User Agreement

The following describes the terms on which eBay offers you access to our services.

1. Introduction

1. This User Agreement, the eBay User Privacy Notice, and all policies posted on our sites set out the terms on which eBay offers you access to and use of our sites, services, applications and tools (collectively "Services"). You can find an overview of our policies here. All policies and the User Privacy Notice are incorporated into this User Agreement. You agree to comply with all of the above when accessing or using our Services. For information regarding the processing of personal data, please see our User Privacy Notice.
   1. If you reside in the United Kingdom, you are entering into a contract with eBay (UK) Limited, 1 More London Place, London, SE1 2AF, United Kingdom, VAT number GB 782 3254 24.
   2. If you reside outside the UK but within the European Union, you are entering into a contract with eBay GmbH, Albert-Einstein-Ring 2-6, 14532 Kleinmachnow, Germany, VAT number DE 200081785.
   3. If you reside within the United States, you are entering into a contract with eBay Inc, 2025 Hamilton Ave, San Jose, CA, 95125, USA.
   4. If you reside in Canada, you are entering into a contract with eBay Canada Limited, 240 Richmond Street West, 2nd Floor Suite 02-100, Toronto, Ontario, M5V 1V6, Canada.
   5. If you reside in India, you are entering into a contract with eBay Singapore Services Pte Ltd, 10 Collyer Quay, #10-01 Ocean Financial Centre, Singapore 049315.
   6. If you reside elsewhere, you are entering into a contract with eBay Marketplaces GmbH, Helvetiastraße 15-17, 3005 Bern, Switzerland.
2. We recommend that you print a copy of this User Agreement for future reference.

2. About eBay

1. eBay is a marketplace that allows users (being recipients of the service) to offer, sell and buy just about anything in a variety of pricing formats and locations.
2. eBay does not have possession of anything listed or sold through eBay and is not involved in the actual transaction between buyers and sellers. The contract for the sale is directly between buyer and seller, and will be subject to separate terms and conditions. eBay is not a traditional auctioneer.
3. While we may provide pricing, postage, listing and other guidance in our Services, such guidance is solely informational, and you may decide to follow it or not. eBay does not review users' listings or content. While we may help facilitate the resolution of disputes through various programmes, eBay has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users' content, listings or Feedback; 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.
4. Sellers must have a valid payment method on file with eBay at all times. You authorise eBay to automatically charge your chosen payment method in accordance with this User Agreement and the applicable billing agreement(s) you agree to when setting up or changing your payment method, for future charges and fees incurred in relation to the Services. This includes, but is not limited to, amounts owed for eBay fees, eBay Money Back Guarantee reimbursements and postage labels. eBay will notify you of these charges. If payments or amounts owed to eBay cannot be completed through the payment method on file for any reason, you are still required to pay eBay for all unpaid amounts and eBay reserves the right to seek reimbursement through other means plus any additional costs incurred by eBay in seeking reimbursement. You can change your payment method in My eBay at any time.

3. Using eBay

1. In connection with using or accessing the Services you will not:
   1. post, list or upload content or items in inappropriate categories or areas on our sites;
   2. breach or circumvent any laws, third-party rights, these terms and conditions or our systems or policies;
   3. offer or advertise on eBay items whose listing, sale or purchase violates legal regulations, eBay's policies, the rights of third parties or morality;
   4. sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties;
   5. use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our Services;
   6. fail to pay for items purchased by you, unless you have a valid reason as set out in an eBay policy, the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot contact the seller (see our unpaid item policy);
   7. fail to deliver items sold by you, unless you have a valid reason as set out in an eBay policy, for example the buyer fails to comply with the terms posted in your listing, or you cannot contact the buyer;
   8. manipulate the price of one's own or third-party listings or buy one's own items by using multiple eBay accounts or in cooperation with other users or interfere with any other user's listings;
   9. manipulate the search functions of the eBay Services, for example by improperly inserting brand names or other search terms into the item name or description;
   10. post false, inaccurate, misleading, defamatory, or libellous content;
   11. take any action that may undermine the Feedback or ratings systems;
   12. transfer your eBay account (including Feedback) and user ID to another party without our consent;
   13. distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
   14. use the contact information of other users for any purpose other than in relation to a specific eBay transaction on the eBay site (which includes using this information to send marketing materials directly to eBay users unless the user has given explicit consent to receiving these materials);
   15. distribute viruses or any other technologies that may harm eBay, or the interests or property of eBay users;
   16. use any robot, spider, scraper or other automated means to access our Services for any purpose;
   17. bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
   18. export or re-export any eBay application or tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
   19. infringe the copyright, trademark, patent, moral, database or other intellectual property rights (collectively, "Intellectual Property Rights") that belong to or are licensed to eBay. Some, but not all, actions that may be infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to eBay or someone else. eBay is the owner of all Intellectual Property Rights in the Services;
   20. infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belong to you;
   21. commercialise any eBay application or any information or software associated with such application;
   22. harvest or otherwise collect information about users, such as email addresses, without their consent; or
   23. circumvent any technical measures we use to provide the Services.
2. If you are registering with eBay as a business entity or on behalf of a business entity, you represent that you have the authority to legally bind that entity, and you must provide your name. If you are trading as a business on eBay, you must comply with all applicable laws relating to online trading for the site you are selling on. When registering as natural persons, only individual persons may be listed as owners of the eBay account (i.e. no married couples or families).
3. Upon request by eBay, traders must submit at least the following information and documents to eBay to comply with mandatory legal requirements:
   1. name, address, telephone number and email address;
   2. copy of an identification document or other electronic identification as defined in Article 3 of Regulation (EU) 910/2014;
   3. bank account details;
   4. if the seller is registered in a trade register or similar public register, the trade register in which the seller is registered and the registration number or equivalent means of identification in that register; and
   5. self-certification by the seller committing to only offer products or services that comply with the applicable legal provisions.
4. Traders are only permitted to use the eBay Services when the information and documents listed above are provided and there is no reason for eBay to believe that they are not reliable or complete. eBay may also request the information and documents listed above from consumers if required to comply with legal requirements.
5. If eBay is notified or if eBay otherwise has reason to believe that the information or documents provided by the user is fully or partly inaccurate, incomplete or not up-to-date, eBay has the right to request the user to remedy the situation without undue delay. If the user fails to correct or complete the information or documents (if you are a consumer, within the deadline set by eBay), eBay is entitled to suspend the provision of its services and to block the user until the user has fully complied with the request (see paragraph 11). In such a case, traders have the possibility to file an appeal as set forth under paragraph 17 as well as to contact a certified out-of-court dispute settlement body as set forth under paragraph 18.
6. You agree that we will commence supplying our Services to you as soon as you accept this User Agreement. If you are a consumer, you can cancel this User Agreement under the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013, S.I. 484/2013. Business users can cancel this User Agreement by visiting this help page. We may recoup the cost of any Services provided up to the point of cancellation.
7. If (1) we believe you are violating the policy on Offering to buy or sell outside of eBay, you may be subject to a range of actions, including limits on your buying and selling privileges, restrictions on listings and account features, suspension of your account (on reasonable notice if you are a consumer), application of fees for the introduction of seller to buyer, and recovery of expenses for policy monitoring and enforcement (if you are a consumer, policy monitoring and enforcement expenses shall only be recovered if you are found to have breached an applicable policy); and (2) you are a seller and you offer or reference your contact information or ask for the buyer's contact information in the context of buying or selling outside of eBay, you will be liable for all final value fees in consideration for the introduction to a buyer for that item on the eBay site, even if the item does not sell.
8. We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. If you are a consumer, we will try to give you reasonable notice of any cancellation, modification or discontinuation.

4. Termination and abusing eBay

1. Users can terminate this User Agreement at any time.
2. eBay can terminate this User Agreement in accordance with paragraph 4.3 at any time with a notice period of 30 days to the end of the month. For traders, eBay will provide a statement of reasons for the termination, in the event that the possible reasons result from paragraphs 10 and 11. The right to block and the right to terminate for cause remain unaffected.
3. Without limiting other remedies, we may immediately limit, suspend, or terminate your user account(s) and access to our Services, restrict or prohibit access to, and your activities on, our Services, cancel bids, remove or demote or otherwise restrict the visibility of listings, delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our Services if:
   1. we have reasonable cause to believe that you are creating problems or possible legal liabilities for us, our users, suppliers or other third parties;
   2. we have reasonable cause to believe that such restrictions will improve the security of the eBay community or reduce our or another eBay user's exposure to financial liabilities;
   3. we have reasonable cause to believe that you are infringing the rights of third parties;
   4. we have reasonable cause to believe that you are acting inconsistently with the letter or spirit of this User Agreement or our policies or abuse our employees or users;
   5. despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us;
   6. you fail to make payment, or it is evident that you are unable to make full payment of any owed amounts due for our (and our affiliates') Services by your payment due date; or
   7. You are, in your capacity as a seller, not registered for managed payments in accordance with paragraph 14.
4. When a buyer or seller issue arises we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement, and to do the right thing for both buyers and sellers.
5. As soon as a user has been blocked or the user contract has been terminated by eBay, this user may no longer use the Services, even with other eBay accounts, and may not register again. A blocking or termination does not affect the validity of contracts already concluded by that user on the eBay marketplace.

5. Fees

1. Consumer seller fees for using our Services are listed on our Fees for private sellers page. Trader seller fees for using our Services are listed on our Fees for business sellers page. Fees we charge for selling vehicles are listed on our eBay Motors Fees page. We may change our fees or introduce new fees from time to time by posting the changes on the eBay site or via the Messages section of My eBay 30 days in advance of the change taking effect. You may close your account without penalty within 30 days of such notice being given.
2. If you are a seller, you are liable for transaction 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 addition, if you are a seller and you offer or reference your contact information or ask for a buyer's contact information, you may be liable to pay a final value fee in consideration for the introduction to a buyer for that item on the eBay site, even if the item does not actually sell.
3. You are required to have a payment method on file when selling on eBay. If your payment method fails or your account is overdue, we may collect fees owed by charging other payment methods on file and retaining collection agencies or legal counsel.
4. eBay payments entities may collect owed amounts from your available funds in accordance with the Payments Terms of Use.
5. Seller fees do not purchase exclusive rights to item exposure on eBay whether on a web page, mobile app, or otherwise. We may display third-party advertisements (including links and references thereto) or other content in any part of our Services at our sole discretion.

6. Listing Conditions

1. When listing an item, you agree in particular to comply with the rules for listings and selling practices policy and that:
   1. listings and contents (especially pictures and other information) are legal and do not violate applicable laws, the rights of third parties, eBay's terms and conditions or eBay's policies, which serve as guidelines for the use of the services of eBay;
   2. you are responsible for the accuracy, content and legality of the item listed and agree to list in accordance with the prohibited and restricted items policy;
   3. your listing may not be immediately searchable by keyword or category for up to 24 hours. eBay does not guarantee exact listing durations;
   4. when you create fixed-price listings, these will renew automatically every [30 days], based on the listing terms at that time, until the quantities sell out or until you cancel the listing;
   5. you are responsible for all taxes (including but not limited to penalties, fines, charges, or later payment interest) related to your sales on the eBay site. To the extent possible under Irish law, you shall pay to us as a debt on demand all costs incurred by us, including but not limited to tax, penalties and interest, levied by any competent tax authority due to: (i) for traders only, your failure to provide a valid VAT registration number; and/or (ii) for all sellers, your failure to pay any such taxes, penalties or interest;
   6. content that violates any of eBay's policies may be modified, obfuscated or deleted at eBay's discretion;
   7. we may revise product data associated with listings to supplement, remove, or correct information; and
   8. where your listing appears in search and browse results may be based on certain factors such as listing format, title, bidding activity, end time, keywords, price and postage cost, Feedback, eBay policy compliance and detailed seller ratings.
2. We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
   1. buyers' location, search query, browsing site and history;
   2. item's location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;
   3. seller's history, including listing practices, detailed seller ratings, eBay policy compliance, Feedback, and defect rate; and
   4. number of listings matching the buyer's query.
3. To drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer, as:
   1. some advanced listing upgrades may only be visible on certain eBay Services;
   2. listing upgrades may be paid-for benefits that can affect the appearance or placement of listings in the search and browse results;
   3. eBay's duplicate listings policy may also affect whether your listing appears in search results; and
   4. meta-tags and URL links that are included in a listing will be removed or altered so as to not affect third-party search engine results.
4. We may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results will vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your listings to other sellers.
5. eBay advertises the Services and provides other eBay companies and third parties with access to your listings and content for this purpose. This includes, for example, the display of listings and content of users on price comparison sites or third-party advertising placements.
6. eBay may offer personalised recommendations to users to provide them with a relevant and engaging experience to help them sell or buy items of interest to them. These recommendations may be based on data related to their eBay activity, including their search and usage behaviour, purchasing history and the eBay sites, sub-pages, and categories they are using; the item's location and the possibility of delivery to the buyer's location, listing format, price, shipping cost, selling terms, shipping options, listing end time, listing history, and relevance to your search query; the seller's history, including the seller's listing practices, sales history, Feedback, and ratings; expected monetization of the item; the number of listings matching your search query; marketplace seasonality, events, deals, and trends; and interest in this or similar items from similar users. To learn more about how we provide you with a personalised experience, please visit our help page here. You can adjust the settings for the usage of your eBay activity for customised sponsored recommendations here - opens in new window or tab.
7. eBay may make additional services available to buyers such as warranty extensions and other insurance or assembly and installation services. You are permitted to offer your own additional services (such as guarantees or assembly and installation services) if you do so in accordance with this User Agreement and applicable laws. You are responsible for determining whether your additional services are compatible with any comparable additional services offered by eBay or by any eBay partners.

7. Purchase Conditions

1. When buying an item, you agree to comply with the rules for buyers and that:
   1. you are responsible for reading the full item listing before making a bid or commitment to buy;
   2. subject to paragraph 7.1(c), you enter into a legally binding contract to purchase an item when you commit to buy an item, or if you have the winning bid (or your bid is otherwise accepted);
   3. for motor vehicles and real estate (property) listed in the 'Classified Ad' format, a bid or offer is not binding, but expresses a buyer's serious interest in the item; and
   4. if you purchase an item on an eBay site other than ebay.ie, you are subject to the User Agreement of that other eBay site solely with respect to that particular purchase.
2. Buyer requested cancellations: Buyers can request to cancel an order on eBay within one hour of their purchase and the seller will have 3 days to accept or decline the request. If the seller declines the cancellation request, or already posted the order, buyers will need to wait until they receive the item and then decide if they want to start a return. Sellers can also cancel orders in certain circumstances up to 30 days after the sale.
3. Buyer requested returns: Buyers can submit a return request for items purchased on eBay. For returns that are eligible for eBay Money Back Guarantee, please see the policy for details. If the return is not covered by eBay Money Back Guarantee, buyers can still request the return and the seller has the right to accept or decline the request in accordance with their return policy as stated in the original listing. These terms will in no way limit your right to return an item under applicable law, including but not limited to applicable consumer laws in your country of residence.

8. International buying, selling and translation

1. Many of our Services are accessible internationally. 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 shipping calculation tools. Sellers and buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items.
2. Your items may be listed on one or more of eBay's international sites in addition to ebay.ie. You may stop your listings from appearing on international sites by excluding international postage locations from your listings. By selecting international postage, you authorise eBay, in its discretion, to display your listings on eBay sites other than the original listing site (as set out in the International Selling Policy) but acknowledge that your listings may not appear on some or all of these sites.
3. When you sell your items internationally or purchase an item on an eBay site that is different from your registration site, you are subject to the User Agreement and applicable policies of that other eBay site with respect to that particular purchase, as detailed in the International Selling Policy.
4. For sellers, you agree that we may display your listing for sale on an eBay site other than the site where you listed your item for sale, based on your shipping settings. You may adjust these settings as detailed in the International Selling Policy. If you list your items with an international shipping option, the appearance of your listings on sites other than the listing site is not guaranteed. If you sell an item on an eBay site that is different from your registration site, you are subject to the User Agreement and applicable policies, including any buyer protection programs, of that other eBay site with respect to that particular sale, as detailed in the International Selling Policy.
5. 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.

9. Content

1. When providing us with content (including causing content to be posted using our Services), you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, sublicensable (through multiple tiers) right to use the content (including, without limitation, creating and using derivative works) and you authorise us to exercise any and all copyright, trademark, publicity, database or other intellectual property rights you have in or to the content in any media known now or developed in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights or any other intellectual property rights you have in the content against us, our sublicensees or our assignees.
2. We may offer catalogue and/or product data (including images, descriptions and specifications) that are provided by third parties (including eBay users). You may use that content solely in your eBay listings during the time your listings are on eBay's sites. That permission is subject to modification or revocation at any time at eBay's sole discretion.
3. We try to offer reliable data but cannot promise that the content provided through the Services will always be available, accurate, complete, and up-to-date. You agree that eBay is not responsible for examining or warranting the listings or content provided by third parties through the Services, and that you will not hold or attempt to hold us or our product data providers liable for inaccuracies. If you choose to use catalogue content and/or product data in connection with your listings, you agree to ensure that the content directly associated with your listings is and remains accurate, and that you continue to fully comply with this User Agreement and all eBay policies. The catalogue and product data include copyrighted, trademarked and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the product data or create any derivative works based on that data (other than by including the data in your listings).
4. The name "eBay" and other eBay marks, logos, designs and phrases that we use in connection with our Services are trademarks, service marks or trade dress of eBay in Ireland and other countries. They may not be used unless expressly authorised by eBay in writing.

10. Content notification mechanisms and content moderation measures

1. The content posted by users on eBay must not infringe applicable laws, the rights of third parties, eBay's terms and conditions and, in particular, eBay's policies, which serve as guidelines for the use of eBay's Services. This applies especially, but not only, to listings. The currently applicable eBay policies can be viewed here (in alphabetical order) or here (sorted by topic).
2. eBay is generally not obligated to proactively check the content posted by users for its legality or compatibility with the rights of third parties, eBay's terms and conditions or eBay's policies. eBay is nonetheless entitled to carry out voluntary checks on its own initiative to identify and determine illegal or incompatible content and to take appropriate measures in accordance with paragraph 10.7.
3. eBay provides the following mechanisms for notifying eBay electronically of allegedly illegal content:
   1. All eBay users as well as third parties have the possibility to report listings and other content to eBay via a notice. This notice is accessible via a corresponding button. More information about this notification function can be found here.
   2. Owners of intellectual property rights, such as copyrights, trademark rights and other commercial property rights, have the option to participate in eBay's "Verified Rights Owner Program" (VeRO) for this purpose, which allows them to quickly and easily submit notices about listings that they claim to infringe one or more of their intellectual property rights. More information about the VeRO programme can be found here - opens in new window or tab and at paragraph 20.10.
   3. Market surveillance, monitoring and law enforcement authorities that are explicitly authorised by eBay can report listings via eBay's Regulatory Portal. More information about the Regulatory Portal can be found here - opens in new window or tab.
4. Trusted flaggers who have been granted a corresponding status by the Digital Service Coordinator of the competent Member State also have access to the respective notice mechanisms according to paragraph 10.3. The reports of trusted flaggers will generally be treated with priority and processed and decided on without undue delay.
5. In case of a notice according to paragraphs 10.3(a) and 10.3(b), eBay has the right to forward the content of the notice as well as the data submitted with the notice to the user who has posted the reported content. The identity of the notifying person will be disclosed to the user only where this is strictly necessary, and permitted under applicable law.
6. In the context of its voluntary checks as per paragraph 10.2 and the notices under paragraph 10.3, eBay uses various procedures and tools to identify, review and moderate the content. This may include human review, automated review, or a combination of human and automated review, depending on the individual case. Further information about the technologies eBay uses as part of automated reviews can be found here. Whenever automated means have been used to review content with eBay subsequently taking action with respect to that content, eBay will inform the user who uploaded the content about the use of automated means to the extent that eBay's and its users' legitimate interests do not preclude this.
7. eBay may take one or more of the following actions (at its discretion) if the content uploaded by a user infringes the applicable laws, the rights of third parties, eBay's terms and conditions, or eBay's policies:
   1. warn the user;
   2. remove bids, listings, ratings or other content that violate the law, rights of third parties or contracts/policies;
   3. block access to listings, ratings or other content;
   4. hide content, inter alia on search results pages;
   5. decrease the visibility of content (i.e. demoting content);
   6. delay the publication of listings and other content;
   7. restrict use of eBay Services, in particular buying activities, selling activities and the ability to upload content;
   8. withdraw special seller status; or
   9. temporary or permanent suspension of the eBay account.

   eBay also has the right to take these actions for and through eBay affiliates.

8. Before a temporary or permanent suspension due to the provision of obviously illegal content eBay will issue a warning to the user concerned, as far as this does not conflict with the purpose of the suspension or applicable law. When deciding on a temporary or permanent suspension, eBay will take into account the respective circumstances of the individual case and of these in particular, as far as known to eBay:
   1. the gravity, frequency and periods of misuse or violations committed;
   2. the relation of the misuse or the violations committed to the other usage behaviour; and
   3. the intentions of the misuse or violations committed, as far as identifiable by eBay.
9. When determining a measure, eBay also takes into account the legitimate interests of the user affected by the measure, of other eBay users, of any rights holders as well as its own legitimate interests as a service provider. In particular, eBay takes into account the gravity of the respective violation and whether there are indications that the user was not at fault for the violation. eBay will also take into account whether the respective measure can only be taken in case of a compelling reason. A compelling reason is required, for instance, if the measure may lead to serious disadvantages for the affected user. If eBay takes a measure, eBay will inform the affected user about the measure with a statement of reasons within the scope of its legal obligations.

11. Measures for other violations

1. In addition to their obligations when uploading content, users must not violate the applicable laws, the rights of third parties, eBay's terms and conditions, eBay's policies or, as a seller, eBay's terms of use for payment processing in any other way. The currently applicable eBay policies can be viewed here (in alphabetical order) or here (sorted by topic).
2. A violation within the meaning of paragraph 11.1 occurs, but is not limited to, if a user:
   1. provides incorrect information or documents for his account or fails to provide or correct information or documents upon request by eBay or by the respective eBay payment services company;
   2. transfers an eBay account or gives third parties access to it;
   3. significantly harms other users or eBay; or
   4. as a seller, fails to comply with the applicable selling policies on eBay; the currently applicable selling policies can be found here.
3. In the event of a violation, eBay may take the measures set out in paragraph 10.7 (under the conditions listed there). If a user violates the applicable laws, the rights of third parties, eBay's terms and conditions, eBay's policies or, as a seller, the terms of use for payment processing on eBay, paragraph 10.9 shall apply accordingly. eBay also has the right to take these actions for and through eBay affiliates.

12. Data Protection and Privacy

1. You and eBay shall process personal data received under and/or in connection with this User Agreement each as a separate and independent controller. In no event will eBay and you process personal data under and/or in connection with this User Agreement as joint controllers or in a controller-to-processor relationship. As such separate and independent controllers, you shall be individually and separately responsible for complying with the obligations that apply to you as a controller under applicable data protection laws.
2. You shall comply with your obligations under applicable data protection laws (including but not limited to Regulation (EU) 2016/679 (EU General Data Protection Regulation) and supplementing EU and local data protection laws. This includes, but is not limited to, the obligation to provide appropriate safeguards for the transfer of personal data to a third country or an international organisation.
3. You shall process personal data received from eBay exclusively for the purpose(s) you received the personal data under and/or in connection with this User Agreement. You shall erase the personal data received under this User Agreement immediately after the respective purpose(s) has/have been fulfilled. Any further processing of the personal data is not permitted except when legally required (e.g. if a retention obligation applies).
4. Failure to abide by the aforementioned obligations may result in disciplinary action up to and including account suspension.
5. As part of the Services, eBay has access to various information about users, including personal data. This includes information that users submit to eBay as part of the Services (such as contact information or item descriptions) as well as information that is generated by the provision and processing of the Services (such as ratings, sales analysis or communication)).
6. Via My eBay and, upon request, via selling tools, you receive information which is necessary for the processing of transactions (in particular, the contact information of the other user involved in a transaction) as well as aggregated information on the performance and analysis of your listings, which are partly related to the data of other users of the Services (such as number of impressions of a listing, conversion rate or return rate).
7. eBay only shares information about users with third parties if this is necessary for the provision of the Services or if eBay is legally or contractually entitled to do so.
8. Upon expiry of this User Agreement, we will delete the information you provided, or which was generated through your use of the Services from your eBay account. Regardless, we maintain this information after the expiry of the User Agreement if we are legally obliged or have a legitimate interest to do so. We will generally maintain aggregated data generated using the Services (e.g. statistics about sales in a category) upon expiry of the User Agreement.
9. For information regarding the processing of personal data by eBay, including sharing such data with third parties and your rights as a data subject, please see our User Privacy Notice.

13. Additional Terms

1. eBay Money Back Guarantee
   1. Most eBay sales go smoothly, but if there's a problem with a purchase, eBay Money Back Guarantee helps buyers and sellers communicate and resolve issues. eBay Money Back Guarantee policy is part of this User Agreement and is incorporated by reference. You agree to comply with the policy and permit us to make a final decision on any case.
   2. Where the seller is found at fault, we will notify the seller. Under eBay Money Back Guarantee, if a seller chooses or is required to reimburse the buyer or eBay because a case is resolved in the buyer's favour, we will request the eBay entity which processed the initial payment to refund the buyer on the seller's behalf pursuant to the eBay Money Back Guarantee policy. The reimbursement amount, including costs of return postage labels if applicable, will be deducted from the seller's available funds or settled via a payment instrument on file. You, in the capacity of a seller, authorise and instruct us to collect or reverse variable amounts from your payment account or charge your payment instrument on file to carry out the buyer refund in accordance with eBay's policies and procedures (including any amounts resulting from international transactions as stipulated in the eBay Money Back Guarantee policy). You acknowledge and agree that your authorisations above are made on a recurring basis as required by us to implement the terms of the eBay Money Back Guarantee policy.
   3. Sellers must have a payment method on file with eBay. If sellers do not provide eBay with a valid reimbursement method, we may put restrictions on the account and we may collect the outstanding sums using other collection mechanisms, including retaining collection agencies. We may suspend the eBay Money Back Guarantee policy without notice if we suspect abuse or interference with the proper working of the policy.
2. Correcting mistakes in payments to buyers and sellers
   • 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.

14. Managed Payments

1. eBay manages payments on the eBay Services on behalf of sellers (such management described as "managed payments" or similar) through designated eBay entities (each, a "payments entity").
2. Your use of the Services as a seller requires you to be registered for managed payments. When you register for managed payments, you conclude a payment service contract with the respective payment entities based on the Payments Terms of Use - opens in new window or tab. You will be required to provide information for purposes that include verifying your identity and complying with anti-money laundering and other applicable law.
3. Managed payments is automatically enabled for all listings for which it is available. If you are subject to restrictions in managed payments, we may limit or suspend your eBay account.
4. The Payments Terms of Use stipulate that the responsible eBay payment entity may temporarily place a hold on your funds in certain cases upon our notification. When, under what conditions and for how long such a hold can be placed is determined by the regulations on holds in the Payments Terms of Use - opens in new window or tab.
5. If you are a buyer completing a purchase from a seller that is using managed payments, you may pay for such items using those payment methods that eBay makes available. The payments entity will receive payments from you based on your selected payment method, collect the transaction amounts on behalf of the seller and manage settlement to the seller. You agree and understand that payments received by the applicable payments entity from you satisfy your obligations to pay sellers in the amount of payments received.

15. Liability

1. We try to keep eBay and its Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in eBay's Services may not occur in real time. Such functionality is subject to delays beyond eBay's control.
2. We (including our parent, subsidiaries, affiliates, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly from:
   1. your use of or your inability to use our Services;
   2. pricing, postage or other guidance provided by eBay;
   3. delays or disruptions in our Services;
   4. viruses or other malicious software obtained by accessing, or linking to, our Services;
   5. glitches, bugs, errors, or inaccuracies of any kind in our Services;
   6. damage to your hardware device from the use of any eBay Service;
   7. the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
   8. a suspension or other action taken with respect to your account or breach of the Termination and abusing eBay section;
   9. the duration or manner in which your listings appear in search results as set out in the Listing Conditions section; or
   10. your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.
3. Some jurisdictions do not allow exclusion of damages, so such exclusions may not apply to you. This is especially so if you are a consumer.
4. You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on any of our sites.
5. Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the internet is difficult. eBay cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users' purported identities or the validity of the information which they provide to us or post on our sites.
6. Regardless of the previous paragraphs, if we are found to be liable for any breach other than a breach of any term implied by law, our liability to you or to any third party is limited to the greater of (a) any amounts due under the eBay Money Back Guarantee up to the price the item sold for on eBay and its original postage costs, (b) the amount of fees in dispute not to exceed the total fees which you paid to us in the 12 months prior to the action giving rise to the liability, or (c) €100.
7. Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.

16. Compensation

1. You will compensate us in full (and our officers, directors, agents, subsidiaries, joint ventures and employees) for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of this User Agreement, your improper use of eBay's Services or your breach of any law or the rights of a third party.

17. Appeals and customer service

1. If eBay takes one of the measures referred to in paragraph 10 in connection with uploaded content or takes measures against a trader as set forth in paragraph 3.5, the affected users have the opportunity to clarify the facts and circumstances underlying such a measure electronically and free of charge by filing an appeal with eBay. Further information on filing appeals can be found here.
2. Users who have submitted a notice of allegedly illegal content to eBay as referred to in paragraphs 10.3(a) or 10.3(b) also have the possibility of requesting clarification via an appeal per paragraph 17.1, if this notice was rejected by eBay in whole or in part.
3. Users may task a body, organisation or association that operates on a not-for-profit basis, properly constituted in accordance with the law of a Member State and has a legitimate interest in ensuring compliance with EU Regulation (EU) 2022/2065 according to its statutory objectives, to submit appeals on their behalf under paragraphs 17.1 and 17.2 with eBay. eBay ensures that such appeals are processed with priority and without undue delay.
4. Traders also have the possibility of filing an appeal with respect to measures taken in accordance with paragraph 11 for other violations.
5. The possibility to lodge an appeal according to the preceding paragraphs exists for a period of six months. In the cases of paragraphs 17.1 and 17.4, the period begins with the day on which the user was informed about the measure taken. In the case of paragraph 17.2, the period begins with the day on which the user was informed about the rejection of his report.
6. eBay will handle appeals per the preceding paragraphs in a timely, non-discriminatory, diligent and objective manner. If an appeal contains sufficient grounds for the conclusion that:
   1. the decision not to act on a notice is unfounded;
   2. the content to which the appeal relates to is neither illegal nor incompliant with eBay's terms and conditions and eBay's policies; or
   3. the appellant's conduct does not justify the measure taken,

   eBay will reverse the contested decision or measure without undue delay, as far as this is technically possible and reasonable.

7. For all other enquiries that are not eligible for appeals per the preceding paragraphs, users can contact eBay's customer service free of charge here.

18. Mediation and out-of-court dispute settlement

1. eBay cooperates with mediators and out-of-court dispute settlement bodies within the scope of its legal obligations in order to settle any disputes in connection with actions taken pursuant to paragraphs 3.5, 10 and 11.
2. Whenever mediation or out-of-court dispute settlement is available, eBay will inform the affected user about this possibility as well as about the respective competent bodies. More information about mediation and the out-of-court dispute settlement process can be found here.
3. eBay recommends its users to attempt to resolve their concerns through an appeal under paragraph 17, as available, before initiating mediation or out-of-court dispute settlement proceedings. Users have no obligation to attempt to resolve their concerns through an appeal under paragraph 17, or mediation or out-of-court dispute settlement proceedings, and shall always have the right to issue formal legal proceedings.
4. When mediation or out-of-court dispute settlement proceedings are initiated, eBay and the user will engage in good faith discussions with the selected body with a view to resolving the dispute. The decisions and proposals of the selected body shall not be binding for either party. eBay reserves the right to refuse to cooperate with the selected body if:
   1. a dispute regarding the same content and same grounds for the alleged illegality of the content or its alleged incompatibility with eBay's terms and conditions or eBay's policies has already been resolved;
   2. the out-of-court dispute settlement body has been called upon after the expiry of the six-month period pursuant to paragraph 17.5 and no appeal has been submitted with eBay within this period either; or
   3. the user is subject to a suspension for having frequently submitted unfounded notices or appeals pursuant to paragraphs 19.1 or 19.2.

19. Measures in case of abusive notices and appeals

1. eBay is entitled to suspend the processing of notices from users and third parties regarding allegedly illegal content for a reasonable period of time or permanently if the user or third party in question has frequently submitted manifestly unfounded reports in the past.
2. eBay is entitled to suspend the processing of appeals per paragraph 17 for a reasonable period of time or permanently if the appellant/complainant concerned has frequently submitted obviously unfounded appeals in the past.
3. Before a suspension referred to paragraphs 19.1 or 19.2, eBay shall issue a warning, as far as this does not conflict with the purpose of the suspension. When deciding on a temporary or final suspension, eBay shall take into account the respective circumstances of the individual case and of these in particular, as far as known to eBay:
   1. the gravity, severity, frequency and periods of the unfounded notices or appeals;
   2. the relation of unfounded notices or appeals to other behaviour; and
   3. the intentions pursued, as far as identifiable by eBay.

20. General

1. Any claim, dispute or matter arising under or in connection with this User Agreement shall be governed and construed in all respects by the laws of England and Wales. You and eBay both agree to submit to the non-exclusive jurisdiction of the English courts.
2. In simple terms, "non-exclusive jurisdiction of the English courts" means that if you were able to bring a claim arising from or in connection with this User Agreement against us in court, an acceptable court would be a court located in England, but you may also elect to bring a claim in the court of another country instead. English law will apply in all cases, however (if you are a consumer) this will not affect any of your rights under Irish consumer law.
3. If any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
4. You agree that we may at any time and without notice set-off any of the amounts held in eBay user accounts held or controlled by you with any fees, charges or other amounts you owe us and (unless prevented by insolvency law) any such amounts you owe other members of the eBay group (including, without limitation, in respect of any services provided by any member of the eBay group). Our right to set-off means that we may deduct such fees, charges or other amounts mentioned in this paragraph from an eBay credit balance held or controlled by you.
5. We may assign our rights and obligations under this User Agreement without your prior express consent, provided that we assign the User Agreement on the same terms or terms that are no less advantageous to you.
6. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.
7. If you have a dispute with one or more users (and the dispute is in no way connected to any breach by us of these terms), you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) 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.
8. We may amend this User Agreement at any time by notifying you via email, or via the Messages section of My eBay. All amended terms shall automatically be effective 30 days after notification. Your continued use of our Services after the effective date of these amended terms constitutes your acceptance of them. This User Agreement may not be otherwise amended except through mutual agreement by you and an eBay representative authorised to do so. The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the eBay site.
9. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement. A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act.
10. eBay's VeRO programme 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 infringed, please notify our VeRO team through our Verified Rights Owner (VeRO) Programme and we will investigate.
11. The User Agreement, the eBay User Privacy Notice and all policies posted on our site are the entire agreement between you and eBay and supersede all prior understandings and agreements of the parties.
12. The following Sections survive any termination of this User Agreement: Fees (with respect to fees owed for our services), Content, Liability, Compensation, Legal Disputes and the release contained in this General section. You can contact us using any method specified in these terms, however legal notices shall be served by registered mail to eBay GmbH, Albert-Einstein-Ring 2-6, 14532 Kleinmachnow, Germany (VAT number DE 200081785). We shall send notices to you by email to the email address you provide to eBay during the registration process. Notice to you shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by registered mail to the address provided during the registration process. Notices sent to either party by registered mail shall be deemed to have been received by that party three days after the date of mailing.
13. Important: The previous amendment to this User Agreement was effective from 1 June 2021.