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Your 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. 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, 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.

Important: The previous amendment to this User Agreement was effective from 10 July 2008.

 

 

Our previous User Agreement

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

Introduction

Welcome to eBay. These terms and conditions apply to the services available from the domain and sub-domains of ebay.ie (which include, but are not limited to, www.ebaymotors.ie), and from all other eBay-branded websites provided for users in the Republic of Ireland.

If you reside in the Republic of Ireland or another country that is a member of the E.U., by using the services on the eBay websites (ebay.ie, eBay.com and other related websites where this agreement appears) you are agreeing to the following terms, including those available by hyperlink, with eBay GmbH, 22-24 Boulevard Royal, L-2449 Luxembourg, and the general principles for the websites of our subsidiaries and international affiliates.

If you reside within the United States, you are contracting with eBay, Inc. If you reside in Canada, starting on 1 July 2017, you are contracting with eBay Canada Limited, 500 King Street West, Suite 200, Toronto, ON M5V 1L9, Canada.

If you reside in the UK, starting on 1 August 2017, you are contracting with eBay (UK) Limited, 5 New Street Square, London, EC4A 3TW, United Kingdom. In all other countries, your contract is with eBay International AG. If you have any questions, please refer to our Help section.

If you reside in India prior to 1 August 2017, the entity you are contracting with is eBay India Private Limited, 14th Floor, North Block, R-Tech Park, Western Express Highway, Goregaon (East), Mumbai 400063, Maharashtra; thereafter, the entity is eBay International AG, Helvetiastrasse 15/17, 3005, Bern, Switzerland.

Before you may become a member of eBay, you must read and accept all of the terms and conditions in, and linked to, this User Agreement. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you also agree that your use of some eBay-branded websites or websites we operate may be governed by separate user agreements and privacy policies. The agreement that applies on any of our domains and subdomains is always the agreement that appears in the footer of each website. The User Agreement constitutes a legally binding agreement between you and eBay.

This Agreement is effective on 13 August 2008, for current users, and upon acceptance for new users.

Using eBay

You may not use our sites and services if you are under the age of 18 or you are not able to form legally binding contracts, or if your eBay membership has been suspended.

While using eBay, you will not:

  • Post, list or upload content or items in an inappropriate category or areas on our sites;

  • breach any laws, sell any counterfeit items or otherwise infringe the copyright, trade mark or other rights of third parties;

  • fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;

  • fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;

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

  • circumvent or manipulate our fee structure, the billing process, or fees owed to eBay;

  • post false, inaccurate, misleading, defamatory, or libelous content (including personal information);

  • take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information to non-eBay sites or for using it for purposes unrelated to eBay);

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

  • distribute or post spam, chain letters, or pyramid schemes;

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

  • copy, modify, or distribute content from our sites and eBay's copyrights and trademarks; or

  • harvest or otherwise collect information about users, including email addresses, without their consent.

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 (please see Business Selling Explained for more information).

We will commence supplying our services to you as soon as you accept this Agreement. Unless you and eBay agree otherwise, you will not be able to cancel this Agreement under the Consumer Protection (Distance Selling) Regulations 2000 (or any equivalent legislation in your jurisdiction) once the supply of the services has commenced.

Abusing eBay

eBay and the eBay community work together to keep the site working properly and the community safe. Please report problems, offensive content, and policy breaches to us.

eBay's Verified Rights Owner (VeRO) Programme works to ensure that listed items do not infringe upon the copyright, trade mark or other rights of third parties. If you believe that your rights have been infringed, please notify our VeRO team through our Verified Rights Owner (VeRO) Programme and we will investigate.

Without limiting other remedies, we may issue you with warnings, limit, suspend, or terminate our services and your account(s), restrict your access to, and your activities on, the Site (including, without limitation, by cancelling bids and removing listings and other hosted content), warn the eBay community not to transact with you and/or take technical and legal steps to stop you from using the Site if:

  • we think that you are creating problems (including, without limitation, by harassing eBay staff or other users) or exposing us or another eBay user to financial loss or legal liabilities;

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

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

  • you earn a net feedback rating of -4.

We also reserve the right to cancel unconfirmed accounts.

You agree not to hold eBay responsible for any loss you may incur as a result of eBay taking any of the actions described above.

No Spam

eBay and the eBay community work together to keep our sites and services working properly and the community safe. Please report problems, offensive content, and policy breaches to us.

eBay's Verified Rights Owner (VeRO) programme works to ensure that listed items do not infringe upon the copyright, trademark or other rights of third parties. If you believe that your rights have been infringed, please notify our VeRO team through our Verified Rights Owner (VeRO) Programme and we will investigate.

Without limiting other remedies, we may issue you with warnings, limit, suspend, or terminate our service and user accounts, restrict or prohibit access to, and your activities on, our sites (including, without limitation, cancelling bids and removing listings), delay or remove hosted content, and take technical and legal steps to keep you off our sites if:

  • we think that you are creating problems (including, without limitation, by harassing eBay staff or other users) or exposing us or another eBay user to financial loss or legal liabilities;

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

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

  • you earn a net feedback rating of -4.

We also reserve the right to cancel unconfirmed accounts, or accounts that have been inactive for a long time.

You agree not to hold eBay responsible for any loss you may incur as a result of eBay taking any of the actions described above.

Using information About Other eBay Users

eBay enables users to share personal and financial information in order to complete transactions. When users are involved in a transaction, they may obtain access to each other's name, user ID, email address, and other contact information, postal information and financial information. We cannot guarantee that other users will respect the privacy or security of your information and therefore we encourage you to evaluate the privacy and security policies of your trading partners before entering into transactions and choosing to share your information with them. Similarly, we ask you to respect other users' privacy and disclose your privacy and security policies to them. In all cases, you must comply with data protection laws and give other users a chance to remove themselves from your database and a chance to review the information you have collected about them.

You agree to use user information only in accordance with applicable laws and regulations (including, without limitation, data protection laws) and only for:

  • eBay-transaction-related purposes that are not unsolicited commercial communications

  • using services offered through eBay; and

  • other purposes that a user expressly agrees to.

Fees

Joining eBay and bidding on listed items is free. We do charge fees for using other services, such as listing items. When you list an item or use a service that has a fee you have an opportunity to review and accept the fees that you will be charged based on our Fees policy, which we may change from time to time. Changes to that Policy are effective after we provide you with at least fourteen days' notice of them by email, by posting the changes on the eBay site or via “My Messages”. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on our sites.

Unless otherwise stated, all fees are quoted in Euros. You are responsible for paying all fees and applicable taxes associated with using our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is overdue, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us and retaining collection agencies and legal counsel.) You agree that we may issue you with invoices in electronic format by email.

Content

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, trade marks, database rights and intellectual property rights you have in the content, in any media known now or in the future. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law.

For the convenience of sellers, we may offer catalogues of stock images, descriptions and product specifications, which are provided by third-parties. While we try to offer reliable data, we cannot promise that the catalogues will always be accurate and up-to-date. If you choose to include catalogue content in your listings, you will be responsible for ensuring that your listings are accurate and do not include misleading information. You agree that you will not hold our catalogue providers responsible for inaccuracies in their catalogues. The catalogues may include copyrighted, trademarked or other proprietary materials. You may use the catalogues only for informational purposes and only in connection with your eBay listings. You may not use catalogue content in a way that infringes or breaches anyone’s proprietary rights.

Liability

Nothing in this 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.

You will not hold eBay responsible for any loss you may incur as a result of eBay taking any of the actions described in the Abusing eBay section above nor for other users' actions or inactions, including things they post. You acknowledge that we are not a traditional auctioneer. Instead, our sites are a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and venues, such as stores, fixed price formats and auction-style formats.

At no point do we have possession of anything listed or sold through eBay. We do not review users’ listings or content and are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the truth or accuracy of feedback or other content posted by users on our sites, 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.

Please do not assume that the offer, sale, purchase, export or import of any item is valid and legal simply because it is listed on one of our sites.

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.

We cannot guarantee continuous or secure access to our services, and operation of our sites may be interfered with by numerous factors outside of our control. While we will use our reasonable endeavours to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.

We (including our parent, subsidiaries, affiliates, officers, 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 out of your use of our sites and services. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) €100.

Release

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Access and interference

Our sites contain robot exclusion headers. Much of the information on our sites is updated on a real-time basis and is proprietary or is licensed to eBay by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access our sites for any purpose without our express written permission.

Additionally, you agree that you will not:

  • take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;

  • copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from our sites without the prior expressed written permission of eBay and the appropriate third party, as applicable;

  • interfere or attempt to interfere with the proper working of our sites or any activities conducted on our sites; or

  • bypass our robot exclusion headers or other measures we may use to prevent or restrict access to our sites.

Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the eBay Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the eBay Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services.

Compensation

You agree that you will only use our sites and services in accordance with the terms and conditions set out in this Agreement. 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 Agreement or your violation of any law or the rights of a third party.

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notices

Except as explicitly stated otherwise, legal notices shall be served by registered mail to eBay GmbH. (ref:eBay.ie), 22-24 Boulevard Royal, L-2449 Luxembourg. We shall send notices to you by email to the email address you provide to eBay during the registration process (in your case). Notice shall be deemed given 24 hours after 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.

Third Party Rights

A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but thjs does not affect any right or remedy of a third party specified in this Agreement or which exists or is available apart from that Act.

Resolution of Disputes

If a dispute arises between you and eBay, we strongly encourage you to first contact us directly to seek a resolution by going to the  eBay Customer Support help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. This 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 exclusive jurisdiction of the English Courts.

Additional Terms

The following policies (together with all further policies that can be accessed via click-through links contained in such policies) are part of this Agreement and provide additional terms and conditions related to specific services offered on our sites. We expect you to read all of the linked documents carefully:

Each of these policies may be changed from time to time. Changes take effect when we post them on the eBay site. When using particular services on our sites, you are subject to any posted policies or rules applicable to services you use through our sites, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement.

General

 

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

In our sole discretion, we may assign this Agreement in accordance with the Notices Section (but without your prior express consent), provided that we assign the Agreement on the same terms or terms that are no less advantageous to you.

Section 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 Agreement.

We may amend this Agreement at any time by email, via “My Messages” or by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. This Agreement may not be otherwise amended except in a writing signed by you and us.

This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License, Liability, Compensation and Resolution of Disputes.

If you have any questions about this User Agreement, please refer to the Frequently Asked Questions about the User Agreement. If that document does not answer your questions, please contact eBay Customer Support

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