eBay’s third-party carriers for the Services are the United States Postal Service and Federal Express. Please see the links below for their applicable terms and privacy notices for the Services.
eBay makes shipping labels available to you for your eligible listings on eBay and provides your buyer with delivery options at checkout (the “Services”). It is provided by eBay through third party carriers that eBay has contracted with to operate the Services. By listing with our Services, you acknowledge and agree that these eBay shipping Terms and Conditions (“Terms”) apply to you as well as any items that buyers purchase from you for delivery through the Services.
1. Applicability of eBay User Agreement
The eBay.com User Agreement, eBay’s User Privacy Notice and all policies posted on the eBay sites (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 any 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.
2. Applicability of third-party carrier terms
The relevant carrier terms are set out in the Annex to these Terms (“Carrier Terms”). By using the Services, you acknowledge and agree that the relevant Carrier Terms shall apply to you as well as any items that buyers purchase from you for delivery through the Services. Subject to the above on “Applicability of the eBay User Agreement”, in the event of any conflict or inconsistency between these Terms and the Carrier Terms, these Terms will control.
3. Description of the Services
The Services are provided by eBay Inc., (“eBay”) through third party carrier networks. By agreeing to these Terms, you will be entering into an agreement with eBay for the provision of the Services. You acknowledge and agree that eBay may use third party carriers and/or other subcontractors under contract with eBay to assist it in performing the Services. More information about the Services may be found here.
4. eBay delivery fees
- Fees. If you choose to pay for shipping instead of the buyer, you agree to pay the shipping fees as presented within the listing flow. The shipping fees presented within the listing flow may change at eBay’s sole discretion.
You agree to use the label provided by eBay to you when shipping your item. If you choose to ship with another method, you will be responsible for all the shipping costs. - Tax. All delivery costs associated with the label shall be final and inclusive of appropriate taxes.
- Under declarations. If you are presented the opportunity to amend the predicted dimensions and weight of your item at the point of listing, and the item is found to be underdeclared, eBay reserves the right to charge you for the under declaration as well as for any applicable administration or other fees.
- Rates. eBay shall have sole discretion to set the price of the labels. The price set may vary due to factors including but not limited to the weight, dimensions, value or category of the item and your carrier preferences.
5. Eligibility
- Item Eligibility. Not all listings on eBay.com are eligible for the Services. eBay will determine which items are eligible for the Services. 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 the Services, including, but not limited to, limits on the number, type, category, and/or value of items and/or transactions.
- Price Eligibility. Only items in the fashion category with a ‘Buy it Now’ price of $200 (inclusive of taxes) or less will be eligible for the Service. eBay reserves the right to add or remove eligible categories in its sole discretion.
- User Eligibility. The Services are available for eligible listings only by sellers registered in the United States of America who have a USD wallet.
6. Country and Site Eligibility
The Services are available on ebay.com where the item location is in specific eBay designated zip codes in the United States. eBay shall have sole discretion to include at any time additional zip codes to the eligibility of items.
The Services offer domestic labels for delivery only within the 50 States of the United States, including Alaska and Hawaii, exclusive of Territories, APO, FPO and DPO. International delivery labels are not available.
7. Data Protection
For information regarding how eBay processes personal data please refer to eBay’s User Privacy Notice. In order for eBay to provide you with the Services, eBay requires certain personal data in addition to your order information, including, but not limited to your name, address, email address and telephone number. You are responsible for the accuracy of this information and acknowledge that you are authorized to provide this information for the purpose of delivering your item to your buyer. By agreeing to these Terms, you direct eBay to provide this personal data and order information to the third-party carriers on your behalf so that eBay may provide you with the Services. The third-party carriers may contact you directly to collect or confirm certain personal and/or order information. Your personal and order information will be collected, used, and disclosed by eBay only for the purpose of providing the Services. Any third-party carrier processing of your personal data will be in accordance with their privacy notices or policies as set out in the Annex to these Terms or made available to you by other means. Carriers act as independent controllers of your personal data in connection with the Services.
8. Prohibited Items
You agree not to send any prohibited or restricted items through the Services. More information about which items are prohibited or restricted for the Services may be found here. You agree that eBay and its third-party carriers may decide if an item is eligible for the Services. You agree that if any item is found to be non-compliant with these terms or the Carrier Terms, eBay and its third-party carriers will have no liability to you. eBay’s third-party carriers may at their discretion, and in any manner they prefer: (a) destroy or refuse to accept the non-compliant item into their network; and (b) hand over the item to the relevant regulatory authorities or law enforcement. eBay’s third-party carriers are authorized to open and inspect any package without notice for due diligence purposes.
9. Seller Responsibilities
Upon eBay’s notification that your buyer has paid for an item, you must promptly drop off the item at a carrier drop off point or arrange collection of the item within the handling time notified to you, using the label provided to you by eBay. You must ensure you pack your item in accordance with the guidance provided to you following the sale of your item, as well as in compliance with the guidance provided here and as per the relevant Carrier Terms. You must pack all items in accordance with correct weight and dimension limits for the label provided to you. If you fail to correctly pack or securely attach the delivery label to your package, eBay and its third-party carriers will have no liability to you, and your item may be subject to delays. eBay’s third-party carriers may at their discretion, and in any manner they prefer, destroy or refuse to accept non-compliant items into their network. You must post all items contained in a single order in one package. You must only use the shipping label provided to you once per package. You agree to refrain from tampering or altering the label in any way.
10. Returns
Items purchased by your buyer via the Services may be covered by the eBay Money Back Guarantee. Should the buyer request a return, you may be responsible for refunding the buyer any delivery costs associated with the shipping label provided to you (including for express delivery), in addition to the item cost, as applicable.
11. Undeliverable or Uncollected Items
Items that the carrier is unable to deliver to the buyer or are uncollected by your buyer, other than those that do not comply with these Terms, may be returned to you. If the item is returned to you, you may be responsible for refunding the buyer the item cost and any amounts paid by the buyer for delivery, see here for further information.
12. Compliance with Applicable Laws
In using the Services, you agree not to sell any items using the Services that breach any applicable laws or regulations.
13. Liability for Loss or Damage
You remain responsible for any loss or damage to your item until it is in possession of the carrier (scanned into the carrier’s network, in custody of the carrier or accepted by the carrier at a drop off point).
Once your item has been scanned into the carrier’s network and provided you used the label and are compliant with these Terms and eBay’s Policies, as well as the relevant Carrier Terms, your item will be covered for any loss or damage that occurs in transit up to the lesser of the amount for which the item was purchased or $200 (two hundred dollars USD). This means you will receive up to the amount of USD200 per lost or damaged item.
The item will be considered to be “in transit” from the time it has been scanned into the carrier’s network until the time it has been marked as delivered by the carrier. For the avoidance of doubt, your item will not be covered for loss or damage during transit if you have acted fraudulently.
14. Transfer of title
Title to the item remains with you until such time that the item is successfully delivered to your buyer, at which time title to the item shall transfer to your buyer. At no time does eBay or the third-party carriers take title to the item.
15. Payment Reversals
If eBay or eBay’s third party carriers determine, after your buyer has purchased the item that it is ineligible for the Services or cannot be delivered to your buyer, eBay and its affiliates shall have the right to cancel your sale of the item and, upon exercising this right, shall have the right to reverse the payment that your buyer made to you for the item.
16. Opt out
For eligible listings, eBay shipping labels may be available as a delivery option at listing, and you may opt to use eBay shipping Services at the time of listing.
17. No warranties or representations
The Services are provided by third-party carriers contracted by eBay, and their affiliates and third-party service providers. Accordingly, eBay makes no warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.
18. Limitation of Liability
eBay (including its subsidiaries, affiliates, joint ventures, directors, officers, agents and employees) shall not be liable to you for any indirect or consequential loss or damage, loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption arising, directly or indirectly from:
- these Terms;
- your use of, misuse of, or reliance on the Services, or your inability to use the Services;
- the items sold using the Services;
- the availability of the Services; or
- the interruption, suspension or termination of the Services.
If eBay (including its subsidiaries, affiliates, joint ventures, directors, officers, agents and employees) is found to be liable pursuant to a claim arising out of the Services, eBay's liability to you or to any third party is limited to the greater of (a) the amount due to you under the compensation provided herein should your item be lost or damaged in transit, or (b) $100.
Nothing in these Terms shall limit or exclude eBay’s liability for fraud, fraudulent misrepresentation, for death or personal injury resulting from eBay or its third-party carriers’ negligence or for any other liability that cannot be limited or excluded by applicable law.
19. Indemnification
You will indemnify and hold harmless in full eBay (including its subsidiaries, affiliates, joint ventures, directors, officers, agents and employees) against any third party claims or actions for losses, fines or other costs, including reasonable legal fees arising out of your use of the Services, or any breach of these Terms, eBay’s policies, the Carrier Terms, any applicable law or regulation, or the rights of any third party.
20. Force Majeure
eBay will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms and/or an order that is caused by an event outside its control (a “Force Majeure Event”). A Force Majeure Event means any act or event beyond its reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster, theft, or failure of public or private telecommunications networks, suspension of any third party site, or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
21. No Partnership or Agency
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship between you and eBay are intended or created by these Terms.
22. Third Party Rights
Subject to as otherwise provided in these Terms, these Terms do not confer any rights or benefits on any third party. Should you be in breach of the applicable Carrier Terms, the relevant third-party carrier shall be entitled to pursue you directly for any loss caused to it as a result of your breach of the Carrier Terms.
23. Entire Agreement
Except as otherwise provided herein, these Terms sets forth the entire agreement between you and eBay with respect to its subject matter.
24. Waiver
eBay’s failure to enforce any provision of these Terms will not be construed as a waiver of any provision or right.
25. Severance
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.
26. Variation and Discontinuation of the Services
eBay may at any time, in its sole discretion, with or without notice to you, amend, replace, suspend temporarily, and/or discontinue permanently, the Services, its name, any of the features and/or functionality offered under the Services, and/or the third-party carriers used to provide the Services.
27. Amendments to the Services and these Terms
eBay may amend these Terms, including applicable fees, at any time by posting the amended terms on the eBay.com site. Except as stated elsewhere, all amended terms shall automatically be effective fifteen (15) days after they are initially posted. Your continued use of the Services after the effective date of these amended terms constitutes your acceptance of them.
28. 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 end your sale of items through the Services if we determine that you have breached any of these Terms, eBay’s Policies, or any applicable laws.
29. Effect of Termination
The following clauses of these Terms together with all other clauses of these Terms which are intended to have effect following any expiry or termination, shall survive expiry or termination to the extent permissible by law: “Applicability of the eBay User Agreement”, “Applicability of third party carrier terms”, “Data Protection”, “Returns”, “Undeliverable Items”, “Compliance with Applicable Laws”, “No Warranties or Representations”, “Limitation of Liability”, “Indemnification”, “Force Majeure” and “Third Party Rights”.