1. Payment Service; Disabling Payment Methods
You authorize eBay Sarl to acquire and settle payments that it receives on your behalf. When you sell an item on eBay, you are deemed to be a payee, with eBay Sarl acting as your payment service provider. In a refund, chargeback, or similar scenario, or if you use your funds to
pay, you may be deemed to be a payer, again with eBay Sarl acting as your payment service provider. If eBay Sarl is your Payout Entity, eBay Sarl will open and hold a payment account for you.
The acceptance of a buyer's payment instrument (for example, their Visa card), once it has been authorized for payment, satisfies the buyer's payment obligation to you, regardless of whether we actually settle such payment to you. In the event that we do not make any such
payment to you as described in these Payments Terms of Use, you will have recourse against us only and not against the buyer. To the extent permissible under the rules of any third-party or governmental body with jurisdiction over us, you agree that we are not liable for your
acts and omissions and you understand that we disclaim any such liability.
We may disable specific payment method(s) available to buyers for all or some of your listings if we reasonably believe the use of such payment methods for your transactions will increase regulatory, financial, or other risk to us. For example, if you would like to offer a
high-priced item with a new eBay account, we may disable such payment methods where the amount is credited with a time delay after the transaction (e.g. direct debit or payment upon invoice). In assessing the risk, we consider relevant factors such as your sales history,
service status, eBay account history, risks associated with certain item categories, transaction value, and number and monetary amounts of eMBG cases. We will re-enable the affected payment method(s) for your listings once the risk no longer exists.
2. Execution of Payment Transactions
When you, as a payee or payer, use Managed Payments, the payment transactions will be executed in accordance with the payment schemes rules and procedures, or as otherwise agreed.
Required Information
Your payer (for example, the buyer of an item you sell on eBay) must ensure we are provided with the data required for us to execute the payment transaction. If we do not have sufficient data to execute such transaction, we reserve the right to ask your payer's payment
service provider for the required information.
We require the following information for the execution of a payment transaction:
- Your name,
- Your eBay username,
- The buyer's name (where applicable),
- The buyer's eBay username, and any other data about the buyer which the buyer's payment service provider or we may require (where applicable),
- The currency of the payment transaction (if possible, in abbreviated form),
- The amount of the payment transaction, and
- The beneficiary's payment details.
We may also require specific information, such as a one-time authorization code sent to your verified phone number or email address, to authenticate a payment transaction (or to allow you to access certain information related to Managed Payments on eBay).
To the extent reasonably possible, we will automatically utilize the information stored in our systems. Where the required information provided by you or your payer is not fully available or is inaccurate, we will not bear any liability for any damage, delay, or other
consequence from the non-execution or defective execution of the relevant payment transaction.
Receipt of Payment Orders
A payment order will be deemed to have been received by us if:
- Carried out by means of a payment card, then in accordance with the card schemes rules; or
- Received by our available electronic communication channels, then on the business day when it is actually received by us.
If the payment order is not received on a business day, it will be deemed to be received on the next business day. “Business days” in this Part III of these Payments Terms of Use shall mean the days on which banks in Luxembourg are open for regular business.
You may not revoke a payment order after we have received it. However, if we have agreed that a payment order will be executed on a certain future date, the business day prior to this future date will be the latest you can revoke the payment order.
Refusal of Payment Orders
We reserve the right to refuse the execution of a payment order when:
- The payment order information contains factual errors and/or is incomplete;
- You have not satisfied your obligations under these Payments Terms of Use or any other agreement between you and us;
- There are doubts about the validity of the instruction, or the identity or authority of the person giving the payment order; or
- The payment order, if executed, would lead to a breach of the applicable rules, laws, or regulations.
We may charge a reasonable fee for such a refusal.
You acknowledge that when executing a payment transaction, we may have to disclose information mentioned above and your legal address to the other party’s payment service provider and, where relevant, also to intermediaries involved in the execution of the payment
transaction. You expressly accept and instruct us to disclose such data.
Where you are the payer, the execution of the transaction may depend on us having received the respective amount from you prior to the execution.
3. Settlement of Funds
As your Payout Entity, we will initiate the payout of your funds to your Linked Financial Account either automatically according to a payout schedule you have pre-selected (if such scheduled payouts are made available to you) or “on demand” based on an individual payment
instruction we receive from you. Your funds, other than those being held in accordance with these Payments Terms of Use, will be aggregated to a batch for settlement to you, meaning a single payout will be made to you including all funds ready for disbursement on a given day.
If scheduled payouts are not available in your payment account, we may periodically sweep available funds out of your payment account and send them to your Linked Financial Account.
We anticipate that your transaction proceeds will be available on your payment account and ready for disbursement approximately one to two business days after the buyer's completion of the order, although actual availability may vary for individual transactions depending on the
buyer’s payment method, and when the payment transaction is received by us. We may diverge from the agreed settlement process as needed for compliance or risk reasons. If we are unable to settle your proceeds, then, depending on the reason, we may refund the buyer (e.g., in the
event that we cannot process your information due to technical reasons etc.) or otherwise process these funds in accordance with applicable law. The balance on your payment account is not a deposit. You will not receive interest or any other earnings on the money held in your
payment account.
We will provide you with monthly statements of your transactions free of charge, which can be accessed in the Seller Hub.
4. Liability for Unauthorized Payment Transactions
You will be fully liable for all losses relating to an unauthorized payment transaction if you acted fraudulently with respect to such a payment transaction, or if you failed to fulfill one or more of the obligations under this agreement (such as keeping your credentials safe
or notifying us without undue delay) with intent or gross negligence.
5. Our Liability
We will refund you in full and are liable for losses directly and reasonably foreseeably incurred by an incorrectly or non-executed payment transaction, provided that you have informed us of such transaction without undue delay after becoming aware of the defect and in no event
later than thirteen (13) months after the transaction was executed, unless we failed to make information about the transaction available to you.
We are liable for damages suffered as a result of willful misconduct or gross negligence. In case of minor negligence, we are only liable for (a) damages resulting from injury to life, body, or health; or (b) foreseeable typically occurring damages resulting from the breach of
an essential contractual obligation. Any further liability is excluded.
If you are a business using the Payment Services, unforeseeable damages in accordance with the above include (but are not limited to) loss of goodwill or reputation, direct or indirect loss of profits, loss of data, loss of business and other intangible losses. You also
explicitly agree that as a business you may not benefit from the rights and liability regimes deriving from the legal provisions with regard to payment services (Articles 79(1), 81(3), 86, 88 to 90, 93 and 101 of the Luxembourg Law of 10 November 2009 on payment services) in
the event of non-execution or defective execution of Payment Services under this agreement, meaning we are not liable to you for the losses or damage you may suffer under those provisions.
6. Shipping Labels
If buyers purchase a return shipping label at their own expense on the eBay website, eBay may automatically deduct the label costs from the refund amount a buyer receives from you. If this occurs, you agree (as a debtor to the buyer for the refund) to be delegated as a debtor
to the shipping carrier for the label costs, and authorize us to use the relevant part of the refund amount to pay the shipping carrier on your behalf. You will not bear any additional shipping costs in this event.
7. Holds (for consumers in Germany)
If you are a consumer in Germany, eBay Sarl will apply holds to your funds in accordance with this section. For all other sellers, holds are applied under the conditions in Part I, Section 7/Holds.
As a regulated payment entity, we are legally required to implement an effective risk management program and robust measures to prevent fraud, money laundering, and terrorist financing. For these purposes, we may place holds on your funds, or instruct a payment service provider
to hold your funds, under the conditions and for the duration described below, taking into account your and other users’ legitimate interests.
A hold can be placed either on transaction level or on account level. Transaction-level holds are placed in relation to a particular buyer transaction, typically to secure a potential refund of the transaction amount to the buyer, e.g., after a successful eMBG claim
(“Transaction Holds”). These holds freeze the amount of the relevant transaction. Account-level holds prevent the disbursement of all funds on the account (“Account Holds”). They are placed for reasons related to the seller, the seller’s conduct, or the activity on an account,
e.g. if there is a suspicion of fraud.
Transaction Holds can be placed if:
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Your buyer opens a case under an eBay Buyer Protection Program (see Part I, Section 7/eBay Money Back Guarantee Programs). If the buyer's claim is successful, you must reimburse the eMBG Service Provider for the amount refunded to the buyer
according to the applicable User Agreement and eMBG policy. We will secure the reimbursement claim of the eMBG Service Provider against you by placing a hold on the relevant amount until the case is decided. If the case is resolved in your favor or if you are found to be
protected under the Seller Protection Program, we will release the hold and disburse your funds.
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Your buyer (or the holder of the payment instrument used to pay for the transaction) opens a payment dispute with its payment service provider (see Part I, Section 7/Disputes). If the buyer's claim is successful, you must reimburse us for the
amounts refunded to the buyer as described in Part I, Section 7/Disputes. We will secure our reimbursement claim against you by placing a hold on the relevant amount until the case is decided by the buyer’s payment service provider. If the case is resolved in your favor or if
you are found to be protected under the Seller Protection Program, we will release the hold and disburse your funds.
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Additionally, we may place a hold on funds depending on your seller status, changes to your account status, or other factors we use to help ensure a safe marketplace. We place such holds to ensure that sellers successfully fulfill the order and that refunds for potential
buyer-requested returns, eMBG claims, or disputes filed by a buyer can be executed effectively.
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New, dormant, and infrequent sellers may experience holds for up to 30 days while becoming established on eBay in accordance with eBay’s best selling practices and building a
strong selling history.
- Previously restricted or suspended sellers may experience holds for the 30 days after the restriction or suspension is lifted, while we confirm that the order has been successfully fulfilled.
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Unusual selling patterns, like an unexpected surge in sales, a change in business type, a change in average selling price or the type of items being sold, or the sale of high-priced items may lead to holds for up to 30 days or until the fulfillment of the order is
confirmed to help us ensure that buyers don't have any issues with the order.
- The authentication process may lead to holds for up to 30 days until the authenticity of items sold with eBay's Authenticity Guarantee can be confirmed.
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For specific shipping methods such as local pick-up, holds may be placed to ensure that the seller completes the delivery of the item according to the conditions stated in the item description. The hold will be lifted when the delivery is confirmed, e.g. by scanning a QR
code at local pick-up.
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If we have identified an increased risk of seller performance issues, for example if multiple buyers have reported problems or if we see excessive cancellations related to an account, we may place a hold on a transaction to ensure that the seller completes the fulfillment
of the order. The hold will be lifted when the successful fulfillment is confirmed.
- Holds applied as described above for a certain period of time to secure the successful fulfillment of buyer’s orders may be applied for longer periods of time in cases of extended delivery times.
Account Holds can be placed in the following cases:
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Failed or incomplete identification and verification process. If you do not assist us in the identification and verification process, for example, if you do not provide us with the information and/or documents necessary to identify and verify you or your company in accordance
with the applicable legal requirements (see Part I, Section 4, 3rd bullet point), we cannot pay out your funds. Once you provide the requested information, and we can verify your identity, we will release the hold, and your funds can be disbursed. The
duration of the hold depends on how fast you provide the required documents.
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Compliance and risk reasons. We may hold payouts in order to fulfill our legal obligations in the following cases:
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As a regulated payment entity, we are legally required to implement an effective risk management program and robust measures to prevent fraud, money laundering, and terrorist financing. This includes measures to ensure that we can fulfill our payment obligations at all
times, including and in particular towards our users. If we identify a financial, fraud or money laundering/terrorist financing risk, we will hold your payouts. A financial or fraud risk exists if payments could be made by or to an unauthorized third party instead of you
(e.g., in case of an “account takeover,” when a third party has gained unauthorized access to your eBay account) or if you violate applicable law, these Payment Terms of Use, the applicable User Agreement or any other eBay Policies, and your actions could cause other
users or us to suffer a loss or financial or reputational damages.
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We or our Affiliated Companies may be legally obligated to block your payouts. We may receive an order by an authority to freeze your funds, or the Affiliate providing the eBay Services to you may be legally required under certain conditions to ensure that no payments are
made to you and to notify us accordingly, as in the case of eBay GmbH which must comply with the requirements under the EU's DAC7 Directive, as transposed into national law (Sec. 23 sentence 2 no. 2 PStTG).
If we hold your payouts due to compliance and risk reasons, we will notify you and may request additional information from you. Once we have received the requested information or the risk is otherwise resolved, we will release the hold and your funds can be disbursed. The
duration of the hold depends on how quickly you provide the information or how quickly the risk is otherwise resolved.
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Performance holds: We hold your payouts if we identify unusual activity associated with your account, such as increased number of customer claims, a drop in your seller status to “below standard,” a sudden change in your selling activity or an unusually high percentage of
late deliveries or negative buyer feedback. We will only apply a hold in this case if the unusual activity associated with your account is material in the sense that, according to our experience based on comparable cases in the past, it leads to a risk for all of your
potential buyers regarding the fulfillment of the delivery of the order or the effective execution of refunds for potential buyer-requested returns, eMBG claims, or disputes filed by a buyer. The duration of these holds depends on how fast the issues underlying the identified
unusual activity are resolved.
- Invalid payment method: We may put your payouts on hold if we can't deduct your selling fees and other Owed Amounts from any of your payment instruments on file. In this case, once you add another payment method, the hold will be released.
8. Corrective Measures
If we become aware of suspected or actual fraud or other security threats affecting your eBay account, we will notify you by email and provide you with instructions on how to protect such account.
9. Financial Regulations Consent
eBay Sarl will share information you provided to eBay Sarl with our Affiliates or third parties only for the purpose of such Affiliates and third parties assisting us in providing Managed Payments as described in Part I, Section 9 (Third party
Providers), or in accordance with the following consent.
You expressly consent to eBay Sarl sharing your information with our Affiliates or third parties under the conditions and for the purposes as described below. By sharing this information, we and the respective Affiliate will be able to comply with applicable law. This will
allow us and our Affiliates to continue to provide our services to you.
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We may share your information with eBay GmbH or other eBay Affiliates which are obligated under the Digital Services Act
(Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC) to obtain such information from you. The Digital Services Act obligates online platform providers like eBay
to obtain and validate certain information from professional sellers offering goods and services to consumers in the EU. Such information can among others include identification information about you (including for example a copy of your identification document or an
equivalent electronic document), information on your account with us (including information related to your Linked Financial Account), as well as the results of any verification of such information performed by us.
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We may share with eBay GmbH (the entity providing the eBay Services to customers in the EU under the User Agreement) your Linked Financial Account information and the total
amounts paid to you in a given quarter including amounts withheld for fees and taxes, as well as any other information about you to allow eBay GmbH to comply with its obligations under the
EU DAC7 tax directive (Council Directive (EU) 2021/514 of 22 March 2021 amending Directive 2011/16/EU on administrative cooperation in the field of taxation). Under this directive
as transposed into national law, eBay GmbH is required to collect customer information for certain sellers and report this to EU tax authorities.
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We may share with eBay Inc. (the entity that facilitates the offer, sale, and purchase of goods and services on the eBay.com e-commerce marketplace) your Linked Financial Account information to enable eBay Inc. to comply with United States federal and state laws that require
online marketplaces to collect and verify certain information regarding high-volume third party sellers of consumer products on such online marketplaces. These laws include the United States INFORM Consumers Act (H.R. 2617 – 117th Congress (2021-2022)) and any such
substantially similar laws as may be adopted in the United States from time to time.
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We may, directly or through our Affiliates, disclose account information to intellectual property rights owners on the basis of applicable national law of an EU member state in an out-of-court disclosure process, in the event of an infringement of their intellectual property
rights for which our payment services have been used (including, but not limited to, Art. 19 of the German Trademark Act).
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We may disclose to tax authorities in the EU your account information and details on your cross-border payment transactions, as well as any other information required to comply with our obligations under the CESOP Directive (Council Directive (EU) 2020/284 of 18 February 2020
amending Directive 2006/112/EC), as transposed into national law in the EU Member States.
10. General Provisions
Exclusion of Certain Provisions for Non-Consumers
If you are a business which uses the Payment Services, you agree that Articles 79 (1), 81 (3), 86, 88, 89, 90, 93, and 101 and Title III of the Law of 10 November 2009 on payment services shall not apply to your use of the Payment Services.
Individuals
If you are an individual acting in your own capacity and not on behalf of a business, you may not use the Payment Services to receive or transfer funds on behalf of another natural person or a legal entity.
Complaints
Any complaints about eBay Sarl or the services it provides should first be addressed to eBay Sarl. You agree that all responses from eBay Sarl relating to such complaints may be sent to you by email.
Should you not be satisfied with eBay Sarl's responses, you may also escalate your complaint to the CSSF (www.cssf.lu), which is the competent authority to receive out-of-court complaints by customers of payment service providers authorized in
Luxembourg. For further information please refer to our
Complaints Procedure.
Communication
We will communicate with you in the language(s) in which we provided these Payments Terms of Use to you. You agree that we may give you notice or other information by posting it in your eBay Account, emailing it to your registered email address, mailing it to your registered
physical address, calling your phone number, or sending you mobile messages.
Legal notices to eBay Sarl (except for termination notices pursuant to Part I, Section 12) shall be served by mail to the following address: eBay S.à r.l., 22-24 Boulevard Royal, L-2449 Luxembourg.
You may request a copy of any legally required disclosures (including these Payments Terms of Use) from us; we will then provide it to you in a format which allows you to store and reproduce the information (for example, by email) or, upon your request, on paper.
Governing Law and Jurisdiction
These Payments Terms of Use shall be governed by and construed in accordance with the laws of the Grand Duchy of Luxembourg. If you are acting as a consumer (rather than as a business) and if mandatory statutory consumer protection regulations in your country of residence
contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of Luxembourg law.
As a consumer, you may bring any judicial proceedings relating to the General Payments Terms and these Additional Payments Terms for Payment Services provided by eBay Sarl before the competent court of either your place of residence or eBay Sarl's place of business in
Luxembourg. If eBay Sarl wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business seller, you agree to submit to the exclusive jurisdiction of the courts of
the Grand Duchy of Luxembourg.