New York, Florida, South Carolina, Louisiana, Pennsylvania and Illinois Based Events Policy

General

Amount of Coverage

Eligibility    

   a.  Seller Qualification Requirements . A seller’s eBay listings are eligible to qualify for event coverage if the following conditions are met: 

1. Sellers will automatically offer this coverage by listing the item on www.eBay.com (for NY, FL, SC, LA, PA and IL based events only), then selecting PayPal as a payment option on eBay’s Sell Your Item form or when using bulk listing tools such as Turbo Lister, Seller’s Assistant, or 3^rd-party listing tools.
   
    

  b.  Listing Qualification Requirements.  For an individual listing to qualify for the event coverage, the seller must:

1. List the item on one of the following eligible eBay sites:
    

                            i.    www.eBay.com

2. Select PayPal as an accepted payment method during the eBay listing process and provide his or her PayPal email address. If the seller is listing the item through the Sell Your Item form, this information is entered in Step 4: Payment & Shipping. Sellers can also list with bulk listing tools or 3rd party listing services, but it is the seller's responsibility to ensure that PayPal is selected as an accepted payment method.
    
3. The item sold in the listing must be a tangible, physical item or good which can be shipped, or an electronic ticket. All other items are ineligible for this coverage, including but not limited to intangible goods, services, quasi-cash, gift certificates, and downloadable or streaming content. In addition, items prohibited in the PayPal Acceptable Use Policy are ineligible for coverage. If an item does not meet the requirements in this section b.3, it is ineligible for NY/FL/SC/LA/PA/IL event coverage, even if the PayPal Buyer Protection Seal is displayed in the item listing.  
   
   

  c.  Buyer Qualification Requirements. To qualify for NY/FL/SC/LA/PA/IL coverage on a qualified listing, the buyer must:

1. File the claim within 45 days of the date of the payment, as described in 4.e below.
    
2. Send a single PayPal payment for the full price of the item to the PayPal account specified by the seller in the listing. A buyer may send the payment to any email address associated with the seller’s PayPal account. If the buyer sends payment to a different PayPal account, even at the seller’s request, the transaction will not be covered by this program. Sellers that ask buyers to send payment to a PayPal account different than the one originally linked to the listing, so that they can avoid coverage hereunder, risk having their account access limited. 
    
3. Associate the PayPal payment with the eBay listing. For example, when paying through the Send Money tab, the buyer must select “eBay Item” as the payment type and must enter the correct Item Number before making the payment.

To be sure you meet the above requirements, PayPal suggests paying via the gray “Pay Now” button on the closed eBay listing. This will ensure the payment is sent to the correct PayPal account and associated with the listing in question.

a. Reasons to File a Claim. A buyer may file a Claim for one of the following reasons:  

1.  The seller did not deliver the promised goods. If the buyer does not receive the goods purchased, he or she is eligible for coverage. Buyers should wait a reasonable amount of time – at least a week – to receive the item, and should first attempt to contact the seller and resolve the dispute before filing a claim.
 

2.  The item delivered by the seller is ‘significantly not-as-described’ in the item listing.An item is ‘significantly not-as-described’ if the seller clearly misrepresented the details of the item in a way that affects its value or usability. Please note that this does not include cases where you are merely disappointed with the item or where the item did not meet your expectations. Reasons that an item may be considered ‘significantly not-as-described’ include, but are not limited to, the following:  

i.         The item is a completely different item than that which was presented by the seller in the listing. For example, if the listing states 1^st row and the actual tickets are for 10^th row.

ii.       The condition of the item is significantly different.    

iii.      The item is unusable and was not disclosed as such.

iv.      The item is not authentic and was not disclosed as such. For example, the ticket received by the buyer does not allow them to enter the ticketed event because the ticket is counterfeit.
v.       The item is missing a major portion or quantity. 

An item is not considered ‘significantly not-as-described’ if:   

i.     The item fits into one of the 'significantly not-as-described' categories but was reasonably and prominently described in the listing as such.  

ii.      The item is not wanted by the buyer after s/he sees it in person but was properly described in the listing.       

iii.    The item did not meet your expectations.  

Please note that these are representative examples. There may be times when the characteristics of the item or the situation do not render the items 'significantly not-as-described.' PayPal encourages all buyers and sellers to communicate with each other before and after the transaction to prevent these issues from occurring. For items that do not qualify as 'significantly not-as-described', we still encourage the buyer and seller to find an equitable solution. PayPal will reserve the right to make a decision on 'significantly not-as-described' if the buyer and seller cannot agree.  

3. The ticketed event is cancelled and not scheduled to be replayed, and the purchaser returns the tickets to the seller without response or the seller denying a refund.

b. One Claim Award Per Listing. You may only receive one protection award per eBay listing. For multiple-listings under one PayPal payment, each qualified listing is eligible for up to the maximum payout in coverage.  

c.  One Claim Per Payment.  You may only file one protection claim per PayPal payment. If you purchased multiple qualified items with a single PayPal payment, you must identify all the items on which you are claiming protection in a single claim. A protection claim may not be edited or changed after it has been filed.  

d. You Must File a Claim Within 45 Days. Before filing a claim, contact the seller and attempt to resolve the dispute. If you are unable to resolve the dispute in this manner, file a claim in PayPal’s Resolution Center.

PayPal will contact the seller and investigate your claim. If the claim involves non-delivery of goods, the seller must present appropriate proof of delivery to the buyer’s specified address. If the claim is granted, PayPal will provide a full refund. PayPal may also limit the seller's access to his or her PayPal account. If your payment was funded wholly or partly with a credit card, PayPal will reimburse you (up to the maximum) first by issuing a refund to your credit card, and then by crediting any remaining amount to your PayPal balance.

PayPal will seek to resolve the claim within 30 days of the date the complaint is filed, though such time frame may be extended, if appropriate, to accommodate the investigation. This policy applies only to the sale of tangible, physical goods and excludes all other sales and services, pursuant to section 3.b.3 above.  

e. Buyer Responsibilities. You agree to respond to any PayPal inquiries regarding the claim within the time specified. If you fail to respond to PayPal's request for more information, your claim will be cancelled and you will not receive a refund.

If you file a claim for a 'significantly not-as-described' item, you will generally be required to return the item to the seller, at your own expense. Buyers in the United States, Canada, and the United Kingdom must use an online-trackable shipping method to return the item to the seller, and will be asked to provide the tracking number to PayPal. For transactions equal to $250.00 USD (or the equivalent in the currency of the transaction) or more in value, you will also need to provide an online proof-of-receipt in the form of a signature from the recipient. Buyers outside the United States, Canada, and the United Kingdom should use an online-trackable shipping method if one is available. Once PayPal has confirmed that the seller has received the item, your refund will be processed. Additionally, in some instances, the seller may choose to forego having the item returned. In some instances, PayPal may ask the buyer to file a police report on the transaction to support your claim.

In some cases, buyers will be asked to specify the amount of the refund they would find acceptable to settle the dispute. If you specify a partial refund amount that is less than the amount of the original transaction, and the seller agrees to refund the amount you specified, PayPal will consider the claim to be successfully resolved.
 

f. Seller Responsibilities. You agree to respond to any PayPal inquiries regarding a claim filed against you within the time specified. If you fail to respond to PayPal's request for more information, you forfeit your right to appeal and the refund will be paid to the buyer from your PayPal account. You must respond to PayPal's inquiries even if you believe the listing does not qualify for NY/FL/SC/LA/PA/IL protection plan under the rules listed in 3, above. You may only appeal PayPal's decision if the item was no longer in its original condition (more than the normal wear from shipping) when the buyer returned the item to you.

If the buyer claims that the item was not received, you must be able to prove that the item was delivered by providing PayPal with an online-tracking number that shows evidence of delivery.

If a buyer files a claim against you for a New York, Florida, South Carolina, Louisiana, Pennsylvania or Illinois-based event, PayPal will place the disputed amount on hold until the claim is resolved, and you will not be able to withdraw this amount. In the event that PayPal grants a buyer's claim against you under this policy, you agree to reimburse PayPal from either your PayPal account or by other means. This could mean that your PayPal account balance will go negative. In addition, your PayPal account access may be limited until PayPal has been reimbursed for the full amount of the refund. If a claim is filed against you, we recommend keeping sufficient funds to cover the refund of the payment in your PayPal balance to avoid having your balance become negative.

You can avoid liability for buyer claims of non-delivery by qualifying for PayPal’s Seller Protection Policy. To qualify, you must follow the guidelines for the Policy, accessible from two primary locations; a link located on the main page of PayPal’s User Agreement and a link titled Protection for Sellers located in the Security Center portion of PayPal’s website.

The Seller Protection Policy does not protect you against claims that an item you sold on eBay was significantly not as described in the listing PayPal recommends that you provide thorough descriptions and photos of the actual item in the eBay listing to protect yourself against 'significantly not-as-described' claims.   

g. Decisions are final. Once PayPal has closed a claim, it cannot be reopened.  

1. Currency. Unless otherwise stated, all amounts in these Terms and Conditions are in U.S. Dollars.  
2. Access to proof of shipment. PayPal may access shipping information from the courier on your behalf to verify shipment status.  
3. Single PayPal or eBay Claim.  You must file with PayPal to be eligible for this program and should not also file a separate claim with eBay.