The following User Agreement shall apply to users registering on or after 8 September 2009, as from the date of registration. For users who registered prior to 8 September 2009, the User Agreement shall apply as from 23 October 2009. The previous amendment to this Agreement was effective for all users on 8 July 2009. You can find the old User Agreement here. The following describes the terms on which eBay offers you access to our services.
The previous amendment to this Agreement was effective for all users on 8 July 2009. You can find the old User Agreement here.
Introduction
Welcome to eBay. These terms and conditions apply to the services available from the domain and sub-domains of eBay.co.uk (which include, but are not limited to, ebaymotors.co.uk), and from all other eBay-branded websites provided for U.K. users. If you reside in the U.K. or another country that is a member of the E.U., by using the services on the eBay websites (ebay.co.uk, eBay.com and other related websites where this agreement appears) you are agreeing to the following terms, including those available by hyperlink, with eBay Europe S.Ã r.l., 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. In all other countries, your contract is with eBay International AG. If you have any questions, please refer to our Help section. 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. Some eBay sites, services and tools may have additional or other terms that we provide to you when you use those sites, services or tools.
remove funds from the seller’s PayPal account to reimburse the buyer for the cost of the item and the original postage cost in accordance with the seller’s authorisation provided to us under this Agreement; or,
where there are insufficient funds in the seller’s PayPal account or where PayPal is not the reimbursement method of the seller, directly refund the buyer for the cost of the item and the original postage cost, and, in this case, the seller must reimburse us in full, and in a timely manner, for an amount equivalent to the sum we paid to the buyer.
Sellers must have a reimbursement method on file with eBay at all times. Sellers may change this reimbursement method by contacting eBay and searching for ‘Change My Reimbursement Method’. Where the seller is found at fault, we will notify the seller and charge the method of reimbursement that the seller has on file.
This Agreement is effective on 23rd October 2009, 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;
breach our policies including, without limitation, the Prohibited and Restricted Items policies and the other policies linked to from the "Additional terms" section below;
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. All sellers are advised to retain proof of delivery;
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 libellous 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, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
distribute viruses or any other technologies that may harm eBay, or the interests or property of eBay users;
copy, modify, or distribute rights or content from our sites, services or tools or 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.
We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time or to modify or discontinue eBay sites. You agree not to hold eBay responsible for any loss you may incur as a result of eBay taking this action.
Abusing eBay
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 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.
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, remove any special status associated with the account (including, without limitation, PowerSeller status), reduce or eliminate any discounts, 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 by making unreasonable legal threats against eBay), or exposing us or another eBay user to financial loss or legal 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 Agreement or our policies;
despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us;
you earn a net feedback rating of -4.
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.
eBay Buyer Protection
Buyers and sellers share the responsibility for making sure purchases facilitated by eBay are exciting, rewarding and hassle-free. We strongly encourage buyers to work with sellers before opening a claim relating to a purchase.
For covered claims that meet the conditions and are not excluded, eligible buyers will be reimbursed through PayPal. The eBay Buyer Protection policy is part of this Agreement and incorporated by reference.
Buyers and sellers agree to follow the requirements of eBay Buyer Protection Policy with respect to claims. eBay Buyer Protection covers only claims filed in accordance with the eBay Buyer Protection Policy, not claims filed with PayPal.
eBay sellers shall comply with our resolution process. Sellers permit us to make a final decision, in our sole discretion, on any claim that a buyer files with eBay under the eBay Buyer Protection Policy and agree to the following:
Sellers must have a reimbursement method on file with eBay. Sellers may change this reimbursement method by contacting eBay and searching for Change My Reimbursement Method.
If we resolve a dispute in the buyer’s favour, we may:
remove funds from the seller’s PayPal account to reimburse the buyer for the cost of the item and the original postage cost; or,
where there are insufficient funds in the seller’s PayPal account or where PayPal is not the reimbursement method of the seller, directly refund the buyer for the cost of the item and the original postage cost, and, in this case, we will require the seller to reimburse us for the refund.
For this purpose you, in the capacity of a seller, authorise and instruct us and PayPal to collect or reverse variable amounts (representing payments related to covered claims) from your PayPal Account to carry out a buyer reimbursement. You acknowledge and agree that your authorisation to collect or reverse payments will be made on a recurring basis and on various dates as required by us to implement the terms of the eBay Buyer Protection Policy.
For future claims, where a seller is found at fault, we will notify the seller and continue to charge the seller’s preferred method of reimbursement. Changing a reimbursement method will not affect eBay’s use of a payment method on file for other purposes (such as payment of your eBay fees). If sellers do not provide eBay with a valid reimbursement method, we may collect the outstanding sums using other collection mechanisms, including retaining collection agencies. We may also suspend or restrict sellers from trading on our sites until payment is made.
Without limiting the foregoing, sellers may not have to pay reimbursement for an eBay claim if they provide the documentation (for example, delivery confirmation or proof that the item was as described) indicated in the eBay Buyer Protection Policy.
No spam
We do not tolerate spam (unsolicited commercial communications). Please set your eBay notification preferences so we communicate to you as you prefer. You may not add other eBay users, even a user who has purchased an item from you, to your mailing list (email or physical mail) without their consent.
You may not use our communication tools to send spam or otherwise send content that would breach our User Agreement. We may automatically scan and manually filter email messages before they are sent via our communication tools for spam, viruses, phishing attacks and other malicious activity or illegal or prohibited content, but we do not permanently store such messages. If you send an email to an email address that is not a registered eBay email address belonging to an eBay member, we do not permanently store that email or use that email address for any marketing purpose. We do not rent or sell these email addresses.
To report spam from other eBay users, please contact eBay Customer Support.
Using information about other eBay users
Our sites and services enable 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. By law, you must 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 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 Messagesâ€. 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 the sites.
Unless otherwise stated, all fees are quoted in GB pounds sterling. 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, and for accounts over 180 days overdue, deducting the amount owed from your PayPal account balance.) 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 any and all 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 (including eBay users) you may use catalogue content solely in connection with your eBay listings during the time your listings are on eBay’s sites.
While we try to offer reliable data, we cannot promise that the catalogues will always be accurate and up-to-date, and you agree that you will not hold our catalogue providers or us responsible for inaccuracies in their catalogues. If you choose to include catalogue content in your listings, you continue to be responsible for ensuring that your listings are accurate, do not include misleading information and fully comply with this User Agreement and all eBay policies. The catalogue may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogues or create any derivative works bases on catalogue content (other than by including them in your listings).
Liability
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, without limitation, things they post, items they list or their destruction of allegedly fake items. You acknowledge that we are not a traditional auctioneer. Instead, our sites are venues to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and locations, 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. While we may help facilitate the resolution of disputes through various programmes, 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 or return an item. For certain categories, particularly motors and real estate, or bid or offer is a non-binding transaction representing a buyer’s serious expression of interest in buying the seller’s item.
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, directly or indirectly, out of your use of or your inability to use of our sites and services.
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 total fees (under eBay Fees and Services) you paid to us in the 12 months prior to the action giving rise to the liability, and (b) £100.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
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.
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 hand-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 or with 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 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 Europe S.Ã r.l. (ref:eBay.co.uk), 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 this 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. Any claim, dispute or matter arising under or in connection with 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 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 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.
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 out and the remaining provisions shall be enforced.
In our sole discretion, we may transfer our rights and obligations (also known as “assignâ€) under 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 writing hand signed by you and us. For the purposes of this provision, “in writing†does not include an email message and “hand signed†does not include an electronic signature.
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
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.co.uk (which include, but are not limited to, ebaymotors.co.uk), and from all other eBay-branded websites provided for U.K. users. If you reside in the U.K. or another country that is a member of the E.U., by using the services on the eBay websites (ebay.co.uk, eBay.com and other related websites where this agreement appears) you are agreeing to the following terms, including those available by hyperlink, with eBay Europe S.Ã r.l., 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. In all other countries, your contract is with eBay International AG. If you have any questions, please refer to our Help section.
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. Some eBay sites, services and tools may have additional or other terms that we provide to you when you use those sites, services or tools.
If an item you sold on eBay is subject to buyer claim under eBay Buyer Protection policy, and we make a related payment to the buyer, upon our request, you will compensate us in full, and in a timely manner, for an amount equivalent to the sum paid by us.
This Agreement is effective on 8th July 2009, 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;
breach our policies including, without limitation, the Prohibited and Restricted Items policies and the other policies linked to from the "Additional terms" section below;
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. All sellers are advised to retain proof of delivery;
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 libellous 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, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
distribute viruses or any other technologies that may harm eBay, or the interests or property of eBay users;
copy, modify, or distribute rights or content from our sites, services or tools or 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 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, the sites (including, without limitation, cancelling bids and removing listings), delay or remove hosted content, remove any special status associated with the account (including, without limitation, PowerSeller status), reduce or eliminate any discounts, 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 by making unreasonable legal threats against eBay), 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;
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 or to modify or discontinue eBay sites.
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.
eBay Buyer protection
Buyers and sellers share the responsibility of making sure purchases facilitated by eBay are exciting, rewarding and hassle-free. We strongly encourage buyers to work with sellers before opening a claim relating to a purchase. When a buyer doesn't receive an item or the item doesn't match what was described, and the seller doesn't provide adequate resolution to the buyer, eBay will reimburse the buyer subject to the conditions, exclusions and coverage limitations of the eBay Buyer Protection policy. eBay will reimburse the buyer up to the full purchase price plus postage and packing paid by the buyer to the seller, as described in the eBay Buyer Protection policy.
Please note that the resolution of the dispute through the eBay Buyer Protection policy does not change users’ obligations to maintain appropriate records for tax purposes demonstrating that a transaction has been cancelled.
For covered claims that meet the conditions and are not excluded, eBay will reimburse eligible buyers through PayPal .
The eBay Buyer Protection policy is part of this Agreement and incorporated by reference.
Buyer Obligations:
Buyers agree to file claims in accordance with the conditions, eligibility requirements and coverage limitations, as further explained in the eBay Buyer Protection policy.
eBay reserves the right to temporarily, indefinitely or permanently suspend the eBay Buyer Protection programme immediately if we suspect abuse, excessive claims, tampering, or interference with the proper working of the programme.
eBay Buyer Protection doesn’t cover certain types and categories of goods or services, false, abusive or illegitimate claims, or transactions where you have been or may be compensated by another third party. Please read the eBay Purchase Protection policy for more details.
Seller Obligations:
Sellers agree to follow the programme requirements as explained in the eBay Purchase Protection policy.
All sellers with an open claim must work in good faith to resolve the claim, refund money and/or provide a replacement item, and accept a return of the item as explained by the eBay Buyer Protection Policy.
If a seller doesn't resolve a claim, the seller agrees to pay eBay the amount paid by eBay to the buyer in accordance with the eBay Buyer Protection policy. Upon our request, you will pay eBay in full, and in a timely manner, in accordance with our request.
Obligations with respect to allegedly counterfeit items:
Sellers shall work with the buyer in good faith during the resolution process to provide buyer with appropriate documentation to satisfy the buyer that the item is not counterfeit, if such information is available.
If buyer and seller cannot agree that the item is not counterfeit, for covered claims that meet the conditions and are not excluded, buyers may be required to send the item back to the seller (where eBay elects to exercise its discretion). Cost of return shipping will be paid by the buyer or eBay in our sole discretion, unless otherwise agreed upon by the buyer and seller.
If there is sufficient evidence that the item is counterfeit it will count as a violation by the seller of our prohibited and infringing items policy.
Sellers shall not list, advertise, or cause that item to appear for sale, barter or trade, on any eBay Inc. (including our subsidiaries, joint ventures, and other members of the group) website or service located around the world.
While buyers are not obliged to provide third party confirmation that an item is counterfeit in order to open a claim, in cases where there is written confirmation from the manufacturer that the item is counterfeit, or in additional circumstances where eBay elects to exercise its discretion, eBay may request the destruction or preservation of the item by an authorised third party and at eBay’s expense.
No spam
We do not tolerate spam (unsolicited commercial communications). Please set your eBay notification preferences so we communicate to you as you prefer. You may not add other eBay users, even a user who has purchased an item from you, to your mailing list (email or physical mail) without their consent.
You may not use our communication tools to send spam or otherwise send content that would breach our User Agreement. We may automatically scan and manually filter email messages before they are sent via our communication tools for spam, viruses, phishing attacks and other malicious activity or illegal or prohibited content, but we do not permanently store such messages. If you send an email to an email address that is not a registered eBay email address belonging to an eBay member, we do not permanently store that email or use that email address for any marketing purpose. We do not rent or sell these email addresses.
To report spam from other eBay users, please contact eBay Customer Support.
Using information about other eBay users
Our sites and services enable 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 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 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 Messagesâ€. 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 the sites.
Unless otherwise stated, all fees are quoted in GB pounds sterling. 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, and for accounts over 180 days overdue, deducting the amount owed from your PayPal account balance.) 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 are responsible for ensuring that your listings are accurate and do not include misleading information. You agree that you will not hold our catalogue providers or us responsible for inaccuracies in their catalogues. The catalogue 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 eBaysection above nor for other users' actions or inactions, including, without limitation, things they post, items they list or their destruction of allegedly fake items. 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 locations, such as stores, shops, 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. While we may help facilitate the resolution of disputes through various programmes, 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 or return an item. For certain categories, particularly motors and real estate, or bid or offer is a non-binding transaction representing a buyer’s serious expression of interest in buying the seller’s item.
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, directly or indirectly, out of your use of or your inability to 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 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 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 hand-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 or with 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 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 Europe S.Ã r.l. (ref:eBay.co.uk), 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 this 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; for claims falling within the jurisdiction of a County Court, you and eBay both agree to submit to the jurisdiction of the County Court of Wandsworth.
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 writing hand signed by you and us. For the purposes of this provision, “in writing†does not include an email message and “hand signed†does not include an electronic signature.
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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