee and funds held in a Trust Account are not eli | ||||
| > | gible for | ||||
| 1884 | Canada Deposit Insurance Corporation insurance protection at the beneficiary le | ||||
| > | vel; and | ||||
| 1187 | funds In-Transit are not Trust Property, are not held in trust and are not held | 1885 | funds In-Transit are not Trust Property, are not held in trust and are not held | ||
| > | in a Trust Account. | > | in a Trust | ||
| 1886 | Account. | ||||
| 1188 | 1887 | ||||
| n | 1189 | You also acknowledge and agree that any interest or other investment income or e | n | 1888 | You also acknowledge and agree that any interest or other investment income or e |
| > | arnings that may be earned on the Client Funds held in a Trust Account (" **Inte | > | arnings that may | ||
| > | rest** ") are owned by eCCA and do not form part of the Trust Property. You here | ||||
| > | by assign, transfer and | ||||
| 1190 | convey over to eCCA any and all rights to such Interest and acknowledge and agr | 1889 | be earned on the Client Funds held in a Trust Account (" **Interest** ") are ow | ||
| > | ee that you have received good and sufficient consideration (with nominal value) | > | ned by | ||
| > | for such assignment. Neither the eCCA nor the Trustee will have any duty to inv | ||||
| > | est the Client Funds other than the | ||||
| 1890 | eCCA and do not form part of the Trust Property. You hereby assign, transfer an | ||||
| > | d | ||||
| 1891 | convey over to eCCA any and all rights to such Interest and acknowledge and agr | ||||
| > | ee that you have | ||||
| 1892 | received good and sufficient consideration (with nominal value) for such assign | ||||
| > | ment. Neither the | ||||
| 1893 | eCCA nor the Trustee will have any duty to invest the Client Funds other than t | ||||
| > | he | ||||
| 1191 | obligation to deposit the Client Funds into one or more Trust Accounts in accor | 1894 | obligation to deposit the Client Funds into one or more Trust Accounts in accor | ||
| > | dance with Section 3.2(b). | > | dance with Section | ||
| 1895 | 3.2(b). | ||||
| 1192 | 1896 | ||||
| 1193 | ### 4. Legal Disputes | 1897 | ### 4. Legal Disputes | ||
| 1194 | 1898 | ||||
| n | 1195 | **PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUB | n | 1899 | **PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUB |
| > | STANTIAL IMPACT ON HOW CLAIMS YOU AND EBAY HAVE AGAINST EACH OTHER ARE RESOLVED. | > | STANTIAL | ||
| > | ** | ||||
| 1900 | IMPACT ON HOW CLAIMS YOU AND EBAY HAVE AGAINST EACH OTHER ARE RESOLVED.** | ||||
| 1196 | 1901 | ||||
| n | 1197 | You and eCCA agree that any claim or dispute at law or equity that has arisen, o | n | 1902 | You and eCCA agree that any claim or dispute at law or equity that has arisen, o |
| > | r may arise, between you and eCCA (including any claim or dispute between you an | > | r may arise, between | ||
| > | d a third-party agent of eCCA) that relates in any way to or arises out of this | ||||
| > | or previous versions of these Payments | ||||
| 1198 | Terms of Use, your use of or access to the Payment Services, the actions of eCC | 1903 | you and eCCA (including any claim or dispute between you and a third-party agen | ||
| > | A or its agents, will be resolved in accordance with the provisions set forth in | > | t of eCCA) that | ||
| > | this Legal Disputes Section. | ||||
| 1904 | relates in any way to or arises out of this or previous versions of these Payme | ||||
| > | nts | ||||
| 1905 | Terms of Use, your use of or access to the Payment Services, the actions of eCC | ||||
| > | A or its agents, will | ||||
| 1906 | be resolved in accordance with the provisions set forth in this Legal Disputes | ||||
| > | Section. | ||||
| 1199 | 1907 | ||||
| n | 1200 | - **Law and Forum for Disputes if you do not reside in Quebec –** These Payments | n | 1908 | - **Law and Forum for Disputes if you do not reside in Quebec –** These Payments |
| > | Terms of Use and any dispute or claim you have against eBay shall be governed i | ||||
| > | n all respects by the laws of the Province of Ontario and the federal laws of Ca | ||||
| > | nada applicable | ||||
| 1201 | therein. Except as otherwise agreed by the parties or as described in the Arbit | 1909 | Terms of Use and any dispute or claim you have against eBay shall be governed i | ||
| > | ration Option paragraph below you agree to submit to the jurisdiction of the cou | > | n all respects by | ||
| > | rts located in Toronto, Ontario for the resolution of and all claims or disputes | ||||
| > | you may have against eCCA. | ||||
| 1202 | - **Law and Forum for Disputes if you reside in Quebec –** These Payments Terms | 1910 | the laws of the Province of Ontario and the federal laws of Canada applicable | ||
| > | of Use and any dispute or claim you have against eCCA shall be governed in all r | ||||
| > | espects by the laws of the Province of Quebec and the federal laws of Canada app | ||||
| > | licable therein. | ||||
| 1203 | - **Arbitration Option –** For any dispute or claim (excluding claims for injunc | 1911 | therein. Except as otherwise agreed by the parties or as described in the Arbit | ||
| > | tive or other equitable relief) where the total amount of monetary relief sought | > | ration Option | ||
| > | is less than CDN$15,000, the parties may elect to resolve the dispute in a cost | ||||
| > | -effective manner | ||||
| 1204 | through binding arbitration. In the event that the parties agree to arbitration | 1912 | paragraph below you agree to submit to the jurisdiction of the courts located i | ||
| > | , such arbitration shall be conducted pursuant to the simplified arbitration pro | > | n Toronto, Ontario | ||
| > | cedure set out in the arbitration rules of the ADR Institute of Canada, in force | ||||
| > | at the time of the dispute. Unless | ||||
| 1205 | the parties agree or the arbitrator determines otherwise, the arbitration shall | 1913 | for the resolution of and all claims or disputes you may have against eCCA. | ||
| > | not involve any personal appearance by the parties or witnesses and shall be co | ||||
| > | nducted by telephone, online and/or be solely based on written submissions. Any | ||||
| > | judgement on the award rendered by | ||||
| 1914 | - **Law and Forum for Disputes if you reside in Quebec –** These Payments Terms | ||||
| 1915 | of Use and any dispute or claim you have against eCCA shall be governed in all | ||||
| > | respects by the | ||||
| 1916 | laws of the Province of Quebec and the federal laws of Canada applicable therei | ||||
| > | n. | ||||
| 1917 | - **Arbitration Option –** For any dispute or claim (excluding claims for | ||||
| 1918 | injunctive or other equitable relief) where the total amount of monetary relief | ||||
| > | sought is less | ||||
| 1919 | than CDN$15,000, the parties may elect to resolve the dispute in a cost-effecti | ||||
| > | ve manner | ||||
| 1920 | through binding arbitration. In the event that the parties agree to arbitration | ||||
| > | , such arbitration | ||||
| 1921 | shall be conducted pursuant to the simplified arbitration procedure set out in | ||||
| > | the arbitration | ||||
| 1922 | rules of the ADR Institute of Canada, in force at the time of the dispute. Unle | ||||
| > | ss | ||||
| 1923 | the parties agree or the arbitrator determines otherwise, the arbitration shall | ||||
| > | not involve any | ||||
| 1924 | personal appearance by the parties or witnesses and shall be conducted by telep | ||||
| > | hone, online and/or | ||||
| 1925 | be solely based on written submissions. Any judgement on the award rendered by | ||||
| 1206 | the arbitrator may be entered in any court of competent jurisdiction. | 1926 | the arbitrator may be entered in any court of competent jurisdiction. | ||
| 1207 | 1927 | ||||
| n | 1208 | **Improperly Filed Claims –** All claims you bring against eCCA must be resolved | n | 1928 | **Improperly Filed Claims –** All claims you bring against eCCA must be resolved |
| > | in accordance with this Resolution of Disputes Section. All claims filed or bro | ||||
| > | ught contrary to the Resolution of Disputes Section shall be considered improper | ||||
| > | ly filed. Should | ||||
| 1209 | you file a claim contrary to the Resolution of Disputes Section, eCCA may recov | 1929 | in accordance with this Resolution of Disputes Section. All claims filed or bro | ||
| > | er attorneys' fees and costs up to CDN$1500, provided that eBay has notified you | > | ught contrary to the | ||
| > | in writing of the improperly filed claim, and you have failed to promptly withd | ||||
| > | raw the claim. Except as stated | ||||
| 1930 | Resolution of Disputes Section shall be considered improperly filed. Should | ||||
| 1931 | you file a claim contrary to the Resolution of Disputes Section, eCCA may recov | ||||
| > | er attorneys' fees | ||||
| 1932 | and costs up to CDN$1500, provided that eBay has notified you in writing of the | ||||
| > | improperly filed | ||||
| 1933 | claim, and you have failed to promptly withdraw the claim. Except as stated | ||||
| 1210 | otherwise, legal notices to eCCA shall be served on eCCA's national registered | 1934 | otherwise, legal notices to eCCA shall be served on eCCA's national registered | ||
| > | agent. | > | agent. | ||
| 1211 | 1935 | ||||
| n | 1212 | **[Does not apply if you reside in Quebec]** Any translation of these Payments T | n | 1936 | **[Does not apply if you reside in Quebec]** Any translation of these Payments T |
| > | erms of Use and all related documents is done for our users' convenience and in | > | erms of | ||
| > | the event of a dispute between the English and French version, the English versi | ||||
| > | on of these Payments | ||||
| 1937 | Use and all related documents is done for our users' convenience and in the eve | ||||
| > | nt of a dispute | ||||
| 1938 | between the English and French version, the English version of these Payments | ||||
| 1213 | Terms of Use and all related documents shall govern. | 1939 | Terms of Use and all related documents shall govern. | ||
| 1214 | 1940 | ||||
| n | 1215 | If you are a resident of the Province of Quebec, the following clause applies: T | n | 1941 | If you are a resident of the Province of Quebec, the following clause applies: T |
| > | he parties hereby confirm that they have requested that these Payments Terms of | > | he parties hereby | ||
| > | Use and all related documents be drafted in English. Les parties ont exigé que l | ||||
| > | a présente convention et | ||||
| 1942 | confirm that they have requested that these Payments Terms of Use and all relat | ||||
| > | ed documents be | ||||
| 1943 | drafted in English. Les parties ont exigé que la présente convention et | ||||
| 1216 | tous les documents afférents soient rédigés en langue anglaise. | 1944 | tous les documents afférents soient rédigés en langue anglaise. | ||
| 1217 | 1945 | ||||
| 1218 | ## V. ADDITIONAL TERMS FOR SERVICES PROVIDED BY ECA | 1946 | ## V. ADDITIONAL TERMS FOR SERVICES PROVIDED BY ECA | ||
| 1219 | 1947 | ||||
| n | 1220 | In addition to the General Payments Terms above, the following provisions apply | n | 1948 | In addition to the General Payments Terms above, the following provisions apply |
| > | with respect to Payment Services you receive from eCA. Within this section, “ ** | > | with respect to Payment | ||
| > | we** ” or “ **us** ” refers to eCA. | ||||
| 1949 | Services you receive from eCA. Within this section, “ **we** ” or | ||||
| 1950 | “ **us** ” refers to eCA. | ||||
| 1221 | 1951 | ||||
| n | 1222 | As between you and eCA, these Payments Terms of Use incorporate by this referenc | n | 1952 | As between you and eCA, these Payments Terms of Use incorporate by this referenc |
| > | e the User Agreement . In the event of any conflict between the User Agreement a | > | e the User | ||
| > | nd these Payments Terms of Use, these Payments Terms of Use will govern. | ||||
| 1953 | Agreement . In the event of any conflict between the User | ||||
| 1954 | Agreement and these Payments Terms of Use, these Payments Terms of Use will gov | ||||
| > | ern. | ||||
| 1223 | 1955 | ||||
| n | 1224 | We may change, discontinue, enhance, or modify features of Managed Payments at a | n | 1956 | We may change, discontinue, enhance, or modify features of Managed Payments at a |
| > | ny time. If eCA is your Payout Entity, we will notify you of any material change | > | ny time. If eCA is your | ||
| > | s or modifications to the features of Managed Payments through eBay messages (in | ||||
| > | My eBay) or directly to the email address | ||||
| 1957 | Payout Entity, we will notify you of any material changes or modifications to t | ||||
| > | he features of Managed | ||||
| 1958 | Payments through eBay messages (in My eBay) or directly to the email address | ||||
| 1225 | linked to your account. | 1959 | linked to your account. | ||
| 1226 | 1960 | ||||
| 1227 | Expand Part V | 1961 | Expand Part V | ||
| 1228 | ### 1. Disabling Payment Methods | 1962 | ### 1. Disabling Payment Methods | ||
| 1229 | 1963 | ||||
| n | 1230 | We may disable specific payment method(s) available to buyers for all or some of | n | 1964 | 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 | > | your listings if we | ||
| > | transactions will increase regulatory, financial, or other risk to us. For exam | ||||
| > | ple, if you would like to offer a | ||||
| 1231 | high-priced item with a new eBay account, we may disable such payment methods w | 1965 | reasonably believe the use of such payment methods for your transactions will i | ||
| > | here the amount is credited with a time delay after the transaction (e.g. Buy No | > | ncrease regulatory, | ||
| > | w Pay Later). In assessing the risk, we consider relevant factors such as your s | ||||
| > | ales history, service status, eBay | ||||
| 1232 | account history, risks associated with certain item categories, transaction val | 1966 | financial, or other risk to us. For example, if you would like to offer a | ||
| > | ue, and number and monetary amounts of eMBG cases. We will re-enable the affecte | ||||
| > | d payment method(s) for your listings once the risk no longer exists. | ||||
| 1967 | high-priced item with a new eBay account, we may disable such payment methods w | ||||
| > | here the amount is | ||||
| 1968 | credited with a time delay after the transaction (e.g. Buy Now Pay Later). In a | ||||
| > | ssessing the risk, we | ||||
| 1969 | consider relevant factors such as your sales history, service status, eBay | ||||
| 1970 | account history, risks associated with certain item categories, transaction val | ||||
| > | ue, and number and | ||||
| 1971 | monetary amounts of eMBG cases. We will re-enable the affected payment method(s | ||||
| > | ) for your listings | ||||
| 1972 | once the risk no longer exists. | ||||
| 1233 | 1973 | ||||
| 1234 | ### 2. Unsuccessful Direct Debits | 1974 | ### 2. Unsuccessful Direct Debits | ||
| 1235 | 1975 | ||||
| n | 1236 | We will charge your account an AUD 8.00 fee by way of a separate debit for every | n | 1976 | 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 | > | debit transaction | ||
| > | your financial institution. We shall have no liability to you whatsoever caused | ||||
| > | by a dishonored debit. | ||||
| 1977 | for an Owed Amount that is unsuccessful or returned unpaid by your financial in | ||||
| > | stitution. We shall | ||||
| 1978 | have no liability to you whatsoever caused by a dishonored debit. | ||||
| 1237 | 1979 | ||||
| 1238 | ### 3. Legal Disputes | 1980 | ### 3. Legal Disputes | ||
| 1239 | 1981 | ||||
| n | 1240 | If a dispute arises between you and eCA, our goal is to provide you with a neutr | n | 1982 | If a dispute arises between you and eCA, our goal is to provide you with a neutr |
| > | al and cost-effective means of resolving the dispute quickly. We strongly encour | > | al and | ||
| > | age you to first contact us to seek a resolution. If your dispute is not resolve | ||||
| > | d by contacting Customer Service, all legal notices and formal disputes should b | ||||
| > | e sent to eCA's registered | ||||
| 1241 | agent in accordance with the “ **Notices** ” Section below. We will consider re | 1983 | cost-effective means of resolving the dispute quickly. We strongly encourage yo | ||
| > | asonable requests to resolve the dispute through alternative dispute resolution | > | u to first contact | ||
| > | procedures, such as mediation or arbitration, as alternatives to litigation. | ||||
| 1984 | us to seek a resolution. If your dispute is not resolved by contacting Customer | ||||
| > | Service, all | ||||
| 1985 | legal notices and formal disputes should be sent to eCA's registered | ||||
| 1986 | agent in accordance with the “ **Notices** ” Section below. We will consider | ||||
| 1987 | reasonable requests to resolve the dispute through alternative dispute resoluti | ||||
| > | on procedures, such | ||||
| 1988 | as mediation or arbitration, as alternatives to litigation. | ||||
| 1242 | 1989 | ||||
| 1243 | #### Law and Forum for Legal Disputes | 1990 | #### Law and Forum for Legal Disputes | ||
| 1244 | 1991 | ||||
| n | 1245 | These Payments Terms of Use will be governed in all respects by the laws of New | n | 1992 | 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 mediat | > | South Wales. We | ||
| > | ion (such as online dispute resolution processes). If a dispute cannot be resolv | ||||
| > | ed then you and eCA irrevocably | ||||
| 1993 | encourage you to try and resolve disputes using certified mediation (such as on | ||||
| > | line dispute | ||||
| 1994 | resolution processes). If a dispute cannot be resolved then you and eCA irrevoc | ||||
| > | ably | ||||
| 1246 | submit to the non-exclusive jurisdiction of the courts of New South Wales, Aust | 1995 | submit to the non-exclusive jurisdiction of the courts of New South Wales, Aust | ||
| > | ralia. | > | ralia. | ||
| 1247 | 1996 | ||||
| 1248 | #### Notices | 1997 | #### Notices | ||
| 1249 | 1998 | ||||
| n | 1250 | Legal notices must be served on eCA’s registered agent (in eCA’s case) or to the | n | 1999 | 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 wi | > | registered email | ||
| > | ll be deemed given 24 hours after email is sent, unless the sending party is not | ||||
| > | ified that the email address is | ||||
| 1251 | invalid or that the email has not been delivered. Alternatively, we may give yo | 2000 | address associated with your account (in your case). Notice will be deemed give | ||
| > | u legal notice by mail to the address provided by you during the registration pr | > | n 24 hours after | ||
| > | ocess. In such case, notice will be deemed given three business days after the d | ||||
| > | ate of mailing. | ||||
| 2001 | email is sent, unless the sending party is notified that the email address is | ||||
| 2002 | invalid or that the email has not been delivered. Alternatively, we may give yo | ||||
| > | u legal notice by | ||||
| 2003 | mail to the address provided by you during the registration process. In such ca | ||||
| > | se, notice will be | ||||
| 2004 | deemed given three business days after the date of mailing. | ||||
| 1252 | 2005 | ||||
| n | 1253 | Any notices to eCA's registered agent must be given by registered ordinary post | n | 2006 | Any notices to eCA's registered agent must be given by registered ordinary post |
| > | (or if posted to or from a place outside Australia, by registered airmail) to eB | > | (or if posted to | ||
| > | ay Commerce Australia Pty Ltd c/o Mills Oakley, Level 7, 151 Clarence Street, Sy | ||||
| > | dney NSW 2000. | ||||
| 2007 | or from a place outside Australia, by registered airmail) to eBay Commerce Aust | ||||
| > | ralia Pty Ltd c/o | ||||
| 2008 | Mills Oakley, Level 7, 151 Clarence Street, Sydney NSW 2000. | ||||
| 1254 | 2009 | ||||
| 1255 | ## VI. ADDITIONAL TERMS FOR SERVICES PROVIDED BY ECUK | 2010 | ## VI. ADDITIONAL TERMS FOR SERVICES PROVIDED BY ECUK | ||
| 1256 | 2011 | ||||
| n | 1257 | In addition to the General Payments Terms above, the following provisions apply | n | 2012 | In addition to the General Payments Terms above, the following provisions apply |
| > | with respect to Payment Services you receive from eCUK. Within this section, “ * | > | with respect to Payment | ||
| > | *we** ” or “ **us** ” refers to ECUK. | ||||
| 2013 | Services you receive from eCUK. Within this section, “ **we** ” or | ||||
| 2014 | “ **us** ” refers to ECUK. | ||||
| 1258 | 2015 | ||||
| n | 1259 | As between you and eCUK, these Payments Terms of Use incorporate by this referen | n | 2016 | As between you and eCUK, these Payments Terms of Use incorporate by this referen |
| > | ce the provisions of the User Agreement to the extent applicable to this agreeme | > | ce the provisions of the User | ||
| > | nt. In the event of any | ||||
| 2017 | Agreement to the extent applicable to this agreement. In the event of any | ||||
| 2018 | conflict between the User | ||||
| 1260 | conflict between the User Agreement and these Payments Terms of Use, these Paym | 2019 | Agreement and these Payments Terms of Use, these Payments Terms of Use will gov | ||
| > | ents Terms of Use will govern. | > | ern. | ||
| 1261 | 2020 | ||||
| 1262 | Expand Part VI | 2021 | Expand Part VI | ||
| 1263 | ### 1. Business users | 2022 | ### 1. Business users | ||
| 1266 | 2025 | ||||
| 1267 | **For the purposes of these Payments Terms of Use:** | 2026 | **For the purposes of these Payments Terms of Use:** | ||
| 1268 | 2027 | ||||
| n | 1269 | - A micro-enterprise is an enterprise, which employs fewer than 10 persons, and | n | 2028 | - A micro-enterprise is an enterprise, which employs fewer than 10 persons, and |
| > | has a turnover or annual balance sheet that does not exceed €2 million; | > | has a turnover or | ||
| 1270 | - A charity is a body whose annual income is less than £1 million and is a chari | 2029 | annual balance sheet that does not exceed €2 million; | ||
| > | ty as defined in England and Wales by section 1(1) of the Charities Act 2011, in | ||||
| > | Scotland by section 106 of the Charities and Trustee Investment (Scotland) Act | ||||
| > | 2005, or in Northern Ireland by | ||||
| 2030 | - A charity is a body whose annual income is less than £1 million and is a chari | ||||
| > | ty as defined | ||||
| 2031 | in England and Wales by section 1(1) of the Charities Act 2011, in Scotland by | ||||
| > | section 106 of the | ||||
| 2032 | Charities and Trustee Investment (Scotland) Act 2005, or in Northern Ireland by | ||||
| 1271 | section 1(1) of the Charities Act (Northern Ireland) 2008; and | 2033 | section 1(1) of the Charities Act (Northern Ireland) 2008; and | ||
| 1272 | - A consumer is an individual acting for purposes other than a trade, business o | 2034 | - A consumer is an individual acting for purposes other than a trade, business o | ||
| > | r profession. | > | r profession. | ||
| 1273 | 2035 | ||||
| n | 1274 | If you become a micro-enterprise, charity or consumer, you should immediately no | n | 2036 | If you become a micro-enterprise, charity or consumer, you should immediately no |
| > | tify us, and the terms applying to those customers (as indicated in these Paymen | > | tify us, and the | ||
| > | ts Terms of Use) will apply to you. If you are no longer a micro-enterprise, cha | ||||
| > | rity or consumer, then you should | ||||
| 1275 | notify us immediately, and the terms applying to those customers (as indicated | 2037 | terms applying to those customers (as indicated in these Payments Terms of Use) | ||
| > | in these Payments Terms of Use) will no longer apply to you. | > | will apply to you. | ||
| 2038 | If you are no longer a micro-enterprise, charity or consumer, then you should | ||||
| 2039 | notify us immediately, and the terms applying to those customers (as indicated | ||||
| > | in these Payments | ||||
| 2040 | Terms of Use) will no longer apply to you. | ||||
| 1276 | 2041 | ||||
| 1277 | **Provided that you are not a micro-enterprise, charity or consumer, you agree t | 2042 | **Provided that you are not a micro-enterprise, charity or consumer, you agree t | ||
| > | hat:** | > | hat:** | ||
| 1278 | 2043 | ||||
| n | 1279 | - Part 6 and regulations 66(1), 67(3) and (4), 75, 77, 79, 80, 83, 91, 92, and 9 | n | 2044 | - Part 6 and regulations 66(1), 67(3) and (4), 75, 77, 79, 80, 83, 91, 92, and 9 |
| > | 4 of the Payment Services Regulations 2017 do not apply in respect of these Paym | > | 4 of the Payment | ||
| > | ents Terms of Use; | ||||
| 1280 | - If you become aware of any unauthorised transactions then you will notify eCUK | 2045 | Services Regulations 2017 do not apply in respect of these Payments Terms of Us | ||
| > | by contacting the Customer Service via any of the available communication metho | > | e; | ||
| > | ds (e.g. Contact Us form, chat) without undue delay, and in any event no later t | ||||
| > | han sixty (60) days after the debit | ||||
| 2046 | - If you become aware of any unauthorised transactions then you will notify eCUK | ||||
| > | by contacting the | ||||
| 2047 | Customer Service via any of the available communication methods (e.g. Contact U | ||||
| > | s form, chat) | ||||
| 2048 | without undue delay, and in any event no later than sixty (60) days after the d | ||||
| > | ebit | ||||
| 1281 | date; | 2049 | date; | ||
| n | 1282 | - eCUK will not be liable to you for any unauthorized transaction unless you hav | n | 2050 | - eCUK will not be liable to you for any unauthorized transaction unless you hav |
| > | e notified it in accordance with (b) above; | > | e notified it in | ||
| 2051 | accordance with (b) above; | ||||
| 1283 | - eCUK will not be liable to you for any unauthorized transaction if it has reas | 2052 | - eCUK will not be liable to you for any unauthorized transaction if it has reas | ||
| > | onable grounds to suspect that you have acted fraudulently. | > | onable grounds to | ||
| 2053 | suspect that you have acted fraudulently. | ||||
| 1284 | 2054 | ||||
| 1285 | ### 2. Payment Service; Disabling Payment Methods | 2055 | ### 2. Payment Service; Disabling Payment Methods | ||
| 1286 | 2056 | ||||
| n | 1287 | You authorize eCUK to acquire and settle payments that it receives on your behal | n | 2057 | You authorize eCUK to acquire and settle payments that it receives on your behal |
| > | f. When you sell an item on eBay, you are deemed to be a payee, with eCUK acting | > | f. When you sell an | ||
| > | as your payment service provider. In a refund, chargeback, or similar scenario, | ||||
| > | or if you use your funds to pay, you | ||||
| 2058 | item on eBay, you are deemed to be a payee, with eCUK acting as your payment se | ||||
| > | rvice provider. In a | ||||
| 2059 | refund, chargeback, or similar scenario, or if you use your funds to pay, you | ||||
| 1288 | may be deemed to be a payer, again with eCUK acting as your payment service pro | 2060 | may be deemed to be a payer, again with eCUK acting as your payment service pro | ||
| > | vider. | > | vider. | ||
| 1289 | 2061 | ||||
| n | 1290 | Unless subject to a hold as described in these Payments Terms of Use, your trans | n | 2062 | Unless subject to a hold as described in these Payments Terms of Use, your trans |
| > | action proceeds will generally be available for settlement to your Payout Entity | > | action proceeds will | ||
| > | or your E-Money Account (as defined below) within one to two business days afte | ||||
| > | r buyer payment is confirmed in | ||||
| 1291 | checkout, although actual availability may vary depending on the buyer’s paymen | 2063 | generally be available for settlement to your Payout Entity or your E-Money Acc | ||
| > | t method and when the payment is received by us. In some cases (for example, if | > | ount (as defined | ||
| > | you are a new seller on eBay, or if you are a private seller in the UK), funds m | ||||
| > | ay become available for | ||||
| 2064 | below) within one to two business days after buyer payment is confirmed in | ||||
| 2065 | checkout, although actual availability may vary depending on the buyer’s paymen | ||||
| > | t method and | ||||
| 2066 | when the payment is received by us. In some cases (for example, if you are a ne | ||||
| > | w seller on eBay, or | ||||
| 2067 | if you are a private seller in the UK), funds may become available for | ||||
| 1292 | disbursement after the item is deemed delivered, as described in this help page | 2068 | disbursement after the item is deemed delivered, as described in this help page | ||
| > | . | > | . | ||
| 1293 | 2069 | ||||
| n | 1294 | If eCUK is your Payout Entity, eCUK will issue electronic money to you on receip | n | 2070 | If eCUK is your Payout Entity, eCUK will issue electronic money to you on receip |
| > | t of funds received following the settlement process described above and will op | > | t of funds received | ||
| > | en, hold and operate an electronic money account (the E-money Account) for you. | ||||
| > | You will only be able to fund your | ||||
| 1295 | E-Money Account using the amounts settled following your sale of an item on eBa | 2071 | following the settlement process described above and will open, hold and operat | ||
| > | y and by eCUK issuing electronic money to you on receipt of funds received follo | > | e an electronic money | ||
| > | wing the settlement process described above in respect of such sale. In some cir | ||||
| > | cumstances we may issue electronic | ||||
| 2072 | account (the E-money Account) for you. You will only be able to fund your | ||||
| 2073 | E-Money Account using the amounts settled following your sale of an item on eBa | ||||
| > | y and by eCUK issuing | ||||
| 2074 | electronic money to you on receipt of funds received following the settlement p | ||||
| > | rocess described | ||||
| 2075 | above in respect of such sale. In some circumstances we may issue electronic | ||||
| 1296 | money to you and allow you to use such electronic money to make payment transac | 2076 | money to you and allow you to use such electronic money to make payment transac | ||
| > | tions before funds have been credited to eCUK’s own account. | > | tions before funds | ||
| 2077 | have been credited to eCUK’s own account. | ||||
| 1297 | 2078 | ||||
| n | 1298 | From time to time, it may be possible for you to use your electronic money to ma | n | 2079 | From time to time, it may be possible for you to use your electronic money to ma |
| > | ke eligible purchases on ebay.co.uk. In such cases you will be deemed to be paye | > | ke eligible | ||
| > | r, and eCUK will be providing you with payment services related to the issuance | ||||
| > | of e-money. If you use your electronic | ||||
| 1299 | money to make an eligible purchase on ebay.co.uk, and are subsequently refunded | 2080 | purchases on ebay.co.uk. In such cases you will be deemed to be payer, and eCUK | ||
| > | in respect of such purchase, eCUK will issue you with electronic money on recei | > | will be providing | ||
| > | pt of the proceeds relating to the refund. | ||||
| 2081 | you with payment services related to the issuance of e-money. If you use your e | ||||
| > | lectronic | ||||
| 2082 | money to make an eligible purchase on ebay.co.uk, and are subsequently refunded | ||||
| > | in respect of such | ||||
| 2083 | purchase, eCUK will issue you with electronic money on receipt of the proceeds | ||||
| > | relating to the | ||||
| 2084 | refund. | ||||
| 1300 | 2085 | ||||
| n | 1301 | The acceptance of a buyer’s payment instrument (for example, their Visa card), o | n | 2086 | The acceptance of a buyer’s payment instrument (for example, their Visa card), o |
| > | nce it has been authorized for payment, satisfies the buyer’s payment obligation | > | nce it has | ||
| > | to you, regardless of whether we issue electronic money to you in respect of su | ||||
| > | ch sale to the buyer. In | ||||
| 1302 | the event that we do not issue electronic money to you as described in these Pa | 2087 | been authorized for payment, satisfies the buyer’s payment obligation to you, r | ||
| > | yments Terms of Use, you will have recourse against us only and not against the | > | egardless of | ||
| > | buyer. To the extent permissible under the rules of any third-party or governmen | ||||
| > | tal body with jurisdiction over us, you | ||||
| 2088 | whether we issue electronic money to you in respect of such sale to the buyer. | ||||
| > | In | ||||
| 2089 | the event that we do not issue electronic money to you as described in these Pa | ||||
| > | yments Terms of Use, | ||||
| 2090 | you will have recourse against us only and not against the buyer. To the extent | ||||
| > | permissible under | ||||
| 2091 | the rules of any third-party or governmental body with jurisdiction over us, yo | ||||
| > | u | ||||
| 1303 | agree that we are not liable for your acts and omissions and you understand tha | 2092 | agree that we are not liable for your acts and omissions and you understand tha | ||
| > | t we disclaim any such liability. | > | t we disclaim any | ||
| 2093 | such liability. | ||||
| 1304 | 2094 | ||||
| n | 1305 | We may disable specific payment method(s) available to buyers for all or some of | n | 2095 | 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 | > | your listings if we | ||
| > | transactions will increase regulatory, financial, or other risk to us. For exam | ||||
| > | ple, if you would like to offer a | ||||
| 1306 | high-priced item with a new eBay account, we may disable such payment methods w | 2096 | reasonably believe the use of such payment methods for your transactions will i | ||
| > | here the amount is credited with a time delay after the transaction (e.g. direct | > | ncrease regulatory, | ||
| > | debit or payment upon invoice). In assessing the risk, we consider relevant fac | ||||
| > | tors such as your sales history, | ||||
| 1307 | service status, eBay account history, risks associated with certain item catego | 2097 | financial, or other risk to us. For example, if you would like to offer a | ||
| > | ries, 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 long | ||||
| > | er exists. | ||||
| 2098 | high-priced item with a new eBay account, we may disable such payment methods w | ||||
| > | here the amount is | ||||
| 2099 | credited with a time delay after the transaction (e.g. direct debit or payment | ||||
| > | upon invoice). In | ||||
| 2100 | assessing the risk, we consider relevant factors such as your sales history, | ||||
| 2101 | service status, eBay account history, risks associated with certain item catego | ||||
| > | ries, transaction | ||||
| 2102 | value, and number and monetary amounts of eMBG cases. We will re-enable the aff | ||||
| > | ected payment | ||||
| 2103 | method(s) for your listings once the risk no longer exists. | ||||
| 1308 | 2104 | ||||
| 1309 | ### 3. Execution of Payment Transactions | 2105 | ### 3. Execution of Payment Transactions | ||
| 1310 | 2106 | ||||
| n | 1311 | When you, as a payee or payer, use Managed Payments, the payment transactions wi | n | 2107 | When you, as a payee or payer, use Managed Payments, the payment transactions wi |
| > | ll be executed in accordance with the payment schemes rules and procedures, or a | > | ll be executed in | ||
| > | s otherwise agreed. | ||||
| 2108 | accordance with the payment schemes rules and procedures, or as otherwise agree | ||||
| > | d. | ||||
| 1312 | 2109 | ||||
| 1313 | #### Required Information | 2110 | #### Required Information | ||
| 1314 | 2111 | ||||
| n | 1315 | You must ensure we are provided with the data required for us to execute the pay | n | 2112 | You must ensure we are provided with the data required for us to execute the pay |
| > | ment transaction. If we are executing a payment in respect of a refund owed to a | > | ment transaction. If | ||
| > | buyer (of an item you sell on eBay) and we do not have sufficient data to execu | ||||
| > | te such transaction we reserve the | ||||
| 2113 | we are executing a payment in respect of a refund owed to a buyer (of an item y | ||||
| > | ou sell on eBay) and | ||||
| 2114 | we do not have sufficient data to execute such transaction we reserve the | ||||
| 1316 | right to ask the buyer’s payment service provider for the required information. | 2115 | right to ask the buyer’s payment service provider for the required information. | ||
| 1317 | 2116 | ||||
| 1318 | We require the following information for the execution of a payment transaction: | 2117 | We require the following information for the execution of a payment transaction: | ||
| 1320 | - Your name, | 2119 | - Your name, | ||
| 1321 | - Your eBay username, | 2120 | - Your eBay username, | ||
| 1322 | - The buyer’s name (where applicable), | 2121 | - The buyer’s name (where applicable), | ||
| n | 1323 | - The buyer’s eBay username, and any other data about the buyer which the buyer’ | n | 2122 | - The buyer’s eBay username, and any other data about the buyer which the buyer’ |
| > | s payment service provider or we may require (where applicable), | > | s | ||
| 2123 | payment service provider or we may require (where applicable), | ||||
| 1324 | - The currency of the payment transaction (if possible, in abbreviated form), | 2124 | - The currency of the payment transaction (if possible, in abbreviated form), | ||
| 1325 | - The amount of the payment transaction, and | 2125 | - The amount of the payment transaction, and | ||
| 1326 | - The beneficiary’s payment details. | 2126 | - The beneficiary’s payment details. | ||
| 1327 | 2127 | ||||
| n | 1328 | We may also require specific information, such as a one-time authorization code | n | 2128 | We may also require specific information, such as a one-time authorization code |
| > | sent to your verified phone number or email address, to authenticate a payment t | > | sent to your | ||
| > | ransaction (or to allow you to access certain information related to Managed Pay | ||||
| > | ments on eBay). | ||||
| 2129 | verified phone number or email address, to authenticate a payment transaction ( | ||||
| > | or to allow you to | ||||
| 2130 | access certain information related to Managed Payments on eBay). | ||||
| 1329 | 2131 | ||||
| n | 1330 | To the extent reasonably possible, we will automatically utilize the information | n | 2132 | To the extent reasonably possible, we will automatically utilize the information |
| > | stored in our systems. Where the required information provided by you or (where | > | stored in our | ||
| > | applicable) the buyer is not fully available or is inaccurate, we will not bear | ||||
| > | any liability for any damage, delay, | ||||
| 2133 | systems. Where the required information provided by you or (where applicable) t | ||||
| > | he buyer is not fully | ||||
| 2134 | available or is inaccurate, we will not bear any liability for any damage, dela | ||||
| > | y, | ||||
| 1331 | or other consequence from the non-execution or defective execution of the relev | 2135 | or other consequence from the non-execution or defective execution of the relev | ||
| > | ant payment transaction. | > | ant payment | ||
| 2136 | transaction. | ||||
| 1332 | 2137 | ||||
| 1333 | #### Receipt of Payment Orders | 2138 | #### Receipt of Payment Orders | ||
| 1334 | 2139 | ||||
| 1335 | A payment order will be deemed to have been received by us if: | 2140 | A payment order will be deemed to have been received by us if: | ||
| 1336 | 2141 | ||||
| 1337 | - Carried out by means of a payment card, then in accordance with the card schem | 2142 | - Carried out by means of a payment card, then in accordance with the card schem | ||
| > | es rules; or | > | es rules; or | ||
| n | 1338 | - Received by our available electronic communication channels, then on the busin | n | 2143 | - Received by our available electronic communication channels, then on the busin |
| > | ess day when it is actually received by us. | > | ess day when it is | ||
| 2144 | actually received by us. | ||||
| 1339 | 2145 | ||||
| n | 1340 | If the payment order is not received on a business day, it will be deemed to be | n | 2146 | If the payment order is not received on a business day, it will be deemed to be |
| > | received on the next business day. “Business days” in this Part VI of these Paym | > | received on the | ||
| > | ents Terms of Use shall mean the days on which banks in London are open for regu | ||||
| > | lar business. | ||||
| 2147 | next business day. “Business days” in this Part VI of these Payments Terms of U | ||||
| > | se shall | ||||
| 2148 | mean the days on which banks in London are open for regular business. | ||||
| 1341 | 2149 | ||||
| n | 1342 | You may not revoke a payment order after we have received it. However, if we hav | n | 2150 | You may not revoke a payment order after we have received it. However, if we hav |
| > | e agreed that a payment order will be executed on a certain future date, the bus | > | e agreed that a | ||
| > | iness day prior to this future date will be the latest you can revoke the paymen | ||||
| > | t order. | ||||
| 2151 | payment order will be executed on a certain future date, the business day prior | ||||
| > | to this future date | ||||
| 2152 | will be the latest you can revoke the payment order. | ||||
| 1343 | 2153 | ||||
| 1344 | #### Refusal of Payment Orders | 2154 | #### Refusal of Payment Orders | ||
| 1345 | 2155 | ||||
| 1346 | We reserve the right to refuse the execution of a payment order when: | 2156 | We reserve the right to refuse the execution of a payment order when: | ||
| 1347 | 2157 | ||||
| 1348 | - The payment order information contains factual errors and/or is incomplete; | 2158 | - The payment order information contains factual errors and/or is incomplete; | ||
| n | 1349 | - You have not satisfied your obligations under these Payments Terms of Use or a | n | 2159 | - You have not satisfied your obligations under these Payments Terms of Use or a |
| > | ny other agreement between you and us; | > | ny other agreement | ||
| 2160 | between you and us; | ||||
| 1350 | - There are doubts about the validity of the instruction, or the identity or aut | 2161 | - There are doubts about the validity of the instruction, or the identity or aut | ||
| > | hority of the person giving the payment order; or | > | hority of the | ||
| 2162 | person giving the payment order; or | ||||
| 1351 | - The payment order, if executed, would lead to a breach of the applicable rules | 2163 | - The payment order, if executed, would lead to a breach of the applicable rules | ||
| > | , laws, or regulations. | > | , laws, or | ||
| 2164 | regulations. | ||||
| 1352 | 2165 | ||||
| 1353 | We may charge a reasonable fee for such a refusal. | 2166 | We may charge a reasonable fee for such a refusal. | ||
| 1354 | 2167 | ||||
| n | 1355 | You acknowledge that when executing a payment transaction, we may have to disclo | n | 2168 | You acknowledge that when executing a payment transaction, we may have to disclo |
| > | se information mentioned above and your legal address to the other party’s payme | > | se information | ||
| > | nt service provider and, where relevant, also to intermediaries involved in the | ||||
| > | execution of the payment | ||||
| 2169 | mentioned above and your legal address to the other party’s payment service pro | ||||
| > | vider and, | ||||
| 2170 | where relevant, also to intermediaries involved in the execution of the payment | ||||
| 1356 | transaction. You expressly accept and instruct us to disclose such data. | 2171 | transaction. You expressly accept and instruct us to disclose such data. | ||
| 1357 | 2172 | ||||
| n | 1358 | Where you are the payer, the execution of the transaction may depend on us havin | n | 2173 | Where you are the payer, the execution of the transaction may depend on us havin |
| > | g received the respective amount from you prior to the execution, or there being | > | g received the | ||
| > | sufficient funds in your E-Money Account to fund the transaction. | ||||
| 2174 | respective amount from you prior to the execution, or there being sufficient fu | ||||
| > | nds in your E-Money | ||||
| 2175 | Account to fund the transaction. | ||||
| 1359 | 2176 | ||||
| 1360 | ### 4. Redemption of E-Money | 2177 | ### 4. Redemption of E-Money | ||
| 1361 | 2178 | ||||
| n | 1362 | If we are your Payout Entity and provide you with an E-Money Account, we will, o | n | 2179 | If we are your Payout Entity and provide you with an E-Money Account, we will, o |
| > | n your instruction, redeem the electronic money held in your E-money Account and | > | n your instruction, | ||
| > | pay the proceeds of redemption (the monetary value of the electronic money you | ||||
| > | have redeemed) to your Linked | ||||
| 2180 | redeem the electronic money held in your E-money Account and pay the proceeds o | ||||
| > | f redemption (the | ||||
| 2181 | monetary value of the electronic money you have redeemed) to your Linked | ||||
| 1363 | Financial Account. | 2182 | Financial Account. | ||
| 1364 | 2183 | ||||
| n | 1365 | Payments to your Linked Financial Account will generally be initiated either aut | n | 2184 | Payments to your Linked Financial Account will generally be initiated either aut |
| > | omatically according to the schedule you have pre-selected (if scheduled payment | > | omatically according | ||
| > | s are available to you) or “on demand” based on an individual redemption instruc | ||||
| > | tion we receive from you. | ||||
| 1366 | However, if your E-money Account is not configured to include a regularly sched | 2185 | to the schedule you have pre-selected (if scheduled payments are available to y | ||
| > | uled redemption, we may periodically redeem the electronic money held in your E- | > | ou) or “on | ||
| > | money Account and send the redemption proceeds to your Linked Financial Account. | ||||
| 2186 | demand” based on an individual redemption instruction we receive from you. | ||||
| 2187 | However, if your E-money Account is not configured to include a regularly sched | ||||
| > | uled redemption, we | ||||
| 2188 | may periodically redeem the electronic money held in your E-money Account and s | ||||
| > | end the redemption | ||||
| 2189 | proceeds to your Linked Financial Account. | ||||
| 1367 | 2190 | ||||
| n | 1368 | If scheduled payments are available to you and you opt to redeem electronic mone | n | 2191 | If scheduled payments are available to you and you opt to redeem electronic mone |
| > | y in your E-Money Account according to a pre-selected schedule, your redemption | > | y in your E-Money | ||
| > | proceeds, other than those being held in accordance with these Payments Terms of | ||||
| > | Use will be paid out to your Linked | ||||
| 1369 | Financial Account according to the payout schedule agreed with you. For example | 2192 | Account according to a pre-selected schedule, your redemption proceeds, other t | ||
| > | , if you select monthly payouts, a single settlement will be initiated automatic | > | han those being held | ||
| > | ally once a month for all transactions that have settled to your E-Money Account | ||||
| > | on or before that day. If you request | ||||
| 1370 | a payout on demand, a single settlement will be initiated for all transactions | 2193 | in accordance with these Payments Terms of Use will be paid out to your Linked | ||
| > | that have settled to your E-Money Account on or before that day. You may be able | ||||
| > | to choose to redeem only a portion of your available balance in your E-Money Ac | ||||
| > | count, leaving the rest in your E-money | ||||
| 2194 | Financial Account according to the payout schedule agreed with you. For example | ||||
| > | , if you select | ||||
| 2195 | monthly payouts, a single settlement will be initiated automatically once a mon | ||||
| > | th for all | ||||
| 2196 | transactions that have settled to your E-Money Account on or before that day. I | ||||
| > | f you request | ||||
| 2197 | a payout on demand, a single settlement will be initiated for all transactions | ||||
| > | that have settled to | ||||
| 2198 | your E-Money Account on or before that day. You may be able to choose to redeem | ||||
| > | only a portion of | ||||
| 2199 | your available balance in your E-Money Account, leaving the rest in your E-mone | ||||
| > | y | ||||
| 1371 | Account. | 2200 | Account. | ||
| 1372 | 2201 | ||||
| n | 1373 | Transaction proceeds will generally settle to your Linked Financial Account with | n | 2202 | Transaction proceeds will generally settle to your Linked Financial Account with |
| > | in two business days of initiating disbursement to you, although actual settleme | > | in two business days | ||
| > | nt times may vary for individual transactions depending on circumstances such as | ||||
| > | your bank’s processing times. | ||||
| 2203 | of initiating disbursement to you, although actual settlement times may vary fo | ||||
| > | r individual | ||||
| 2204 | transactions depending on circumstances such as your bank’s processing times. | ||||
| 1374 | We may diverge from the redemption and payout process as needed for compliance | 2205 | We may diverge from the redemption and payout process as needed for compliance | ||
| > | or risk reasons. | > | or risk reasons. | ||
| 1375 | 2206 | ||||
| n | 1376 | We may also require specific information, such as a one-time authorization code | n | 2207 | We may also require specific information, such as a one-time authorization code |
| > | sent to your verified phone number or email address, to authenticate a payout of | > | sent to your | ||
| > | redemption proceeds. | ||||
| 2208 | verified phone number or email address, to authenticate a payout of redemption | ||||
| > | proceeds. | ||||
| 1377 | 2209 | ||||
| n | 1378 | If we are unable to settle your redemption proceeds, then, depending on the reas | n | 2210 | If we are unable to settle your redemption proceeds, then, depending on the reas |
| > | on why we are unable to settle your redemption proceeds, we may refund the buyer | > | on why we are unable | ||
| > | (e.g., in the event that we cannot process your information due to technical re | ||||
| > | asons etc.) or otherwise process these | ||||
| 2211 | to settle your redemption proceeds, we may refund the buyer (e.g., in the event | ||||
| > | that we cannot | ||||
| 2212 | process your information due to technical reasons etc.) or otherwise process th | ||||
| > | ese | ||||
| 1379 | funds in accordance with applicable law. | 2213 | funds in accordance with applicable law. | ||
| 1380 | 2214 | ||||
| n | 1381 | We will provide you with monthly statements of your transactions free of charge, | n | 2215 | We will provide you with monthly statements of your transactions free of charge, |
| > | which can be accessed in the Seller Hub . | > | which can be | ||
| 2216 | accessed in the Seller Hub . | ||||
| 1382 | 2217 | ||||
| n | 1383 | The balance on your E-money Account is not a deposit. You will not receive inter | n | 2218 | The balance on your E-money Account is not a deposit. You will not receive inter |
| > | est or any other earnings on the money held in your E-money Account. | > | est or any other | ||
| 2219 | earnings on the money held in your E-money Account. | ||||
| 1384 | 2220 | ||||
| n | 1385 | The Financial Services Compensation Scheme is not applicable for this E-money Ac | n | 2221 | The Financial Services Compensation Scheme is not applicable for this E-money Ac |
| > | count. No other compensation schemes exist to cover losses claimed in connection | > | count. No other | ||
| > | with your E-money Account. The Electronic Money Regulations 2011 imposes requir | ||||
| > | ements on us about how we hold these | ||||
| 1386 | funds. We will ensure that once we have received your funds they are deposited | 2222 | compensation schemes exist to cover losses claimed in connection with your E-mo | ||
| > | in a safeguarded account, specifically for the purpose of redeeming transactions | > | ney Account. The | ||
| > | made from your E-money Account. In the event that we become insolvent, funds th | ||||
| > | at have arrived with and been received | ||||
| 2223 | Electronic Money Regulations 2011 imposes requirements on us about how we hold | ||||
| > | these | ||||
| 2224 | funds. We will ensure that once we have received your funds they are safeguarde | ||||
| > | d using one or more | ||||
| 2225 | of the methods permitted under applicable law and regulatory requirements. In t | ||||
| > | he event that we | ||||
| 2226 | become insolvent, funds that have arrived with and been received and credited b | ||||
| > | y us into your | ||||
| 1387 | and credited by us into your E-money Account are protected against the claims m | 2227 | E-money Account are protected against the claims made by creditors. | ||
| > | ade by creditors. | ||||
| 1388 | 2228 | ||||
| 1389 | ### 5. Liability for Unauthorized Payment Transactions | 2229 | ### 5. Liability for Unauthorized Payment Transactions | ||
| 1390 | 2230 | ||||
| n | 1391 | You will be fully liable for all losses relating to an unauthorized payment tran | n | 2231 | You will be fully liable for all losses relating to an unauthorized payment tran |
| > | saction if you acted fraudulently with respect to such a payment transaction, or | > | saction if you acted | ||
| > | if you failed to fulfil one or more of the obligations under this agreement (su | ||||
| > | ch as keeping your credentials safe or | ||||
| 2232 | fraudulently with respect to such a payment transaction, or if you failed to fu | ||||
| > | lfil one or more of | ||||
| 2233 | the obligations under this agreement (such as keeping your credentials safe or | ||||
| 1392 | notifying us without undue delay if you have lost your security credentials or | 2234 | notifying us without undue delay if you have lost your security credentials or | ||
| > | think they may have been stolen) with intent or gross negligence. | > | think they may have | ||
| 2235 | been stolen) with intent or gross negligence. | ||||
| 1393 | 2236 | ||||
| n | 1394 | We ask you to keep your security credentials safe. This means you should not sha | n | 2237 | We ask you to keep your security credentials safe. This means you should not sha |
| > | re your security credentials with anyone, and you should disguise or protect you | > | re your security | ||
| > | r security credentials if you write them down or store them. If you think someon | ||||
| > | e has used or is able to access your | ||||
| 2238 | credentials with anyone, and you should disguise or protect your security crede | ||||
| > | ntials if you write | ||||
| 2239 | them down or store them. If you think someone has used or is able to access you | ||||
| > | r | ||||
| 1395 | E-money Account, you must tell us as soon as you can. | 2240 | E-money Account, you must tell us as soon as you can. | ||
| 1396 | 2241 | ||||
| 1397 | ### 6. Our Liability | 2242 | ### 6. Our Liability | ||
| 1398 | 2243 | ||||
| n | 1399 | We will refund you in full and are liable for losses directly and reasonably for | n | 2244 | We will refund you in full and are liable for losses directly and reasonably for |
| > | eseeably incurred by an incorrectly or non-executed payment transaction, provide | > | eseeably incurred by | ||
| > | d that you have informed us of such transaction without undue delay after becomi | ||||
| > | ng aware of the defect and in no event | ||||
| 1400 | later than: (i) thirteen (13) months after the transaction was executed if you | 2245 | an incorrectly or non-executed payment transaction, provided that you have info | ||
| > | are a consumer, micro-enterprise or charity; or (ii) sixty (60) days after the t | > | rmed us of such | ||
| > | ransaction was executed if you are using the Payment Services as a business whic | ||||
| > | h is not a consumer, micro-enterprise | ||||
| 2246 | transaction without undue delay after becoming aware of the defect and in no ev | ||||
| > | ent | ||||
| 2247 | later than: (i) thirteen (13) months after the transaction was executed if you | ||||
| > | are a consumer, | ||||
| 2248 | micro-enterprise or charity; or (ii) sixty (60) days after the transaction was | ||||
| > | executed if you are | ||||
| 2249 | using the Payment Services as a business which is not a consumer, micro-enterpr | ||||
| > | ise | ||||
| 1401 | or charity, in each case unless we failed to make information about the transac | 2250 | or charity, in each case unless we failed to make information about the transac | ||
| > | tion available to you. | > | tion available to | ||
| 2251 | you. | ||||
| 1402 | 2252 | ||||
| 1403 | However, we won't refund you if: | 2253 | However, we won't refund you if: | ||
| 1404 | 2254 | ||||
| 1405 | - We reasonably think you acted fraudulently (and we may involve the police) | 2255 | - We reasonably think you acted fraudulently (and we may involve the police) | ||
| n | 1406 | - You are not a consumer, micro-enterprise or charity, and you didn’t take steps | n | 2256 | - You are not a consumer, micro-enterprise or charity, and you didn’t take steps |
| > | to keep your E-Money Account secure; | > | to keep | ||
| 2257 | your E-Money Account secure; | ||||
| 1407 | - You are a consumer, micro-enterprise or charity, and you deliberately or with | 2258 | - You are a consumer, micro-enterprise or charity, and you deliberately or with | ||
| > | gross negligence didn’t keep your E-money Account secure. | > | gross negligence | ||
| 2259 | didn’t keep your E-money Account secure. | ||||
| 1408 | 2260 | ||||
| n | 1409 | To the fullest extent permitted by applicable law, we and our Affiliates (and ou | n | 2261 | To the fullest extent permitted by applicable law, we and our Affiliates (and ou |
| > | r and their respective employees, directors, agents and representatives) will no | > | r and their | ||
| > | t be liable for any direct lost profits, any indirect lost profits, or any speci | ||||
| > | al, incidental or consequential | ||||
| 1410 | damages (including without limitation damages for loss of data or loss of busin | 2262 | respective employees, directors, agents and representatives) will not be liable | ||
| > | ess) arising out of or in connection with these Payments Terms of Use or Managed | > | for any direct lost | ||
| > | Payments (including the inability to use Managed Payments). In addition, to the | ||||
| > | fullest extent permitted by applicable | ||||
| 1411 | law, in no event will aggregate liability of us or our Affiliates (and our and | 2263 | profits, any indirect lost profits, or any special, incidental or consequential | ||
| > | their respective employees, directors, agents and representatives) arising out o | ||||
| > | f or in connection with these Payments Terms of Use, the transactions contemplat | ||||
| > | ed hereby, or Managed Payments exceed | ||||
| 1412 | the actual amount of direct damages (excluding direct loss of profits), whether | 2264 | damages (including without limitation damages for loss of data or loss of busin | ||
| > | in contract, tort (including negligence, product liability or other theory), wa | > | ess) arising out of | ||
| > | rranty, or otherwise. | ||||
| 2265 | or in connection with these Payments Terms of Use or Managed Payments (includin | ||||
| > | g the inability to | ||||
| 2266 | use Managed Payments). In addition, to the fullest extent permitted by applicab | ||||
| > | le | ||||
| 2267 | law, in no event will aggregate liability of us or our Affiliates (and our and | ||||
| > | their respective | ||||
| 2268 | employees, directors, agents and representatives) arising out of or in connecti | ||||
| > | on with these | ||||
| 2269 | Payments Terms of Use, the transactions contemplated hereby, or Managed Payment | ||||
| > | s exceed | ||||
| 2270 | the actual amount of direct damages (excluding direct loss of profits), whether | ||||
| > | in contract, tort | ||||
| 2271 | (including negligence, product liability or other theory), warranty, or otherwi | ||||
| > | se. | ||||
| 1413 | 2272 | ||||
| n | 1414 | Without limiting the foregoing, in no event will we or any of our Affiliates be | n | 2273 | Without limiting the foregoing, in no event will we or any of our Affiliates be |
| > | liable to you for any failure or delay by us (or our employees, agents, or repre | > | liable to you for | ||
| > | sentatives) in performing our obligations under these Payments Terms of Use, whe | ||||
| > | re such failure or delay is caused by | ||||
| 1415 | abnormal and unforeseeable circumstances beyond our control, the consequences o | 2274 | any failure or delay by us (or our employees, agents, or representatives) in pe | ||
| > | f which would have been unavoidable despite all reasonable efforts to the contra | > | rforming our | ||
| > | ry, or where we are bound by other legal obligations covered by applicable law. | ||||
| 2275 | obligations under these Payments Terms of Use, where such failure or delay is c | ||||
| > | aused by | ||||
| 2276 | abnormal and unforeseeable circumstances beyond our control, the consequences o | ||||
| > | f which would have | ||||
| 2277 | been unavoidable despite all reasonable efforts to the contrary, or where we ar | ||||
| > | e bound by other | ||||
| 2278 | legal obligations covered by applicable law. | ||||
| 1416 | 2279 | ||||
| 1417 | ### 7. Shipping Labels | 2280 | ### 7. Shipping Labels | ||
| 1418 | 2281 | ||||
| n | 1419 | If buyers purchase a return shipping label at their own expense on the eBay webs | n | 2282 | If buyers purchase a return shipping label at their own expense on the eBay webs |
| > | ite, eBay may automatically deduct the label costs from the refund amount a buye | > | ite, eBay may | ||
| > | r receives from you. If this occurs, you agree (as a debtor to the buyer for the | ||||
| > | refund) to be delegated as a debtor | ||||
| 1420 | to the shipping carrier for the label costs, and authorize us to use the releva | 2283 | automatically deduct the label costs from the refund amount a buyer receives fr | ||
| > | nt part of the refund amount to pay the shipping carrier on your behalf. You wil | > | om you. If this | ||
| > | l not bear any additional shipping costs in this event. | ||||
| 2284 | occurs, you agree (as a debtor to the buyer for the refund) to be delegated as | ||||
| > | a debtor | ||||
| 2285 | to the shipping carrier for the label costs, and authorize us to use the releva | ||||
| > | nt part of the refund | ||||
| 2286 | amount to pay the shipping carrier on your behalf. You will not bear any additi | ||||
| > | onal shipping costs | ||||
| 2287 | in this event. | ||||
| 1421 | 2288 | ||||
| 1422 | ### 8. Corrective Measures | 2289 | ### 8. Corrective Measures | ||
| 1423 | 2290 | ||||
| n | 1424 | If we become aware of suspected or actual fraud or other security threats affect | n | 2291 | If we become aware of suspected or actual fraud or other security threats affect |
| > | ing your eBay account, we will notify you by email and provide you with instruct | > | ing your eBay | ||
| > | ions on how to protect such account or your E-Money Account. | ||||
| 2292 | account, we will notify you by email and provide you with instructions on how t | ||||
| > | o protect such | ||||
| 2293 | account or your E-Money Account. | ||||
| 1425 | 2294 | ||||
| 1426 | ### 9. Amendment | 2295 | ### 9. Amendment | ||
| 1427 | 2296 | ||||
| n | 1428 | For customers that are consumers, micro-enterprises or charities, Part I, Sectio | n | 2297 | For customers that are consumers, micro-enterprises or charities, Part I, Sectio |
| > | n 9 (“Amendment”) of the Payments Terms of Use applies. | > | n 9 | ||
| 2298 | (“Amendment”) of the Payments Terms of Use applies. | ||||
| 1429 | 2299 | ||||
| n | 1430 | For customers that are not consumers, micro-enterprises or charities, we will no | n | 2300 | For customers that are not consumers, micro-enterprises or charities, we will no |
| > | tify you of any amendments to these Payments Terms of Use by writing (for exampl | > | tify you of any | ||
| > | e, by posting a revised version of these Payments Terms of Use on our website, i | ||||
| > | ncluding the Seller Hub or the eBay | ||||
| 1431 | Message Centre). Before the anticipated effective date of such change, we will | 2301 | amendments to these Payments Terms of Use by writing (for example, by posting a | ||
| > | notify you at least fourteen (14) days prior. Your continued use of Managed Paym | > | revised version of | ||
| > | ents and the Payment Services beyond the effective date of the change will const | ||||
| > | itute your acceptance of the changes. | ||||
| 2302 | these Payments Terms of Use on our website, including the Seller Hub or the eBa | ||||
| > | y | ||||
| 2303 | Message Centre). Before the anticipated effective date of such change, we will | ||||
| > | notify you at least | ||||
| 2304 | fourteen (14) days prior. Your continued use of Managed Payments and the Paymen | ||||
| > | t Services beyond the | ||||
| 2305 | effective date of the change will constitute your acceptance of the changes. | ||||
| 1432 | 2306 | ||||
| 1433 | We will generally change these Payments Terms of Use for the following sorts of | 2307 | We will generally change these Payments Terms of Use for the following sorts of | ||
| > | reasons: | > | reasons: | ||
| 1434 | 2308 | ||||
| 1435 | - if we think it will make them easier to understand or more helpful to you; | 2309 | - if we think it will make them easier to understand or more helpful to you; | ||
| n | 1436 | - to reflect the way our business is run, for example if the change is needed be | n | 2310 | - to reflect the way our business is run, for example if the change is needed be |
| > | cause of a change in the way any financial system or technology is provided; | > | cause of a change | ||
| 2311 | in the way any financial system or technology is provided; | ||||
| 1437 | - to reflect legal or regulatory requirements that apply to us; | 2312 | - to reflect legal or regulatory requirements that apply to us; | ||
| 1438 | - to reflect changes in the cost of running our business; or | 2313 | - to reflect changes in the cost of running our business; or | ||
| n | 1439 | - because we are changing or introducing new services or products that affect ou | n | 2314 | - because we are changing or introducing new services or products that affect ou |
| > | r existing services or products covered by these terms and conditions. | > | r existing | ||
| 2315 | services or products covered by these terms and conditions. | ||||
| 1440 | 2316 | ||||
| n | 1441 | If you do not agree to proposed changes, you may terminate these Payments Terms | n | 2317 | If you do not agree to proposed changes, you may terminate these Payments Terms |
| > | of Use, pursuant to Part VI, Section 10 (“Term, Termination”) below, without any | > | of Use, pursuant to | ||
| > | extra cost at any time before the effective date. We always publish the amended | ||||
| > | Payments Terms of Use on | ||||
| 2318 | Part VI, Section 10 (“Term, Termination”) below, without any extra cost at any | ||||
| > | time | ||||
| 2319 | before the effective date. We always publish the amended Payments Terms of Use | ||||
| > | on | ||||
| 1442 | the eBay website. | 2320 | the eBay website. | ||
| 1443 | 2321 | ||||
| 1444 | ### 10. Termination | 2322 | ### 10. Termination | ||
| 1445 | 2323 | ||||
| n | 1446 | For customers that are consumers, micro-enterprises or charities, Part I, Sectio | n | 2324 | For customers that are consumers, micro-enterprises or charities, Part I, Sectio |
| > | n 10 (“Term, Termination”) of the Payments Terms of Use applies. | > | n 10 (“Term, | ||
| 2325 | Termination”) of the Payments Terms of Use applies. | ||||
| 1447 | 2326 | ||||
| n | 1448 | For customers that are not consumers, micro-enterprises or charities, Part VI, S | n | 2327 | For customers that are not consumers, micro-enterprises or charities, Part VI, S |
| > | ection 9 (“Amendment”) of the Payments Terms of Use apply, except that we may te | > | ection 9 | ||
| > | rminate these Payments Terms of Use by giving written notice fourteen (14) days | ||||
| > | prior via email to your registered | ||||
| 2328 | (“Amendment”) of the Payments Terms of Use apply, except that we may terminate | ||||
| > | these Payments Terms | ||||
| 2329 | of Use by giving written notice fourteen (14) days prior via email to your regi | ||||
| > | stered | ||||
| 1449 | email address. | 2330 | email address. | ||
| 1450 | 2331 | ||||
| 1451 | ### 11. General Provisions | 2332 | ### 11. General Provisions | ||
| 1452 | 2333 | ||||
| n | 1453 | Provided that you are not a micro-enterprise, a charity or a consumer, you agree | n | 2334 | Provided that you are not a micro-enterprise, a charity or a consumer, you agree |
| > | that Articles 66(1), 67(3), 67(4), 75, 77, 79, 80, 83, 91, 92, 94, and Part 6 o | > | that Articles | ||
| > | f the Payment Services Regulations 2017 shall not apply to your use of the Payme | ||||
| > | nt Services. | ||||
| 2335 | 66(1), 67(3), 67(4), 75, 77, 79, 80, 83, 91, 92, 94, and Part 6 of the Payment | ||||
| > | Services Regulations | ||||
| 2336 | 2017 shall not apply to your use of the Payment Services. | ||||
| 1454 | 2337 | ||||
| 1455 | #### Individuals | 2338 | #### Individuals | ||
| 1456 | 2339 | ||||
| n | 1457 | If you are an individual acting in your own capacity and not on behalf of a busi | n | 2340 | If you are an individual acting in your own capacity and not on behalf of a busi |
| > | ness, you may not use the Payment Services to receive or transfer funds on behal | > | ness, you may not | ||
| > | f of another natural person or a legal entity. | ||||
| 2341 | use the Payment Services to receive or transfer funds on behalf of another natu | ||||
| > | ral person or a | ||||
| 2342 | legal entity. | ||||
| 1458 | 2343 | ||||
| 1459 | #### Complaints | 2344 | #### Complaints | ||
| 1460 | 2345 | ||||
| n | 1461 | Any complaints about eCUK or the services it provides should first be addressed | n | 2346 | Any complaints about eCUK or the services it provides should first be addressed |
| > | to eCUK. You agree that all responses from eCUK relating to such complaints may | > | to eCUK. You agree | ||
| > | be sent to you by email. We will consider any complaint sent by you to us. For f | ||||
| > | urther information, please refer to | ||||
| 1462 | our Complaints Procedure . | 2347 | that all responses from eCUK relating to such complaints may be sent to you by | ||
| > | email. We will | ||||
| 2348 | consider any complaint sent by you to us. For further information, please refer | ||||
| > | to | ||||
| 2349 | our Complaints | ||||
| 2350 | Procedure . | ||||
| 1463 | 2351 | ||||
| n | 1464 | If you are a consumer, micro-enterprise or charity that is resident in the Unite | n | 2352 | If you are a consumer, micro-enterprise or charity that is resident in the Unite |
| > | d Kingdom, you may also escalate your complaint to the Financial Ombudsman Servi | > | d Kingdom, you may | ||
| > | ce, which is the competent authority to receive out-of-court complaints by custo | ||||
| > | mers of payment service providers | ||||
| 1465 | authorised in the UK, if you are not satisfied with eCUK’s answer to your compl | 2353 | also escalate your complaint to the Financial Ombudsman Service, which is the c | ||
| > | aint. For further information, please refer to the Financial Ombudsman website a | > | ompetent authority | ||
| > | nd the Financial Ombudsman Services Standard Explanatory Leaflet . | ||||
| 2354 | to receive out-of-court complaints by customers of payment service providers | ||||
| 2355 | authorised in the UK, if you are not satisfied with eCUK’s answer to your compl | ||||
| > | aint. For | ||||
| 2356 | further information, please refer to the Financial Ombudsman website and the | ||||
| 2357 | Financial Ombudsman Services Standard Explanatory Leaflet . | ||||
| 1466 | 2358 | ||||
| n | 1467 | If you are suspicious about a financial service provided by us, or you want to r | n | 2359 | If you are suspicious about a financial service provided by us, or you want to r |
| > | eport a scam, you can make a complaint to the Financial Conduct Authority (www.f | > | eport a scam, you | ||
| > | ca.org.uk). | ||||
| 2360 | can make a complaint to the Financial Conduct Authority (www.fca.org.uk). | ||||
| 1468 | 2361 | ||||
| 1469 | #### Communication | 2362 | #### Communication | ||
| 1470 | 2363 | ||||
| n | 1471 | We will communicate with you in the language(s) in which we provided these Payme | n | 2364 | We will communicate with you in the language(s) in which we provided these Payme |
| > | nts Terms of Use to you. You agree that we may give you notice or other informat | > | nts Terms of Use | ||
| > | ion by posting it in your eBay Account, emailing it to your registered email add | ||||
| > | ress, mailing it to your registered | ||||
| 2365 | to you. You agree that we may give you notice or other information by posting i | ||||
| > | t in your eBay | ||||
| 2366 | Account, emailing it to your registered email address, mailing it to your regis | ||||
| > | tered | ||||
| 1472 | physical address, calling your phone number, or sending you mobile messages. | 2367 | physical address, calling your phone number, or sending you mobile messages. | ||
| 1473 | 2368 | ||||
| n | 1474 | Legal notices to eCUK (with the exception of a termination notice pursuant to Pa | n | 2369 | Legal notices to eCUK (with the exception of a termination notice pursuant to Pa |
| > | rt I, Section 10) shall be served by mail to the following address: eBay Commerc | > | rt I, Section 10) | ||
| > | e UK Ltd, Hotham House, 1 Heron Square, Richmond upon Thames, Surrey TW9 1EJ, Un | ||||
| > | ited Kingdom. | ||||
| 2370 | shall be served by mail to the following address: eBay Commerce UK Ltd, Hotham | ||||
| > | House, 1 Heron | ||||
| 2371 | Square, Richmond upon Thames, Surrey TW9 1EJ, United Kingdom. | ||||
| 1475 | 2372 | ||||
| n | 1476 | You may request a copy of any legally required disclosures (including these Paym | n | 2373 | You may request a copy of any legally required disclosures (including these Paym |
| > | ents Terms of Use) from us; we will then provide it to you in a format which all | > | ents Terms of | ||
| > | ows you to store and reproduce the information (for example, by email) or, upon | ||||
| > | your request, on paper. | ||||
| 2374 | Use) from us; we will then provide it to you in a format which allows you to st | ||||
| > | ore and reproduce | ||||
| 2375 | the information (for example, by email) or, upon your request, on paper. | ||||
| 1477 | 2376 | ||||
| 1478 | #### Governing Law and Jurisdiction | 2377 | #### Governing Law and Jurisdiction | ||
| 1479 | 2378 | ||||
| n | 1480 | These Payments Terms of Use shall be governed by and construed in accordance wit | n | 2379 | These Payments Terms of Use shall be governed by and construed in accordance wit |
| > | h the laws of England and Wales. If you are acting as a consumer (rather than as | > | h the laws of | ||
| > | a business) and if mandatory statutory consumer protection regulations in your | ||||
| > | country of residence contain | ||||
| 2380 | England and Wales. If you are acting as a consumer (rather than as a business) | ||||
| > | and if mandatory | ||||
| 2381 | statutory consumer protection regulations in your country of residence contain | ||||
| 1481 | provisions that are more beneficial for you, such provisions shall apply irresp | 2382 | provisions that are more beneficial for you, such provisions shall apply irresp | ||
| > | ective of the choice of English law. | > | ective of the | ||
| 2383 | choice of English law. | ||||
| 1482 | 2384 | ||||
| n | 1483 | As a consumer, you may bring any judicial proceedings relating to the Payments T | n | 2385 | As a consumer, you may bring any judicial proceedings relating to the Payments T |
| > | erms of Use and these additional Payments Terms for Payment Services provided by | > | erms of Use and | ||
| > | eCUK before the competent court of either your place of residence or eCUK's pla | ||||
| > | ce of business in the United | ||||
| 1484 | Kingdom. If eCUK wishes to enforce any of its rights against you as a consumer, | 2386 | these additional Payments Terms for Payment Services provided by eCUK before th | ||
| > | we may do so only in the courts of the jurisdiction in which you are a resident | > | e competent court | ||
| > | . If you are acting as a business seller, you agree to submit to the exclusive j | ||||
| > | urisdiction of the English courts. | ||||
| 2387 | of either your place of residence or eCUK's place of business in the United | ||||
| 2388 | Kingdom. If eCUK wishes to enforce any of its rights against you as a consumer, | ||||
| > | we may do so only | ||||
| 2389 | in the courts of the jurisdiction in which you are a resident. If you are actin | ||||
| > | g as a business | ||||
| 2390 | seller, you agree to submit to the exclusive jurisdiction of the English courts | ||||
| > | . | ||||
| 1485 | 2391 | ||||
| 1486 | ## Previous version | 2392 | ## Previous version | ||
| 1487 | 2393 | ||||
| 1488 | - Previous Payments Terms of Use | 2394 | - Previous Payments Terms of Use | ||
| t | t | 2395 | - Previous | ||
| 1489 | - Previous Payments Terms of Use - Download PDF | 2396 | Payments Terms of Use - Download PDF | ||