The following additional Global Postage Programme Buyer Terms and Conditions (“Terms”) apply to your purchase of items on eBay.co.uk through the Global Postage Programme (“Programme”):
Nature of the Programme. Your seller (“Seller”) has chosen to make certain items, which your Seller has listed on eBay.com, available for delivery to the United Kingdom (among other locations outside of the United States) through the Programme (“GSP Item(s)”), along with certain parcel processing, domestic and international shipping, and customs clearance services (collectively, the “Services”) that are being offered to you by a third party global technology and shipping provider, Pitney Bowes Inc. (“Pitney Bowes”). The pricing that is displayed to you at checkout is inclusive of all shipping and import charges associated with these Services, as described further below.
Description of the Services. By purchasing a GSP Item from your Seller, you will be entering into a binding contract with your Seller for the purchase of the GSP Item. You will also be entering into an agreement directly with Pitney Bowes on the terms set forth in these Terms for the provision of the following Services in connection with your order:
Parcel processing service. Your Seller shall, upon receipt of your cleared payment, ship the GSP Item to a parcel processing facility located in the United States (“U.S. Shipping Center”), which is managed by Pitney Bowes and operated by a third party logistics provider. Pitney Bowes will oversee the sorting and processing of the GSP Item at the U.S. Shipping Center in preparation for international shipment.
International shipping and tracking service. Pitney Bowes will arrange for the international shipment of your order from the U.S. Shipping Center by a third party shipping carrier (or carriers) to the delivery address designated by you. You and your Seller will be able to track the international shipment of your order from the United States to the designated delivery address within My eBay.
Customs service. Based on information provided by your Seller and obtained during the processing of your order, Pitney Bowes will manage the exportation and, through third party customs brokers, the importation clearance of GSP Items that you have purchased including, as applicable, remitting your payment of import charges to applicable customs and tax authorities, preparing required documentation, making necessary filings, and providing customs authorities with information needed to clear the shipment through customs.
Roles of the Parties.
Pitney Bowes. Headquartered at 1 Elmcroft Road, Stamford, CT 06926 and publicly traded on the New York Stock Exchange under the symbol PBI, Pitney Bowes is a global technology and shipping provider. The Services described above will be provided either by Pitney Bowes itself, its affiliates, or via third party logistics providers, shipping carriers, customs brokers, freight forwarders, and/or other subcontractors under contract with Pitney Bowes. Your relationship with Pitney Bowes is governed by these Terms.
Your Role as Importer of Record; Power of Attorney. You hereby agree that Pitney Bowes will designate you (or the recipient of the GSP Item that you purchase, if someone other than yourself) as the “Importer of Record” of the GSP Item or, at its discretion, will designate one of its service providers as the “Importer of Record” to facilitate the customs clearance of the GSP Item. You are responsible to: (A) ensure that your purchase and importation of the GSP Item complies with all laws and regulations of the country into which the GSP Item is being imported, (B) file a completed customs entry and related documents with the customs authorities of the country into which the GSP Item is being imported, and (C) pay the assessed import duties and other taxes due upon importation of the GSP Item. However, to the extent applicable, you hereby grant to Pitney Bowes (and, to the extent necessary, its third party service providers) a “Power of Attorney” authorizing Pitney Bowes and/or its service providers to act as your agent(s) to retain customs brokers and/or freight forwarders for the purpose of transacting customs business with all relevant customs and revenue authorities on your behalf, including, but not limited to, arranging for the importation of the GSP Item, assigning Harmonized System classification codes to each commodity, accounting for duties and taxes on your behalf, and managing any dispute with such authorities regarding customs classifications, applicable duties and/or taxes. In addition, you agree to authorize the customs brokers and/or freight forwarders selected by Pitney Bowes to make, endorse, sign, declare and/or swear to any customs, entry, withdrawal, declaration, certificate, bill of lading and/or any other documents required by law or regulation in connection with the importation and/or transportation of the GSP Item that is shipped or consigned to you or your designee for shipment out of the United States and into any other country. You acknowledge and agree that assigning Harmonized System classification codes requires expertise and that you will defer to the expertise of Pitney Bowes in performing this task and will not question the Harmonized System classification codes so assigned by Pitney Bowes.
Your Seller’s Role as Exporter of Record. Pitney Bowes will designate your Seller as the U.S. Principal Party in Interest (“Exporter of Record”) of the GSP Item that you purchase or, at its discretion, will designate itself or one of its service providers as the “Exporter of Record” in lieu of your Seller to facilitate the customs clearance of the GSP Item. To the extent applicable, your Seller has granted to Pitney Bowes (and, to the extent necessary, its third party service providers) a power of attorney authorizing Pitney Bowes and/or its service providers to act as your Seller’s agent(s) to retain customs brokers and/or freight forwarders for the purpose of transacting customs business with all relevant customs and revenue authorities on behalf of your Seller, including, but not limited to, making export classifications and managing any dispute with such authorities regarding customs classifications, applicable duties, and/or taxes, and performing any other act that may be required by law or regulation in connection with the exportation and/or transportation of GSP Items out of the United States and into any other country.
Relationship between eBay and Pitney Bowes. eBay Inc. and Pitney Bowes are independent contractors and have entered into an agreement with one another in order to make the above-described Services available to you in connection with your use of the eBay.co.uk website. However, neither eBay Inc. nor its subsidiaries (collectively, “eBay”) are providing any of the Services, and Pitney Bowes is neither owned by, nor affiliated with, eBay.
Optional Services. The Services being offered to you by Pitney Bowes under the Programme are entirely optional. However, to purchase GSP Items, you must agree to these Terms. If you do not agree with these Terms, then you cannot proceed with the purchase of GSP Items and may instead purchase an item from a Seller who is not participating in the Programme.
Your Use of the Programme. You will use the Programme in compliance with these Terms, eBay’s policies, and all applicable laws, including, but not limited to, the following requirements and limitations:
Applicability of eBay User Agreement. The Programme is designed to be used in conjunction with the eBay.co.uk website and is therefore subject to the eBay.co.uk User Agreement and policies (collectively, and as the same may be amended from time to time, “eBay’s policies”). These Terms apply to you in addition to the eBay.co.uk User Agreement. In relation to your purchase of a GSP Item through the Programme, where there is any conflict or inconsistency between these Terms and any other agreement or policy between you and eBay, these Terms will control as to all matters that are explicitly addressed in these Terms. For all matters not explicitly discussed in these Terms, eBay’s policies will control.
Item Eligibility. Not all listings appearing on eBay.co.uk are eligible for the Programme. Items that are being offered to you by your Seller through the Programme, and which appear to be eligible for the Programme based on their listing description, are so designated within the GSP Item listing. eBay reserves the right at any time, in its sole discretion, with or without notice to you, to alter or amend the eligibility requirements for items under the Programme, including, but not limited to, limits on the number, type, category, and/or value of items and/or transactions. Item eligibility requirements include, but are not limited to, the following:
Item Location. Only items physically located in the United States are eligible for the Programme.
Item Listing Site. Only items listed by Sellers on eBay.com are eligible for the Programme.
Ineligible Categories. Items listed by Sellers in the following eBay.com categories are ineligible for the Programme:
Business & Industrial (excluding certain items listed within the sub-category Office)
Coins & Paper Money (excluding Publications & Supplies)
eBay Motors (excluding certain Parts & Accessories)
Gift cards & Coupons
Pottery & Glass
Sports Memorabilia, Cards, & Fan Shop (excluding Fan Apparel & Souvenirs)
Wholesale & Bulk Lots
Collectibles > Knives, Swords & Blades
Collectibles > Paper
Collectibles > Tools, Hardware & Locks
Collectibles > Vanity, Perfume & Shaving
Collectibles > Vintage, Retro, Mid-Century
Health & Beauty > Dietary Supplements, Nutrition
Health & Beauty > Fragrances
Health & Beauty > Nail Care & Polish
Health & Beauty > Over-the-Counter Medicine
Health & Beauty > Skin Care
Jewelry & Watches > Fine Jewelry
Jewelry & Watches > Loose Diamonds & Gemstones
Travel > Vacation Packages
Ineligible Item Types. The following item types are ineligible for the Programme:
Narcotics (including controlled substances)
Currency (including bank notes, stocks, bonds, coupons, credit cards, unused travelers checks, securities, certificates, and other negotiable items)
Weapons (including knives)
Liquids, liquefiable substances, and powders
Batteries (with exception of those that are used in consumer electronics)
Alcohol (including samples)
Furs, fur clothing, and fur-trimmed clothing
Jewelry, gold or any other precious metals (whether manufactured or non-manufactured) that are subject to carrier and/or customs restrictions
Live, replica, or inert munitions
Cosmetics (including perfume)
Items that exceed maximum size and/or weight limits imposed by third party shipping carriers
Illegal and Hazardous Items. Items that are illegal or restricted for export from the United States, are illegal or restricted from import to the country specified in your designated address, and/or which fall within one or more of the United Nations hazard classes and/or as identified by the International Air Transport Association are ineligible for the Programme.
Items subject to Export Controls. Items that (A) relate to an Export Control Classification Number that is considered dual use, controlled, or otherwise restricted by the Export Administration Regulations Commerce Control List and require a license or (B) are subject to any U.S. export control regulations, as determined by Pitney Bowes and/or its service providers in their exclusive discretion, are ineligible for the Programme.
Oversized Items. Parcels which exceed the following maximum weight and/or dimensions are ineligible for the Programme:
Maximum Length = 66 inches
Maximum Dimensions = 118 inches (sum of length + 2x (width + height)
Maximum Weight = 66 lbs. (pounds)
Prohibited Items. Items that are otherwise prohibited on eBay’s website properties are ineligible for the Programme. You may review eBay’s prohibited items policies here.
Country Eligibility. The Programme is not available for shipments to all countries. The delivery address that you specify must be within a country eligible under the Programme. eBay reserves the right at any time, in its sole discretion, with or without notice to you, to expand or limit the countries eligible for the Programme. The countries currently eligible for the Programme are as follows:
Non-Commercial Use. Merchandise available through the Programme may not be purchased for commercial resale purposes. By purchasing GSP Items, you agree not to purchase any merchandise through the Programme for commercial resale purposes.
Compliance with Applicable Laws. You agree not to purchase or import any GSP Items through the Programme in violation of any applicable laws or regulations. Without limiting the foregoing, by purchasing a GSP Item, you are representing and warranting that your possession, use, and purchase of the GSP Item or that of your designee does not violate any laws of the country into which the GSP Item is being imported.
Available Remedies. Without limiting other remedies, included those described elsewhere within eBay’s policies, eBay may at any time, in its sole discretion, with or without notice to you, limit, prohibit, refuse, cancel, block, suspend and/or terminate your use of the Programme and/or the Services if you violate any of these Terms, eBay’s policies, or any applicable laws.
Programme Updates and Discontinuation. eBay has the right, but not the obligation, to alter, amend, replace, suspend temporarily, and/or discontinue permanently the Programme and/or any of the Services, features, and/or functionality offered to you under the Programme, at any time, in its sole discretion, with or without notice to you.
Payment and Programme Fees.
Description of Programme Fees. The following shipping and import charges (collectively, the “Programme Fees”) apply to your purchases of GSP Items:
“International priority shipping” (or “Shipping”): this amount is comprised of the following variable charges, as applicable:
U.S. shipping fee: the amount (if any) charged by your Seller to ship the GSP Item to the U.S. Shipping Center;
International shipping fee: a variable fee covering shipment of your order by the third party shipping carrier selected by Pitney Bowes from the U.S. Shipping Center to the delivery address designated by you, including applicable miscellaneous third party charges and fees;
Fuel surcharges: any and all fuel surcharges charged to Pitney Bowes by its service providers, to the extent not included within the international shipping fee;
Transaction fee: a variable fee covering selling, general, and administrative expenses, software development, operations, software licenses, hardware, and hosting by Pitney Bowes;
Parcel processing service fee: a variable fee covering services by the third party parcel processing service providers;
Distribution center management fee: a variable fee covering management by Pitney Bowes of the third party parcel processing service providers and related software systems;
Loss management fee: a variable fee covering the expenses to Pitney Bowes of insuring the risks to it of lost or damaged items;
Transportation risk premium fee and variances: a variable fee covering operational expenses associated with short-term loss recovery and the management of any variances between the quoted Shipping amount and actual costs; and,
Referral fee: a variable fee paid by Pitney Bowes to eBay Inc. for referring you to the Programme.
“Import charges”: this amount is comprised of the following variable charges, as applicable:
Commodity taxes: any and all sales, goods and services, and value added taxes or other amounts assessed or levied by any government authority in connection with the importation of goods into the applicable country of importation, including, but not limited to, duties, tariffs or excise taxes, but excluding income taxes, that are required to be paid in respect thereof upon importation to any governmental or regulatory authority in the country of importation, as well as third party brokerage fees (such as advancement and disbursement charges and any and all additional handling or filings fees due to third party customs brokers) and penalties (but excluding any customs duties, taxes, surcharges, fines, penalties, or other charges which may be imposed on you by customs or tax officials after a GSP Item has successfully cleared customs and been delivered to, or made available for pickup at, the delivery address specified by you);
Classification fee: a variable fee associated with the assignment of a Harmonized System (“HS”) classification code to each commodity. An HS classification code is a numerical code used as the basis for the calculation of applicable customs duties and is usually required by your local customs authorities for importation declaration. If the GSP Item that you purchase is not subject to Import charges, this fee will be included within the Shipping amount quoted to you;
Export compliance fee: a fee covering export compliance screening, verification that export licenses are not required, and the assignment of an Export Control Classification Number (ECCN). If the GSP Item that you purchase is not subject to Import charges, this fee will be included within the Shipping amount quoted to you; and,
Importation risk premium fee and variances: a variable fee covering operational expenses associated with short-term loss recovery and the management of any variances between the quoted Import charges and actual costs.
Payment Split. PayPal will split your payment of the Programme Fees between your Seller and Pitney Bowes in the following manner, as reflected within your Order Details page and in your PayPal account overview:
Payment to your Seller: PayPal will transmit to your Seller’s PayPal account that portion of your payment consisting of the GSP Item price and the amount (if any) charged by your Seller to ship the GSP Item to the U.S. Shipping Center.
Payment to Pitney Bowes: PayPal will transmit the balance of your payment to Pitney Bowes’s PayPal account (identifiable with the description “Pitney Bowes Inc.”).
Programme Fee Estimates. The Programme Fees quoted in your Seller’s listing are estimates only and are subject to change until you pay for a GSP Item and the quoted Programme Fees in full during checkout. With the exception of the U.S. shipping fee, which is specified by your Seller, the quoted Programme Fees are derived from real-time, proprietary estimates of applicable international shipping and import charges by Pitney Bowes. Pitney Bowes’s estimates may not always reflect actual costs to Pitney Bowes; actual shipping and/or import costs may be more or less than the estimates. However, subject to your compliance with these Terms, your payment of the GSP Item price and quoted Programme Fees during checkout represents the total amount of Shipping and Import charges for a GSP Item to be purchased, shipped to the delivery address specified by you, cleared by customs, and delivered to (or made available for pickup at) the delivery address that you specify. You will not request, and you will not receive, a refund for the difference, if any, between Programme Fees paid by you and actual costs to Pitney Bowes in the event that actual shipping and/or import costs are less than the amounts paid by you.
Remittance of Programme Fees to Third Parties. Upon receipt of your payment of the Programme Fees, Pitney Bowes shall be responsible for paying its service providers for fees owed to its service providers and for remitting Commodity taxes to governmental authorities, as applicable.
Payment Reversals. If eBay, Pitney Bowes, or Pitney Bowes’s service providers determine, after you have purchased a GSP Item, that the GSP Item is ineligible for the Programme (for whatever reason), eBay and its affiliates shall have the right to cancel your purchase in lieu of proceeding with the processing and/or shipment of the GSP Item and, upon exercising this right, shall reverse the PayPal payment that you made to your Seller and to Pitney Bowes for the GSP Item.
Currency Conversion. Unless stated otherwise, all Programme Fees are quoted in U.S. dollars.
Unpaid Items and Payment Failure. Your purchases of GSP Items under the Programme are subject to eBay’s unpaid item policy. eBay reserves the right to collect, using any collection methods at its disposal, any unpaid amounts that eBay pays to your Seller and/or Pitney Bowes because of your non-payment or failed payment.
Exclusions. You alone are responsible for any customs duties, taxes, surcharges, fines, penalties, or other charges which may be imposed on you by customs or tax officials after a GSP Item has successfully cleared customs and been delivered to (or made available for pickup at) the delivery address specified by you.
Lost, Damaged, or Undeliverable Items. If a GSP Item that you purchase is not delivered to the delivery address specified by you, it is damaged, or it does not match your Seller’s description, your purchase may be covered by an eBay Buyer Protection or PayPal Purchase Protection policy, as described below.
eBay Buyer Protection. Your purchases of GSP Items on eBay.co.uk are covered by eBay.co.uk’s eBay Buyer Protection policy if your purchases otherwise meet the policy’s eligibility requirements and conditions and do not fall within an exclusion or coverage limitation. eBay.co.uk’s eBay Buyer Protection policy may be different from the eBay Buyer Protection policy (if any) on your own eBay site of registration. If you are eligible for eBay Buyer Protection and eBay finds in your favor in a case stemming from your purchase of a GSP Item under the Programme, the applicable coverage amount will include the Programme Fees that you paid for the GSP Item.
PayPal Purchase Protection. Your purchases of GSP Items using your PayPal account are covered by the PayPal Purchase Protection policy applicable to your account if your purchases otherwise meet the policy’s eligibility requirements and conditions and do not fall within an exclusion or coverage limitation. The PayPal Purchase Protection policy applicable to your purchase can be found in the PayPal User Agreement that you agreed to when you registered your PayPal account and is governed by the applicable PayPal User Agreement’s terms. If you are eligible for PayPal Purchase Protection and PayPal finds in your favor on a claim stemming from your purchase of a GSP Item under the Programme, the applicable coverage amount will include the Programme Fees that you paid for the GSP Item.
Risk of Loss. Notwithstanding any of the foregoing, as between you and your Seller, the risk of loss or damage to a GSP Item shall remain with your Seller until the GSP Item is accepted at the U.S. Shipping Center. As between you and Pitney Bowes, risk of loss or damage to a GSP Item shall transfer to you from Pitney Bowes and/or its third party parcel processing service providers when the GSP Item leaves the U.S. Shipping Center. However, your purchase may be covered by the eBay Buyer Protection policy and the PayPal Purchase Protection policy.
Valid Delivery Address Required. The delivery address that you specify must be within a country eligible under the Programme and must be a valid and complete delivery address. eBay and Pitney Bowes shall have no liability and shall have, in their discretion and in any manner that they prefer, the right to dispose of or liquidate parcels (and their contents) that eBay or Pitney Bowes conclude are undeliverable following a reasonable number of unsuccessful delivery attempts by Pitney Bowes's third party shipping carriers to your designated delivery address, as determined by eBay or Pitney Bowes. If eBay or Pitney Bowes conclude that a parcel is undeliverable and elect to dispose of or liquidate a parcel, title to the parcel (and its contents) shall transfer automatically from your Seller to eBay, Pitney Bowes and/or any third party designated by either eBay or Pitney Bowes (as eBay and Pitney Bowes may elect), at no cost to either eBay or Pitney Bowes (or to any third party designated by eBay or Pitney Bowes), and eBay and Pitney Bowes (and any third party designated by eBay or Pitney Bowes) shall retain all proceeds (if any) received from the disposal or liquidation of the parcel and/or its contents). eBay shall not be responsible under either eBay Buyer Protection or PayPal Purchase Protection if eBay concludes that a GSP Item is not deliverable to your designated delivery address for any reason, including because the delivery address that you provide is incorrect, incomplete, or inaccessible. In addition, certain third party shipping carriers utilized under the Programme may require that the designated recipient of a GSP Item be present to receive delivery; where in-person delivery is required, you shall be solely responsible for ensuring that the designated recipient is available to receive delivery.
Transfer of Title. Title to a GSP Item remains with your Seller until such time as the GSP Item is successfully delivered to the designated recipient of the GSP Item, at which time title to the GSP Item shall transfer to the designated recipient. At no time do eBay (or its affiliates), Pitney Bowes (or its affiliates), or the third party logistics providers, shipping carriers, customs brokers, freight forwarders, or other subcontractors under contract with Pitney Bowes take title to GSP Items, except as otherwise provided herein.
Returns. The returns policy specified by your Seller in his/her listing of a GSP Item applies to your purchase of the GSP Item, with the exception of the Programme Fees that you pay to Pitney Bowes. For GSP Items that you return to your Seller pursuant to your Seller’s returns policy, you will not be eligible for, and you will not receive, a refund of any Programme Fees that you paid to Pitney Bowes.
Disclaimers. THE SERVICES ARE PROVIDED BY PITNEY BOWES, AN INDEPENDENT CONTRACTOR, AND ITS AFFILIATES AND THIRD PARTY SERVICE PROVIDERS. ACCORDINGLY, 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 THE SERVICES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, USEFULNESS, PERFORMANCE, ACCURACY, OR QUALITY OF THE SERVICES. IN ADDITION, EBAY AND PITNEY BOWES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ANY AND ALL EXPRESS, IMPLIED, AND STATUTORY REPRESENTATIONS, WARRANTIES, AND CONDITIONS RELATING IN ANY WAY TO THE PROGRAMME AND/OR ANY GSP ITEM THAT YOU PURCHASE THROUGH THE PROGRAMME, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, USEFULNESS, PERFORMANCE, ACCURACY, OR QUALITY OF THE PROGRAMME AND/OR ANY GSP ITEM THAT YOU PURCHASE THROUGH THE PROGRAMME. NEITHER EBAY NOR PITNEY BOWES SHALL BE RESPONSIBLE FOR ANY DISRUPTIONS OR DELAYS IN THE USE OF THE PROGRAMME AND/OR SERVICES OR ANY LOSS OR INJURY ASSOCIATED WITH ANY SUCH DISRUPTION OR DELAY. NEITHER EBAY NOR PITNEY BOWES SHALL BE RESPONSIBLE FOR THE ACCURACY OR COMPLETENESS OF ANY PROGRAMME FEES QUOTED BY PITNEY BOWES IN CONNECTION WITH THE PROGRAMME AND/OR SERVICES. EBAY SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE MISUSE OF PERSONAL INFORMATION THAT EBAY HAS DISCLOSED TO PITNEY BOWES SO THAT PITNEY BOWES MAY PROVIDE YOU WITH THE SERVICES THAT YOU ARE REQUESTING UNDER THE PROGRAMME.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, EBAY AND ITS SUBSIDIARIES, AFFILIATES, JOINT VENTURES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS, AND PITNEY BOWES AND ITS SUBSIDIARIES, AFFILIATES, JOINT VENTURES, 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, LOSS, OR INJURY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF, MISUSE OF, OR RELIANCE ON THE PROGRAMME, THE SERVICES, GSP ITEMS SOLD OR PURCHASED UNDER THE PROGRAMME, THE PROGRAMME FEES QUOTED BY PITNEY BOWES, YOUR INABILITY TO USE THE PROGRAMME AND/OR SERVICES, THE AVAILABILITY OF THE PROGRAMME AND/OR SERVICES, AND/OR THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PROGRAMME AND/OR SERVICES, INCLUDING 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. REGARDLESS OF THE PREVIOUS SENTENCE, IF EBAY, PITNEY BOWES, OR ANY SUBSIDIARY, AFFILIATE, JOINT VENTURE, OFFICER, DIRECTOR, SHAREHOLDER, EMPLOYEE, OR AGENT OF EBAY OR PITNEY BOWES IS FOUND TO BE LIABLE, THE LIABILITY TO YOU OR TO ANY THIRD PARTY IS LMITED TO THE GREATER OF (A) ANY AMOUNTS DUE UNDER THE APPLICABLE EBAY BUYER PROTECTION POLICY UP TO THE FULL PRICE OF THE GSP ITEM (INCLUDING SHIPPING AND IMPORT CHARGES THAT YOU PAID DURING CHECKOUT) OR (B) $100. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE EBAY OR PITNEY BOWES’S LIABILITY (RESPECTIVELY) FOR ITS OWN FRAUDULENT MISREPRESENTATION, FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS OWN NEGLIGENCE, OR FOR ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW.
Indemnification. You agree to indemnify, defend, release, and hold harmless eBay, Pitney Bowes and the subsidiaries, affiliates, joint ventures, officers, directors, shareholders, employees, and agents of each of eBay and Pitney Bowes from and against all losses, liabilities, damages, claims, penalties, fines or other costs, including reasonable attorneys’ fees, made by any third party relating, due to, or arising directly or indirectly out of your use of the Programme, the Services, the exportation or importation of any GSP Items through the Programme, or any violation of these Terms, eBay’s policies, any law or regulation, or the rights of any third party.
No Agency. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship between you and eBay (or between you and Pitney Bowes, except to the limited extent and as described in Section 1(b)(ii)) are intended or created by these Terms.
Miscellaneous. Except as otherwise provided herein, these Terms sets forth the entire agreement between you and eBay and between you and Pitney Bowes with respect to its subject matter. eBay’s failure or Pitney Bowes’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 invalid, illegal, or unenforceable, the remainder of the provisions will continue in full force and effect.
Term. These Terms, as may be amended from time to time, will remain in effect for a period of sixty (60) days following the delivery of the GSP Item to the delivery address designated by you.
Effect of Termination. The following sections of these Terms will survive any termination: “Your Role as Importer of Record; Power of Attorney,” “Data Privacy,” “Your Use of the Programme,” “Payment and Programme Fees,” “Lost, Damaged, or Undeliverable Items,” “Disclaimers,” “Limitation of Liability,” “Indemnification,” “No Agency,” “Miscellaneous,” and “Term.”
Amendment. eBay may amend these Terms, including applicable fees, at any time by posting the amended terms on the eBay.co.uk site. Except as stated elsewhere, all amended terms shall take effect immediately and automatically when posted on the eBay.co.uk site.