Table of contents
Effective Upon Acceptance for New Managed Payments Sellers who Successfully Complete the Managed Payments Onboarding Process on or after July 18, 2020 at 00:00:00 (12:00 AM) Pacific Time; Effective from August 12, 2020 for Sellers Residing in the United States and Germany who have Successfully Completed the Managed Payments Onboarding Process Prior to 00:00:00 (12:00 AM) Pacific Time on July 18, 2020; Effective from July 18, 2020 for All Other Sellers who have Successfully Completed the Managed Payments Onboarding Process Prior to 00:00:00 (12:00 AM) Pacific Time on July 18, 2020
Table of contents
- I. GENERAL PAYMENT TERMS
- II. ADDITIONAL PAYMENT TERMS FOR SERVICES PROVIDED BY EBAY COMMERCE INC.
- III. ADDITIONAL PAYMENT TERMS FOR SERVICES PROVIDED BY EBAY S.À.R.L.
- IV. ADDITIONAL PAYMENT TERMS FOR SERVICES PROVIDED BY EBAY COMMERCE CANADA LTD
- V. ADDITIONAL PAYMENT TERMS FOR SERVICES PROVIDED BY EBAY COMMERCE AUSTRALIA PTY LTD
eBay Payment Entity
eBay Commerce Inc. (“eCI”)
2535 North First Street
San Jose, CA 95131
eBay S.à.r.l. (“eBay Sarl”)
22-24 Boulevard Royal
RCS registration number: B164557
eBay Sarl is authorized in Luxembourg as a payments institution and subject to the supervision of the Commission de Surveillance du Secteur Financier (CSSF), 283 route d’Arlon, 1150 Luxembourg, (license no. 33/19). You can check eBay Sarl’s registration details by visiting the CSSF’s website at http://www.cssf.lu/en/.
eBay Commerce Canada Ltd. (“ECCA”)
44 Chipman Hill
Saint John NB E2L 2A9
eBay Commerce Australia Pty Ltd (“ECA”)
1 York Street
Sydney NSW 2000
ECA is registered as a remittance service provider with, and is subject to the supervision of, the Australian Transaction Reports and Analysis Centre (“AUSTRAC”), PO Box 5516, West Chatswood NSW 1515. You can check ECA’s registration by visiting AUSTRAC’s website at https://online.austrac.gov.au/ao/public/rsregister.seam.
I GENERAL PAYMENT TERMS
1. About Payments on the eBay Services
You agree to have the eBay Payment Entities receive payments on your behalf for items you sell using the eBay Services, and manage settlement of those payments to you (referred to as “Managed Payments,” “Payment Services,” or similar names).
Buyers may pay for your items using payment methods such as the following, the availability of which may vary by eBay site:
- Certain credit or debit cards (VISA, MasterCard, American Express, and Discover),
- Google Pay,
- Apple Pay,
- Direct debit, or
- eBay coupons, gift cards, etc. (if applicable).
We may modify the scope of payment methods available to buyers in our sole discretion. We may change, discontinue, enhance, or modify features of Managed Payments at any time. We and/or our Affiliates may require that some eBay Services transactions be completed without using Managed Payments (and instead using the services of third party service providers) and will provide buyers and sellers, as applicable, instructions on how payments must be made at the time of listing and/or purchase.
The underlying contract for the buyer’s purchase of goods or services from you is directly concluded between you and the buyer in the same manner as for transactions for which we do not manage payments.
2. International Sales
eBay may allow you to list your items on more than one eBay site. Because multiple eBay Payment Entities provide Payment Services, you may receive Payment Services from more than one eBay Payment Entity, as follows:
- If you receive Payment Services from an eBay Payment Entity, such entity is appointed to process transactions and manage the settlement of funds related to your sales.
- Each eBay Payment Entity is appointed to manage payments for sales on one or more sites, as set forth in the table below (“Responsible Payment Entity”). The site on which you list your item will determine the Responsible Payment Entity for a given sale. For example, ECA would be the Responsible Payment Entity if you sell an item that you listed on ebay.com.au.
- Your “Payout Entity” is the eBay Payment Entity associated with the country in which you reside or are established as a business. You will receive all disbursements to your Linked Bank Account from this entity, regardless of where you list your items.
- If you sell an item listed on an eBay site whose Responsible Payment Entity is also your Payout Entity, your Payout Entity will process the sale and settle the corresponding funds to your Linked Bank Account. For example, if your Payout Entity is ECCA, your sales proceeds on ebay.ca will be processed and settled to your Linked Bank Account by ECCA.
- If you sell an item listed on an eBay site whose Responsible Payment Entity differs from your Payout Entity, the Responsible Payment Entity will process the sale and transfer the corresponding funds to your Payout Entity, which will receive the funds on your behalf and in turn disburse them to your Linked Bank Account. For example, if your Payout Entity is eCI, your sales proceeds on ebay.de will be managed by eBay Sarl and settled to eCI. eCI will then disburse the funds to your Linked Bank Account.
The following table illustrates these distinctions:
eBay Payment Entity
Responsible Payment Entity for Sales of Items Listed on
Payout Entity for Sellers Residing or Established in
Additional Payments Terms
the United States
|II. ADDITIONAL PAYMENT TERMS FOR SERVICES PROVIDED BY eBay Commerce Inc.|
All European Economic Area eBay sites (including ebay.de, ebay.ie, ebay.fr, ebay.it, ebay.es, ebay.at, ebay.nl, ebay.be, befr.ebay.be, benl.ebay.be, ebay.pl. etc.), ebay.co.uk, and ebay.ch
Countries in the European Economic Area, the United Kingdom, or Switzerland
|III. ADDITIONAL PAYMENT TERMS FOR SERVICES PROVIDED BY eBay S.à.r.l.|
|IV. ADDITIONAL PAYMENT TERMS FOR SERVICES PROVIDED BY eBay Commerce Canada Ltd|
|V. ADDITIONAL PAYMENT TERMS FOR SERVICES PROVIDED BY eBay Commerce Australia Pty Ltd|
If you reside outside the European Economic Area, the United Kingdom, and Switzerland, the performance of any Payment Services provided to you by eBay Sarl is deemed suspended until an item you listed on a European Economic Area, UK, or Swiss eBay site is sold.
Even when an international sale occurs, we will settle your transaction proceeds to your Linked Bank Account using the currency of such bank account, which will also be the currency of your country of residence (“Payout Currency”). However, where offered by us and agreed upon by you and your buyer, your buyer may pay for an item you sell with currency other than your Payout Currency. When this happens, the paid amount will be converted into your Payout Currency prior to disbursement of the funds to you, using the applicable transaction exchange rate and assessing the currency conversion charge as indicated on our Fee Page described in Section 3 (“Seller Payment Fees”) below. For example, if you are a US seller and you sell an item on the German eBay site (ebay.de) to a German buyer, the buyer may pay in Euros, in which event the Euros will be converted to US Dollars before you receive the proceeds.
3. Seller Payment Fees
The fees and expenses which we charge in relation to your use of Managed Payments are, unless otherwise communicated to you or set forth below, specified here (“Fee Page”). Such fees and expenses may be subject to change.
In some circumstances, you might be eligible for a credit of certain fees you paid, as described on the Fee Page or Fee Credits page.
4. Seller Onboarding
To set up and use your account for Managed Payments, you must:
- Link a bank account, so you may receive settlements of proceeds from Managed Payments to this bank account (“Linked Bank Account”). The bank account must be based in your country of residence and denominated in your Payout Currency (for example, you must link a US-based checking account denominated in US Dollars if you reside in the US, or an EEA-based payment account denominated in EUR if you reside in the EU). Regardless of any other terms about settlement methods on the eBay Services (including eBay's payment policies and information available when you create listings, which may continue to display settlement methods that are not currently supported for payments that we manage), disbursements via other settlement methods, such as to PayPal, are not available at this time. You may change your Linked Bank Account at any time, but the effectiveness of the change is subject to our anti-money laundering and other legal obligations, and security, risk, and account verification processes. If you change your Linked Bank Account, pending payouts may be delayed for security or legal compliance reasons. You represent and warrant that you are the lawful owner of, or have the lawful right to use, any Linked Bank Account you associate with your eBay account.
- Provide us with all information which we may require for purposes that include: verifying your identity, complying with applicable anti-money laundering and sanctions screening obligations, allowing us to manage settlements of your transaction proceeds, and assessing fraud and risk. If you are an individual, this information may include, without limitation, your full name, address, phone number, date of birth, taxpayer identification number, bank account information, and a form of government-issued identification (e.g., a copy of your identity card or driver’s license). If you are a business, this information may include, without limitation, your full business name, address, phone number, entity type, bank account information, tax identification number, and business number, in addition to details regarding your beneficial owner(s), director(s), officer(s), authorized representative, and/or primary contact, such as name, contact information, nationality, and title. You understand that we will be unable to settle your proceeds, or issue you any tax documents (such as a United States Internal Revenue Service Form 1099-K) if you do not provide or appropriately update us with accurate contact information and other requested data.
- Maintain the accuracy of the information we have on file, and consent to our periodical updating of such stored information based on information provided by you, your bank, or other payments services providers. You will only provide us information about payment or settlement methods that you are authorized to use. You understand that if you change your country of residency, you may need to repeat some or all of the onboarding steps described above to continue using Payment Services.
- Comply with all, and not cause a third party to violate any, applicable laws, regulations, rules, and terms and conditions in connection with your use of the eBay Services. You understand that some third parties (such as banks, credit and debit card issuers, credit and debit card networks, and payments services providers) may have their own terms and conditions for the payment or settlement methods you or buyers choose to use in connection with payments that we manage, such as terms and conditions that relate to the settlement of funds, chargebacks, prohibited items, and overdrafts. Failure to abide by third-party terms and conditions may result in fees assessed to you, delays in your receipt of funds, or other actions taken by such third parties. You agree that we have no control over, or responsibility or liability for, such fees, delays, or actions.
You authorize us and our Affiliates to check information you provide to us, including by verifying the existence of your bank account and obtaining reports from, or comparing your information to, third-party sources. Such third-party sources may include without limitation, banks, credit agencies, data brokers, and other service providers. We reserve the right to close, suspend, or limit your account or rescind your access to Managed Payments (in which case your account may be reverted to its original state without Managed Payments or, if this reversion is not possible, your ability to sell on eBay may be limited, suspended or terminated) in the event we are unable to obtain or verify any of this information. We are not responsible for any losses suffered by you as a result of incomplete or inaccurate information you provide.
5. Prohibited Items and Shipping
When you receive notice that a buyer has paid for an item through a Managed Payments transaction, you must then ship or otherwise deliver your item in accordance with the buyer's selection from the shipping options that you made available in your listing. You agree to deliver all items purchased pursuant to the terms of your listing and the User Agreement, and perform all other necessary transaction-related actions, when we notify you that we have received payment from your buyer.
6. Managed Payments Limitations
The following limitations apply when your eBay account is enabled for Managed Payments:
- Your ability to list items directly on any of eBay's international Services, and direct us to display listings on eBay Services other than the eBay Service on which you originally listed, may be limited.
- eBay for Charity may be limited when you use Managed Payments, but we may expand its availability in the future at our sole discretion.
- We will not manage payments for offline payment methods (such as bank or personal check, money order, wire transfer, or payment on pickup), despite such payment methods being offered in some listings through the eBay accounts that are enabled for Managed Payments. Offline payment methods are not covered by the eBay Money Back Guarantee or similar eBay buyer protection programs; additionally, we will not assist buyers or sellers with payment disputes (such as chargebacks) in connection with offline payment methods. We will not accept vehicles deposits on your behalf or disburse them to you, as we will not be managing payments for such deposits. Your listings are subject to eBay’s payment policies and any other terms about payments that may appear on the eBay Services, including terms relating to the payment and disbursement methods available to you for such listings.
- Certain types of active listings you have may end as they are not currently supported by Managed Payments. However, we may add support to these types of listings in the future.
- After your eBay account is enabled for Managed Payments, you will not be able to revert your account to its original non-Managed Payments state.
This list serves as a guide to you, but may not be exhaustive, of all exclusions for Managed Payments.
7. Using Managed Payments
Returns and Cancellations; Refunds
If your buyer is entitled to a refund for a return or cancellation for a Managed Payments transaction, you understand that we are authorized to refund the buyer the amounts paid for returned or cancelled transactions on your behalf, or that you will have to instruct us to refund the buyer pursuant to eBay’s return policy. If you wish to issue a refund to your buyer, you may do so via the Seller Hub.
eBay Buyer Protection Programs
eBay offers buyer protection programs on certain eBay Services to ensure that buyers receive the item they ordered or get their money back. Such programs are referred to as “eBay Buyer Protection Programs,” and known in many jurisdictions as the “eBay Money Back Guarantee.” You understand that if your buyer files a claim under such program for a Managed Payments transaction, the respective eBay company offering the eBay Buyer Protection Program (“eBay Buyer Protection Program Service Provider”) will request us to reimburse the buyer on your behalf pursuant to the applicable eBay Buyer Protection Program policy. When payment funds we process on your behalf are insufficient for refunding the buyer based on a successful eBay Buyer Protection Program claim, you must reimburse the eBay Buyer Protection Program Service Provider for any additional amounts owed to the buyer. You authorize us to recoup these amounts from you on behalf of the eBay Buyer Protection Program Service Provider in accordance with our and eBay’s policies and procedures (including any amounts resulting from international transactions as stipulated in the applicable Buyer Protection Program policy).
Where a buyer or the owner of a payment instrument initiates a chargeback, direct debit reversal, or PayPal buyer protection claim, or otherwise asks their financial institution to open a payment dispute (all referred to solely within this Part I as “Dispute”) in connection with a Managed Payments transaction, you understand that we may investigate and, in our discretion, re-present the Dispute with the credit and debit card networks or other payment method providers. You agree to provide timely information to assist in our Dispute investigations and understand that your failure to provide requested information on the timeline we require and as specified by credit and debit card networks' and other payment service providers' rules could adversely impact the outcome of a Dispute investigation, up to complete forfeiture of the amounts in dispute. You will not contest the resolution of any Dispute that we investigate and/or re-present, nor will you re-open resolved Dispute investigations. You authorize us to pay on your behalf any amounts resulting from a Dispute, including costs and fees associated with re-presentment.
Although you accept the finality of our chargeback investigations, we may from time to time ask for your consent to participate in an optional arbitration process brought by us to contest the results of an individual chargeback. If you consent to chargeback arbitration, you authorize us to represent and defend you throughout the arbitration. You will be responsible for all costs and expenses (including reasonable legal fees and any arbitration fees assessed by third parties, arising from such arbitration proceedings), and you authorize us to pay these amounts on your behalf while the arbitration is pending.
If you have met your eligibility requirements for, and fulfilled all your applicable obligations, under the Seller Protection policy, you will not be held liable for any amounts to be returned to buyers due to eBay Buyer Protection Program claims.
Fines, Penalties and Losses
If we are issued a fine, penalty, or any other costs resulting from your listings or transactions (such as an additional interchange fee, or a credit or debit card network fine, for selling a prohibited and/or illegal item), we may have to pay third parties the amounts of such fines, penalties, or costs and recover these amounts from you. You further agree that if we suffer any other losses (including damages or costs) attributable to your acts or omissions in connection with Managed Payments, we may recover these amounts from you. We may also pursue any other applicable remedies against you.
We reserve the right to manage the risks associated with providing you the Payment Services, by placing restrictions on your access to your funds when deemed necessary, as described in further detail below.
You agree that we may place holds on your funds or instruct a payment service provider to hold your funds, prior to disbursement. Each hold may be based on factors including selling history, seller performance, returns, chargebacks, riskiness of the listing category, transaction value, or the filing of eBay Buyer Protection Program claim. We also may cancel or freeze the settlement of your proceeds as necessary for fraud, risk management, or compliance purposes. In these situations, we will notify you of our decisions through the eBay Message Center and/or by email.
When you close an eBay account enabled for Managed Payments, we may retain an amount that we reasonably believe may be necessary to pay for any refunds, reimbursements, or other payments associated with returns, Disputes, or other post-transaction activities. Unless otherwise required by law, we will settle any unused retained amounts to your Linked Bank Account within 180 days of your eBay account closure.
Your bank’s holds and settlement procedures may at times cause delays in the settlement of funds to your Linked Bank Account, and we do not have control over these delays.
If we have acted with reasonable precautions and/or in accordance with our legal obligations, we are not liable for any unauthorized, incorrectly, unexecuted, or delayed payment transactions when such issues were caused by abnormal and unforeseeable circumstances beyond our control.
8. Security; Third-Party Payment Services Providers; Data Protection
You acknowledge the importance of the security measures we put in place with regards to Managed Payments, and agree to comply with them. You are responsible for maintaining the security of all passwords, codes, or other login credentials used to access your eBay account and the related Payment Services and, subject to eBay’s seller protection policies, for any transactions made or actions taken using your eBay account.
Third-Party Payment Services Providers
Data Protection [Applicable to Payment Services Provided by eBay Payment Entities, except ECA; For ECA’s Data Protection Terms, See Part V]
Our performance of Payment Services entails the processing of your buyer’s personal data when a sale happens. With respect to such data processing, you, the Responsible Payment Entity, and the Payout Entity each act as a separate data controller/business under the applicable data protection laws (which may without limitation include, the General Data Protection Regulation, the California Consumer Privacy Act, or other data protection laws to which you are subject). You agree to: comply with your obligations as a data controller/business pursuant to the applicable data protection laws, and provide us with all such reasonable cooperation, information, and assistance as necessary for us to meet our requirements as a data controller/business.
9. Collection of Fees and Other Amounts You Owe
You authorize us to collect from you any amounts you owe us or our Affiliates for the following (referred to as “Owed Amounts”):
- Payment of fees;
- Repayment or recoupment of amounts we incorrectly settled to you due to a payment processing error or otherwise;
- Taxes related to Managed Payments or your use of our or our Affiliates’ services, if applicable and required by law;
- Costs and expenses, including reasonable legal fees, arising from a Dispute arbitration proceeding which we bring and you agree to participate in; and
- Any other amounts incurred in relation to your use of services provided by us or our Affiliates to you.
Collection of the Owed Amounts may be carried out on a one-time, sporadic, or recurring basis by the following means:
- Retaining such amounts from your current or future disbursements relating to any transactions that you may have;
- Recouping from your Linked Bank Account (and if required, by issuing a direct debit mandate or other similar authorization);
- Recouping from any other payment instrument or payment method you may have on file with us or our Affiliates (for example, to pay for seller fees, shipping labels, or dispute resolution);
- Placing the Owed Amount on any invoice you receive from our Affiliates for eBay Services, as appropriate; and
- Retaining collections agencies or using other collections methods.
You authorize us to choose at our sole discretion the appropriate method of collection among those listed above for the purposes of recouping, drawing, recovering, charging, or deducting any Owed Amounts in accordance with this Section 9.
You also authorize the Affiliate whom you have entered into the User Agreement with for the provision of eBay Services to charge you for any Owed Amounts on our behalf from any payment method you may have on file with such Affiliate.
We may give you notice prior to charging you for some of these amounts. To the extent possible under applicable law, you waive any rights you may have to receive advance notice of any particular preauthorized charge. If you provide us with a SEPA mandate or a Direct Debit Guarantee (UK) for debiting Owed Amounts from your bank account, any required advance notice will be given to you at least two days prior to charging your bank account.
If our attempt to recoup an Owed Amount from a payment instrument you have authorized us to use fails as a result of your acts or omissions, we may charge you for the failed attempt as set forth on the Fee Page or as applicable in Parts III to V below.
If you are a consumer (i.e., not a business) whose Payout Entity is eBay Sarl, you will be deemed to have consented to these changes unless you explicitly reject them before the anticipated effective date. For all other sellers, your continued use of Managed Payments beyond the effective date of the changes will constitute your acceptance of the changes.
11. Term, Termination
- We are required to do so by law or a court order,
- A governmental authority requires us to do so to comply with anti-money laundering or counter-terrorism financing obligations,
- We have reasonable grounds to believe you are carrying out a prohibited or illegal activity,
- We are unable to verify your or your business’s identity, or any other information pertaining to you, or
If you give notice of termination to one eBay Payment Entity, such notice shall also be deemed as a termination notice to the remaining eBay Payment Entities.
Once you have registered for Managed Payments on eBay and your eBay account has been enabled, the use of Managed Payments effectively becomes a condition to using your eBay account. Should you therefore terminate this agreement, you will not be able to reset your eBay account to the state before you registered for Managed Payments. Our Affiliates which provide you the eBay Services according to the User Agreement may terminate the User Agreement pursuant to the termination provisions therein.
II. ADDITIONAL TERMS FOR SERVICES PROVIDED BY eCI
In addition to the General Payments Terms above, the following provisions apply with respect to Payment Services you receive from eCI. Within this section, “we” or “us” refers to eCI.
1. Appointment of eCI as Agent
eCI will receive payments on your behalf as your agent. You hereby appoint eCI as your agent for the limited purpose of receiving, holding and settling payments for Managed Payments transactions.
2. Receipt and Settlement of funds
After a Managed Payments transaction occurs, you will receive a notification confirming such payment transaction. In certain instances, your transaction may be declined, frozen, or held for any reason including for suspected fraud, high risk or potential violation of any regulation, compliance with economic or trade sanctions, eBay or eCI policies, or a policy of one of our third-party payments services providers.
3. Authorization for Collection of Owed Amounts
You hereby authorize eCI to debit or charge any Owed Amount from your Linked Bank Account or any other payment method you have on file with us. Your authorization will remain in full force and effect until the earlier occurrence of: our receipt from you of any written communication that revokes such authorization, or upon the closure or termination of your eBay account.
To the extent permitted by law, you hereby irrevocably sell, assign, grant, convey and transfer to eBay and its Affiliates, as applicable, all of your rights, title, and interests in any and all accounts receivable, payments of money, and general intangibles owed in your favor to satisfy any and all obligations or liabilities you owe to eBay or its applicable Affiliate in connection with your use of Managed Payments and eBay Services for the sale of goods or services to your Buyers.
4. Legal Disputes
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND eCI HAVE AGAINST EACH OTHER ARE RESOLVED.
A. Applicable Law
B. Agreement to Arbitrate
- Prohibition of Class and Representative Actions and Non-Individualized Relief YOU AND ECI AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND ECI AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim or a particular request for a remedy (such as a request for injunctive relief), then that claim or that remedy request (and only that claim or that remedy request) must be severed from the arbitration and may be brought in court, subject to your and eCI’s right to appeal the court's decision. All other claims will be arbitrated.
- Arbitration Procedures
The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules and the AAA’s Commercial Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org. In the event that the AAA is unavailable to administer the arbitration, another administrator will be selected by the parties or the court.
A party who intends to seek arbitration must first send to the other, by certified mail, a valid Notice of Dispute ("Notice"), which may be downloaded at this link: http://p.ebaystatic.com/aw/help/legal/Notice_of_Dispute.pdf. The Notice to eCI must be sent to eBay Inc., Attn: Litigation Department, Re: Notice of Dispute, 583 W. eBay Way, Draper, UT 84020. Any such Notice addressed to and received by eBay will also be deemed to be received by eCI, if such Notice regards services offered by eCI. eCI will send any Notice to you to the physical address we have on file associated with your eBay account; it is your responsibility to keep your physical address up to date. To be valid, you must personally sign the Notice and complete all information on the Notice form, including a description of the nature and basis of the claims the party is asserting, the specific relief sought, and the email address and phone number associated with your account.
If you and eCI are unable to resolve the claims described in a valid Notice within 30 days after eCI receives the Notice, you or eCI may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to eCI at the following address: eBay Commerce Inc. c/o CT Corporation System, 1108 E South Union Ave., Midvale, UT 84047. In the event eCI initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your eBay account. Any settlement offer made by you or eCI shall not be disclosed to the arbitrator.
The arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. Where no disclosed claims or counterclaims exceed $25,000, the dispute shall be resolved by the submission of documents only, subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or eCI may attend by telephone, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same eCI user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
- Costs of Arbitration
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. If you complied with the Notice of Dispute procedures of Section 2 of this Agreement to Arbitrate (“Arbitration Procedures”) and the value of the relief sought is $10,000 or less, at your request, eCI will pay all administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by eCI should be submitted by mail to the AAA along with your Demand for Arbitration and eCI will make arrangements to pay administration and arbitrator fees directly to the AAA. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse eCI for all fees associated with the arbitration paid by eCI on your behalf that you otherwise would be obligated to pay under the AAA's rules. eCI will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the cost of accessing the arbitration forum from being prohibitive.
With the exception of any of the provisions in Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.
- Opt-Out Procedure
- Future Amendments to the Agreement to Arbitrate
C. Judicial Forum for Legal Disputes
Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and eCI must be resolved exclusively by a state or federal court located in Salt Lake County, Utah. You and eCI agree to submit to the personal jurisdiction of the courts located within Salt Lake County, Utah for the purpose of litigating all such claims or disputes.
If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
III. ADDITIONAL TERMS FOR SERVICES PROVIDED BY EBAY SARL
In addition to the General Payments Terms above, the following provisions apply with respect to Payment Services you receive from eBay Sarl. Within this section, “we” or “us” refers to eBay Sarl.
1. Payment Service
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, you may also be deemed to be a payer, again with eBay Sarl acting as your payment service provider.
2. Execution of Payment Transactions
When you, as a payee, use Managed Payments, the payment transactions will be executed in accordance with the payment schemes rules and procedures, or as otherwise agreed.
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.
When you give us a payment order as a payer, you are responsible for providing us with the following information:
- Your name,
- Your eBay username,
- The buyer’s name,
- The buyer’s eBay username, and any other data about the buyer which the buyer’s payment service provider or we may require,
- The currency of the payment transaction (if possible, in abbreviated form), and
- The amount of the payment transaction.
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 (whether an instruction from you as the payer to us for the execution of a payment transaction, or an instruction we otherwise receive with respect to Managed Payments, such as a refund) 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 from you.
If you (as a payer) give us a payment order, you may not revoke such 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;
- 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, where the refusal is justified.
You acknowledge that when executing a payment transaction, we may have to disclose information mentioned above and your legal address to your buyer’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 your payment order may depend on us having received the respective amount from you prior to the execution.
3. Settlement of Funds
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
Where you are the payer with respect to a payment order, 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.
5. Our Liability for Incorrectly or Non-Executed Payment Transactions
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.
General Terms and Conditions for RatePAY Payment Methods
6.1. Contractual object and scope
6.1.1 RatePAY GmbH ("RatePAY") is a payment institution that is constantly supervised and officially licensed by the German Federal Financial Supervisory Authority (BaFin). RatePAY offers individual solutions in the field of online payment for a variety of online retailers and online platform providers which provide an online platform for online retailers and consumer sellers to sell their products. As part of these solutions, RatePAY offers payment methods for integration on eBay Services. The payment methods offered by RatePAY ("RP Payment Method(s)") generally include payment by invoice and payment by SEPA direct debit, currently offered in Germany, Austria, Switzerland and the Netherlands and all further Accepted Jurisdictions as defined in section 6.4.2. Your buyers who purchase items on eBay Services may use the currently available RP Payment Method(s) offered by eBay to settle the purchase price claim.
6.1.3 Adyen N.V. (“Adyen“) offers, in cooperation with RatePAY, in its own name the RP Payment Method(s) to eBay Sarl for integration into the eBay Services.
6.1.4 In order to use the RP Payment Method(s), eBay Sarl acquires your purchase price claims against your buyers, who use the RP Payment Method(s) on eBay Services. eBay Sarl will then sell and assign the purchased claims to Adyen according to the terms of these General Terms and Conditions for RatePAY Payment Methods. Adyen will then sell and assign the purchased claims to RatePAY, who will then assume the payment default risk for the purchased claims in accordance with the following provisions. This arrangement is further referred to as “Chain Factoring”.
6.1.5 These General Terms and Conditions for RatePAY Payment Methods shall apply to you with regard to your use of the RP Payment Method(s) on eBay Services.
6.2. Integration of the RatePAY Terms of Payment and the RatePAY Data Privacy Statement
You shall conclude with each buyer the RatePAY Terms of Payment (“RP-TOP”) and the RatePAY Data Privacy Statement (“RP-DPS”) for the buyer’s use of RP Payment Method(s), as available online at https://www.ratepay.com/en/ratepay-data-privacy-statement. You hereby agree and accept that the RP-TOP and the RP-DPS shall become an integral part of each sale contract concluded between you and the buyer on eBay Services for the buyer’s use of RP Payment Methods (“Sale Contract”). You hereby agree that eBay Sarl has the RP-TOP and the RP-DPS implemented into the payment check-out of the RP Payment Method(s) and instruct eBay Sarl to have the RP-TOP and the RP-DPS forwarded to the buyer on your behalf.
If you act as a business seller, you hereby agree that section 675f (5) sentence 2 German Civil Code (“BGB”) (Fees for payment services), section 675g BGB (Amendment of the framework contract on payment services), section 675h BGB (Ordinary termination of a framework contract on payment services), section 675y BGB (Liability of the payment service provider in case of non-execution, defective or delayed execution of a payment order; obligation to make enquiries), section 675z BGB (Other claims in case of non-execution, defective or delayed execution of a payment order or an unauthorised payment transaction) and Section 676 BGB (Proof of execution of payment transactions) shall not be applicable to these General Terms and Conditions for RatePAY Payment Methods.
6.4. Purchase of Your Receivables by eBay Sarl
6.4.1 You hereby allow eBay Sarl to submit your receivables (through Adyen) to RatePAY for approval (“Purchase Notice”). RatePAY will, after receipt of the Purchase Notice (through eBay Sarl and Adyen), score the offered receivables to determine the probability for payment of the relevant offered receivable by the buyer and will (through Adyen and eBay Sarl) send a response confirming if the receivable is accepted (“Positive Score Notice”) or is rejected (“Negative Score Notice”).
- Your receivable against your respective buyer in connection with the Sale Contract and for which the buyer has chosen one of the RP Payment Methods;
- Positive Score Notice regarding the relevant receivable;
- The receivable is nominated in (i) EUR or CHF or (ii) any other currency supported by RatePAY; and
- The receivable is governed by (i) the laws of Germany, Austria, Switzerland or the Netherlands or (ii) any other jurisdiction supported by RatePAY (the “Accepted Jurisdictions”).
(jointly the “Seller Receivables” and each a “Seller Receivable”).
6.5. Assignment of receivables
6.5.1 You hereby assign, subject to the condition precedent in section 5.3 below, all your current and future Seller Receivables including all Ancillary Rights (as defined below) to eBay Sarl and eBay Sarl hereby accepts the assignment.
- rights for any securities and collateral securing the relevant Seller Receivable; and
- transport and deficiency insurance claims;
- your contingent claims to demand possession or repossession from a direct possessor;
- preferential rights, constitutive rights (Gestaltungsrechte), withdrawal or rescission rights (Rücktrittsrechte) or challenge rights (Anfechtungsrechte) and all other legal positions, interest claims, claims for compensation, warranty claims, claims for contractual penalty against the buyer or third parties who are the direct owners of the goods; or
- other claims against third parties with respect to the relevant Seller Receivable (such as trade credit, transport, burglary, theft, fire insurance, claims against central settlers and purchasing associations, claims against carriers), as well as all further ancillary rights or any other ancillary rights pertaining to or associated with the relevant Seller Receivable and/or the underlying transactions and contracts,
in each case irrespective of whether or not being transferred with the relevant Seller Receivable by operation of law pursuant to section 401 BGB.
No ancillary rights are additional or new claims against the buyer arising from the reversal of the Sale Contract (such as return shipping costs). These claims will not be transferred by you to eBay Sarl as part of the Seller Receivables.
6.5.3 The assignment described in section 5.1 of the relevant Seller Receivable including all Ancillary Rights above is subject to the conclusion of a Single Purchase Agreement regarding the relevant Seller Receivable in accordance with section 4.3.
6.5.4 The assignment of Seller Receivables including all Ancillary Rights, for which the assignment is not valid due to an extended retention of title (verlängerter Eigentumsvorbehalt), becomes valid upon the payment of the relevant supplier or its waiver of its retention of title.
6.5.5 Upon conclusion of a Single Purchase Agreement, you and eBay Sarl reiterate the assignment of the relevant receivable identified through the transaction-ID in the Purchase Offer including all Ancillary Rights whereby the Purchase Offer constitutes an offer to assign the relevant receivable from you to eBay Sarl and the Acceptance of Purchase Offer constitutes an acceptance of this offer by eBay Sarl.
6.5.6 In case there is any doubt about the validity of the assignment of the Seller Receivables including all Ancillary Rights and this requires any further declaration or action by you, you will execute such declaration or action upon request of eBay Sarl.
6.5.7 You irrevocably authorise eBay Sarl with the power of sub-delegation to notify the relevant buyer regarding the assignment of the Seller Receivable and to exercise non-assignable rights, such as contractual rights, in connection with the Seller Receivables including all Ancillary Rights in its own name.
6.6. Collection Risk / Collection
6.6.1 Subject to the legal validity (“Bestehen der Forderung”) of the Purchased Receivables, eBay Sarl bears the risk that the Purchased Receivables are not collectable from the respective buyer in part or in full, in particular caused by the insolvency of the buyer. eBay Sarl will pay the purchase price (minus the agreed fees and expenses of eBay Sarl) for the relevant Purchased Receivable regardless of whether it chooses to enforce the relevant Purchased Receivable.
6.6.2 The collection and enforcement of the Purchased Receivables is the responsibility of eBay Sarl. eBay Sarl shall bear all and any costs in this regard.
6.6.3 eBay Sarl will transfer the economical risks of the obligations described in section 6.6.1 and 6.6.2 to Adyen and consequently to RatePAY in accordance with the Chain Factoring as described in section 6.1.4.
Every time upon entering into a Single Purchase Agreement concerning a Purchased Receivable, you represent and warrant to eBay Sarl by way of an independent guarantee (selbstständiges Garantieversprechen) that:
6.7.1 the Purchased Receivable fulfils the criteria as described in section 6.4.2 of these General Terms and Conditions for RatePAY Payment Methods;
6.7.2 the Purchased Receivable is valid (“besteht”);
6.7.3 you hold free and clear title to, and may freely assign and transfer, the Purchased Receivable;
6.7.4 the Purchased Receivable has not yet been assigned or transferred to third parties, unless such assignment occurred pursuant to a customary extended retention of title agreed between you and the relevant supplier of goods (in which case sub-sections (3) and (5) will not apply to this extent);
6.7.5 the Purchased Receivable is free from any third parties' rights to the Purchased Receivable and there do not exist any rights or claims of any third party to the respective Purchased Receivable;
6.7.6 the Purchased Receivable is not charged with any liability claims of third parties, especially any claims in accordance with section 13c German Value Added Tax Act (“Umsatzsteuergesetz”);
6.7.7 you will ship, deliver or provide the respective item(s) to the relevant buyer completely, on time and in accordance with the Sale Contract with the respective buyer in order that the respective buyer is not able to exercise any right or claim of retention, set-off, supplementary performance (Nacherfüllung), reduction (Minderung), recession right (Rücktritt) or damage claims (Schadensersatz), provided, however, that the case is not resolved by the procedure laid down in section 6.8.1 (c) (i.e. if the case is resolved by the procedure laid down in section 6.8.1 (c) and if you have provided valid proof according to section 6.10.2, the guarantee in this sub-section (7) shall not apply for the specific reason and item the valid proof was provided for); and
6.7.8 upon conclusion of the respective Single Purchase Agreement, the respective Purchased Receivable will be validly assigned to eBay Sarl and enforceable against the buyer by eBay Sarl (or Adyen or RatePAY after assignment of the claim to Adyen and subsequently to RatePAY) in accordance with the applicable law of the respective Purchased Receivable and the applicable enforcement procedure.upon conclusion of the respective Single Purchase Agreement, the respective Purchased Receivable will be validly assigned to eBay Sarl and enforceable against the buyer by eBay Sarl (or Adyen or RatePAY after assignment of the claim to Adyen and subsequently to RatePAY) in accordance with the applicable law of the respective Purchased Receivable and the applicable enforcement procedure.
Each of these guarantees to eBay Sarl with respect to a Single Purchase Agreement will be provided by eBay Sarl to Adyen (and by Adyen to RatePAY) back-to-back in accordance with the Chain Factoring arrangement.
6.8. Assignment of Purchased Receivables back to You
- the buyer exercises its right of withdrawal (Widerruf) regarding the Purchased Receivable with valid effect;
- the buyer reverses the Sale Contract on the basis of a voluntary withdrawal of the purchased item (such as a "100-day right of return") offered by you;
- in case of an objection of the buyer against a Purchased Receivable (dispute), if you do not provide valid proof upon request of eBay Sarl in accordance with section 6.10.2;
- you are in breach of a guarantee pursuant to section 7 in respect of the Purchased Receivable (in which case the right to assign back the Defect Receivable shall be the sole remedy);
and Adyen consequently decides to use its right to assign back the relevant Defect Receivable to eBay Sarl, eBay Sarl is entitled to assign back any Defect Receivable to you.
6.8.2 eBay Sarl hereby assigns all current and future Defect Receivables to you subject to the condition precedent in section 6.8.3 below and you hereby accept the assignment of all current and future Defect Receivables.
6.8.3 The assignment of the relevant Defect Receivable above is subject to the condition precedent that eBay Sarl notifies you of the re-assignment (the “Re-Assignment Notice”).
6.8.4 You are obliged to pay back any purchase price which you have received for the Defect Receivables from eBay Sarl without undue delay after eBay Sarl has provided the relevant Re-Assignment Notice. eBay Sarl is entitled to set-off this claim which you are obliged to pay to eBay Sarl with any further payment which eBay Sarl is obliged to pay to you.
6.9.1 In case you initiate a refund for any Purchased Receivable (“Refunded Receivable”), the refunding process will be initiated by eBay Sarl through Adyen, and RatePAY will pay the refund to the buyer.
6.9.2 You shall reimburse eBay Sarl in connection with any costs, expenses or liabilities incurred by eBay Sarl in connection with any Refunded Receivable (“Reimbursement Claim”) limited to the purchase price of each Refunded Receivable. eBay Sarl is entitled to set-off any Reimbursement Claim with any payment which eBay Sarl is obliged to pay to you.
6.9.3 Upon Adyen’s assignment of any Refunded Receivable in part or in whole (if any) to eBay Sarl, eBay Sarl will consequently assign such Refunded Receivable to you.
6.10. Information Undertakings / Further Assistance
6.10.1 You shall undertake to inform eBay Sarl promptly upon becoming aware of (i) any breach of a guarantee according to section 7 regarding any Purchased Receivable or (ii) any other event that may materially impair or jeopardise the realisation of the Purchased Receivables or might materially change your solvency or, subject to you becoming aware of it, the probability of payment of the Purchased Receivables by the buyer.
6.10.2 In case a buyer files an objection against a Purchased Receivable with RatePAY, RatePAY will notify eBay Sarl using the dispute platform provided by Adyen and eBay Sarl will notify you regarding the objection and instruct you to provide valid proof of shipment or delivery or other proper performance to eBay Sarl in accordance with the Seller Protection Policy. In case such valid proof is not provided in accordance with the Seller Protection Policy, you agree that this will lead to the re-assignment of the Purchased Receivable by RatePAY to Adyen, Adyen to eBay Sarl and subsequently by eBay Sarl to you and the requirement to repay the purchase price by you to eBay Sarl.
6.10.3 In case you receive any payments on the Purchased Receivable, you shall reject these received payments and notify the payer that payment shall be made to RatePAY. You shall notify RatePAY of any rejected payments on the Purchased Receivables.
6.10.4 Upon eBay Sarl’s request, you shall promptly hand over to eBay Sarl, Adyen and/or RatePAY any information, records and documents which are necessary or expedient for the examination and the enforcement of the Purchased Receivables. In the event that information, records and documentation necessary for the examination or enforcement of the Purchased Receivables have been transferred by you to third parties (in particular, book-keeping agencies or tax advisors) or the electronic data processing operations are undertaken by third parties, you shall promptly, at eBay Sarl’s request, instruct such third parties to provide and furnish to eBay Sarl, Adyen and/or RatePAY all such necessary information, records and documentation and to supply their services for eBay Sarl, Adyen and/or RatePAY to the extent necessary for the examination or enforcement of the Purchased Receivables.
6.12. Right of modification
6.13. Data Protection
The Parties undertake to process personal data in compliance with applicable data protection law, in particular, the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, "GDPR") and supplementing applicable data protection law.
6.14. General provisions
6.14.2 eBay Sarl is entitled to transfer Purchased Receivables in whole or in part to Adyen for the purpose of transferring the collection risk pursuant to section 6.6 or refinancing and to store, process and transfer all relevant transaction data to RatePAY insofar as this is necessary for the performance of the contractual relationship, the transfer of the Purchased Receivable or the Chain Factoring. In this respect, you release Adyen from the obligation of non-disclosure. Adyen is entitled to re-assign any Purchased Receivable to RatePAY. RatePAY is entitled to re-assign any Purchased Receivable to any third party.
6.14.3 These RatePAY General Terms and Conditions for eBay Sellers shall be governed by the law of the Federal Republic of Germany except any assignment of the relevant Seller Receivable which shall be governed under the applicable law by which the relevant Seller Receivable is governed. The provisions of international private law and the UN Sales Convention shall not be applicable. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your relevant country of your residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of German law.
7. 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.
8. 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.
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.
Legal notices to eBay Sarl (except for termination notices pursuant to Part I, Section 11) shall be served by mail to the following address: eBay S.à.r.l., 22-24 Boulevard Royal, L-2449 Luxembourg.
Governing Law and Jurisdiction
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.
IV. ADDITIONAL TERMS FOR SERVICES PROVIDED BY ECCA
In addition to the General Payments Terms above, the following provisions apply with respect to Payment Services you receive from ECCA. Within this section, “we” or “us” refers to ECCA.
1. Receipt and Settlement of Funds
After a Managed Payments transaction occurs, you will receive a notification confirming such payment transaction. In certain instances, your transaction may be declined, frozen, or held for any reason including for suspected fraud, high risk or potential violation of any eBay or ECCA policies, or a policy of one of our third-party payments services providers.
2. Authorization to Pay
The authorization to pay for Owed Amounts in accordance with Part I, Section 9 is an electronic pre-authorized debit agreement (“PAD Agreement”) that you are entering into for business purposes to allow eBay to debit your designated bank account, and is subject to the rules of Payments Canada.
By completing registration for Managed Payments, you hereby authorize ECCA (or eBay on our behalf) and the ﬁnancial institution that has issued your designated bank account (or any other ﬁnancial institution you may authorize at any time) to debit your designated bank account monthly for recurring, variable payments (as invoiced) on your scheduled payment date and from time to time for any other Owed Amounts. You acknowledge that ECCA, or eBay on our behalf, may contact you for a separate authorization for any withdrawal that is not on a scheduled payment date.
ECCA, or our Affiliates on our behalf, will charge your account a CDN$ 7.00 fee by way of a separate debit for each and every debit transaction authorized above that is unsuccessful or returned unpaid by your ﬁnancial institution. We shall have no liability to you whatsoever caused by a dishonoured debit.
If you would like to cancel this PAD Agreement, you may do so at any time by contacting us. You may obtain further information on your right to cancel this PAD Agreement from your financial institution or by visiting www.cdnpay.ca. If you cancel this PAD Agreement without providing a new authorization, we may suspend or cancel your Payment Services and eBay may suspend or cancel your eBay Services.
You have certain recourse rights if any debit does not comply with this PAD Agreement. For example, you have the right to receive reimbursement for any debit that is not authorized or is not consistent with this PAD Agreement. You can revoke your payment authorization at any time, subject to thirty (30) days’ prior notice. To obtain more information on your recourse rights, or for further information on your right to cancel this PAD Agreement and applicable forms, you may contact your ﬁnancial institution or visit www.payments.ca.
3. Legal Disputes
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND EBAY HAVE AGAINST EACH OTHER ARE RESOLVED.
- Arbitration Option - For any dispute or claim (excluding claims for injunctive or other equitable relief) where the total amount of monetary relief sought is less than CDN$15,000, the parties may elect to resolve the dispute in a cost-effective manner through binding arbitration. In the event that the parties agree to arbitration, such arbitration shall be conducted pursuant to the simplified arbitration procedure set out in the arbitration rules of the ADR Institute of Canada, in force at the time of the dispute. Unless the parties agree or the arbitrator determines otherwise, the arbitration shall not involve any personal appearance by the parties or witnesses and shall be conducted by telephone, online and/or be solely based on written submissions. Any judgement on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Improperly Filed Claims - All claims you bring against ECCA must be resolved in accordance with this Resolution of Disputes section. All claims filed or brought contrary to the Resolution of Disputes section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, ECCA may recover attorneys' fees and costs up to CDN$1500, provided that eBay has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim. Except as stated otherwise, legal notices to ECCA shall be served on ECCA’s national registered agent.
V. ADDITIONAL TERMS FOR SERVICES PROVIDED BY ECA
In addition to the General Payments Terms above, the following provisions apply with respect to Payment Services you receive from ECA. Within this section, “we” or “us” refers to ECA.
1. Receipt and Settlement of funds
After a Managed Payments transaction occurs, you will receive a notification confirming such payment transaction. In certain instances, your transaction may be declined, frozen, or held for any reason including for suspected fraud or potential violation of any eBay or ECA policies, or a policy of one of our third-party payments service providers.
2. Unsuccessful Direct Debits
We will charge your account an AUD 8.00 fee by way of a separate debit for every debit transaction for an Owed Amount that is unsuccessful or returned unpaid by your financial institution. eBay shall have no liability to you whatsoever caused by a dishonoured debit.
3. Data Protection
4. Legal Disputes
If a dispute arises between you and ECA, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. We strongly encourage you to first contact us to seek a resolution. If your dispute is not resolved by contacting Customer Service, all legal notices and formal disputes should be sent to ECA's registered agent in accordance with the “Notices” section below. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Law and Forum for Legal Disputes
Legal notices must be served on ECA’s registered agent (in ECA’s case) or to the email address you provide to eBay during the registration process (in your case). Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing.
Any notices to ECA’s registered agent must be given by registered ordinary post (or if posted to or from a place outside Australia, by registered airmail) or by facsimile transmission to eBay Commerce Australia Pty Ltd ℅ Corrs Chambers Westgarth, 8-12 Chifley Square, Sydney NSW 2000, Fax: (01) 9210 6611.
Posting Date: June 18, 2020