eBay Sales Maximizer Terms & Conditions

By using the eBay Sales Maximizer ("ESM"), you agree to be bound by the following Terms and Conditions ("Terms"):

  1. Incorporation of Your eBay User Agreement. The ESM is a web-based tool that is designed to be used in conjunction with this eBay website and is therefore subject to eBay's User Agreement and Privacy Policy (collectively and as the same may be amended from time to time, "eBay's policies"). These Terms are made a part of the User Agreement between you and the operator of your eBay site of registration ("eBay"). In the event of any conflict or inconsistency between these Terms and any other agreement or policy between you and eBay, these Terms will control.
  2. Term. These Terms, as may be amended from time to time, take effect upon your use of the ESM and will remain in effect so long as you continue to use the ESM.
  3. Eligibility and Participation Limits. Your use of the ESM is subject to your having and maintaining at all times eBay's minimum standards for all sellers. eBay may expand or limit participation or use of the ESM at any time in its discretion. During eBay's test phase of the ESM, access to the ESM will be by invitation only and will be subject to participation limits that will be set by eBay in its discretion
  4. Use. You agree that you will use the ESM in compliance with these Terms, eBay's policies, and all applicable laws.
  5. Cross-Promotional Offers. Using the ESM, you may choose to adjust the pricing of your listings when they are offered and sold to buyers as part of a cross-promotional offer. 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 and must offer PayPal as a payment option.
    1. Related Items Offers. This feature will permit you to associate, based on an item's stock keeping unit (SKU), a limited number of related listings in your inventory, at discounted prices, to the sale of a primary listing in your inventory, where the SKUs of the primary and related items are not identical to one another. For example: a discount of $50 (or a percentage) off of the purchase of a camera lens (a related item) when purchased with a camera (the primary item).
    2. Order Size Offers. This feature will permit 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.
  6. Computation and Application of Discounts. 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:
    1. The discount for a Related Items Offer of $50 off the purchase of a camera lens (a related item regularly priced at $100) when purchased with a camera (a primary item priced individually at $900) would be applied and invoiced as follows:
      • Camera's cost-weighted discount: $50 x ($900/($900+$100)) = $45. The camera's discounted price would be $900 - $45, or $855.
      • Camera lens's cost-weighted discount: $50 x ($100/($900+$100)) = $5. The camera accessory's discounted price would be $100 - $5, or $95.
    2. The discount for an Order Size Offer 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.
    3. The discount for an Order Size Offer 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 Size Offer 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.
  7. Fees. eBay does not currently charge a fee for use of the ESM. For items sold as part of a cross-promotional offer, eBay will assess Final Value Fees (and, when requested by the seller, calculate any applicable sales taxes) based on the cost-weighted discounted price of each individual item in the order.
  8. Shipping. All items sold as part of a cross-promotional offer that provide the same shipping service will be grouped together as a single order. eBay may, in future, 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 Related Items Offers, eBay may, in its discretion, choose not to display related listings as part of a Related Items Offer when the related listings do not offer free shipping. For items sold as part of an Order Size Offer, the shipping costs of individual items will be aggregated.
  9. Return. 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 Buyer Protection Policy, 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 Size Offers 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.
  10. Availability. The ESM is available for use in creating cross-promotional offers on certain eBay sites only, such as 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, only Related Items Offers created with the ESM on eBay.com and consisting of items listed on eBay.com will be available to buyers on eBay.com. Also, only Order Size Offers created with the ESM on eBay.com and consisting of either (a) listings created on eBay.com or (b) listings created on other eBay sites but offering worldwide shipping to buyers on eBay.com will be available to buyers on eBay.com. Buyers must pay with PayPal in order to redeem cross-promotional offers.
  11. Placement and Display of Cross-Promotional Offers. 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 it so chooses, including the View Item page for any of your listings.
  12. Updates. eBay will have the right, but not the obligation, to change the features or functionality of the ESM at any time in its sole discretion, with or without prior notice.
  13. Termination. There is no requirement that you use the ESM, and you may cease using the ESM at any time. Without limiting other remedies, eBay may immediately terminate your use of the ESM if you violate any of these Terms, eBay's policies, or any applicable laws. In addition, eBay reserves the right, in its sole discretion, to suspend temporarily or to terminate permanently access to the ESM or to replace the functionality of the ESM, with or without notice. Such suspension or termination will not relieve you of your obligation to fulfill orders that have already been placed in response to cross-promotional offers or your obligation to pay any fees already incurred from the listing or sale of items listed using the ESM. The following sections of these Terms will survive any termination: "Use," "Fees," "Termination," "Disclaimers," "Limitation of Liability," "Indemnification," and "Miscellaneous."
  14. Disclaimers. THE ESM IS PROVIDED "AS IS", "AS AVAILABLE" AND WITH ALL FAULTS. YOU AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON THE ESM (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 ESM, 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 ESM.

    YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT EBAY SHALL NOT BE RESPONSIBLE FOR ANY DISRUPTIONS IN THE USE OF THE ESM OR ANY LOSS OR INJURY ASSOCIATED WITH ANY SUCH DISRUPTION.

    YOU ALSO UNDERSTAND, ACKNOWLEDGE AND AREE THAT THE NAME "EBAY SALES MAXIMIZER" DOES NOT IN ANY WAY GUARANTEE OR OTHERWISE WARRANT OR REPRESENT THAT YOUR USE OF THE ESM WILL ACTUALLY LEAD TO INCREASED OR MAXIMIZED SALES.
  15. 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 TERMS OR YOUR USE OF, MISUSE OF, OR RELIANCE ON THE ESM, THE RESULTS STEMMING FROM THE ESM, YOUR ELIGIBILITY OR INABILITY TO USE THE ESM, EBAY'S PLACEMENT OR DISPLAY OF CROSS-PROMOTIONAL OFFERS, THE AVAILABILITY OF THE ESM, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE ESM (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
  16. Indemnification. You agree to indemnify, defend, and hold harmless eBay, its subsidiaries, affiliates, officers, directors, shareholders, employees, and agents from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising directly or indirectly out of your use of the ESM or any violation of these Terms, eBay's policies, or any applicable laws.
  17. Miscellaneous.These Terms sets forth the entire agreement between you and eBay with respect to its subject matter and supersede all other understandings, writings, or agreements, contemporaneous and prior. eBay's failure to enforce any provision of these Terms will not be construed as a waiver of any provision or right. In the event that a portion of these Terms is held unenforceable, the remainder of the provisions will continue in full force and effect.