eBay International Shipping Program
Buyer Terms & Conditions
Last Updated: August 9, 2022
The eBay International Shipping Program (United States) makes certain items located in the United States available to buyers around the world. eBay enables Buyers to obtain parcel processing, international shipping, and customs clearance services (the “Services”) at checkout through its vendors. These eBay International Shipping program Buyer Terms and Conditions (“Terms”) apply to eBay International Shipping items (“EIS Items”) that you purchase through eBay International Shipping.
- Applicability of eBay User Agreement. The eBay.com User Agreement, eBay’s User Privacy Notice and all policies posted on our sites, including the International Selling Policy (collectively, and as the same may be amended from time to time, “eBay’s Policies”) apply in addition to these Terms. In the event of a conflict or inconsistency between these Terms and eBay’s Policies, these Terms will control as to all matters that they explicitly address. For all matters not explicitly addressed by these Terms, eBay’s Policies will control.
- Description of the Services and International Shipping Fees. The Services are provided by eBay through its network of third party service providers which include, US Shipping Center operations, technology providers to help determine import and export restrictions and carrier networks. You may have the option of having your packages shipped with the duties paid at checkout or whether to provide payment of duties upon delivery. By purchasing an EIS Item, you will be entering into a binding contract with the Seller for the purchase of the EIS Item, as well as an agreement with eBay for the provision of the Services, including parcel processing, international shipping and tracking, and customs clearance. You acknowledge and agree that eBay may use third party logistics providers, shipping carriers, customs brokers, freight forwarders, and/or other subcontractors under contract with eBay to assist it in performing the Services. More information about the Services may be found here.
- Roles of the Parties.
- eBay International Shipping. Any transaction for an EIS Item that is located in the United States (“US”) will be treated as a routed export transaction per the requirements of the US Export Administration Regulations (15 Code of Federal Regulations Part 730 et seq.) and the Foreign Trade Regulations (15 Code of Federal Regulations Part 30). In a routed export transaction, you as the buyer assume responsibility for the customs clearance and transportation of the EIS Item to be exported from the United States as well as importation of the EIS Item in compliance with all applicable laws and regulations of the country into which the EIS Item is being imported.
Your Role as Foreign Principal Party in Interest. You (or the recipient of the EIS Item that you purchase, if someone other than you) are the Foreign Principal Party in Interest in connection with the exportation and importation of the EIS Item. You will authorize eBay or, at its discretion, one of its service providers as an agent to facilitate the export and customs clearance of the EIS Item. If applicable, this will include requesting any necessary export control licenses required under the US Export Control Regulations (15 Code of Federal regulations Part 730 et. seq.). Under a routed export transaction, you are responsible for ensuring that your purchase, exportation, and importation of the EIS Item comply with all applicable laws and regulations. Your purchase and consent to these Terms during checkout constitutes formal notification to your Seller that you are assuming responsibility for the export shipment of the EIS Item pursuant to a routed export transaction. Without limiting the foregoing, you agree: (i) to comply with all applicable US 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 (ii) that all products and technologies that you purchase and direct your Seller to send to eBay’s U.S. hub location shall only be exported, re-exported or otherwise transferred, directly or indirectly, in accordance with these laws and regulations; (iii) , you agree that you will not sell, distribute, disclose, release, rent, divert or otherwise transfer, directly or indirectly, any item or technical data provided by eBay to: (iv) any destination subject to a comprehensive embargo by the U.S. Department of State or Treasury which includes for purposes of this agreement Iran, Syria, Cuba, North Korea, Belarus and Russia as well as the Crimea, the so-called Donetsk People’s Republic (“DNR”) and the Luhansk People’s Republic (“LNR”) regions of Ukraine (including Sevastopol); (v) any person or entity located in, or entity owned by an entity located in, any destination subject to a comprehensive embargo; (vi) any person or entity listed on the “Entity List” or “Denied Persons List” maintained by the U.S. Department of Commerce, the list of “Specifically Designated Nationals and Blocked Persons” maintained by the U.S. Department of Treasury or any other applicable prohibited party list of the U.S. Government; or, (vii) to support the production or development of nuclear, chemical or biological weapons or long-range missile applications. This clause will apply regardless of the legality of such a transaction under local law; (viii) and to notify eBay immediately 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 US government entity or agency. Additionally, as the importer of the EIS Item, you are responsible for ensuring that your purchase, importation, possession, or use of the EIS Item, or that of your consignee, complies with all laws and regulations of the country into which the EIS Item is being imported.
You are also responsible for customs fees, taxes and duties on items shipped internationally in accordance with local laws and regulations. Whether these fees are due at the time of the purchase or on delivery of the item is determined by the shipping method you choose and local laws and regulations.
Power of Attorney. You grant to eBay’s third party service providers, including DHL and Asendia as well as other international carrier services which eBay may contract with, a “Power of Attorney” indicating that you, as the Importer of Record are authorizing them respectively and/or their service providers to act as your agent(s). Pursuant to 15 CFR § 30.3 (b)(3), in a routed export transaction the authorized agent can be the “exporter” for export control purposes as defined in 15 CFR 772.1 of the US Department of Commerce Export Administration Regulations (“EAR”). In its role as agent, eBay will be authorized 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. In addition, you authorize the customs brokers and/or freight forwarders selected by eBay to make, endorse, sign, declare and/or swear to any customs, entry, withdrawal, declaration, certificate, bill of lading and/or any other documents required by law or regulation in connection with the exportation, importation and/or transportation of the EIS Item that is shipped or consigned to you or your designee for shipment out of the United States and into any other country. However, you will bear the liability for any violation of US export laws and regulations or import laws in the destination jurisdiction, with the exception of violations caused by incorrect information provided by your Seller.
If you are a buyer purchasing from international sellers for the purpose of importing the goods into a European Union country, you hereby appoint, authorize and empower, the relevant EU postal operator, express carrier or operator of similar nature which handles your import and delivery into the EU to act as your direct customs representative in accordance with article 18 in the Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code. The legal measures of the empowerment are duly confirmed.
- Your Seller’s Role as US Principal Party in Interest. Your Seller is responsible for shipping the EIS Item to a facility located within the United States (the “US Shipping Center”), where the EIS Item will be processed for international shipment. Your Seller is the US Principal Party in Interest. The routed export transaction will effectively shift export liability from your Seller to you and your forwarding agent, as described in these Terms. The routed export transaction is subject to EAR and all parties to the transaction must comply with EAR to the extent each participates in the export of your item. Your Seller is liable for the accuracy of information that your Seller provides about the EIS Item. Your Seller has agreed to provide accurate and complete information about EIS Items and to respond timely to any requests for information from eBay. Such information is required for compliance with US export and customs clearance requirements.
- eBay’s Role. By purchasing the EIS Item and consenting to these Terms, you authorize eBay, though its vendors, to act as your agent for the shipment and delivery of the EIS Item. eBay will: (A) make export classifications and complete export filings, including but not limited to, preparing and transmitting any Electronic Export Information or other documents or records required to be filed by the US Census Bureau, US Customs and Border Protection, Bureau of Industry and Security, and/or any other US government agency, (B) arrange for the importation of the EIS Item, including, but not limited to, assigning Harmonized System classification codes to each EIS Item and filing a completed customs entry and related documents with the customs authorities of the country into which the EIS Item is being imported, (C) account for and pay the assessed import duties and other taxes due upon importation of the EIS Item if you choose to have your item delivered duties paid, each on your behalf, (D) manage any dispute with such authorities regarding customs classifications, applicable duties and/or taxes, and (E) perform any other act that may be required by law or regulation in connection with the exportation, importation and/or transportation of any EIS Item purchased by you for shipment out of the United States and into any other country. The making of export classifications and assigning Harmonized System classification codes requires expertise.
- Optional Services. The Services being offered to you are entirely optional. However, to purchase an EIS Item, you must agree to these Terms. If you do not agree with these Terms, then you should not proceed with the purchase of an EIS Item and may instead purchase an item that is being offered to you outside of eBay International Shipping.
- Item Eligibility. Not all listings on eBay.com are eligible for eBay International Shipping. 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 EIS Items, including, but not limited to, limits on the number, type, category, and/or value of items and/or transactions. You agree not to purchase any ineligible items through eBay International Shipping. More information about ineligible items may be found here. You agree that if any item is found to be ineligible, eBay will have no liability and will have, in its discretion and in any manner that it prefers, the right to dispose of or liquidate the ineligible item, including without limitation (A) returning the item to the Seller, (B) handing over the item to the authorities, or (C) destroying the item. eBay and its vendors are authorized to open and inspect any EIS Item without notice.
- Country Eligibility. eBay International Shipping is not available for shipments to all countries. 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. The countries currently eligible for EIS may be found here.
- Non-Commercial Use. Any EIS Item that you purchase must be for the personal use or consumption of the designated recipient and not for commercial resale purposes. In addition, if you reside in a member state of the European Union and are importing the EIS Item from the United States, your purchase of the EIS Item must be for non-business purposes. In the European Union, import VAT incurred on the purchase of goods for non-business purposes cannot be reclaimed or recovered by the Buyer.
- Payment and International Shipping Fees.
- Accepted Payment Method. You must pay for EIS Items and applicable International Shipping Fees.
- International Shipping Fees. The pricing that is displayed to you at checkout is inclusive of the Service (“International Shipping Fees”). International Shipping Fees may include shipping costs and costs associated with providing the Services.
- Taxes. Taxes may be imposed by the country of export or import where eBay is required to collect and remit funds to the appropriate tax authority.
- Duties. If you have chosen to have your EIS Item delivered duties paid, all import charges associated with the Services will be charged at checkout and included as part of the International Shipping Fees.
- Payment Split. Your payment for the EIS Item and International Shipping Fees will be split between your Seller and eBay in the following manner as reflected within your Order Details page and at checkout.
- Payment to your Seller: That portion of your payment consisting of the EIS Item price and the amount (if any) charged by your Seller to ship the EIS Item to the US Shipping Center as applicable will be transmitted to your Seller.
- Payment to eBay: The International Shipping Fees will be transmitted to eBay which include payment for the Services, any taxes imposed based on the laws and regulations of the country of import that eBay is required to remit and any duties owed, dependent on your choice of Services.
- Payment Reversals. If eBay or eBay’s service providers determine, after you have purchased an EIS Item, that the EIS Item is ineligible for eBay International Shipping or cannot be shipped to you (for whatever reason), eBay and its affiliates shall have the right to cancel your purchase in lieu of proceeding with the processing and/or shipment of the EIS Item and, upon exercising this right, may reverse the payment that you made to your Seller and to eBay for the EIS Item and will process the EIS Item as an undeliverable item.
- Exclusions. You alone are responsible for any customs duties, taxes, surcharges, fines, penalties, or other charges which may be imposed on you by customs or tax officials after an EIS Item has successfully cleared customs and been delivered to (or made available for pickup at) the delivery address specified by you or the collection center near you that is designated by the carrier.
- Risk of Loss. The risk of loss or damage to an EIS Item shall remain with the Seller until the EIS Item is accepted at the US Shipping Center or has been returned to your Seller by eBay from the US Shipping Center. Subject to any statutory rights you may have, the risk of loss or damage to an EIS Item shall transfer to you when the EIS Item leaves the US Shipping Center for export.
- Transfer of Title. Title to an EIS Item remains with your Seller until such time as the EIS Item is successfully delivered to you or your consignee, at which time title to the EIS Item shall transfer to you or your consignee. At no time does eBay (or its affiliates) or the third party service providers under contract with eBay or its third party service providers subcontractors take title to an EIS Item.
- Unpaid Items and Payment Failure. Your purchase of an EIS Item is subject to eBay’s unpaid item policy. eBay reserves the right to collect, using any collection methods at its disposal, any unpaid amounts that eBay pays to your Seller or is owed for the provision of Services because of your non-payment or failed payment.
- Lost, Damaged, or Undeliverable Items; Valid Delivery Address Required. If an EIS Item that you purchase is not delivered to the delivery address specified by you or to the collection center near you that is designated by the shipping carrier, it is damaged, or it does not match your Seller’s description, your purchase may be covered by an eBay Money Back Guarantee. More information about eBay Money Back Guarantee may be found here. The delivery address that you specify must be within an eligible country and must be a valid and complete delivery address. The delivery address that you specify may not be a Post Office (P.O. Box), Army Post Office, or Fleet Post Office. eBay and its carriers will have no liability and will have, in their discretion and in any manner that they prefer, the right to dispose of or liquidate EIS Items that eBay or its carriers or hub operators conclude are undeliverable, for whatever reason. If eBay or its carriers or hub operators conclude that an EIS Item is undeliverable and elect to dispose of or liquidate the item, title to the item shall transfer automatically from your Seller to eBay and/or any third party designated by eBay (as eBay may elect), at no cost and eBay and/or any third party designated by eBay shall retain all proceeds (if any) received from the disposal or liquidation of the EIS Item. eBay may also elect to return to your Seller any EIS Items that eBay or its carriers or hub operators conclude are undeliverable. eBay shall not be responsible under either the eBay Money Back Guarantee policy if eBay concludes that an EIS Item is not deliverable to your designated delivery address or to the collection center near you that is designated by the shipping carrier, for any reason, including because the delivery address that you provide is incorrect, incomplete, or inaccessible. In addition, certain third party shipping carriers may require that the designated recipient of an EIS Item be present to receive delivery; where in-person delivery is required, you shall be solely responsible for ensuring that the designated recipient is available to receive delivery.
- International Returns. For EIS Items that you purchase under the eBay International Shipping program and that you return, you will not be eligible for, and you will not receive a refund of any Duties, Taxes or International Shipping Fees that you paid to eBay and you will be responsible for shipping the EIS Item to the address provided by eBay. If the EIS Item is damaged during delivery from the US Shipping Center to you or your consignee, The EIS Item never arrives or it arrives significantly not as described and you file an eBay Money Back Guarantee claim that is approved, you would be eligible to also be refunded any Taxes, Duties or International Selling Fees you may have paid to eBay. Your rights under local law will not be affected.
- Disclaimers. The services are provided by carriers and shipping hub operators contracted by eBay as independent contractors, and their 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 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 eBay International Shipping and/or any EIS Item that you purchase, 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 and/or any EIS Item that you purchase. eBay shall not be responsible for any disruptions or delays in the use of the Services or any loss or injury associated with any such disruption or delay.
- Limitation of Liability. To the fullest extent permitted by law, eBay 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 eBay International Shipping, the services, purchased EIS Items, your inability to use the Services, the availability of the Services, and/or the interruption, suspension, or termination of the 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, or any subsidiary, affiliate, joint venture, officer, director, shareholder, employee, or agent of eBay is found to be liable, the liability to you or to any third party is limited to the greater of (a) any amounts due under the applicable eBay Money Back Guarantee policy up to the full price of the eligible item (including shipping and import charges that you paid during checkout) or (b) $100 USD.
- Indemnification. You agree to indemnify, defend, release, and hold harmless eBay, affiliates, joint ventures, officers, directors, shareholders, employees, and agents of eBay 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 Services, the exportation or importation of any EIS Item, or any violation of these Terms, eBay’s Policies, any law or regulation, or the rights of any third party.
- Miscellaneous. Except as otherwise provided herein, these Terms sets forth the entire agreement between you with respect to its subject matter. eBay’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 are held invalid, illegal, or unenforceable, the remainder of the provisions will continue in full force and effect.
- Program Updates and Discontinuation. eBay has the right, but not the obligation, to alter, amend, replace, suspend temporarily, and/or discontinue permanently, any of the Services, features, and/or functionality offered under the eBay International Shipping program, and/or the service providers used to provide any or all of the Services thereunder, at any time, in its sole discretion, with or without notice to you.
- 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 sale of EIS Items if you violate any of these Terms, eBay’s policies, or any applicable laws.
- Term. These Terms, as may be amended from time to time, will remain in effect for a period of sixty (60) days following the delivery of the EIS Item to the delivery address designated by you.
- Effect of Termination. The following sections of these Terms will survive any termination: “Roles of the Parties”, “Data Privacy”, “Payment and International Shipping Fees”, “Lost, Damaged, or Undeliverable Items; Valid Delivery Address Required,” “International Returns”, “Disclaimers”, “Limitation of Liability”, “Indemnification”, “Miscellaneous”, and “Term”.
- Amendment. eBay may amend these Terms, including applicable fees, at any time by posting the amended terms on the eBay site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Your continued use of our Services after the effective date of these amended terms constitutes your acceptance of them.