Pricing Tools and Functionality
- By using the Pricing Tools and participating in any Promotion (as defined below), you agree to be bound by the following Pricing Promotions Terms and Conditions ("Pricing Promotions Terms"). These Pricing Promotions Terms apply in addition to eBay's User Agreement, eBay's User Privacy Notice, all applicable eBay policies, and all applicable laws and regulations, including, without limitation, the Federal Trade Commission's Guide Against Deceptive Pricing and any applicable local, state or federal consumer protection law. These Pricing Promotions Terms, as may be amended from time to time, take effect upon your use of any Pricing Tool and will remain in effect so long as you continue to use any Pricing Tool or participate in a Promotion.
- For the purpose of these Pricing Promotions Terms, "Pricing Tools" include the following eBay tools and functionalities:
- "Comparative Pricing": Where an eBay seller or eBay refers to a recommended or historical price ("Original Price") for an item in comparison to the current selling price, in order to establish the value of the discount to the buyer. Comparative Pricing includes, but is not limited to, the "List Price," the "Was" Price and the "Trending Price." Comparative Pricing may not be available on all eBay sites and not all users will have access to all forms of Comparative Pricing. Comparative Pricing may be surfaced to buyers as a strike-though price.
- The "List Price" is the price at which you or another seller recently listed the item for sale or sold the item on eBay or elsewhere. It doesn't include shipping, handling, or tax. This option is available to qualifying eBay sellers who list using certain feed or API-based selling tools to create listings on the Site.
- The "Was" price is the price at which you recently listed this item for sale on eBay. It doesn't include shipping, handling, or tax. This option is available to sellers discounting items using Sale event + markdown in Promotions Manager.
- The "Trending Price" is determined through a machine learning model of the item's sales price within the previous 90 days.
- Cross-Selling Functionality ("CSF"): The adjustment of the pricing of your listings when items are offered and sold to buyers as part of a cross-promotional offer. This means that you can offer buyers certain discounts when they buy certain items or a combination of items. The discount can either be a percentage or fixed amount or related to shipping costs. CSF may be available through Promotions Manager and may not be available on all eBay sites.
- "Promotions Manager": This is eBay's tool for creating and managing CSF Promotions. This tool is available to users with an active eBay Store subscription.
- "Sale event + markdown": This feature, available in Promotions Manager to all sellers with active eBay Store subscriptions, allows you to create a sale price for your listing and compare it to your original price.
- All of the above Pricing Tools enable you, or eBay on your behalf, to offer and display a comparative sale price ("Promotion") to eBay buyers under these Pricing Promotions Terms.
Use of Pricing Tools
- You will only be able to use Pricing Tools if you are a registered seller on eBay with at least one active listing, have been invited to use such Pricing Tools by eBay in its sole discretion, and have an active qualifying listing priced below the current Trending Price. You also may purchase a subscription to an eBay Store to gain access to Promotions Manager.
- Your use of any Pricing Tool is subject to compliance with eBay's policies, including but not limited to eBay's minimum seller performance standards for all sellers, eBay's Prohibited and Restricted Item policies and the respective policies of the eBay site on which you intend to advertise your listings.
- You represent and warrant that (a) you will provide eBay with accurate pricing information with regard to the Original Price, the Was Price and the List Price and (b) you offer the listing in accordance with the Federal Trade Commission's Guide Against Deceptive Pricing and all applicable laws, codes and regulatory guidance in effect where the Promotion will be offered and promoted. eBay is exclusively relying on your representations, including but not limited to the Original Price you provide, and you shall be solely responsible for any fines or penalties that may be imposed as a result of any inaccurate or misleading information contained in your listing.
- If you use a Was Price, you also confirm that: (a) the price used as a basis for comparison will be the most recent non-sale price for a reasonable amount of time; and (b) comparisons will not be made with prices last offered more than six (6) months ago (if not, you will highlight this clearly within the listing).
- If you use a List Price, you also confirm: (a) the referenced pricing will be accurate and current throughout the entire duration of the listing; and (b) List Price will only be used in cases where the product is generally sold at that price.
Upon eBay's request, you will provide (within 3 days) written documentation to substantiate Was Price (e.g., receipts or detailed sales records showing that a number of the items were bought by customers at the pervious selling price), or List Price (e.g., evidence that the item in question is currently being sold during the timeframe at issue by at least three (3) other licensed retailers).
- You acknowledge and agree that eBay may display a "% off" on the eBay site(s) in connection with the Promotion, to represent a discount to the Original Price.
- You agree that eBay may, in its sole discretion, may create a Trending Price comparison associated with your listing to establish value to eBay buyers. You will not be held responsible by eBay for any Trending Price claim related to your listings.
The terms in this Section 3 apply to your use of Promotions Manager, if applicable.
- Listings eligible for inclusion in cross-promotional offers must be either in the fixed price format or in the auction-style format with the Buy It Now feature.
- The "Order discount" feature permits you to offer a discount off either all of your inventory, a specific category of your inventory, or a selection of SKUs in your inventory, once your buyer's order reaches a designated quantity or monetary threshold. For example:
- "Save $25 when you buy 3 or more items." Buyer saves a dollar amount (or, alternatively, a percentage) off his or her order when he or she buys a certain number of items in the same order.
- "Save $25 when you spend $100 or more." Buyer saves a dollar amount (or, alternatively, a percentage) off his or her order when he or she spends a certain amount in the same order.
- "Get 1 free when you buy 4 or more." The price of the lowest-priced item is discounted from your buyer's order when he or she buys a certain number of items in the same order.
- Discounts will be applied to each item purchased as part of a cross-promotional offer on a cost-weighted basis, prior to the addition of shipping and handling costs and any applicable taxes, and will be invoiced to buyers within the "Order details" page accordingly. For example:
- The discount for an Order discount of "Save $25 when you spend $100 or more" on the purchase of a jacket (otherwise priced individually at $50), a shirt (otherwise priced individually at $30), and a tie (otherwise priced individually at $20) would be applied and invoiced as follows:
- Jacket's cost-weighted discount: $25 x ($50/($50 + $30 + $20)) = $12.50. The jacket's discounted price would be $50 - $12.50, or $37.50.
- Shirt's cost-weighted discount: $25 x ($30/($50 + $30 + $20)) = $7.50. The shirt's discounted price would be $30 - $7.50, or $22.50.
- Tie's cost weighted discount: $25 x ($20/($50 + $30 + $20)) = $5. The tie's discounted price would be $20 - $5, or $15.
- The discount for an Order discount of "Get 1 free when you buy 4 or more" on the purchase of four video games (otherwise priced individually at $20 each) would be applied and invoiced as follows:
- Cost-weighted discount for each video game: $20 x ($20/($20 + $20 + $20 +$20)) = $5. Each game's discounted price would be $20 - $5, or $15.
- In this example, the total discount to the buyer would be $20, which equates to the individual undiscounted price of one of the games. However, where the items in this type of Order discount vary in price, the total discount to the buyer would be the undiscounted individual price of the least expensive item in the offer, which would be distributed on a cost-weighted basis to each of the items purchased by the buyer as part of the offer.
- All items sold as part of a cross-promotional offer that provide the same shipping service should be grouped together as a single order. eBay may, in the future and in its discretion, limit the amount that sellers may charge for shipping and handling of items when they are sold as part of a cross-promotional offer. For items sold as part of an Order discount, the shipping costs of individual items will be aggregated.
- For items purchased as part of a cross-promotional offer, the returns policy specified in each individual listing will apply to the return of each respective item. If your return policy for an item permits returns, the item price that you reimburse your buyer must at a minimum be the cost-weighted discounted price of the returned item. For purchases eligible for refunds under the eBay Money Back Guarantee, eBay will treat the cost-weighted discounted price of an item (including any applicable sales tax) as the "full cost" of that item. In addition, for Order discounts where your buyer returns one or more items comprising the order but where the buyer received a "free" item as part of the offer, you must permit your buyer to keep any unreturned items at their cost-weighted discounted prices.
- Promotions Manager is available for use in creating cross-promotional offers on certain eBay sites only, including eBay.com, eBay.co.uk, and eBay.de. Only live listings created on these eBay sites and in certain categories are eligible for inclusion in cross-promotional offers. eBay may, in its discretion, expand or limit the ability of buyers to redeem cross-promotional offers. For example Order discounts created with Promotions Manager on eBay.com and consisting of listings created on eBay.com will be available only to buyers on eBay.com.
- eBay retains the sole discretion to decide where on the eBay site cross-promotional offers will be displayed to buyers, if at all, and to explain to buyers, in any manner of its choosing and in any location on the eBay site, what cross-promotional offers are and how they operate. eBay also retains the sole discretion to display or not to display any or all of your inventory as part of a cross-promotional offer, for any reason, with or without notice to you, as well as the discretion to display or promote the inventory of other sellers on any part of the eBay site as it so chooses, including the View Item page for any of your listings.
- eBay will have the right, but not the obligation, to change the features or functionality of Promotions Manager at any time in its sole discretion, with or without prior notice.
Sale event + markdown in Promotions Manager
The terms in this Section 4 apply to your use of the Sale event + markdown feature in Promotions Manager, if applicable.
- Increasing the item price, revising the shipping cost, or both for an item on the Revise My Item page removes the item from a sale.
- Most sales are processed within an hour.
- Items can be discounted 5% to 80%.
- There are minimum and maximum durations for price sales. A fixed price sale can be 1 to 45 days.
- If a listing is already on sale, you won't be able to add a new sale. For example, if your listing is on a price sale, you won't be able to add a free shipping sale to that listing.
- If you have listings in multiple currencies and choose to discount by an amount (not a percentage), that discount is in the currency of the listings and won't be converted. For example, a discount entered as "5" will be CN$5 for Canadian listings and US$5 in the United States.
- Sales can be scheduled up to 180 days in advance and we keep sale information for up to 15 months after the end date.
- You can't include items in a Sale event + markdown with free shipping if the items include one or more of the following:
- Freight shipping
- Local pickup only
- Sale event + markdown promotions are limited by the following:
- The number of listings you can include in a markdown sale is 10,000.
- A price or free shipping sale on a fixed price listing can be 1 to 45 days.
- A listing can only be in one active sale at a time but can exist be included in multiple scheduled and inactive sales.
The terms in this Section 5 apply to your use of eBay Coupons, if applicable.
From time to time eBay may invite you to participate in an eBay curated "Coupon Event". You will be able to review and join or decline to join the specific Coupon Event.
During the time period specified in the Coupon Event ("Promotion Dates"), eBay shall display promotional codes ("Coupons"), and these Coupons will be redeemable by qualifying recipients during the period of validity specified in the Coupon Event ("Coupon Valid Dates"). The Coupons can be applied to the purchase of certain items or items within certain eBay selected categories ("Coupon Eligible Items") and expire at the end of the Coupon Valid Dates.
The Coupons shall be subject to the Coupon terms and conditions specified in the Coupon Event.
During the Promotion Period, you shall ensure that the non-discounted price for all Coupon Eligible Items shall be no greater than their prices on eBay in the seven (7) days preceding the Promotion Dates.
When a qualifying recipient redeems a Coupon to purchase a Coupon Eligible Item, you will receive payment equal to the discounted price of the Coupon Eligible Item.
Your participation in the Coupon Event does not change any fees due to eBay, all of which shall be based on the discounted price of the Coupon Eligible Item for which a Coupon was redeemed.
Term and Termination
- These Pricing Promotions Terms will commence when you start using any Pricing Tool. You may cease using the Pricing Tools at any time. Without limiting other remedies, eBay may immediately terminate your use of any or all of the Pricing Tools if you violate any of these Pricing Promotions Terms.
- In addition, eBay reserves the right, in its sole discretion, to suspend temporarily or to terminate permanently access to the Pricing Tools or to replace, alter or remove the functionality of the Pricing Tools with or without notice. Additionally, eBay may, in appropriate circumstances and in its sole discretion, suspend or terminate your account, or impose other consequences (such as removal of eBay Top Rated Seller status at an account level) as a result of failure to provide substantiation of your Original Price to us or to a regulatory body such as the FTC. Such suspension or termination will not relieve you of your obligation to fulfill orders that have already been placed in response to Promotions or your obligation to pay any fees already incurred from the listing or sale of items listed using the Pricing Tools. The following sections survive any termination of these Pricing Promotions Terms: "Indemnity," "Limitation of Liability" and "General."
You agree to defend, indemnify and hold eBay, our affiliates, officers, directors, employees and agents, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, fines, penalties and/or expenses (including but not limited to legal fees) arising from: (a) your use of and access to the Pricing Tools; (b) your violation of any term of these Pricing Promotions Terms; (c) your item and any information you provided related to your item or your listing: (d) your content and / or any of your trademarks; or (e) infringement of the content you provided in your listings, including infringement of any third party intellectual property rights.
- ALL PRICING TOOLS ARE PROVIDED "AS IS", "AS AVAILABLE" AND WITH ALL FAULTS. YOU AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON THE PRICING TOOLS (INCLUDING ANY UPDATES).
EBAY EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ANY AND ALL EXPRESS, IMPLIED, AND STATUTORY REPRESENTATIONS, WARRANTIES, AND CONDITIONS RELATING IN ANY WAY TO THESE TERMS OR THE PRICING TOOL, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, USEFULNESS, PERFORMANCE OR QUALITY OF THE PRICING TOOLS.
YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT EBAY SHALL NOT BE RESPONSIBLE FOR ANY DISRUPTIONS IN THE USE OF THE PRICING TOOLS OR ANY LOSS OR INJURY ASSOCIATED WITH ANY SUCH DISRUPTION.
YOU ALSO UNDERSTAND, ACKNOWLEDGE AND AGREE THAT EBAY DOES NOT IN ANY WAY GUARANTEE OR OTHERWISE WARRANT OR REPRESENT THAT YOUR USE OF THE PRICING TOOLS WILL ACTUALLY LEAD TO INCREASED OR MAXIMIZED SALES.
Limitation of Liability
TO THE FULLEST EXENT PERMITTED BY LAW, EBAY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS SHALL HAVE NO LIABILITY FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, MULTIPLIED OR ANY OTHER FORM OF DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATING TO THESE PRICING PROMOTIONS TERMS OR YOUR USE OF, MISUSE OF, OR RELIANCE ON THE PRICING TOOLS, THE RESULTS STEMMING FROM THE PRICING TOOLS, YOUR ELIGIBILITY OR INABILITY TO USE THE PRICING TOOLS, EBAY'S PLACEMENT OR DISPLAY OF CROSS-PROMOTIONAL OFFERS, THE AVAILABILITY OF THE PRICING TOOLS, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRICING TOOLS (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LIABILITY AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
- These Pricing Promotions Terms are the entire agreement between you and eBay and supersede all prior understandings, and representations of the parties with regard to the subject matter.
- If eBay does not enforce any particular provision, eBay is not waiving its right to do so later. If a court finds any of the Pricing Promotions Terms unlawful, invalid or unenforceable, the remaining Pricing Promotions Terms will not be affected. eBay may automatically assign these Pricing Promotions Terms in its sole discretion in accordance with the notice provision below.
eBay may amend these Pricing Promotions Terms at any time by email, via "My Messages" or by posting the amended Pricing Promotions Terms on this site. Except as stated elsewhere, all amended Pricing Promotions Terms shall automatically be effective 30 (thirty) days after they are initially posted.