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User Agreement

This User Agreement applies at the time of its acceptance by users who register for an eBay account. For users registered before 15 June 2020, it applies from 19 July 2020. You can view the previous version of the User Agreement here.

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

Introduction

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.

  • 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.

  • 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.

  • If you reside within the United States, you are entering into a contract with eBay Inc, 2065 Hamilton Ave, San Jose, CA, 95125, USA.

  • If you reside in Canada, you are entering into a contract with eBay Canada Limited, 500 King Street West, Suite 200, Toronto, ON M5V 1L9, Canada.

  • 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.

  • If you reside elsewhere, you are entering into a contract with eBay Marketplaces GmbH, Helvetiastraße 15-17, 3005 Bern, Switzerland.

About eBay

eBay is a marketplace that allows users to offer, sell and buy just about anything in a variety of pricing formats and locations.

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. eBay is not a traditional auctioneer.

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.

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 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 remain obligated 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.

Using eBay

In connection with using or accessing the Services you will not:

  • post, list or upload content or items in inappropriate categories or areas on our sites;

  • breach or circumvent any laws, third party rights or our systems or policies;

  • sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties;

  • 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;

  • 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);

  • 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;

  • manipulate the price of any item or interfere with any other user's listings;

  • post false, inaccurate, misleading, defamatory, or libellous content;

  • take any action that may undermine the Feedback or ratings systems (please see our rules about Feedback);

  • transfer your eBay account (including Feedback) and user ID to another party without our consent;

  • distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;

  • use the contact information of other users for any purpose other than in relation to a specific eBay transaction (which includes using this information to send marketing materials directly to eBay users unless the user has given explicit consent to receiving these materials);

  • distribute viruses or any other technologies that may harm eBay, or the interests or property of eBay users;

  • use any robot, spider, scraper or other automated means to access our Services for any purpose;

  • bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;

  • 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;

  • 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;

  • 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;

  • commercialise any eBay application or any information or software associated with such application;

  • harvest or otherwise collect information about users, such as email addresses, without their consent; or

  • circumvent any technical measures we use to provide the Services.

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. 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.

If (1) we believe you are violating the policy on Offers 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, application of fees for the introduction of seller to buyer, and recovery of expenses for policy monitoring and enforcement; 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.

We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services.

 

Termination and abusing eBay

Users can terminate this User Agreement at any time. eBay may terminate the User Agreement at any time with a notice period of 30 days to the end of the month. In relation to business sellers who offer goods or services to consumers via the eBay Services as part of their business or self-employed professional activities, eBay will provide reasons for the ordinary termination. The right to suspend a user as well as the right to an extraordinary termination for good cause remains unaffected.

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:

  • we think that you are creating problems or possible legal liabilities;

  • we think that such restrictions will improve the security of the eBay community or reduce our or another eBay user's exposure to financial liabilities;

  • we think that you are infringing the rights of third parties;

  • we think that you are acting inconsistently with the letter or spirit of this User Agreement or our policies or abuse our employees or users;

  • despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or

  • you fail to make full payment of any fees due for our Services by your payment due date.

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.

Fees

The fees we charge for using our Services are listed on our Seller 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. You may close your account without penalty within 30 days of such notice being given.

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.

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.

Listing Conditions

When listing an item, you agree to comply with the rules for listing and selling practices policy and that:

  • 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;

  • your listing may not be immediately searchable by keyword or category for up to 24 hours. eBay does not guarantee exact listing durations;

  • 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. Your fixed-price listings will renew automatically once per calendar month until the quantities sell out or until you cancel the listing. The exact day of the month that the renewal takes place depends on the initial listing start date;

  • content that violates any of eBay's policies may be modified, obfuscated or deleted at eBay's discretion;

  • we may revise product data associated with listings to supplement, remove, or correct information;

  • 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. Learn more about finding an item you listed for sale;

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:

  • buyers' location, search query, browsing site and history;

  • item's location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;

  • seller's history, including listing practices, Detailed Seller Ratings, eBay policy compliance, Feedback, and defect rate; and

  • number of listings matching the buyer's query.

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.

  • Some advanced listing upgrades may only be visible on certain eBay Services.

  • Listing upgrades may be paid-for benefits that can affect the appearance or placement of listings in the search and browse results.

  • eBay's duplicate listings policy may also affect whether your listing appears in search results;

  • 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;

  • 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;

  • 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;

  • 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 with regard to the respective offer of the Seller, and they must comply with their respective obligations towards the Buyer.

Purchase Conditions

When buying an item, you agree to comply with the rules for buyers and that:

  • you are responsible for reading the full item listing before making a bid or commitment to buy;

  • 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).

 

International buying, selling and translation

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.

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 but acknowledge that your listings may not appear on some or all of these sites.

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.

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.

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.

Content

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.

We offer 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. eBay may modify or revoke that permission at any time in our sole discretion.

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 attempt to hold us or our data providers liable for inaccuracies. As a seller, you agree to ensure that content directly associated with your listings is accurate. The product data includes copyrighted, trademarked and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the product data and not to create any derivative works based on that data (other than by including the data in your listings).

Data protection and Privacy

  • 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.

  • 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 "GDPR") 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.

  • 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).

  • Failure to abide by the aforementioned obligations may result in disciplinary action up to and including account suspension.

  • 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).

  • 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).

  • 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.

  • 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.

  • 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.

Restricting Funds

To protect against the risk of liability and where PayPal is managing your payments, eBay has at times recommended, and may continue to recommend, that PayPal restrict access to funds in a seller's PayPal account based on certain factors, including, but not limited to, selling history, seller performance, returns, riskiness of the listing category, transaction value or the filing of a case. This may result in PayPal determining to restrict funds in your PayPal account.

Liability

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.

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:

  • your use of or your inability to use our Services;

  • pricing, postage or other guidance provided by eBay;

  • delays or disruptions in our Services;

  • viruses or other malicious software obtained by accessing, or linking to, our Services;

  • glitches, bugs, errors, or inaccuracies of any kind in our Services;

  • damage to your hardware device from the use of any eBay Service;

  • the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;

  • a suspension or other action taken with respect to your account or breach of the Abusing eBay section;

  • the duration or manner in which your listings appear in search results as set out in the Listing conditions section; or

  • 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.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. This is especially so if you are a consumer.

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.

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.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) 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 (b) 100 euros.

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.

Compensation

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.

Legal Disputes

If a dispute arises between you and eBay, we strongly encourage you to first contact us directly to seek a resolution by contacting Customer Service. eBay Customer Service is available free of charge for every user to submit complaints and other inquiries and also operates an internal complaint management system for this purpose. eBay's customer service will carefully document and review each complaint and will take any necessary action and inform the user in writing about the outcome of the complaint procedure. eBay regularly reviews its internal complaint management system and may issue a report.

We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures. eBay is not obliged to participate in consumer dispute resolution procedures before a consumer dispute resolution body. eBay is willing to cooperate with mediators to reach out-of-court settlement of disputes with business sellers. However, before initiating such mediation proceedings, business sellers should try to resolve their concerns with eBay's Customer Service. 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.
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.

General

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.

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.

We may assign our rights and obligations under this User Agreement in accordance with the below (but 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.

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.

If you have a dispute with one or more users, 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.

We may amend this User Agreement at any time by email, or via the Messages section of My eBay or by posting the amended terms on www.ebay.ie. All amended terms shall automatically be effective 30 days after they are initially posted. 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.

eBay's Verified Rights Owner (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.

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.

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. 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.

Important: The previous amendment to this User Agreement was effective from 1 May 2018.

Our previous User Agreement

 

This User Agreement applies at the time of its acceptance by users who register for an eBay account. For users registered before 1 April 2018, it applies from 1 May 2018. 

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

Introduction

This User Agreement, the eBay User Privacy Notice, the Mobile Device Terms 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, the Mobile Device Terms 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.

  • If you reside in the Republic of Ireland or another country that is a member of the European Union (excluding the United Kingdom), until 30th of April you are entering into a contract with eBay Europe S.à r l, 22-24 Boulevard Royal L-2449 Luxembourg (registration to RCS of Luxembourg B 120781, lot VAT LU 21416127, license No. 114463). From 1st of May, you are entering into a contract with eBay GmbH, Albert-Einstein-Ring 2-6, 14532 Kleinmachnow, Germany (VAT number DE 200081785).

  • 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.

  • If you reside within the United States you are entering into a contract with eBay, Inc, 2025 Hamilton Ave, San Jose, CA, 95125, USA.

  • If you reside in Canada you are entering into a contract with eBay Canada Limited, 500 King Street West, Suite 200, Toronto, ON  M5V 1L9, Canada.

  • If you reside elsewhere, until May 31st of 2018, you are entering into a contract with eBay International AG, Helvetiastraße 15-17, 3005 Bern, Switzerland. Starting June 1st of 2018, you are entering into a contract with eBay Marketplaces GmbH, Helvetiastraße 15-17, 3005 Bern, Switzerland.

 

 

About eBay

eBay is a marketplace that allows users to offer, sell and buy just about anything in a variety of pricing formats and locations.

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. eBay is not a traditional auctioneer.

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.

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 provided by eBay. This includes, but is not limited to, amounts owed for eBay fees 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 remain obligated 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.

Using eBay

In connection with using or accessing the Services you will not:

  • post, list or upload content or items in inappropriate categories or areas on our sites;

  • breach or circumvent any laws, third party rights or our systems or policies;

  • sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties;

  • 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;

  • 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);

  • 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;

  • manipulate the price of any item or interfere with any other user's listings;

  • post false, inaccurate, misleading, defamatory, or libellous content;

  • take any action that may undermine the Feedback or ratings systems (please see our rules about Feedback);

  • transfer your eBay account (including Feedback) and user ID to another party without our consent;

  • distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;

  • use the contact information of other users for any purpose other than in relation to a specific eBay transaction (which includes using this information to send marketing materials directly to eBay users unless the user has given explicit consent to receiving these materials);

  • distribute viruses or any other technologies that may harm eBay, or the interests or property of eBay users;

  • use any robot, spider, scraper or other automated means to access our Services for any purpose;

  • bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;

  • 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;

  • 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;

  • 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;

  • commercialise any eBay application or any information or software associated with such application;

  • harvest or otherwise collect information about users, such as email addresses, without their consent; or

  • circumvent any technical measures we use to provide the Services.

If you are registering with eBay as a business entity, you represent that you have the authority to legally bind that entity. 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.

If (1) we believe you are violating the policy on Offers 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, application of fees for the introduction of seller to buyer, and recovery of expenses for policy monitoring and enforcement; 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.

We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services.

 

Abusing eBay

Without limiting other remedies, we may 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:

  • we think that you are creating problems or possible legal liabilities;

  • we think that such restrictions will improve the security of the eBay community or reduce our or another eBay user's exposure to financial liabilities;

  • we think that you are infringing the rights of third parties;

  • we think that you are acting inconsistently with the letter or spirit of this User Agreement or our policies or abuse our employees or users;

  • despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or

  • you fail to make full payment of any fees due for our Services by your payment due date.

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.

Fees

The fees we charge for using our Services are listed on our Seller 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. You may close your account without penalty within 30 days of such notice being given.

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.

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.

Listing Conditions

When listing an item, you agree to comply with the rules for listing and selling practices policy and that:

  • 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;

  • your listing may not be immediately searchable by keyword or category for up to 24 hours. eBay does not guarantee exact listing durations;

  • content that violates any of eBay's policies may be modified, obfuscated or deleted at eBay's discretion;

  • we may revise product data associated with listings to supplement, remove, or correct information;

  • 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. Learn more about finding an item you listed for sale;

  • eBay's duplicate listing policy may also affect whether your listing appears in search results;

  • 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;

  • 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;

  • some optional upgrade features will only be visible on certain eBay Services.

Accordingly, 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.

 

Purchase Conditions

When buying an item, you agree to comply with the rules for buyers and that:

  • you are responsible for reading the full item listing before making a bid or commitment to buy;

  • 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).

 

International buying, selling and translation

Sellers and buyers are responsible for complying with all laws and regulations applicable to international sales, purchases, and postage of items.

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 but acknowledge that your listings may not appear on some or all of these sites. When you sell your items internationally, you agree to be subject to that other site's policies, and you agree to be subject to and accept eBay's International Selling Agreement.

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.

Content

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.

We offer 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. eBay may modify or revoke that permission at any time in our sole discretion.

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 attempt to hold us or our data providers liable for inaccuracies. As a seller, you agree to ensure that content directly associated with your listings is accurate. The product data includes copyrighted, trademarked and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the product data and not to create any derivative works based on that data (other than by including the data in your listings).

Restricting Funds

To protect against the risk of liability, eBay has at times recommended, and may continue to recommend, that PayPal restrict access to funds in a seller's PayPal account based on certain factors, including, but not limited to, selling history, seller performance, returns, riskiness of the listing category, transaction value or the filing of a case. This may result in PayPal determining to restrict funds in your PayPal account.

Liability

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.

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:

  • your use of or your inability to use our Services;

  • pricing, postage or other guidance provided by eBay;

  • delays or disruptions in our Services;

  • viruses or other malicious software obtained by accessing, or linking to, our Services;

  • glitches, bugs, errors, or inaccuracies of any kind in our Services;

  • damage to your hardware device from the use of any eBay Service;

  • the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;

  • a suspension or other action taken with respect to your account or breach of the Abusing eBay section;

  • the duration or manner in which your listings appear in search results as set out in the Listing conditions section; or

  • 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.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. This is especially so if you are a consumer.

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.

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.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) 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 (b) 100 euros.

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.

Compensation

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.

Legal Disputes

If a dispute arises between you and eBay, we strongly encourage you to first contact us directly to seek a resolution by contacting Customer Service. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. 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.

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.

General

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.

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.

We may assign our rights and obligations under this User Agreement in accordance with the below (but 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.

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.

If you have a dispute with one or more users, 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.

We may amend this User Agreement at any time by email, or via the Messages section of My eBay or by posting the amended terms on www.ebay.ie. All amended terms shall automatically be effective 30 days after they are initially posted. 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.

eBay's Verified Rights Owner (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.

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.

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. 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.

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