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Please read this policy carefully, because it governs how we resolve transaction disputes between buyers and sellers.
Effective
Date
This eBay Buyer Protection Policy is effective as of September 7, 2010.
Introducing eBay Buyer Protection
eBay hosts the dispute resolution process when buyers claim to a seller that their item was not received or the item they received is different from what was described in the listing. The on-eBay resolution process is the primary avenue for settling disputed eBay transactions and is designed to:
Help buyers and sellers resolve disputes in fewer steps, and provide buyers with a more familiar ecommerce resolution experience.
Offer an option to contact eBay if buyers and sellers can't reach resolution themselves. We'll take a more active role in ensuring transaction problems are resolved.
eBay Buyer Protection Policy
All purchases by eligible buyers that meet these conditions and do not fall within an exclusion or coverage limitation are covered by the eBay Buyer Protection Policy. Please note that the eBay Buyer Protection Policy applies only to the transaction; it is not a product warranty of any kind or a solution for buyers' remorse. This Policy is subject to all of the terms and conditions of eBay.com.
To take advantage of the eBay Buyer Protection Policy, buyers should first contact the seller and attempt to resolve the issue. If the buyer doesn't hear from the seller or can't resolve the issue with the seller, they can file a case under the eBay Buyer Protection Policy.
Buyers and sellers permit us to make a final decision, in our sole discretion, on any case that a buyer files with eBay under the eBay Buyer Protection Policy.
Conditions under which a case can be filed under the eBay Buyer Protection Policy
Buyers can file a case under the eBay Buyer Protection Policy when all of the following are true:
You completed a purchase of an eligible item on eBay and submitted a case within 45 days from the date of payment.
You purchased the item on eBay by using the "Pay Now" option, third-party checkout, or an eBay invoice.
You paid for the item in one lump payment. Transactions involving multiple payments, such as a deposit followed by a final payment, are not covered unless the non-lump sum payment was due to an eBay or PayPal system requirement or policy.
You used one of the following methods listed below:
Credit card or debit card processed through the seller's Internet merchant account
Bill Me Later
eBay Buyer Protection is not available if you have paid using payment methods not specified in this policy.
The item is not excluded from the eBay Buyer Protection Policy (see Exclusions).
There is a good faith dispute between you and the seller regarding the item. A good faith dispute can include cases such as:
You did not receive the item within 3 days of the estimated delivery time provided on the transaction order details page (or 7 days after payment, if no estimated time was specified). We may lengthen this period where necessary, for example based on the type of shipping provided or the buyer's location.
You received an item that was different from the one described in the listing (for example, you purchased a book, but received a hat).
You received an item that was not as described in the item description.
A good faith dispute does not exist if you improperly claim that the seller has not fulfilled the transaction, if you claim you never received an item when in fact you did, if you refuse to accept shipment of the item, or if you claim the item was not as described but the seller can prove otherwise.
Moreover, a good faith dispute does not include buyer's remorse (that is, the item delivered was as described in the item description, but you no longer want the item regardless of the reason). However, even in a case of buyer remorse the buyer may open a case and eBay may refund the buyer and receive reimbursement from the seller if at any point after the sale is completed, the seller agrees in writing through eBay messages to provide a refund upon receiving a return from the buyer. Once the buyer returns the item using appropriate tracking, the buyer may open a case and eBay may refund the buyer and recoup from the seller. If, however, a buyer returns an item without agreement from the seller through eBay's messages, we will not cover the buyer's case for the return and will not hold the seller accountable (even if the seller’s original eBay listing stated a return policy).
You have not initiated another form of resolution processing, including credit card chargebacks (if you paid by credit card) or PayPal Buyer Protection claims (if you paid by PayPal).
Exclusions from eBay Buyer Protection
The eBay Buyer Protection Policy does not cover services and some kinds of goods; false, abusive or illegitimate claims; or purchases where you have been or may be compensated by a third party. eBay reserves the right to decide if items that are or may be prohibited or restricted by eBay policies are covered. The following purchases are excluded:
Items listed or that should be listed (under our listing policy) in these categories:
Motors (except "Parts and Accessories")
Classified listings on eBayclassifieds.com or eBay.com
Items purchased on ebay.half.com
Items purchased on the eBay Digital Music Center (artists.ebay.com)
Buyer eligibility and other restrictions
Only buyers who have purchased items on the United States' eBay.com site are eligible for the eBay Buyer Protection Policy. Buyers who file a case through eBay Buyer Protection, but who did not purchase an item on the US eBay.com site, will be redirected to the existing resolution process for the site they used, if any. Sellers will use the resolution process initiated by the buyer. Resolution responsibilities and protections are outlined on the site of registration.
Buyers who we believe are attempting to commit or committing fraud are governed by the "Abusing eBay" conditions of our User Agreement. Fraud in this case can include, but is not limited to, making claims that are not backed by a good faith dispute, making claims in addition to attempting to receive reimbursement from another source (e.g., a credit card chargeback), or any other means by which one can unjustly benefit from eBay Buyer Protection. Buyers who fall under the "Abusing eBay" conditions are subject to our remedies as described in the User Agreement. In addition, we reserve the right to temporarily, indefinitely or permanently suspend your coverage under the eBay Buyer Protection Policy, immediately and without prior notice, if we suspect abuse, excessive cases, tampering or interference with the proper working of eBay Buyer Protection.
Fraudulent charges not covered
Fraudulent charges to a credit card or a PayPal account are not covered by the eBay Buyer Protection Policy. If you notice any charge on your PayPal account that you did not authorize, report this in the PayPal Resolution Center. Fraudulent charges made through your credit card should be resolved with your credit card company.
Resolution of cases under the eBay Buyer Protection Policy
Buyers who have been unsuccessful in resolving a problem directly with a seller can contact eBay via the Resolution Center. We will review the case, run a fraud check, and confirm where necessary that the buyer has already attempted to work with their seller. If the buyer is in good standing and the case meets the requirements of this Policy, we will review additional transaction information to determine if the case is ready for resolution. For example, we may review the messages sent between the buyer and seller through eBay messages. Depending upon the nature of the case, resolution may not be proper at that time. For example, if the item is still in transit, we may ask the buyer to wait.
If the case is ready to be resolved, eBay will contact the seller about the case. The seller will have up to 7 days (or 10 days, in case the transaction is international) to respond to the case. There may be circumstances that warrant eBay's acceleration of the resolution of the case. If the case is based on an item not received case, then a resolution would include:
Responding to the case by providing proof of delivery (for items valued over $250, we also require signature confirmation)
Coming to an agreement with the buyer to send the item or a replacement item
or
Refunding the buyer the full cost of the item (including any applicable sales tax) plus original shipping
A buyer may file an item not received case, and eBay may refund the buyer and receive reimbursement from the seller as stated in this policy, for an item that arrives and is shown to have been shipped outside of seller's stated handling time. In order for a buyer to receive a refund, a buyer must return the item in accordance with the return requirements of this policy.
If the case is based on an item not as described case, the resolution would include:
Responding to the case by providing proof to eBay that the item was described accurately and consistently throughout the listing and all associated communication (for example, providing documentation that supports "original," "first edition," or similar claims);
Agreeing to send a replacement item after the buyer returns the original, if this is what the buyer would prefer;
Refunding the buyer up to the full cost of the item (including any applicable sales tax) plus original shipping.
Unless resolution of the case is accelerated, after 7 days (or 10 days in the case that the transaction is international), eBay will check with the buyer to see if they are satisfied. If the buyer is satisfied, the case is closed. If we don't hear back from the buyer within an appropriate time, we won't refund them or hold the seller accountable for the transaction. If the buyer is still working with the seller or does not respond, we'll check back in another week.
If the buyer informs eBay that no resolution has been reached, eBay will review the case. If we find "item not received" cases in the buyer's favor, eBay will refund the full cost of the item (including any applicable sales tax) and original shipping to the buyer.
If we resolve "item not as described" cases in the buyer's favor, we will in most circumstances ask the buyer to return the item to the seller before we refund the buyer and try to recover the refund amount from the seller. In those cases, we'll ask the buyer to promptly provide a shipping tracking number to us; for items valued over $250, we'll also require the buyer to provide signature confirmation. Return shipping will be at the buyer's expense. Once we have confirmed that the item was returned to the seller, we will refund the full cost of the item (including any applicable sales tax) and original shipping to the buyer.
Buyers will not be required to return an item where the seller's geographic location is different from that shown on the listing (in violation of eBay policies), unless the seller pays for return shipping.
Refunds will be made with a PayPal credit. Buyers with an active PayPal account will simply log in to PayPal to claim the refund. Buyers without a PayPal account will be asked to create one with their eBay registered email address to claim the refund. Full details on PayPal accounts can be found in the PayPal User Agreement. In the unlikely event we are unable to send refunds to a PayPal account, we may provide refunds by voucher or coupon redeemable for purchases on eBay.
If the seller resolves the case by refunding the buyer after the case is opened but before the buyer contacts eBay further, eBay will credit the seller's final value fee for the sale automatically. If the buyer did not pay using PayPal, we'll confirm the refund with the buyer before returning final value fees to the seller. Insertion fee and other fees will not be refunded. For cases where a determination is made against the seller by eBay (a seller unresolved case), the seller will not receive a refund of his or her PayPal or eBay fees associated with the transaction.
There may be times when eBay – in its sole discretion – opts to reimburse the buyer without any impact on the seller.
How sellers may be protected from losing a claim
For item not received cases, sellers are protected from losing a case if they ship within their stated handling time and provide proof of delivery. Proof of delivery is tracking information from a shipping company that clearly displays:
the delivery status of the item as "delivered,"
the date of delivery (which reflects the seller shipped within stated handling time)
the recipient's address, displaying at least the city/state or ZIP code (or the equivalent) of the address listed in either the eBay order details page or the PayPal transaction details page, and
for items $250 USD (or local currency equivalent) or more, proof of the recipient's signature to confirm delivery is required.
For "item not as described" cases, sellers may protect themselves from losing a case if they provide clear documentation that the item was described accurately and consistently throughout the listing and all associated communication. For example, cases may be resolved in the seller's favor when the seller provides documentation that:
the buyer complains that the item is used, not new, and the listing and all associated communication clearly and consistently describes the item as used, or
a defect in the item was correctly described by the seller, or
the item was properly described, but the buyer didn't want it after they received it, or
the item was properly described but did not meet buyers' expectations, or
the item has minor scratches and was listed as used condition.
Appeals
Buyers and sellers have one opportunity within 45 days from the day the case is closed to appeal the decision by providing the appropriate documentation via the eBay resolution center. If the buyer successfully appeals, the buyer will be refunded and the seller will not be required to reimburse eBay. If the seller successfully appeals, the seller will be refunded the reimbursement amount to the reimbursement payment method on file with eBay.
Any eBay or PayPal fees associated with the transaction will not be refunded. Buyers and sellers agree that we will make a final decision on all appeals in our sole discretion.
Reimbursements from sellers
We require eBay sellers to comply with our resolution process. Sellers permit us to make a final decision, in our sole discretion, on any case that a buyer opens with eBay under the eBay Buyer Protection Policy. For seller unresolved cases, we will refund the buyer for the full cost of the item (including any applicable sales tax) and the original shipping, and we will require the seller to reimburse us for the amount due the buyer. Without limiting the foregoing, sellers may not have to pay a reimbursement for an eBay case if they provide the documentation (for example, delivery confirmation or proof that the item was as described) indicated in the section above. Other requirements for sellers:
Sellers must have a reimbursement method on file with eBay.
Sellers agree to allow us to remove funds from their PayPal accounts for amounts due to buyers. Sellers may change this reimbursement method by contacting eBay. However, we reserve the right to continue using the sellers' PayPal account for eBay Buyer Protection cases associated with eBay transactions paid for before the change.
Where there are insufficient funds in PayPal accounts or where PayPal is not the reimbursement method of a seller, we will require another reimbursement method.
Sellers agree to allow us to charge the payment method they designate for amounts due buyers.
Changing a reimbursement method will not affect eBay's use of a payment method on file for other purposes (such as payment of eBay fees). If sellers do not provide eBay with a valid reimbursement method, we may collect amounts owed using other collection mechanisms, including retaining collection agencies. We may also suspend or restrict sellers from trading on our sites until payment is made.
Holds
To protect against the risk of liability, eBay has at times requested, and may continue to request, that PayPal hold seller funds based on certain factors, including, but not limited to, selling history, seller performance, riskiness of the listing category, or the filing of an eBay Buyer Protection claim. PayPal has held, and will continue to hold, seller funds pursuant to the terms of the PayPal User Agreement, PayPal policies and any other agreement entered into between PayPal and its users.
Correcting Mistakes in Payments to Buyers or Sellers
We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the erroneous eBay Buyer Protection refund or reimbursement.
Relationship between eBay Buyer Protection and other resolution methods (PayPal Buyer Protection, and credit card/debit card chargebacks)
The eBay resolution process is the primary avenue for settling issues with on-eBay transactions. However, buyers will still have the option to continue with the PayPal system instead, or to file a chargeback if they paid using a credit card. Once a buyer selects a system, eBay, PayPal, or chargeback, they are required to use that system for the duration of the case.
Here are the basic principles behind how eBay manages dispute resolution between eBay, PayPal, and chargebacks:
eBay Buyer Protection is the primary program for settling issues with eBay transactions.
No double consequences for sellers, and no double refunds for buyers.
Chargebacks override all other disputes.
PayPal Buyer Protection
Buyers who make a purchase on eBay.com using PayPal may still file a dispute using PayPal Buyer Protection. If a buyer chooses to resolve the dispute through PayPal, then the eBay Buyer Protection Policy will not apply (instead, PayPal Buyer Protection will apply). If resolution on a case is reached by eBay, then PayPal will close future claims regarding the same transaction that are made through PayPal Buyer Protection.
Chargebacks
Chargebacks filed on an eBay transaction will close all cases opened with eBay or PayPal.
If a seller loses a chargeback after they reimburse eBay for an eBay Buyer Protection seller unresolved case, they may appeal the eBay Buyer Protection decision by providing evidence of the lost chargeback through the eBay resolution center within 45 days of when the chargeback was filed. If the appeal is resolved in the seller's favor, the seller will be refunded the reimbursement amount.
Buyers who file a chargeback after receiving a refund are abusing eBay Buyer Protection and may be subject to consequences outlined in our "Abusing eBay" policy.
What happens if a buyer believes an item is not authentic?
Items that are suspected of being counterfeit are covered by the eBay Buyer Protection Policy, subject to the above and these additional terms:
Sellers and buyers must work together in good faith during the resolution process to satisfy buyer concerns that an item may not be authentic. For example, sellers should provide the buyer with appropriate documentation or other assurances that the item is authentic, if such information is available.
Where the seller is not able to satisfy the buyer's concerns about the authenticity of an item, sellers agree that the buyer will typically have to return the item to the seller before getting a refund. Buyers agree that they will typically be required to return the item to the seller before getting a refund. Costs of return shipping will be paid by the buyer unless the buyer and seller agree otherwise. Where buyers are not required to return the item, buyers agree to cooperate with us to ensure the proper disposal of the item as described below. Due to the unresolved dispute regarding the authenticity of the item, sellers must not later list, advertise or offer for sale the item on any eBay site or service around the world (including our subsidiaries, joint ventures and other members of the eBay corporate family).
Generally, buyers will not be obligated to provide third-party confirmation that an item is counterfeit to open a case. Buyers should feel free, however, to seek such written confirmation from the manufacturer whenever they suspect that an item may be counterfeit. In cases where a buyer has written confirmation from the manufacturer that the item is counterfeit, or in any cases where eBay requests this confirmation, the buyer must send this information directly to us. We reserve the right to accept this written confirmation directly from other reliable third parties. Buyers agree to cooperate with us to ensure the proper disposal of counterfeit items. For example, buyers may be asked to destroy (and certify that the item has been destroyed), or send the item to the manufacturer or other appropriate third party for disposal. Any costs associated with this destruction or disposal may be paid by eBay, in our sole discretion.
Covered cases that meet the above conditions and are not excluded under this Policy may be considered as criteria, infringement or a violation by the seller of our prohibited and infringing items policy. As a result, we may impose sanctions on the seller, up to and including suspension of the seller's account.
Additional information: Links to find out more
eBay Buyer Protection – Buyer FAQ
eBay Buyer Protection – Seller FAQ
New Selling Practices Policy
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