In this User Agreement:
7. Trading on eBay and limitation of liability
10. Returns and eBay Money Back Guarantee
16. Buying and selling internationally
1. Introduction
Welcome to eBay. This User Agreement and all policies and additional terms posted on our sites (as described in Clause 2) set out the terms on which eBay offers you access to and use of our sites, services, applications and tools (collectively "the eBay services"). For information regarding the processing of personal data, please see our User Privacy Notice.
Before using the eBay services, you must read and accept all of the terms in, and linked to, this User Agreement ("Agreement"). We strongly recommend that, as you read this User Agreement, you also access and read the hyperlinked information. If you have any questions, please contact Customer Service.
The entity you are contracting with is:
- eBay Marketplaces GmbH, Helvetiastrasse 15/17, 3005 Bern, Switzerland if you reside in Australia;
- eBay Inc., 2025 Hamilton Ave., San Jose, CA 95125 if you reside in the United States;
- eBay (UK) Limited, 1 More London Place, London, SE1 2AF, United Kingdom, if you reside in the United Kingdom;
- eBay GmbH, Albert-Einstein-Ring 2-6, 14532 Kleinmachnow, Germany if you reside outside the United Kingdom but within the European Union;
- eBay Canada Limited, 240 Richmond Street West, 2nd Floor Suite 02-100 Toronto, Ontario, M5V 1V6, Canada, if you reside in Canada;
- eBay Singapore Services Pte Ltd, 1 Raffles Quay, #18- 00, Singapore 048583, if you reside in India;
- eBay Marketplaces GmbH, Helvetiastrasse 15/17, 3005 Bern, Switzerland, if you reside in any other country.
In this User Agreement, these entities are individually and collectively referred to as "eBay", "we" or "us".
By accessing or using the eBay.com.au website and any related eBay services, you agree to the following terms with eBay. If you use an eBay site other than eBay.com.au, you acknowledge that you will need to accept and be bound by the terms of that site, as described in Clause 16 below.
2. Scope
All of our policies and additional terms posted on our site are part of this User Agreement. It is important to ensure you read and understand these rules and policies, as well as any applicable terms for particular eBay services that you choose to use. There may be specific rules or policies that apply to your eBay activity, and it is your responsibility to check our Help pages and policies to make sure you comply.
In particular, when accessing or using our services, please ensure that:
- You are familiar with and acknowledge reading the eBay User Privacy Notice, where we have compiled all essential information about our handling of your personal data and your corresponding rights
- You are familiar with and agree to comply with eBay's rules and policies, which provide the rules for trading on the eBay website. You can access all of our policies by selecting the Policies link at the bottom of most eBay pages, or by selecting the Help link at the top of most eBay pages and searching "Policy A-Z". These rules and policies include but are not limited to:
- You are familiar with and agree to the terms and conditions related to specific services offered on our sites. These will be presented to you at the time you enter into the service and/or be clearly available via the relevant eBay pages related to that service. These may include but are not limited to:
- Sellers using eBay's payment services (described in Clause 17 below) also agree to the Payments Terms of Use - opens in new window or tab with the applicable payment entity as set out in those terms
- Buyers joining eBay Plus (described in Clause 13 below) also agree to the eBay Plus Terms and Conditions - opens in new window or tab
- Sellers using eBay tools and services also agree to the relevant terms for that service, such as an eBay Stores subscription - opens in new window or tab, the eBay Marketing Program - opens in new window or tab and eBay Discounts Manager - opens in new window or tab
- Buyers and sellers whose items are eligible for our Authenticity Guarantee agree to the relevant terms for Sneakers - opens in new window or tab or Handbags - opens in new window or tab
- Buyers purchasing items using the Global Shipping Program - opens in new window or tab or eBay International Shipping - opens in new window or tab also agree to the applicable terms for that service
Please refer to Clause 25 for information about changes to this User Agreement or our policies and additional terms. You should regularly review the terms of any applicable policies or services before using eBay.com.au.
3. Using eBay
While using the eBay services, you will not:
- post content or items in inappropriate categories or areas on our sites and services;
- infringe any laws, third party rights or our policies, such as the prohibited and restricted items policies;
- use the eBay services if you are not able to form legally binding contracts, are under the age of 18 or are suspended from using the eBay services;
- fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made or you cannot authenticate the seller's identity;
- fail to deliver items purchased from you, unless the buyer fails to meet the posted terms or you cannot authenticate the buyer's identity;
- manipulate the price of any item or interfere with other users' listings;
- circumvent or manipulate our fee structure, the billing process, or fees owed to eBay;
- post false, inaccurate, misleading, defamatory or offensive content (including personal information);
- take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information or using it for purposes unrelated to eBay);
- list any financial products or financial services (as those terms are defined in the Corporations Act 2001), and you agree to the terms of eBay's Stocks and securities policy;
- transfer your eBay account (including Feedback) and username to another party without our consent;
- share your sign-in credentials with any third parties. If you require authorised third parties (employees, agents etc.) to have access to your account, we offer a Multi-user account access program for that purpose;
- distribute or post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes;
- distribute viruses or any other technologies that may harm eBay or the interests or property of eBay users;
- export or re-export any eBay tools except in compliance with the export control laws of any relevant jurisdictions;
- copy, modify or distribute rights or content from the eBay services or eBay's copyrights and trademarks; or
- harvest or otherwise collect information about users, including email addresses, without their consent.
4. Abusing eBay
eBay and its community of users ("the Community") work together to keep our sites and services working properly and the Community safe. Please report problems, offensive content, and policy violations to us.
eBay's Verified Rights Owner (VeRO) Program works to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been violated, please notify our VeRO team and we will investigate.
The availability of the eBay services is dependent upon all users complying with applicable laws and eBay policies which are designed to ensure that all users can enjoy the benefits of those services. In order to ensure the ongoing availability and benefits of the eBay services for all users, you agree that, without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to the eBay services, delay or remove hosted content, remove, delete, modify or not display listings, apply fees and/or recover our expenses for policy monitoring and enforcement, and/or take technical and legal steps to keep users off the sites if we reasonably consider that any conduct engaged in by such users creates or may create actual or possible legal liabilities, infringes the intellectual property rights of third parties, is inconsistent with the letter or spirit of our policies (for example, and without limitation, policies related to shill bidding, conducting off-eBay transactions, Feedback manipulation, circumventing temporary or permanent suspensions or users who we believe are harassing our employees or other users), amounts to an abuse of our staff, or adversely affects, hinders or prevents the provision of our services to other users. The actions we take will be commensurate with the nature of the issue we have identified and what is reasonably required to protect the interests of users of the eBay services as a whole and the legitimate interests of eBay as provider of the services. Additionally, we may, in appropriate circumstances and at our reasonable discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue eBay services.
If you are a seller and you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of eBay, you may be liable to pay a final value fee applicable to that item.
5. Fees and services
Joining eBay and bidding on listed items is free. We do charge fees for using other services. In some cases, where a buyer receives supplemental services for items in certain categories, we may also charge the buyer for such supplemental service.
The fees we charge sellers for using our services are listed on our fee schedules linked below:
- Selling fees without an eBay Store
- eBay Stores selling fees
- eBay Stores selling fees for registered businesses
- Fees for selling a vehicle on eBay Motors
When you list an item directly through eBay.com.au listing flows or use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged.
We may change our seller fees from time to time by posting the changes on the relevant fee schedule(s) and on eBay Announcements - opens in new window or tab 30 days in advance, and we will notify users who are materially affected by fee changes through eBay Messages - opens in new window or tab and directly to the email address linked to their eBay account. No advance notice will be required for temporary promotions, new services, or any changes that result in the reduction of fees.
If you do not accept the revised fees, you must immediately take steps to adjust your selling activity (such as ending affected listings or closing your eBay Store), or you may choose to close your account in accordance with Clause 19. Where you have outstanding listings at the time of the fee change taking effect and prior to closure of your account taking effect, you agree that the revised fees will apply to such listings unless and until you remove those listings or your account is closed, whichever occurs first.
If you are a seller, you are liable for fees arising out of all sales made using some or all eBay services, even if sales terms are finalised or payment is made outside of eBay. In particular, if you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of eBay, you will be liable to pay a final value fee applicable to that item.
Sellers must meet eBay's seller performance requirements. As set out in our Seller standards policy and Service metrics policy, sellers who fail to meet our seller requirements or whose performance is determined to be significantly worse than other sellers with similar sales activity may have limitations placed on their selling activity, including charging additional fees, until their performance improves.
Unless otherwise stated, all fees are quoted in Australian Dollars. You must have a payment method on file when selling using our services and pay all fees and applicable taxes associated with your use of our services by the payment due date. In the event that your payment method fails or your account is past due, the eBay Payments Entities (as defined below) may collect amounts owed in the manner described in the Payments Terms of Use - opens in new window or tab.
If you are an existing seller who has not yet registered to use the payment service as described in Clause 17 and the Payments Terms of Use - opens in new window or tab, we (or one of our affiliates) may collect amounts owed using other collection mechanisms, including charging other payment methods on file with us, retaining collection agencies and legal counsel, and using any credits on your account.
In addition:
- You may be subject to late fees; and
- We may limit or suspend the services which eBay provides to you, including by not displaying your listings.
6. Content
When you upload content to the eBay website or otherwise give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all intellectual property rights (including copyright and trademark rights) you have in the content, in any media known now or in the future, for the purpose of the conduct of eBay's business insofar as eBay, acting reasonably, determines is necessary – including for marketing purposes, the creation of buyer experiences onsite such as product pages and the display and rating of products, and in catalogues on its websites.
If you are the author of that content, you also irrevocably and unconditionally consent, to the maximum extent permitted by law (either present or future), to eBay and its licensees, contractors, assignees and successors, and their licensees and any other person authorised by any of them (“eBay Authorised Persons”):
(a) disclosing, reproducing, copying, adapting, publishing, performing, exhibiting, communicating, renting, transmitting or otherwise using the content (and any adaptation or part of the content) anywhere in the world:
(i) in whatever form and in whatever circumstances eBay and the eBay Authorised Persons think fit, including adding to or otherwise altering the content (or any adaptation or part of the content); and
(ii) without making any identification of you as the author in relation to the content (or any adaptation or part of the content); and
(b) doing anything or omitting to do anything in relation to the content (or any adaptation or part of the content) anywhere in the world that would otherwise infringe the moral rights, or any similar non-assignable, personal rights, that you might have.
For the convenience of sellers, we may offer catalogues of stock images, descriptions and product specifications that are provided by third parties (including eBay users). You may use catalogue content solely in connection with your eBay listings during the time your listings are on eBay's sites.
While we try to offer reliable data, we cannot promise that the catalogues will always be accurate and up-to-date, and you agree not to hold our catalogue content providers or us responsible for inaccuracies in catalogues. If you choose to include catalogue content in your listings, you continue to be fully responsible for your listings and for ensuring that your listings are accurate, do not include misleading information and comply with this User Agreement and all eBay policies. The catalogues may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included with the catalogues or create any derivative works based on catalogue content (other than by including them in your listings).
7. Trading on eBay and limitation of liability
While we strive to maintain a safe trading environment you accept that there are unfortunately sometimes risks when trading online and using our sites, including dealing with underage or fraudulent persons. You will not hold eBay responsible for other users' content, actions or inactions, items they list or their destruction of allegedly fake items. You acknowledge that we are not an auctioneer. Instead, our sites are venues to allow anyone to offer, sell, and buy goods and services, at any time, from anywhere, in a variety of pricing formats and locations, such as Stores, fixed price formats and auction-style formats. We are not a party to the contracts for sale between buyers and third-party sellers. Unless otherwise expressly provided, we have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users' content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction or return an item. You should consider and use all of our suggested safe trading guidelines when trading online, including our safe trading tips for buyers and tips for sellers on avoiding transaction problems.
When you enter into a transaction you create a legally binding contract with another user, unless the item is listed in a category under the Non-binding bid policy. You must ensure that you comply with your obligations to that other member and are aware of any laws relevant to you as a buyer or seller. If another member breaches any obligation to you, you – not eBay – are responsible for enforcing any rights that you may have.
You alone, and not eBay, are responsible for ensuring that your listing, bidding and selling and any other activities conducted on our site are lawful. You must ensure that you comply with all applicable laws in Australia and other countries. You must also ensure that you strictly comply with this Agreement and the policies which form part of the Agreement.
We do not take ownership of the items at any time and do not transfer legal ownership of items from the seller to the buyer. Further, we cannot guarantee continuous or secure access to the eBay services, and their operation may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use the eBay services.
To the extent that eBay is able to limit the remedies available under this Agreement, eBay expressly limits its liability for breach of a non-excludable statutory guarantee to the following remedies:
- the supply of the services again; or
- the payment of the cost of having the services supplied again.
8. Release
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint venturers and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. Subject to other terms in this agreement, this release does not apply where eBay's acts or omissions were a direct cause of the matters giving rise to the dispute.
9. Breach
Without limiting other remedies available to eBay at law, in equity or under this Agreement, to protect our legitimate business interests we may, without notice to you and in our sole discretion (which shall be exercised reasonably, having regard to and being commensurate with the nature of the circumstances), delay listing your item, delete your listing, request additional information or documentation from you, issue you a warning, restrict your activities through our site (including but not limited to buying, selling and posting activities), temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you, or require you to pay additional fees if any of the following circumstances arise (each of which will or may cause harm to our business and/or the rights and obligations of other users):
- you have, or we reasonably believe that you have, breached this Agreement, which includes any of our Policies in any way (including those Policies referred to in Clause 2 above);
- you have, or we reasonably believe that you have, breached the conditions of the Payments Terms of Use - opens in new window or tab;
- we are unable to verify or authenticate any information you provide to us;
- we reasonably believe that your actions may cause loss or damage to or otherwise unlawfully harm you, our users, third parties or us, our related bodies corporate or affiliates, our directors, employees or agents; or
- we reasonably believe we need to do so to prevent fraud and abuse or for safety or security reasons; or
- a regulator has raised concerns about your listings or certain types of listings, and/or we reasonably believe that we need to do so in order to comply with a regulatory obligation or request; or
- we reasonably believe that any of your information (which includes an item listed on the site) is inappropriate or of an offensive nature.
If the nature of the action requires it, we will notify you of such action. In circumstances where we reasonably believe there are legitimate business reasons for withholding details of any investigation we conduct or any action we take in relation to your membership or your account (including but not limited to security, confidentiality and privacy reasons), we may be unable to provide you with notice of such action or provide you or other members with such details other than those that are already provided to you by us.
10. Returns and eBay Money Back Guarantee
Returns as a buyer
Buyers can request a return or report that they didn't receive an item from their Purchase history - opens in new window or tab.
If the buyer is requesting to return an item for "change of mind" (or "remorse") reasons, the seller's return policy as stated in the listing will apply – including which party is responsible for return postage costs. Sellers may exercise their discretion to accept or deny a remorse return request if it falls outside their return policy.
Where a buyer is responsible for return postage costs, the buyer may elect to use an eBay-generated postage label or purchase a postage label directly from a carrier. By choosing to use an eBay-generated postage label, you (as a buyer) authorise eBay to deduct the return postage costs from your refund amount.
Returns as a seller
Sellers can create their own rules to automate returns, and refunds in certain circumstances. Further, eBay may auto-accept returns if the return request meets the seller's returns policy or the terms of the eBay Money Back Guarantee policy. Where a return request is automatically accepted, an eBay-generated return postage label will be provided to the buyer. You agree to comply with our returns requirements.
When an item is returned, or if a transaction is cancelled after payment has been completed, you (as seller) authorise the applicable eBay Payment Entity to collect the amount of the reimbursement from you as described in the Payments Terms of Use - opens in new window or tab in order to refund the buyer.
As a seller, you authorise and instruct us:
- to automatically accept a return request on your behalf and provide a return postage label to the buyer, for return requests that fall within your returns policy or the eBay Money Back Guarantee policy;
- to request your applicable eBay Payment Entity as set out in the Payments Terms of Use - opens in new window or tab to collect return postage costs from you if your returns have been automated and an eBay-generated return postage label is used;
- to request your applicable eBay Payment Entity as set out in the Payments Terms of Use - opens in new window or tab to collect return postage costs from you, in cases where you are responsible for paying return postage;
- to request your applicable eBay Payment Entity as set out in the Payments Terms of Use - opens in new window or tab to reverse the refund amount (in same or other currency) in cases where the transaction is cancelled or the buyer returns an item in accordance with your listing's return policy;
- to request your applicable eBay Payment Entity as set out in the Payments Terms of Use - opens in new window or tab to collect or reverse variable amounts (representing payments related to covered claims) to carry out a buyer reimbursement, including amounts in other currency holdings where you do not have sufficient funds available in the transaction currency;
- to request your applicable eBay Payment Entity as set out in the Payments Terms of Use - opens in new window or tab to restrict your access to funds (the restriction will apply up to a sum equivalent to the cost of the item and original postage costs paid by the buyer) at any point during the resolution process (which may result in your applicable eBay Payment Entity determining to restrict your access to funds in order to manage their risk exposure pursuant to their policies – see clause 11: Restricting funds);
- to request your applicable eBay Payment Entity as set out in the Payments Terms of Use - opens in new window or tab to recover the amount we pay to the buyer (in cases where we refund the buyer directly) by charging you for the reimbursement amount; and
- to use credits on your account to pay for amounts you owe to eBay.
You acknowledge and agree that your authorisations above will or may be made on a recurring basis and on various dates as required by us to facilitate returns on eBay and implement the terms of the eBay Money Back Guarantee policy.
You must have a payment method on file with eBay and you may change this payment method at any time. In the event that your payment method fails or your account is past due, the applicable eBay Payment Entity may collect amounts owed in the manner described in the Payments Terms of Use - opens in new window or tab.
If you are an existing seller who has not yet registered to use the payment service as described in Clause 17 and the Payments Terms of Use - opens in new window or tab, we (or one of our affiliates) may collect amounts owed using other collection mechanisms, including charging other payment methods on file with us, retaining collection agencies and legal counsel, and using any credits on your account.
We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the eBay Money Back Guarantee refund or reimbursement or instructing the applicable eBay Payment Entity as set out in the Payments Terms of Use - opens in new window or tab to deduct the outstanding amount from the proceeds of sales they hold on your behalf.
eBay Money Back Guarantee
If an item is not received, an item differs from the listing, or a seller doesn't fulfil their return policy as stated in the listing, the eBay Money Back Guarantee policy, which is part of this User Agreement, will apply. As stated in the policy, the cost of return postage for an item that is not as described will usually be the seller's responsibility.
Buyers and sellers agree to comply with the eBay Money Back Guarantee policy and Condition of returned items policy and acknowledge that we may automate some aspects of the resolution process. You also acknowledge and agree that we may exercise our reasonable discretion to make a final decision on any case – including an item returned for remorse reasons – where a buyer and seller cannot come to agreement. If we resolve a case in the buyer's favour, the seller will be required to issue a full refund to the buyer (including original postage costs), either by reversal of the transaction processed by the applicable eBay Payment Entity as set out in the Payments Terms of Use - opens in new window or tab, or by reimbursing eBay in cases where we refunded the buyer directly. If we cannot get reimbursement from you, we may collect the outstanding sums using other collection mechanisms, including retaining collection agencies.
As a buyer, you will be precluded from bringing an eBay Money Back Guarantee claim if you already have made or are making a claim with PayPal or have filed or are filing a chargeback with your card issuer or other payment method providers in respect of the same transaction. We may suspend the eBay Money Back Guarantee in whole or in part without notice if we suspect abuse or interference with the proper working of the policy, or for commercial reasons.
Certain categories of items are excluded from the eBay Money Back Guarantee, and other conditions apply. Please refer to the eBay Money Back Guarantee policy for more details.
This clause does not act as a substitute to, or otherwise limit, relevant laws, including the Australian Consumer Law.
11. Restricting funds
You acknowledge that eBay may incur costs or suffer loss as a result of conduct by you as a seller which is in breach of this agreement, including eBay policies and/or which give rise to a claim by a buyer on eBay. To protect against the risk of such costs or losses arising and/or to minimise the amount of any such costs or losses, the applicable eBay Payment Entity as set out in the Payments Terms of Use - opens in new window or tab may restrict access to your funds based on the factors described in the Payments Terms of Use - opens in new window or tab.
12. Click & Collect service
Click & Collect is an eBay service that allows a buyer to have their eBay order sent to a collection location of their choice, or to pick up their order from a retailer's own store location.
Click & Collect as a seller
Sellers whose items are eligible for Click & Collect at Parcelpoint or HUBBED are subject to our Click & Collect terms of use for sellers - opens in new window or tab, which are part of this User Agreement.
Click & Collect as a buyer
You will receive a notification from eBay when your item is ready for collection. When collecting from the retailer, you may also be notified by them. If you provide eBay with your telephone number at checkout for the purposes of receiving this notification, this information will be treated in accordance with our User Privacy Notice.
You can only collect orders from the location selected when completing your purchase. You will be required to present your collection code, if applicable, and may be required to present photo identification. Your order will only be held at the selected location for a limited time. Uncollected items aren't eligible for eBay Money Back Guarantee.
For purchases where you select a Click & Collect location within the Parcelpoint or HUBBED network:
- The respective company's terms of service apply in addition to the terms of this User Agreement:
- "Free Click & Collect" as used on the Site means that there is no additional charge for selecting Click & Collect as a delivery method. Postage charges (as specified in the seller's listing) may still apply for delivery to the Parcelpoint or HUBBED location.
For purchases where you choose to collect your item from the retailer's own store location, our Click & Collect (from the Retailer) Terms of Use - opens in new window or tab apply and are part of this User Agreement. For Click & Collect from a retailer's own store:
- Item availability at particular stores, estimated collection times, store hours, address and collection instructions as displayed on the site are provided by the seller and may not have been updated in real time.
- The seller (and not eBay) is responsible for any customer support and returns. Please check the seller's listing for details of their returns and cancellations policies – including how any applicable refund will be processed – and contact the seller prior to purchase with any questions. These purchases are not covered by eBay Money Back Guarantee.
13. eBay Plus
eBay Plus is an eBay program that allows eBay customers to pay an annual or monthly membership fee and receive member-only benefits, such as free delivery and free returns on eBay Plus purchases.
eBay will display the eBay Plus badge on eligible listings based on criteria determined by eBay.
eBay Plus as a buyer
When you join eBay Plus as a buyer, you accept and agree to the eBay Plus Terms and Conditions - opens in new window or tab, which are part of this User Agreement.
eBay Plus as a seller
By using the eBay services and meeting eBay Plus criteria on one or more of your listings, you acknowledge and agree that:
- You may be required to fulfil orders with express delivery at your expense;
- eBay does not guarantee that the eBay Plus badge will appear on your listing, eBay's decision as to which items the eBay Plus badge is displayed on is final and eBay may include or remove sellers from eBay Plus participation at its absolute discretion;
- eBay will be entitled to take necessary action against sellers who abuse the eBay Plus program or violate eBay's policies including, without limitation, recovering postage costs charged by sellers that exceed the actual postage cost for posting the item (being the amount charged by the carrier); and
- You will not misrepresent the eBay Plus service as your own service (whether through direct hyperlink, advertising, promotions or any other means), nor advertise or promote the eBay Plus service in a manner not approved by eBay in writing.
If you do not wish to have any of your listings included in eBay Plus, you will be able to opt out of eBay Plus in your account preferences.
14. Access and interference
The sites contain robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to eBay by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the eBay services for any purpose without our express written permission.
Additionally, you agree that you will not:
- take any action that imposes or may impose (in our sole discretion, exercised reasonably) an unreasonable or disproportionately large load on our infrastructure;
- copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your information) from the sites without the prior express written permission of eBay and the appropriate third party, as applicable;
- interfere or attempt to interfere with the proper working of the sites, services or tools, or any activities conducted on or with the sites, services or tools; or
- bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.
15. Listing conditions
By listing an item on eBay's sites, you agree to comply with eBay's rules and policies including Listing policies and Selling practices policy. You also agree to pay eBay's fees for the listing, assume full responsibility for the content of the listing and item offered, and accept the following listing conditions:
- When you list an item on eBay's sites, your listing will be posted on eBay's sites and can be viewed in My eBay - opens in new window or tab;
- Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances), so eBay can't guarantee exact listing durations;
- Content that violates any of eBay's policies may be modified, not displayed or deleted;
- We may revise data in the eBay product catalogue to supplement, remove, or correct information. If your listing uses catalogue data that has been revised, those revisions may modify your listing accordingly;
- Where your listing appears in search and browse results may be based on certain factors including listing format, title, bidding activity, end time, keywords, price and postage cost, Feedback and detailed seller ratings (learn more about where your listings appear in search and browse results); and
- You must list your item in the most relevant category. When you list an item in two categories and there is a difference in final value fees between the categories, the higher final value fee will apply when your item sells.
16. Buying and selling internationally
Many of our services are accessible internationally. Buyers and sellers registered on eBay.com.au can use any of our international eBay sites to buy and sell items. Items available on eBay.com.au may be located overseas and/or sold by international sellers. Items listed on eBay.com.au may be purchased by a buyer who is using a different eBay site.
Buyers and sellers are responsible for complying with all laws and regulations applicable to the international sale, purchase and shipment of items, including paying any applicable taxes such as GST or VAT, duties, or other fees or charges. For more information, see the International trading policy.
Buyers and sellers registered on eBay.com.au should be aware that any purchase will be subject to the User Agreement and applicable policies of the eBay site where the buyer completed checkout, including any buyer protection programs, as detailed in the International selling policy.
Before using an eBay site other than eBay.com.au to make a purchase or list an item for sale, you should review the terms of the User Agreement and applicable policies as published on that other eBay site, particularly as different selling fees may apply, and any disputes may be governed by the laws of overseas jurisdictions and may have to be prosecuted in overseas courts or other forums.
As a seller, when listing an item on eBay.com.au:
- If you choose to offer an international postage option, you agree that we may display your listing on another eBay site based on these settings, but acknowledge that the appearance of your listings on sites other than eBay.com.au is not guaranteed.
- Even if you do not select an international postage option at the time of listing, you acknowledge that your item may still appear on and be sold to a buyer who is using a different eBay site. You may stop your listing from appearing on international sites or restrict international buyers from purchasing your items by adjusting your postage settings, as detailed in the International selling policy.
We may offer certain programs, tools and site experiences of particular interest to international sellers and buyers, such as estimated local currency conversion and international postage calculation tools. You authorise us to use automated tools to translate your eBay content and member-to-member communications, in whole or in part, into local languages where such translation solutions are available. We may provide you with tools which will enable you to translate content at your request. The accuracy or availability of any translation is not guaranteed.
17. Payment services
Payments for goods and services sold using the eBay services are facilitated by designated eBay entities (each an "eBay Payment Entity") pursuant to the Payments Terms of Use - opens in new window or tab. You agree to the Payments Terms of Use - opens in new window or tab to the extent applicable to you. To receive payment for an item sold using our services, you must accept and comply with the Payments Terms of Use - opens in new window or tab, including the requirements to provide the applicable eBay Payment Entities information about you, your business, and the financial account you will use to receive payments.
If you are a buyer:
- You may pay for such items and services using the payment methods that the eBay Payments Entities make available, and the eBay Payments Entities will manage settlement to sellers. Buyers agree and understand that payments received by the applicable eBay Payments Entity from buyers (via third parties such as credit and debit card issuers and payments service providers) are received on behalf of sellers and satisfy buyers' obligations to pay sellers in the amount of payments received.
- In certain instances, your transaction may be declined, frozen, or held for any reason including for suspected fraud, AML compliance, compliance with economic or trade sanctions, in connection with eBay's internal risk controls or due to potential violations of any policy of eBay or the eBay Payments Entity, or a policy of one of the eBay Payments Entity's third-party payments services providers.
- eBay, the eBay Payments Entity or its affiliates may save payment information, such as credit card or debit card numbers and card expiry dates, entered by you on eBay services when you make a purchase, redeem a voucher, or make any other transaction on eBay services where card information is entered. Such stored payment information may be used as your default payment method for future transactions on eBay services. At any time, you can update your card information or enter new card information, at which point the new card information shall be stored as your default payment method. You may make changes to your default payment method under Payments - opens in new window or tab in My eBay. You are responsible for maintaining the accuracy of information we have on file, and you consent to eBay updating such stored information from time to time based on information provided by you, your bank or other payments services providers. You will only provide information about payment methods that you are authorised to use.
- You may seek returns or cancellations, or file eBay Money Back Guarantee claims as they relate to our services. If you are entitled to a refund, the eBay Payment Entity will issue the refund if the eBay Payment Entity processed the original payment. Refund timing may vary in accordance with the rules of third parties, such as credit and debit card networks.
- You agree to comply with, and not cause a third party to violate, all applicable laws, regulations, rules and terms and conditions in connection with the use of the services provided by the eBay Payment Entities. You understand that some third parties, such as credit and debit card issuers, credit and debit card networks and payment services providers, may have their own terms and conditions for the payment or settlement methods you choose to use in connection with payment transactions on eBay. Failure to abide by third-party terms and conditions may result in fees assessed to you (for example, currency conversion fees from your credit card issuer if the transaction currency is different from your credit card currency) or other actions taken by such third parties, and you agree that the eBay Payment Entity has no control over, or responsibility or liability for, such fees or actions.
18. Tax on consumer purchases
Buyers and sellers are generally responsible for any Goods and Services Tax (GST), sales tax, Value Added Tax (VAT) or other taxes that apply to items bought on eBay. If you have any questions or require more information about your tax obligations, please contact the Australian Taxation Office - opens in new window or tab, your local tax or customs authority, or seek independent tax advice.
In any jurisdiction where eBay has an obligation to collect tax on consumer purchases made using our services:
- eBay may add the applicable tax to the item price displayed to the buyer;
- eBay will display the tax amount at checkout once the buyer's order and delivery address are confirmed, and this will be included in the order total paid by the buyer;
- eBay will collect this tax amount via any means available to us, including collection through the applicable eBay Payment Entities in the manner described in the Payments Terms of Use - opens in new window or tab, and remit the tax to the relevant authority.
For more details, please see our Tax policy.
As a buyer, you acknowledge and agree that tax may apply on top of the seller's item price, and that you will have the opportunity to review this before finalising your order.
As a seller, you acknowledge and agree that where eBay has an obligation to collect tax on consumer purchases 1) your prices may appear higher to buyers based on their delivery address, and 2) that we may not report tax collected to you, although we will indicate on the order details page if tax was collected by eBay.
19. Closing your account
You may close your eBay account at any time, subject to:
- not having any outstanding items listed on the website; and
- resolving any outstanding matters (such as a suspension or restriction on your account); and
- paying any outstanding fees owing on the account.
20. Privacy
We do not provide your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the eBay User Privacy Notice. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us - opens in new window or tab and choose not to receive certain communications - opens in new window or tab by signing in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the eBay User Privacy Notice. If you object to your information being transferred or used in this way please do not use our services.
Privacy of Others; Marketing
If eBay provides you with information about another user you agree you will use the information only for the purposes it is provided to you. You may not disclose, sell, rent or distribute a user's information to a third party for purposes unrelated to the services. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.
21. Indemnity
You will indemnify us (and our officers, directors, agents, subsidiaries, joint venturers and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party in the course of using the eBay services.
22. No agency
eBay is not your agent for any purpose in relation to this Agreement or your use of the eBay services.
23. Notices
Legal notices must be served on eBay's registered agent (in the case of eBay) or to the email address you provide to eBay during the registration process (in your case). Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing.
Any notices to eBay's registered agent must be given by registered ordinary post (or if posted to or from a place outside Australia, by registered airmail) or by facsimile transmission to eBay Marketplaces GmbH c/- Corrs Chambers Westgarth, Quay Quarter Tower, 50 Bridge Street, Sydney NSW 2000, Fax: (02) 9210 6611.
24. Legal disputes
If a dispute arises between you and eBay, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. We strongly encourage you to first contact us to seek a resolution. If your dispute is not resolved by contacting Customer Service, all legal notices and formal disputes should be sent to eBay's registered agent in accordance with Clause 23 above. We agree to consider resolving the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Law and forum for legal disputes
This Agreement will be governed in all respects by the laws of New South Wales. We encourage you to try and resolve disputes using certified mediation (such as online dispute resolution processes). If a dispute cannot be resolved then you and eBay irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
25. General
eBay is located at Helvetiastrasse 15/17, 3005 Bern, Switzerland.
If any provision of this Agreement is held to be invalid or unenforceable, such provision will be severed and the remaining provisions will remain in effect. In our sole discretion, we may assign our rights and obligations under this Agreement to another entity. Headings are for reference purposes only and do not form part of this Agreement. Our failure to act on a breach by you or others doesn't waive our right to act on subsequent or similar breaches.
This Agreement contains the entire understanding and agreement between you and eBay. The following Clauses survive any termination of this Agreement: Fees and services (with respect to fees owed for our services), Release, Content, Trading on eBay and limitation of liability, Indemnity and Legal disputes.
Updates to this User Agreement
We may amend this Agreement at any time by posting the amended terms on eBay.com.au. We will notify you of any material amendments through eBay Messages - opens in new window or tab and directly to the email address linked to your account, as well as via eBay Announcements - opens in new window or tab. Except as stated elsewhere, all amended terms will automatically be effective 30 days after they are initially posted.
eBay rules and policies and additional or other terms for eBay services that form part of this Agreement (as described in Clause 2 above) may also be changed from time to time by posting the amended terms on eBay.com.au. The time frame for amended policy terms to come into effect and the way in which we notify you of material amendments will depend on the nature of the change and the circumstances giving rise to the need to change the policy. For example, policies may come into immediate effect as a result of urgent public health or safety requirements, or when the policy has been updated for clarity but without changing our guidelines. We will notify users who are materially affected by the changes through eBay Messages - opens in new window or tab and directly to the email address linked to their account, and/or via eBay Announcements - opens in new window or tab.
If you do not accept the changes, you should take steps to adjust your activity (such as ending listings affected by a policy amendment), or close your account in accordance with Clause 19 of this Agreement. Where you have outstanding listings at the time of the amendment taking effect and prior to closure of your account taking effect, you agree that the amendments will apply to such listings unless and until you remove those listings or your account is closed, whichever occurs first.