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Global Shipping Program

Seller Terms & Conditions

Effective Date: December 31, 2013

The following additional Global Shipping Program Seller Terms and Conditions (“Terms”) apply to items that you sell to buyers through the Global Shipping Program (“Program”):

  1. Nature of the Program. By joining the Program, you are choosing to make certain items (“GSP Item(s)”) available for sale to buyers for delivery outside of the United States (“Buyers”) through the Program, along with certain parcel processing, domestic and international shipping, and customs clearance services (collectively, the “Services”) that will be offered to Buyers of GSP Items by a third party global technology and shipping provider, Pitney Bowes Inc. (“Pitney Bowes”). For GSP Items, the pricing that will be displayed to Buyers at checkout will be inclusive of all shipping and import charges associated with these Services, as described further below.
    1. Description of the Services. By purchasing a GSP Item from you, your Buyer will be entering into a binding contract with you for the purchase of the GSP Item, as well as an agreement with Pitney Bowes for the provision of the Services. By joining the Program, you will also be entering into an agreement directly with Pitney Bowes on the terms set forth in these Terms for the provision of the following Services in connection with your sale of GSP Items to Buyers:
      1. Parcel processing service. Upon receipt of your Buyer’s cleared payment, you will ship the GSP Item to a parcel processing facility located in the United States (“U.S. Shipping Center”), which is managed by Pitney Bowes and operated by a third party logistics provider. Pitney Bowes will oversee the sorting and processing of the GSP Item at the U.S. Shipping Center in preparation for international shipment to your Buyer.
      2. International shipping and tracking service. Pitney Bowes will arrange for the international shipment of your Buyer’s order from the U.S. Shipping Center by a third party shipping carrier (or carriers) to the delivery address designated by your Buyer. You and your Buyer will be able to track the international shipment of the order from the United States to your Buyer’s designated delivery address within My eBay.
      3. Customs service. Based on information provided by you and obtained during the processing of your order, Pitney Bowes will manage the exportation and, through third party customs brokers, the importation clearance of GSP Items purchased by your Buyer, including, as applicable, remitting your Buyer’s payment of import charges to applicable customs and tax authorities, preparing required documentation, making necessary filings, and providing customs authorities with information needed to clear the shipment through customs.
    2. Roles of the Parties.
      1. Pitney Bowes. Headquartered at 1 Elmcroft Road, Stamford, CT 06926 and publicly traded on the New York Stock Exchange under the symbol PBI, Pitney Bowes is a global technology and shipping provider. The Services described above will be provided to you and your Buyers either by Pitney Bowes itself, its affiliates, or via third party logistics providers, shipping carriers, customs brokers, freight forwarders, and/or other subcontractors under contract with Pitney Bowes. Your relationship with Pitney Bowes is governed by these Terms.
      2. Your Role as the Exporter of Record; Power of Attorney. You hereby agree that Pitney Bowes will designate you as the U.S. Principal Party in Interest (“Exporter of Record”) of GSP Items that you sell or, at its discretion, will designate itself or one of its service providers as the Exporter of Record in your place to facilitate the export clearance of GSP Items. You are responsible to: (A) ensure that your sale and exportation of GSP Items complies with all laws and regulations of the United States, and (B) prepare and transmit any Electronic Export Information or other documents or records required to be filed by the U.S. Census Bureau, U.S. Customs and Border Protection, Bureau of Industry and Security, and/or any other U.S. government agency. However, to the extent applicable, you hereby grant to Pitney Bowes (and, to the extent necessary, its third party service providers) a “Power of Attorney” authorizing Pitney Bowes and/or its service providers to act as your agent(s) to retain customs brokers and/or freight forwarders for the purpose of transacting customs business with all relevant export, customs and revenue authorities on your behalf, including, but not limited to, making export classifications, completing export filings, managing any dispute with such authorities regarding customs classifications, applicable duties, and/or taxes, and performing any other act that may be required by law or regulation in connection with the exportation and/or transportation of any GSP Items sold by you for shipment out of the United States and into any other country. You acknowledge and agree that the making of export classifications requires expertise and that you will defer to the expertise of Pitney Bowes in performing this task and will not question the export classifications made by Pitney Bowes on your behalf.
      3. Your Buyer’s Role as Importer of Record. Pitney Bowes will designate your Buyer (or the recipient of the GSP Item that your Buyer purchases, if someone other than your Buyer) as the “Importer of Record” of the GSP Item or, at its discretion, will designate one of its service providers as the Importer of Record to facilitate the customs clearance of the GSP Item. To the extent applicable, your Buyer has granted to Pitney Bowes (and, to the extent necessary, its third party service providers) a power of attorney authorizing Pitney Bowes and/or its service providers to act as your Buyer’s agent(s) to retain customs brokers and/or freight forwarders for the purpose of transacting customs business with all relevant customs and revenue authorities on behalf of your Buyer, including, but not limited to, arranging for the importation of the GSP Item, assigning Harmonized System classification codes to each commodity, accounting for duties and taxes on your Buyer’s behalf, and managing any dispute with such authorities regarding customs classifications, applicable duties and/or taxes.
      4. Relationship between eBay and Pitney Bowes. eBay Inc. (“eBay”) and Pitney Bowes are independent contractors and have entered into an agreement with one another in order to make the above-described Services available to you in connection with your use of the eBay.com website. However, eBay is not providing any of the Services, and Pitney Bowes is neither owned by, nor affiliated with, eBay.
    3. Data Privacy. eBay’s collection of personal information in connection with the Program is governed by the privacy policy that applies to your use of the eBay.com website. However, in order for Pitney Bowes to provide you with the Services that you are requesting under the Program, Pitney Bowes requires the following personal information in addition to listing information about your GSP Items: your name, user ID, address, email address, and telephone number. By these Terms, you direct eBay to provide this personal and order information to Pitney Bowes on your behalf so that Pitney Bowes may provide you with the Services that you are requesting under the Program. You acknowledge that Pitney Bowes may, in turn, disclose this information to its affiliates, service providers, and customs and revenue authorities as necessary to perform the Services that you have requested (for example, providing your name and address information to service providers so that they can complete necessary export filings with export, customs, and revenue authorities on your behalf). Your personal and order information will be collected, used, and disclosed by Pitney Bowes only for the purpose of providing the Services in accordance with Pitney Bowes's privacy policy, which may be found here, with the exception that Pitney Bowes shall not provide, rent, sell or otherwise share the foregoing information for marketing purposes. eBay does not control the privacy policies of Pitney Bowes, its affiliates, or its service providers, and you are subject to the privacy policies of those parties, as applicable.
    4. Optional Services. The Services being offered to you by Pitney Bowes under the Program are entirely optional. However, to sell items through the Program, you must agree to these Terms. If you do not agree with these Terms, then you cannot sell items through the Program.
  2. Your Use of the Program. You will use the Program in compliance with these Terms, eBay’s policies, and all applicable laws, including, but not limited to, the following requirements and limitations:
    1. Applicability of eBay User Agreement. The Program is designed to be used in conjunction with the eBay.com website and is therefore subject to the eBay.com User Agreement and policies (collectively, and as the same may be amended from time to time, “eBay’s policies”). These Terms apply to you in addition to the eBay.com User Agreement. In relation to your sale of GSP Items through the Program, where there is any conflict or inconsistency between these Terms and any other agreement or policy between you and eBay, these Terms will control as to all matters that are explicitly addressed in these Terms. For all matters not explicitly discussed in these Terms, eBay’s policies will control.
    2. Member Eligibility and Participation Limits. Your use of the Program is subject to your having and maintaining at all times eBay’s minimum performance standards for all sellers. eBay may expand or limit participation or use of the Program at any time, in its discretion, with or without notice to you.
    3. Item Eligibility. Not all listings on eBay.com are eligible for the Program. Items that you offer for sale to Buyers through the Program, and which appear to be eligible for the Program based on their listing description, will be so designated for Buyers within the GSP Item listing. eBay reserves the right at any time, in its sole discretion, with or without notice to you, to alter or amend the eligibility requirements for items under the Program, including, but not limited to, limits on the number, type, category, and/or value of items and/or transactions. You agree not to sell any ineligible items through the Program. Item eligibility requirements include, but are not limited to, the following:
      1. Item Location. Only items physically located in the United States and which you ship to the U.S. Shipping Center from a United States address are eligible for the Program. Any items that you send to the U.S. Shipping Center from an address outside of the United States shall be processed as undeliverable items, as described below.
      2. Item Listing Site. Only items that you list for sale on eBay.com are eligible for the Program. However, eBay may make your eligible eBay.com listings available to international buyers on eBay.com and on eBay's international sites.
      3. Restricted Categories. Items listed in certain eBay.com categories are ineligible for the Program. You may find a list of restricted categories here.
      4. Prohibited Item Types. Several types of items are ineligible for the Program. You may find a list of prohibited item types here.
      5. Oversized Items. Parcels which exceed maximum weights and/or dimensions are ineligible for the Program. "Parcel" means a box, bag, container or other package containing one or more GSP Items sold comprising all or part of a Buyer order.
      6. Illegal and Hazardous Items. Items that are illegal or restricted for export from the United States, are illegal or restricted from import to the country specified in the delivery address specified by your Buyer, and/or which fall within one or more of the United Nations hazard classes and/or as identified by the International Air Transport Association are ineligible for the Program.
      7. Items subject to Export Controls. Items that (A) relate to an Export Control Classification Number that is considered dual use, controlled, or otherwise restricted by the Export Administration Regulations Commerce Control List and require a license or (B) are subject to any U.S. export control regulations, as determined by Pitney Bowes and/or its service providers in their exclusive discretion, are ineligible for the Program.
      8. Other Prohibited Items. Items that are otherwise prohibited on eBay’s website properties are ineligible for the Program. You may review eBay’s prohibited items policies here.
      9. Other. Items that eBay and/or Pitney Bowes determine, in their sole discretion, would not benefit from the Program or could create problems or liabilities for the Program. In the event that eBay determines, for whatever reason, that one or more of your listings is eligible for sale to certain countries or regions but is ineligible for sale to other countries or regions, you authorize eBay, in its discretion, to exclude the listing from being offered through the Program to buyers in the ineligible countries or regions in lieu of excluding the listing from the Program entirely or removing the listing from eBay generally.
    4. Accepted Payment Method. Your Buyer must pay for GSP Items using PayPal. Therefore, only your GSP Item listings that offer PayPal as a payment method are eligible for the Program. You agree to accept payment for GSP Items from your Buyer using your PayPal account. Your use of the PayPal services is subject to the PayPal User Agreement and Privacy Policy between you and the PayPal entity that provides the PayPal services to you, including all applicable PayPal fees described in your PayPal User Agreement (for example, PayPal's fees for international payments).
    5. Country Eligibility. The Program is not available for shipments to all countries. The delivery address specified by your Buyer must be within a country eligible under the Program. eBay reserves the right to expand or limit the countries eligible for the Program at any time, in its sole discretion, with or without notice. However, for Sellers who have previously joined the Program, eBay will provide notice of any additions to the list of eligible countries by posting notice on eBay.com. Any such additions shall automatically be effective 10 calendar days after notice is initially posted, at which time (i) any new listings that you create under the Program (and which are otherwise eligible for the Program) will be automatically available for sale to Buyers in the additional countries and (ii) your existing, live listings that offer GSP Items will be automatically updated to permit sales to Buyers in the additional countries. The countries currently eligible for the Program may be found here.
    6. Availability of Other Shipping Services. You may continue to sell items that are not eligible for the Program and/or to countries where the Program is not available using other international shipping services that you specify in your listing. For items that are eligible for the Program and that are offered to Buyers in countries where the Program is available, the only international shipping service available to your Buyer will be that provided through the Program.
    7. Non-Commercial Use. Merchandise available through the Program may not be sold for commercial resale purposes. By selling GSP Items, you agree not to sell any merchandise through the Program for commercial resale purposes.
    8. Program Rules. You will comply with the following rules for any GSP Items that you sell through the Program:
      1. Your order total should not exceed $2,500 per eligible country;
      2. Upon receipt of your Buyer’s cleared payment, you will promptly ship the GSP Items purchased by your Buyer to the U.S. Shipping Center address provided to you, in each case in accordance with the terms and description that you promised to your Buyer in your listing;
      3. You will package all GSP Items in a commercially reasonable manner and in accordance with weight and dimensions limits specified in subsection 2(c)(v) above;
      4. You will create a shipping label on eBay to have your tracking information uploaded automatically or, if you don't use eBay label printing, you should upload tracking information to eBay to maximize the amount of tracking information available to your Buyer;
      5. You should include with each shipment of GSP Items to the U.S. Shipping Center an order-specific packing slip;
      6. You will accurately specify, where possible, each Parcel's weight and dimensions plus the item's country of manufacture (if known) in your listing. In the event that eBay or Pitney Bowes conclude that any such information that you specify is inaccurate upon processing the Parcel at the U.S. Shipping Center, you authorize eBay, Pitney Bowes and/or any third party designated by either eBay or Pitney Bowes to correct this information on your behalf for this and future Parcels;
      7. You will ship all GSP Items contained in a single order to the U.S. Shipping Center in a single Parcel;
      8. You will not combine multiple orders (either belonging to the same Buyer or different Buyers) in a single Parcel.
    9. Feedback. Your Buyers will be able to leave you Feedback for transactions involving GSP Items. However, eBay will remove negative or neutral feedback associated with GSP transactions in the following circumstances:
      1. If your Buyer files an eBay Buyer Protection claim against you involving a GSP Item and eBay resolves the claim in your favor because you were not at fault (or because eBay determines that Pitney Bowes or its third party service providers were at fault), eBay will remove any negative or neutral feedback associated with that GSP Item.
      2. If after acceptance at the U.S. Shipping Center a GSP Item is not, or cannot be, delivered to your Buyer, eBay will remove any negative or neutral feedback associated with that GSP Item.
      3. If a GSP Item is delivered to your Buyer and your Buyer leaves you negative or neutral feedback associated with the GSP Item but does not file an eBay Buyer Protection claim, you may contact Customer Support to request that any negative or neutral feedback associated with that GSP Item be removed.
    10. Detailed Seller Ratings. Your Buyers will be able to provide Detailed Seller Ratings for transactions involving GSP Items. However, you will be eligible for automatic 5-star detailed seller ratings for GSP Items in the following circumstances:
      1. If you provide free domestic shipping (i.e., free shipping to the U.S. Shipping Center), you will automatically receive a 5-star detailed seller rating for shipping and handling charges.
      2. If you provide 1-day handling, upload tracking information within 1 business day of receiving cleared payment, and the tracking information shows the GSP Item as being delivered to, and it is accepted at, the U.S. Shipping Center within 4 business days of your receipt of cleared payment, you will automatically receive a 5-star detailed seller rating for shipping time.
      In addition, eBay will not count detailed seller ratings that are left by your Buyer against your seller performance standards in the following circumstances:
      1. If your Buyer files an eBay Buyer Protection claim against you involving a GSP Item and eBay resolves the claim in your favor because you were not at fault (or because eBay determines that Pitney Bowes or its third party service providers were at fault), eBay will not count against your seller performance standards any detailed seller ratings that are left by your Buyer for that GSP Item.
      2. If after acceptance at the U.S. Shipping Center a GSP Item is not, or cannot be, delivered to your Buyer, eBay will not count against your seller performance standards any detailed seller ratings that are left by your Buyer for that GSP Item.
      3. If a GSP Item is delivered to your Buyer and your Buyer leaves you detailed seller ratings for shipping and handling charges or shipping time that are below 5 stars, eBay will not count those detailed seller ratings for that GSP Item against your seller performance standards.
    11. Compliance with Applicable Laws. You agree not to sell, transfer, or export any GSP Items through the Program in violation of any applicable laws or regulations. By selling, transferring, or exporting a GSP Item through the Program, you are representing and warranting that your sale, transfer, or export of the GSP Item does not violate any applicable laws or regulations of the United States. Without limiting the foregoing, in utilizing the Program, you agree: (i) to comply with all applicable U.S. export laws and regulations, including, but not limited to, the requirements of the Export Administration Act of 1979, as amended, and the Export Administration Regulations promulgated thereunder, except to the extent that such non-compliance is caused by the negligence or willful misconduct of Pitney Bowes; (ii) that all products and technologies that you send to Pitney Bowes shall only be exported, re-exported or otherwise transferred, directly or indirectly, in accordance with these laws and regulations; (iii) that you will not export, re-export, or otherwise transfer, directly or indirectly, or request Pitney Bowes to export, re-export, or otherwise transfer, any products and technologies to any destination or to any person if this would be prohibited, in whole or in part, by any U.S. law or regulation or would otherwise be prohibited by any U.S. government entity or agency; and (iv) to immediately notify eBay and Pitney Bowes in writing if you or one of your affiliates are or become listed in any Denied Persons List or if your export privileges or the export privileges of any of your affiliates are otherwise denied, suspended or revoked, in whole or in part, by any U.S. government entity or agency. In addition, it is your responsibility to collect and pay any and all U.S. state and local sales taxes, if applicable, due on sales that you make through the Program.
    12. Available Remedies. Without limiting other remedies, included those described elsewhere within eBay’s policies, eBay may at any time, in its sole discretion, with or without notice to you, limit, prohibit, refuse, cancel, block, suspend and/or terminate your use of the Program and/or the Services if you violate any of these Terms, eBay’s policies, or any applicable laws.
    13. Program Updates and Discontinuation. eBay has the right, but not the obligation, to alter, amend, replace, suspend temporarily, and/or discontinue permanently, the Program, the name of the Program, any of the Services, features, and/or functionality offered to you under the Program, and/or the service providers used to provide any or all of the Services under the Program, at any time, in its sole discretion, with or without notice to you.
    14. Opt-in and Opt-Out Once you join the Program, these Terms will apply to all of your eligible new listings and existing listings. It may take up to 48 hours to apply the Program to your existing eligible listings. Your opt-in may not apply to listings that you create using a mobile device. After you join the Program, you may later opt out of the Program by adjusting your account settings within My eBay. Your opt out may take up to 72 hours to process and will not apply to any of your existing listings that are restricted from revision—for example, because there are one or more pending bids or there is a pending best offer. You may also exclude individual listings from the Program by adjusting the shipping options within the international shipping section of your listings at the time that you create the listings.
  3. Payment and Program Fees.
    1. No Enrollment Fee. There is no fee to join the Program.
    2. Description of Program Fees. Your Buyer is responsible for paying all shipping and import charges (collectively, the “Program Fees”) that apply to the purchase of GSP Items during checkout. These Program Fees, which will be calculated and displayed to your Buyer within GSP Item listings, are as follows:
      1. “International priority shipping” (or “Shipping”): this Program Fee consists of charges associated with the parcel processing and shipping services described above and is comprised of the following variable amounts: your domestic shipping charges to ship the GSP Item to the U.S. Shipping Center; third party international shipping charges to ship Buyer orders from the U.S. Shipping Center to the designated delivery address; fuel surcharges; charges for selling, general, and administrative expenses, hardware, software development and licenses, operations, and hosting by Pitney Bowes; charges from third party parcel processing service providers and for the management of the parcel processing service providers and related software systems; charges relating to the management of insurance for lost or damaged items; charges for operational expenses associated with short-term loss recovery and the management of variances between the quoted Shipping amount and actual costs; and any referral fees paid by Pitney Bowes to eBay for referring you to the Program.
      2. “Import charges”: this Program Fee consists of charges associated with the customs service described above and is comprised of the following variable amounts: sales, goods and services, and value added taxes, duties, tariffs, excise taxes, and other amounts assessed or levied by any government authority in connection with the importation of goods into the applicable country of importation (but excluding income taxes) ("Commodity taxes"); third party brokerage fees (including advancement and disbursement charges and customs brokers handling and filing fees); penalties (but excluding any customs duties, taxes, surcharges, fines, penalties, or other charges which may be imposed on Buyers by customs or tax officials after a GSP Item has successfully cleared customs and been delivered to, or made available for pickup at, the delivery address specified by your Buyer); classification charges associated with the assignment of a Harmonized System ("HS") classification code; charges for export compliance screening and verification and the assignment of an Export Control Classification Number (ECCN); and operational expenses associated with short-term loss recovery and the management of variances between the quoted Import charges and actual costs. Note: at eBay's discretion, applicable classification and export compliance charges, third party brokerage fees, and operational expenses may instead be included within the Shipping amount that is quoted to Buyers.
    3. Program Fee Estimates. The Program Fees quoted to a Buyer in a GSP Item listing will be estimates only and subject to change until the Buyer pays for the GSP Item and the quoted Program Fees in full during checkout. With the exception of any domestic shipping charges that you specify (to ship an order to the U.S. Shipping Center), the quoted Program Fees are derived from real-time, proprietary estimates of applicable international shipping and import charges by Pitney Bowes. Pitney Bowes’s estimates may not always reflect actual costs to Pitney Bowes; actual shipping and/or import costs may be more or less than the estimates. However, subject to your Buyer’s compliance with the terms of the Program, a Buyer’s payment of the GSP Item price and quoted Program Fees during checkout will represent the total amount of Shipping and Import charges for a GSP Item to be purchased, shipped to the delivery address specified by your Buyer, cleared by customs, and delivered to (or made available for pickup at) the delivery address specified by your Buyer. As a condition of the Program, Buyers will agree not to request, and will not receive, a refund for the difference, if any, between Program Fees that they pay and actual costs to Pitney Bowes in the event that actual shipping and/or import costs are less than the amounts paid by the Buyer. Buyers are responsible for any customs duties, taxes, surcharges, fines, penalties, or other charges which may be imposed on them by customs or tax officials after a GSP Item has successfully cleared customs and been delivered to the Buyer.
    4. Payment Split. PayPal will split your Buyer’s payment of the Program Fees between you and Pitney Bowes in the following manner:
      1. Payment to you: PayPal will transmit to your PayPal account that portion of your Buyer’s payment consisting of the GSP Item price and the amount (if any) charged by you to ship the GSP Item to the U.S. Shipping Center. Payment would be subject to applicable payment holds, if any, as further described in the eBay.com User Agreement.
      2. Payment to Pitney Bowes: PayPal will transmit the balance of your Buyer’s payment to Pitney Bowes’s PayPal account.
    5. Remittance of Program Fees to Third Parties. Upon its receipt of your Buyer’s payment of the Program Fees, Pitney Bowes shall be responsible for paying its service providers for fees owed to its service providers and for remitting Commodity taxes to governmental authorities, as applicable.
    6. Final Value Fee Calculation. Final value fees for GSP Items are calculated based on the total amount of the sale, including your domestic shipping charges (if any), but excluding the Program Fees paid by your Buyer to Pitney Bowes for its Services.
    7. Payment Reversals. If eBay, Pitney Bowes, or Pitney Bowes’s service providers determine, after your Buyer has purchased a GSP Item, that the GSP Item is ineligible for the Program or cannot be shipped to your Buyer (for whatever reason), eBay and its affiliates shall have the right to cancel your sale of the GSP Item in lieu of proceeding with the processing and/or shipment of the GSP Item and, upon exercising this right, shall reverse the PayPal payment that your Buyer made to you and to Pitney Bowes for the GSP Item and will process the GSP Item as an undeliverable item, as described below.
    8. Currency Conversion. Unless stated otherwise, all Program Fees are quoted to Buyers in U.S. dollars.
    9. Unpaid Items and Payment Failure. Your Buyer’s purchases of GSP Items under the Program are subject to eBay’s unpaid item policy.
  4. Lost, Damaged, or Undeliverable Items. GSP Items purchased by your Buyer may be covered by an eBay Buyer Protection or PayPal Purchase Protection program, as described below. eBay and Pitney Bowes shall have no liability and shall have, in their discretion and in any manner that they prefer, the right to dispose of or liquidate Parcels (and their contents) that eBay or Pitney Bowes conclude are undeliverable, for whatever reason. If eBay or Pitney Bowes conclude that a Parcel is undeliverable and elect to dispose of or liquidate a Parcel, title to the Parcel (and its contents) shall transfer automatically from you to eBay, Pitney Bowes and/or any third party designated by either eBay or Pitney Bowes (as eBay and Pitney Bowes may elect), at no cost to either eBay or Pitney Bowes (or to any third party designated by eBay or Pitney Bowes), and eBay and Pitney Bowes (and any third party designated by eBay or Pitney Bowes) shall retain all proceeds (if any) received from the disposal or liquidation of the Parcel and/or its contents). eBay or Pitney Bowes may also elect to return to you at any U.S. address that you have on file with eBay any Parcels that eBay or Pitney Bowes conclude are undeliverable.
    1. eBay Buyer Protection. Your sales of GSP Items to Buyers on eBay.com are subject to the eBay Buyer Protection policy on eBay.com. For eBay Buyer Protection cases in which eBay determines that a GSP Item sold by you was damaged or not received by your Buyer, eBay will review the case to determine whether you or Pitney Bowes should be responsible for the damage or non-delivery. In general, you will be responsible under the eBay Buyer Protection policy for the loss of, or damage to, a GSP Item until it is accepted at the U.S. Shipping Center or if the item has been returned to you from the U.S. Shipping Center. For example, without limiting the generality of the foregoing, you will be held responsible for eBay Buyer Protection cases (whether or not a GSP Item can be repackaged or returned to you) where eBay finds that:
      • A GSP Item that you sold was not received at the U.S. Shipping Center.
      • A GSP Item that you sold was noted as damaged by the domestic carrier when received at the U.S. Shipping Center.
      • A GSP Item that you sold was found to be damaged upon opening a Parcel (as defined herein), as and if required, after receipt thereof at the U.S. Shipping Center.
      • A Parcel contains the wrong or no GSP Item associated with the Buyer's order
      • One or more of the following data points provided by you or associated with the GSP Item that you sold is incorrect or indeterminable (and it is not practicable for Pitney Bowes to correct):
        • Country of Manufacture
        • Item Category
        • Item Title/Description
        • “HS Classification Code”
        • Item condition
        • Weight of Parcel
        • Dimensions of Parcel.
      • A Parcel is oversized and/or overweight and cannot be shipped through an upgraded service.
      • A GSP Item that you sold requires destruction (e.g., contraband).
      However, subject to the foregoing you will not be responsible for the loss of, or damage to, a GSP Item after its acceptance at the U.S. Shipping Center. If eBay finds against you in a case stemming from your Buyer’s purchase of a GSP Item, the applicable coverage amount will include all Program Fees that your Buyer paid for the GSP Item in addition to the GSP Item price. However, you will only be responsible for the amount that has been paid to you by your Buyer consisting of the GSP Item price and the amount (if any) charged by you to ship the GSP Item to the U.S. Shipping Center.
    2. PayPal Purchase Protection. Your sales of GSP Items to Buyers are also subject to the PayPal Purchase Protection policy applicable to you and your Buyer's PayPal accounts. The PayPal Purchase Protection policy can be found in the PayPal User Agreement and is governed by the applicable PayPal User Agreement's terms. For PayPal Purchase Protection claims in which PayPal determines that a GSP Item sold by you was damaged or not received by your Buyer, PayPal will review the case to determine whether you or Pitney Bowes should be responsible for the damage or non-delivery. In general, you will be responsible under the PayPal Purchase Protection policy for the loss of, or damage to, a GSP Item until it is accepted at or if it is returned to you from the U.S. Shipping Center. For example, without limiting the generality of the foregoing, you will be held responsible for PayPal Purchase Protection cases (whether or not a GSP Item can be repackaged and returned to you) where PayPal finds that:
      • A GSP Item that you sold was not received at the U.S. Shipping Center.
      • A GSP Item that you sold was noted as damaged by the domestic carrier when received at the U.S. Shipping Center.
      • A GSP Item that you sold was found to be damaged upon opening a Parcel (as defined herein), as and if required, after receipt thereof at the U.S. Shipping Center.
      • A Parcel contains the wrong or no GSP Item associated with the Buyer's order.
      • One or more of the following data points provided by you or associated with the GSP Item that you sold is incorrect or indeterminable (and it is not practicable for Pitney Bowes to correct):
        • Country of Manufacture
        • Item Category
        • Item Title/Description
        • "HS Classification Code"
        • Item condition
        • Weight of Parcel
        • Dimensions of Parcel.
      • A Parcel is oversized and/or overweight and cannot be shipped through an upgraded service.
      • A GSP Item that you sold requires destruction (e.g., contraband).
      However, subject to the foregoing, you will not be responsible for the loss of, or damage to, a GSP Item after its acceptance at the U.S. Shipping Center. If PayPal finds against you in a claim stemming from your Buyer's purchase of a GSP Item, the applicable coverage amount will include all Program Fees that your Buyer paid for the GSP Item in addition to the GSP Item price. However, you will only be responsible for the amount that has been paid to you by your Buyer consisting of the GSP Item price and the amount (if any) charged by you to ship the GSP Item to the U.S. Shipping Center.
    3. Risk of Loss. As between you and your Buyer, the risk of loss or damage to a GSP Item shall remain with you until the GSP Item is accepted at the U.S. Shipping Center or has been returned to you by Pitney Bowes from the U.S. Shipping Center. As between your Buyer and Pitney Bowes, risk of loss or damage to a GSP Item shall transfer to your Buyer from Pitney Bowes and/or its third party parcel processing service providers when the GSP Item leaves the U.S. Shipping Center.
    4. Valid Delivery Address Required. The delivery address that your Buyer specifies must be within a country eligible under the Program and must be a valid and complete delivery address. You shall not be responsible under either the eBay Buyer Protection or PayPal Purchase Protection programs if a GSP Item is not deliverable because the delivery address that your Buyer provided is incorrect, incomplete, or inaccessible. In addition, certain third party shipping carriers utilized under the Program may require that the designated recipient of a GSP Item be present to receive delivery; where in-person delivery is required, your Buyer shall be solely responsible for ensuring that the designated recipient is available to receive delivery.
    5. Transfer of Title. Title to a GSP Item remains with you until such time as the GSP Item is successfully delivered to the designated recipient of the GSP Item, at which time title to the GSP Item shall transfer to the designated recipient. At no time do eBay (or its affiliates), Pitney Bowes (or its affiliates), or the third party logistics providers, shipping carriers, customs brokers, freight forwarders, or other subcontractors under contract with Pitney Bowes take title to GSP Items, except as otherwise provided herein.
    6. International Returns. eBay may choose not to display the returns policy field of your GSP listings to international buyers unless you set your returns policy to no returns or exchanges. If you wish to accept international returns, you should describe your international returns policy in your listing description. The returns policy that you specify in your listing description of a GSP Item will apply to your Buyer's purchase of the GSP Item, unless your policy is inconsistent with local legal requirements in the country where your Buyer is located. You are responsible for complying with all laws and regulations about returns that may be applicable to the sale of GSP Items to international buyers.
    7. Exclusion Lists. If you have previously restricted international buyers from purchasing your items by creating and applying an exclusion list to your listings, your exclusion list will also apply to items that you sell through the Program, unless you choose to override your exclusion list at the time that you join the Program. If you do not currently have an exclusion list in place and wish to create one, you must update your account settings within My eBay. If you have any items listed on eBay.com that, for whatever reason, you cannot lawfully ship to a country eligible under the Program, then you should restrict international buyers in that country from purchasing your items by creating and applying an exclusion list within My eBay.
  5. Disclaimers. THE SERVICES ARE PROVIDED BY PITNEY BOWES, AN INDEPENDENT CONTRACTOR, AND ITS AFFILIATES AND THIRD PARTY SERVICE PROVIDERS. ACCORDINGLY, EBAY EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ANY AND ALL EXPRESS, IMPLIED, AND STATUTORY REPRESENTATIONS, WARRANTIES, AND CONDITIONS RELATING IN ANY WAY TO THE SERVICES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, USEFULNESS, PERFORMANCE, ACCURACY, OR QUALITY OF THE SERVICES. IN ADDITION, EBAY AND PITNEY BOWES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ANY AND ALL EXPRESS, IMPLIED, AND STATUTORY REPRESENTATIONS, WARRANTIES, AND CONDITIONS RELATING IN ANY WAY TO THE PROGRAM, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, USEFULNESS, PERFORMANCE, ACCURACY, OR QUALITY OF THE PROGRAM. NEITHER EBAY NOR PITNEY BOWES SHALL BE RESPONSIBLE FOR ANY DISRUPTIONS OR DELAYS IN THE USE OF THE PROGRAM AND/OR SERVICES OR ANY LOSS OR INJURY ASSOCIATED WITH ANY SUCH DISRUPTION OR DELAY. NEITHER EBAY NOR PITNEY BOWES SHALL BE RESPONSIBLE FOR THE ACCURACY OR COMPLETENESS OF ANY PROGRAM FEES QUOTED BY PITNEY BOWES IN CONNECTION WITH THE PROGRAM AND/OR SERVICES. EBAY SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE MISUSE OF PERSONAL INFORMATION THAT EBAY HAS DISCLOSED TO PITNEY BOWES SO THAT PITNEY BOWES MAY PROVIDE YOU WITH THE SERVICES THAT YOU ARE REQUESTING UNDER THE PROGRAM.
  6. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, EBAY AND ITS SUBSIDIARIES, AFFILIATES, JOINT VENTURES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS, AND PITNEY BOWES AND ITS SUBSIDIARIES, AFFILIATES, JOINT VENTURES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS, SHALL HAVE NO LIABILITY FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, MULTIPLIED OR ANY OTHER FORM OF DAMAGES, LOSS, OR INJURY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF, MISUSE OF, OR RELIANCE ON THE PROGRAM, THE SERVICES, GSP ITEMS SOLD OR PURCHASED UNDER THE PROGRAM, THE PROGRAM FEES QUOTED BY PITNEY BOWES, YOUR INABILITY TO USE THE PROGRAM AND/OR SERVICES, THE AVAILABILITY OF THE PROGRAM AND/OR SERVICES, AND/OR THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PROGRAM AND/OR SERVICES, INCLUDING DAMAGES INCURRED BY THIRD PARTIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LIABILITY AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. REGARDLESS OF THE PREVIOUS SENTENCE, IF EBAY, PITNEY BOWES, OR ANY SUBSIDIARY, AFFILIATE, JOINT VENTURE, OFFICER, DIRECTOR, SHAREHOLDER, EMPLOYEE, OR AGENT OF EBAY OR PITNEY BOWES IS FOUND TO BE LIABLE PURSUANT TO A CLAIM ARISING OUT OF OR RELATING TO THE PROGRAM OR SERVICES, THE LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE TOTAL FEES (AS DESCRIBED IN THE “FEES AND SERVICES” SECTION OF THE EBAY.COM USER AGREEMENT) THAT YOU PAID TO EBAY IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY OR (B) $100.
  7. Indemnification. You agree to indemnify, defend, release, and hold harmless eBay, Pitney Bowes and the subsidiaries, affiliates, joint ventures, officers, directors, shareholders, employees, and agents of each of eBay and Pitney Bowes from and against all losses, liabilities, damages, claims, penalties, fines, or other costs, including reasonable attorneys’ fees, made by any third party relating, due to, or arising directly or indirectly out of your use of the Program, the Services, the exportation or importation of any GSP Items through the Program, or any violation of these Terms, eBay’s policies, any law or regulation, or the rights of any third party as all of the foregoing relate to the Program or Services.
  8. No Agency. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship between you and eBay (or between you and Pitney Bowes, except to the limited extent and as described in Section 1(b)(ii)) are intended or created by these Terms. You do not intend eBay or Pitney Bowes (or any of their affiliates, subcontractors, or other service providers) to act, nor shall they act, as an agent for the receipt of any domestic or international mail on your behalf in the United States.
  9. Miscellaneous. Except as otherwise provided herein, these Terms set forth the entire agreement between you and eBay and between you and Pitney Bowes with respect to its subject matter. eBay’s failure or Pitney Bowes’s failure to enforce any provision of these Terms will not be construed as a waiver of any provision or right. In the event that a portion of these Terms is held invalid, illegal, or unenforceable, the remainder of the provisions will continue in full force and effect.
  10. Term. These Terms, as may be amended from time to time, will remain in effect so long as you continue to use the Program and/or Services.
  11. Effect of Termination. The following sections of these Terms will survive any termination: “Your Role as the Exporter of Record; Power of Attorney,” “Data Privacy,” “Your Use of the Program,” “Payment and Program Fees,” “Lost, Damaged, or Undeliverable Items,” “Disclaimers,” “Limitation of Liability,” “Indemnification,” “No Agency,” “Miscellaneous”, and “Term.”
  12. Amendment. eBay may amend these Terms, including applicable fees, at any time by posting the amended terms on the eBay site. Except as stated otherwise in Section 2(e) of these Terms, all amended terms shall take effect immediately and automatically when posted on the eBay site.

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