This Part I applies to all Payment Services you receive from the eBay Payment Entities (also collectively referred to as "we" or "us" in this Part).
1. About Payments on the eBay Services
You agree that we can receive and process payments for you in connection with your use of the eBay Services. We manage the settlement and payouts of your funds to you (“Managed Payments” or “Payment Services”).
Buyers can use the following payment methods (availability may vary):
- Certain credit and debit cards (including Visa, Mastercard, and Discover)
- PayPal and Venmo (Venmo for buyers located in the US only)
- Digital wallets like Google Pay and Apple Pay
- Direct debit
- "Buy Now, Pay Later" and installment options
- eBay-issued coupons or gift cards (if eligible)
- Funds available on a seller account if enabled for item purchases on eBay (see eBay’s US Spendable Funds Terms and Conditions)
We may change available payment methods at our discretion.
The contract for each "item" (which may refer to goods and/or services) sold is between you and the buyer directly.
Once a buyer completes payment, we’ll notify you. When you receive notice that a buyer paid, you must ship or deliver the item using the agreed shipping method. We will initiate the
settlement of the proceeds to your Linked Financial Account (see Section 2 below). You can view payment and settlement details in the Seller Hub under the Payments tab. If you receive funds in error or aren’t entitled to them, we
may recover those amounts from you.
In some listings or categories, eBay may allow you to offer buyers the option to pay you directly using offline methods (like cash on pickup). These offline payment methods are not payment services offered by us under these Payments Terms of Use, as we do not process these
payments. They are not covered by eBay Money Back Guarantee (eMBG) programs and we do not help resolve payment disputes (e.g., chargebacks) for these methods. Make sure all your listings still follow
eBay's payment policies and any applicable terms related to payments and disbursements for those listings.
2. Seller Onboarding
To use our Payment Services, you must register and accept these Payments Terms of Use.
If you reside in, or your business is established in, the EEA, the United Kingdom, or Switzerland, submitting your online registration is considered your offer to enter into this agreement. If we don’t confirm your onboarding immediately, we’ll notify you once
we’ve completed our review and approved you.
To use Managed Payments, you must:
-
Link a Financial Account
You must link a financial account (“Linked Financial Account”) to receive payouts. The name on your Linked Financial Account must match the name on your eBay account. Requirements vary depending on where you reside/your business is established:
- US, Canada, UK, or Australia: A bank account based in your country of residence or establishment, or other approved instrument (e.g., debit card)
- EEA (excluding Iceland): A bank account based in any EEA country (except Iceland)
- Switzerland or Liechtenstein: A bank account based in Switzerland or Liechtenstein
- Additional Countries: We may require a specific third-party financial institution, or offer the option to use a local bank account.
If we cannot debit your Linked Financial Account for Owed Amounts (as defined in Section 8), you must keep another valid payment method on file with us, and we may withhold payouts until you have successfully provided it.
You may only receive payouts to your Linked Financial Account. You may change your Linked Financial Account at any time, subject to our approval.
Payouts will be made to your Linked Financial Account once you have completed the Linked Financial Account verification process and we’ve finished checks for security, risk, anti-money laundering, and other legal assessments. Collecting and checking this information helps
fight the funding of terrorism and money laundering activities. The assessment typically takes up to two (2) business days after your completion of the verification process, or longer if any issues or irregularities arise in which case we will complete our assessment without
undue delay.
If we offer you the option to receive payouts to more than one Linked Financial Account, we’ll allocate your payouts as instructed.
By linking an account, you represent and warrant that you legally own and have the legal right to use it.
In certain circumstances, we may permit you to direct payouts to a Linked Financial Account owned or controlled by your legal representative. If you use a legal representative’s account, you confirm they’re authorized to receive payouts for you and you fully release
us from any and all liability for losses you may sustain from disbursements made by us to your legal representative under these Payments Terms of Use.
-
Provide Required Information
You must give us all information we request to:
- Verify your identity
- Comply with laws (e.g., anti-money laundering, sanctions)
- Manage payouts
- Assess fraud and risk
If you are an individual, this information may include, but is not limited to, your full name, address, phone number, date of birth, taxpayer identification number, bank account information, and a form of government-issued identification (such as your driver’s license or
your identity card).
If you are a business, this information may include, without limitation, your full business name, residential or business 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, legal representative, and/or primary contact, such as name, contact information, nationality, title, and government-issued identification (such as driver’s license or identity card). We cannot issue
payouts or tax forms (like IRS Form 1099-K) without accurate, complete, and up-to-date information.
-
Confirm Your Identity
You must provide any and all additional information we need to verify your identity or payment requests (e.g., confirm a phone number or email). You understand that without this, we may be unable to complete certain transactions.
-
Keep Your Information Updated
You must keep your information accurate and current. We may update records based on data from you, your bank, or payment providers.
You may only use payment methods you’re authorized to use. Changing key details, such as your country of residence, may require repeating some or all of the onboarding steps.
-
Follow Applicable Laws and Policies
You must comply with all laws, rules, and third-party terms (e.g., card-issuer rules). Third parties (e.g., banks or card networks) may have terms that apply to your transactions. These could include terms and conditions related to the settlement of funds, chargebacks,
prohibited items, and overdrafts. Breaches may result in fees, delays, or other actions. We are not responsible for those third-party terms or consequences. Failure to abide by third-party terms and conditions may result in fees charged to you, delays in your receipt of funds,
or other actions. You agree that we have no control over, responsibility for, or liability for such fees, delays, or actions.
-
Allow Verification
You authorize us and our Affiliates to verify and evaluate the information you provide. This may include:
- Confirming your bank account and identity
- Obtaining third-party reports (e.g., credit bureaus)
- Cross-checking with other data sources
Third parties may include without limitation banks, credit and consumer reporting agencies, data brokers, and service providers.
If we cannot verify your information, we reserve the right to close, suspend, or limit your account, rescind your access to any or all of our services, and limit access to your funds. We are not responsible for losses you suffer due to missing or inaccurate data you provide.
4. International Sales
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 responsible for managing payments on specific eBay sites. The site you list your item
on determines which entity is the “Responsible Payment Entity” and processes the transaction. For example, eBay Commerce Australia Pty Ltd (eCA) will be the Responsible Payment Entity for the sale of your item listed on ebay.com.au.
The entity that disburses your proceeds is your “Payout Entity”. This is usually the eBay Payment Entity assigned to the country where you reside or are established as a business. Unless agreed otherwise, your Payout Entity handles all your
disbursements.
- If the Responsible Payment Entity is also your Payout Entity, that same entity processes the payment and disburses your funds. Example: If you’re based in Canada and sell on ebay.ca, eBay Commerce Canada Ltd (eCCA) handles both.
-
If the Responsible Payment Entity is different from your Payout Entity, the Responsible Payment Entity will first transfer the funds to your Payout Entity. Your Payout Entity will then disburse the funds to you. Example: If your Payout Entity is eBay Commerce Inc. (eCI) and you
sell on ebay.de, eBay S.à r.l. (eBay Sarl) will process the transaction, then send the funds to eCI, which will pay you.
If more than 12 months have passed since you last sold an item on an eBay site, you’re no longer considered to be receiving services from the Responsible Payment Entity for that site.
The following table summarizes which eBay Payment Entity is responsible for which sites, and who they disburse to:
| eBay Payment Entity |
Responsible Payment Entity for Sales of Items Listed on |
Payout Entity for Sellers Residing or Established in |
Additional Payments Terms |
| eCI |
ebay.com |
the United States (all references herein to the "United States" shall include its territories) and all other countries (together, the "Additional Countries") that are not included among the countries associated with an eBay Payment Entity below |
II. ADDITIONAL PAYMENTS TERMS FOR SERVICES PROVIDED BY eBay Commerce Inc.
|
| eBay Sarl |
All European Economic Area (“EEA”) 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.) and ebay.ch |
EEA countries (except Iceland) or Switzerland |
III. ADDITIONAL PAYMENTS TERMS FOR SERVICES PROVIDED BY eBay S.À R.L.
|
| ECCA |
ebay.ca
cafr.ebay.ca
|
Canada |
IV. ADDITIONAL PAYMENTS TERMS FOR SERVICES PROVIDED BY eBay Commerce Canada Ltd.
|
| ECA |
ebay.com.au |
Australia |
V. ADDITIONAL PAYMENTS TERMS FOR SERVICES PROVIDED BY eBay Commerce Australia Pty Ltd.
|
| ECUK |
ebay.co.uk |
the United Kingdom, Jersey, Guernsey, Gibraltar (references made herein to the "United Kingdom" are deemed to also include Jersey, Guernsey or Gibraltar for the purposes of these Payments Terms of Use) |
VI. ADDITIONAL PAYMENTS TERMS FOR SERVICES PROVIDED BY eBay Commerce UK Ltd.
|
If you reside outside the EEA (except Iceland), the United Kingdom, and Switzerland, the performance of any Payment Services provided to you by eBay Sarl and/or ECUK is deemed suspended until an item you listed on a EEA, UK, or Swiss eBay site is sold.
To the extent that Payment Services involve eCI (including in partnership with other eBay Payment Entities), you hereby appoint eCI as your limited payments agent to receive payments on your behalf and disburse your funds to you, directly or indirectly.
Payout Currency
Your “Payout Currency” is the currency that we will use for settling your transaction proceeds to your Linked Financial Account. We will generally determine your Payout Currency as follows, unless you and we agree otherwise:
- US: US Dollar (USD)
- EEA (except Iceland): Euro (EUR)
- UK, Switzerland, Liechtenstein, or Australia: Local currency
- Canada: Canadian Dollar (CAD) or US Dollar (USD) if available
- Additional Countries: US Dollar (USD), or another if we offer and you choose
Note: If you’re in an Additional Country, your bank might charge a separate fee to convert funds from USD into your local currency.
We may enable further Payout Currencies at our sole discretion in the future. 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”) above. Similarly, your receipt
of eBay Services from Affiliates may cause you to incur fees which are published in a currency other than your Payout Currency; if this happens, we may convert such fees into your Payout Currency in the same manner as described in the prior sentence.
5. Using Managed Payments
Settlement of Funds and Payouts
After each Managed Payments transaction, we’ll notify you of the payment.
Unless subject to a hold under these Payments Terms of Use, your transaction proceeds will generally be available for disbursement within one to two business days after buyer payment is confirmed in checkout, although actual availability may vary depending on the buyer’s
payment method and when the payment is received by us. In some cases (for example, if you are a new seller on eBay, or if you are a private seller in the UK), funds may become available for disbursement after the item is deemed delivered, as described in this
help page.
Once available, your funds will be grouped in a batch for payout to your Linked Financial Account, either automatically, based on your selected payout schedule (if such scheduled payouts are made available to you), or on-demand, following your individual payout request. If
scheduled payouts aren’t available for your account, we may periodically transfer available funds to your Linked Financial Account.
We may deviate from the agreed settlement and payout process as needed for compliance or risk-related reasons, unforeseen operational or technical reasons, or events outside our control. If we are unable to settle or disburse your funds, we may refund the buyer or otherwise
process these funds as required by applicable law (such as abandoned property laws).
Funds we receive on your behalf do not constitute deposits. If received by eCI, eCA, or eCCA, they represent an unsecured claim for payment against us. We may combine your funds with those of other customers and invest them according to applicable laws. You do not have any
ownership interest in these investments and any interest earned from these investments will be retained by us. To the extent you may have any beneficial ownership in the interest or proceeds of these investments, you assign any right, title, and/or interest therein to us.
Payouts are typically credited to your Linked Financial Account within one to three business days after disbursement is initiated, but timing may vary depending on your region and your bank’s processing times.
We will provide you with monthly transaction statements at no cost, accessible via Seller Hub.
Returns and Cancellations; Refunds
If your buyer is entitled to a refund for a return or cancellation for a Managed Payments transaction—either under your agreement with the buyer or under eBay`s
policies—you authorize us to issue the refund to the buyer on your behalf.
eBay Money Back Guarantee Programs
eBay offers buyers protection programs on certain eBay Services to ensure that buyers receive the item they ordered or get their money back (“eBay Money Back Guarantee” in most jurisdictions and “eBay Buyer Protection Program” in Germany, collectively
referred to as “eMBG”).
You understand if your buyer successfully files a claim under eMBG for a Managed Payments transaction, the eBay company offering the eMBG program (“eMBG Service Provider”) will, pursuant to the
User Agreement and eMBG policy, reimburse the buyer the
amount owed on your behalf and charge you the respective amount.
Disputes
A buyer—or the owner of the payment instrument used—may start a payment dispute (called a “Dispute” within this Part I) related to a Managed Payments transaction. This can include, for example, a chargeback, direct-debit reversal, or a
PayPal buyer protection claim. The buyer’s financial institution will make the final decision on the Dispute.
We will notify you when a Dispute is opened and ask whether you want to accept or contest it:
- If you accept, you agree the buyer will receive a refund.
- If you challenge it, we will submit any supporting evidence you provide to the buyer’s financial institution.
You must provide any requested information within our specified timeline. If you don’t, you risk losing the full amount in Dispute, as determined by card network and payment service provider rules.
If you accept the Dispute, or if the financial institution rules in favor of the buyer, the amount will be refunded to the buyer and charged to us. You must reimburse us unless you qualify for
eBay’s Seller Protection policy for payment disputes, in which case you're not responsible for the refund.
Even if you accept the Dispute, we may still challenge it at our discretion and at no cost to you.
Some payment providers offer arbitration to appeal a Dispute outcome. We may ask for your consent to enter arbitration on your behalf. If you agree to arbitration, you authorize us to handle the process for you. You will cover any costs or legal fees, as agreed between you and us
in each case in advance. We may pay these first and recover the amount from you later.
You agree not to reopen or challenge the outcome of any Dispute we have already resolved. If you're a consumer in the EU, UK, or Australia—or an Australian Small Business as defined in the Australian Competition and Consumer Act 2010 (Cth)—your rights to file a
complaint or pursue legal action in court remain unaffected.
Seller Protection
If you qualify under the Seller Protection policy offered by the eBay Affiliate providing you with eBay Services, and you meet all of its conditions, you will not be held liable for:
- Refunds related to eBay Money Back Guarantee (eMBG) claims
- Disputes (e.g., chargebacks or reversals)
- Unauthorized transactions involving the use of funds on eBay to pay
To be protected, you must:
- Meet all eligibility requirements outlined in the Seller Protection policy
- Fulfill your seller obligations under that policy
For details, refer to the applicable Seller Protection policy provided by the eBay Affiliate offering the eBay Services in your region.
Fines, Penalties and Losses
We are unable to manage payments for prohibited and restricted items. For example, you may not use our Payment Services for gambling-related activity. Before listing an
item, ensure it complies with eBay’s rules, applicable laws, and any restrictions set by credit card networks or third-party payment providers.
You agree to indemnify and reimburse us for any reversals, chargebacks, claims, costs, losses, damages, fees, fines, penalties, and other liabilities and expenses we incur due to:
- Your breach of these Payments Terms of Use, the User Agreement, including eBay policies,
- Your violation of laws or third-party rights, or
- Any transaction processed by us for you for an item or service you listed on eBay (including without limitation the accuracy of your item description or any claim or dispute arising out of items or services offered or sold by you).
Holds
We reserve the right to restrict your access to funds when necessary to manage risks related to providing you the Payment Services.
You agree that we may place holds on your funds—or instruct a payment service provider to do so—before disbursement, including in stored value or payment accounts.
We’ll display the hold amount and status in the Payments tab of Seller Hub or My eBay, and notify you through the eBay Message Center and/or email. We may ask for more information to resolve the issue.
If you're a consumer in Germany, eBay Sarl will apply holds to your funds as described in Part III, Section 6. For all other sellers, we apply holds as described below.
We may place a hold if we detect increased risk—such as identity verification issues or buyer disputes. Learn more about hold types and examples.
We take into consideration relevant factors when assessing the risks including your selling history, seller performance, seller type, returns and cancellations, chargebacks, eMBG claims, riskiness of listing category, transaction value, and our ability to collect Owed Amounts
from you.
We may cancel or freeze payouts as necessary to comply with our legal obligations in connection with fraud prevention, risk management, or regulatory compliance, or, upon lawful request by our Affiliates, to enable them to comply with legal obligations applicable to them (such as
compliance with tax-related obligations from EU DAC7 legislation).
We will release holds once the associated risk is reduced or resolved.
If your payout entity is eCI, eCA, or eCCA, we may keep a portion of your funds after account closure to cover refunds or Disputes. We’ll return unused amounts to your Linked Financial Account within 190 days of your eBay account closure, unless the law requires otherwise.
Delays from your bank’s settlement procedures are outside our control.
Reserves
To help manage risk and secure your obligations under these Payments Terms of Use, we may require a reserve on your funds. This means that a portion of your transaction proceeds will be temporarily held and not available for payout.
There are two types of reserves:
-
A rolling reserve withholds a set percentage of your daily proceeds for a fixed period to be released to you later at a scheduled time on a rolling basis. For example, we may require a rolling reserve of 10% for a period of 60 days. Under this requirement, 10% of your
transaction proceeds earned on day 1 will be withheld from your payouts and then be released to you on day 61. Subsequently, 10% of your transaction proceeds earned on day 2 will be withheld and then released to you on day 62, and so forth. Rolling reserves are the most common
type of reserve.
- A minimum reserve holds a fixed amount (e.g., £5,000), either by gradually collecting a portion of your proceeds or deducting the full amount from pending payouts.
We may require a reserve if we have reason to believe that there is an increased risk of non-fulfillment of your obligations under these Payments Terms of Use. We take into consideration relevant risk factors before requiring a reserve, including, as applicable (i) your eBay
account history, (ii) whether the category you are listing in has a higher likelihood of chargebacks or refunds, (iii) whether your eBay account has an elevated number of customer claims or disputes, (iv) your business and/or personal credit history (business sellers may be
subject to credit agency checks if permitted by applicable law), (v) whether you are selling products in advance of availability (pre-selling orders), and (vi) whether you have extended delivery time frames.
Reserves can be raised, lowered, or removed based on your account performance and the risk associated with your use of Managed Payments. The amount of each reserve (and any subsequent change) will be reasonably determined based on the seller-specific risk (including the volume of
your sales). The amount and status of any reserve will be shown in the Payments tab in Seller Hub or My eBay, and we’ll notify you if a reserve is applied.
If eCA is your Payout Entity, additional rules may apply under the Seller Reserve Terms and Conditions, which you agree to by accepting these Payments Terms of Use.
Our Liability
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.
Signature
When required by anti-money laundering or other legal rules, your acceptance of these Payments Terms of Use may serve as your legal signature, unless prohibited by law.
6. Security; Third-Party Providers; Data Protection
Security
You agree to follow our security measures for using Managed Payments. You're responsible for keeping your eBay login credentials (passwords, codes, etc.) safe. Unless protected by our seller protection policies, you’re also responsible for any transactions made or actions
taken using your account.
If you notice an unauthorized, delayed, or incorrect payment, you must notify us right away using the contact information in the Introduction Section. If you notify us by telephone of such a transaction, we may request written confirmation immediately following the notification.
The notification shall be free of charge.
Third-Party Providers
We may use eBay Affiliates or third-party service providers (together “Service Providers”), such as those that process payments, verify identity, or assess risk, in various locations to help
us provide Managed Payments. These Service Providers may also subcontract tasks to other eBay Affiliates or third parties. In this context we may transfer your data to such Service Providers.
We may also contact you through the eBay Affiliate that provides your eBay Services. For example, that Affiliate may notify you about account holds or restrictions.
You explicitly agree that we may outsource services (including sub-outsourcing) to Service Providers, and you accept that the obligation of secrecy does not exist with respect to the related transfer of data (e.g. contact details, account information, sales related information)
to such Service Providers.
These providers are either subject by law to a professional secrecy obligation, as provided by the law applicable to the Service Provider, or will be contractually bound to comply with strict confidentiality rules. Only a limited number of persons within the relevant Service
Provider will be able to view your data on a need to know basis.
Regardless of who assists us with Managed Payments, the appropriate eBay Payment Entity remains accountable to you for the performance of the services under these Payments Terms of Use.
In conformity with our User Privacy Notice, we may also share information collected by us pursuant to these Payments Terms of Use with our Affiliates as necessary
to enable your continued use of our Payment Services and the eBay Services. Please view our User Privacy Notice for more information on the collection and processing of personal data, including details on processing purposes and legal bases under applicable data protection laws.
Data Protection
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 applicable
data protection laws. You agree to comply with your obligations as a data controller/business pursuant to all applicable data protection laws to which you are subject, and provide us with all reasonable cooperation, information, and assistance as necessary for us to meet our
requirements as a data controller/business.
7. Specific Payment Methods
7.1 Specific Payment Methods
On certain eBay sites in the EU and UK, buyers may be able to choose specific payment methods, including but not limited to direct debit, payment by invoice, or installment payments ("Specific Payment Methods"), to pay for items purchased from you, and which require you to assign
your purchase claim against the buyer to us. The Specific Payment Methods are offered to buyers by our integrated payment partners ("Payment Partners"). See here for a list of the
Specific Payment methods offered on the respective eBay websites and the respective Partner Terms.
If your buyer chooses a Specific Payment Method in connection with a purchase on eBay ("Sales Contract"), the Responsible Payment Entity processing the transaction (see Part I, Section 4/International Sales) will acquire your purchase price claim against
the buyer, including all ancillary rights, and will sell and assign the claim to its acquirer ("Acquirer"), e.g., Adyen N.V. The Acquirer will sell and assign the purchased claim to the respective Payment Partner, who will assume the payment default risk in accordance with the
following provisions. This arrangement is referred to as "Chain Assignment". Buyers using a Specific Payment Method will make their payments to the Payment Partner, who will forward the payments to the Responsible Payment Entity via the Acquirer, so that the Responsible Payment
Entity can process and settle such payments to you according to these Payments Terms of Use.
You shall conclude with your buyer the Payment Partners' terms and conditions for the use of the Specific Payment Method, including any applicable privacy notice ("Partner Terms"). You
hereby agree and accept that the respective Partner Terms shall become an integral part of each Sales Contract where the buyer uses a Specific Payment Method. You instruct eBay and the Payment Partners to implement the Partner Terms into the eBay checkout and make the Partner
Terms available to the buyer on your behalf.
The Payment Partners and the Acquirer will not be a party to and not have any obligation under these Payments Terms of Use or any other agreement between you and the Responsible Payment Entity, eBay, the buyer, or any third party.
7.2 Purchase and Assignment of Seller Receivables
You agree that each receivable against your respective buyer in connection with a Sales Contract where your buyer has chosen a Specific Payment Method (jointly the "Seller Receivables" and each a "Seller Receivable") will automatically be offered to the Responsible Payment Entity
for purchase after conclusion of each Sales Contract. The Responsible Payment Entity will either accept your offer by proceeding with the payment process or reject your offer. Such offer and acceptance will conclude a purchase agreement between you and the Responsible Payment
Entity ("Single Purchase Agreement") regarding the relevant Seller Receivable which is purchased (the "Purchased Receivable") in accordance with this Section 7.
You hereby assign, subject to the conclusion of a Single Purchase Agreement, all your current and future Seller Receivables including ancillary rights (such as rights for any securities, transport and deficiency insurance claims, withdrawal or rescission rights, or other claims
against third parties with respect to the relevant Seller Receivable) to the Responsible Payment Entity, which hereby accepts the assignment. Upon conclusion of a Single Purchase Agreement, you and the Responsible Payment Entity reiterate the assignment of the relevant receivable
identified through the transaction-ID in the purchase offer whereby the purchase offer constitutes an offer to assign the relevant receivable from you to the Responsible Payment Entity and the acceptance of purchase offer constitutes an acceptance of this offer by the Responsible
Payment Entity.
In case there is any doubt about the validity of the assignment of the Seller Receivables and this requires any further declaration or action by you, you will execute such declaration or action upon request of the Responsible Payment Entity.
You irrevocably authorize the Responsible Payment Entity 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 in
its own name.
7.3 Collection Risk/Collection
Except in a case of a Defect Receivable pursuant to Section 7.5, the Responsible Payment Entity 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. The Responsible
Payment Entity will pay the purchase price (minus the agreed fees and expenses) for the relevant Purchased Receivable regardless of whether it chooses to enforce the relevant Purchased Receivable.
The collection and enforcement of the Purchased Receivables is the responsibility of the Responsible Payment Entity which shall bear any and all costs in this regard. The Responsible Payment Entity will transfer the economic risks of the obligations described in the sections
above to the Acquirer and consequently to the Payment Partners in accordance with the Chain Assignment.
7.4 Representations and Warranties
Every time upon entering into a Single Purchase Agreement concerning a Purchased Receivable, you represent and warrant to the Responsible Payment Entity that
- the Purchased Receivable is valid, validly assigned to the Responsible Payment Entity, and enforceable against the buyer;
- you hold free and clear title to, and may freely assign and transfer, the Purchased Receivable, and the Purchased Receivable has not yet been assigned or transferred to third parties; and
-
you will ship, deliver, or provide the respective item(s) to the relevant buyer completely, on time and in accordance with the Sales 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, reduction, recession right or damage claims.
Your representations and warranties with respect to a Single Purchase Agreement will be provided by the Responsible Payment Entity to the Acquirer (and by the Acquirer to the Payment Partners) back-to-back in accordance with the Chain Assignment arrangement.
7.5 Assignment of Purchased Receivables back to You/Disputes
If the relevant Purchased Receivable fulfills one of the following criteria (the "Defect Receivable"):
- the buyer reverses the Sales Contract on the basis of a mandatory withdrawal right or a voluntary right of return offered by you;
-
in case of an eMBG claim or a payment dispute; for example, if the buyer objects to a Purchased Receivable, if, upon request, you do not provide valid proof of shipment or delivery or other proper performance to the Responsible Payment Entity in accordance with the Seller
Protection Policy;
- you are in breach of a representation and warranty pursuant to Section 7.4 in respect of the Purchased Receivable;
or in any other case where you give a refund to a buyer for any Purchased Receivable ("Refunded Receivable"), and the Acquirer consequently decides to use its right to assign back the relevant Defect/Refunded Receivable to the Responsible Payment Entity, the Responsible Payment
Entity is entitled to assign back any Defect/Refunded Receivable to you.
The Responsible Payment Entity hereby assigns all current and future Defect/Refunded Receivables to you subject to the condition precedent that we notify you of the refund to the buyer in relation to a Defect or Refund Receivable (the "Reassignment Notice"), and you hereby accept
the assignment of all current and future Defect/Refunded Receivables. You are obliged to pay back any purchase price which you have received from the Responsible Payment Entity for the Defect/Refunded Receivable without undue delay after the relevant Re-Assignment Notice was
provided. The Responsible Payment Entity is entitled to set off this claim against you with any further payment it is obliged to pay to you.
7.6 Information and Assistance Obligations/General Provisions
You shall undertake to inform the Responsible Payment Entity promptly upon becoming aware of (i) any breach of a representation and warranty according to Section 7.4 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.
In case you receive any direct payments from a buyer on the Purchased Receivable, you shall reject these received payments and refund the buyer, and notify the payer that payment shall be made to the respective Payment Partner. You shall notify the Responsible Payment Entity of
any rejected payments on the Purchased Receivables.
Upon our request, you shall promptly hand over to the Responsible Payment Entity, the Acquirer, and/or the Payment Partners any information, records and documents which are necessary or expedient for the examination and the enforcement of the Purchased Receivables.
8. Collection of Fees and Other Amounts You Owe
You authorize us to collect from you any amounts you owe us, our Affiliates (in particular the Affiliate which provides the eBay Services to you), or third parties who, as separately authorized by you, provide services to you in connection with your use of the eBay Services (such
as shipping carriers), under these Payments Terms of Use, the User Agreement, any other service contract, policy, agreement or as required by law (referred to as “Owed Amounts”). Owed Amounts typically include the following:
- Fees;
- Amounts as described in “Returns and Cancellations; Refunds”, “Disputes” or “Fines, Penalties and Losses” in Section 5 above;
- Amounts you owe the eMBG Service Provider under the applicable eMBG Policy;
- Taxes or other charges related to your use of our or our Affiliates’ services, if applicable and required by law;
- Amounts we incorrectly settled to you due to a payment processing error or otherwise (see Section 1 above); and
- Amounts necessary to recover a negative balance on your account regardless of the reason for the negative balance.
For clarity, your authorization permits us to collect amounts which you already owe to us, our Affiliates or third parties as described above. This authorization does not establish any new claims for payment against you. In some cases, our Affiliates may assign a claim against you
for payment of Owed Amounts payable by you to us.
Collection of the Owed Amounts may be carried out on a one-time, sporadic, or recurring basis by the following means:
- Deducting from your current or future amounts pending settlement to you as reflected in any of your eBay accounts;
- Charging your Linked Financial Account (and if required, by issuing a direct debit mandate or other similar authorization);
- Charging any other payment method you’ve authorized or stored with us or our Affiliates (e.g., for seller fees, shipping, or disputes);
- Deducting from your stored value account (if such an account has been issued to you);
- Using a collections agency or other collection methods if the collection by other means has been unsuccessful.
You authorize us to choose the method of collection among those listed above. We generally deduct Owed Amounts from your current or future disbursements we process on your behalf. If a stored value account has been issued to you, we will collect payment from those funds first
before disbursing the funds to you. If your disbursements awaiting payout or funds held are not sufficient to cover these amounts, we will charge your Linked Financial Account or another payment method on file. If you have several payment instruments on file, you may indicate a
specific payment instrument as your preferred payment method for collecting Owed Amounts in your eBay account.
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.
If you provide us with a SEPA/BECS direct debit mandate for debiting Owed Amounts from your bank account, any required advance notice will be given to you at least three days prior to charging your bank account. At any point prior to you explicitly cancelling a SEPA/BECS direct
debit mandate we have obtained from you, we may deduct Owed Amounts based on such mandate. Unless you are a consumer in the EU or UK, you waive, to the extent possible under applicable law, any rights you may have to receive advance notice of any particular preauthorized charge.
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 IV and V below.
If you are a private seller residing in Switzerland, § 7 of eBay’s User Agreement applies, in particular in relation to compensation for damages resulting from delay and recovery of costs incurred in connection with the assertion of rights.
9. Amendment
All sellers (except consumers in Germany)
We may amend these Payments Terms of Use by notifying you of the changes in writing (for example, by posting a revised version of these Payments Terms of Use on our website, including the Seller Hub or the eBay Message Center). Before the anticipated effective date of such change,
we will notify you in advance as follows:
- eBay Sarl – at least 2 months in advance
- eCUK (if you’re a consumer, micro-enterprise, or charity) – at least 2 months in advance
- eCA – at least 30 days in advance
- All others – at least 14 days in advance
If you are a consumer (i.e., not a business) outside of Germany whose Payout Entity is eBay Sarl or ECUK, 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.
Consumers in Germany
If you are a consumer in Germany, we may offer you changes to these Payments Terms of Use at any time. We will be notifying you in text-form, for example via email, and/or the Seller Hub or the eBay Message Center of any proposed changes at least two (2) months before the
anticipated effective date of such change.
The changes offered to you shall only become effective if you accept them as follows:
- If a proposed change is a material change (as defined below), we will ask for your active consent to such a change.
-
If a proposed change is not a material change, you will be deemed to have consented to these changes unless you explicitly reject them by notice to us in text form (e.g. via email) before the anticipated effective date. In case of such changes, we will inform you in the notice
with which we offer you the changes about the right of rejection, the period of time and your termination right (see subsection below).
A "material change" is a change of these Payments Terms of Use (especially with respect to provisions defining the type and general scope of the agreed services or the term and termination) in our favor, which would significantly shift the balance between service and remuneration
to your disadvantage or would effectively establish an entirely new contract.
Changes required by law, court rulings, legal orders or due to binding undertakings to consumer or competition protection associations or regulators do not constitute a material change.
Your Right to Terminate in case of amendments (All Sellers)
If you do not agree to proposed changes, you may terminate these Payments Terms of Use, pursuant to Section 10 (“Term, Termination”) below, without any extra cost at any time before the effective date. We always publish the amended Payments Terms of Use on the eBay
website.
10. Term, Termination
These Payments Terms of Use are effective indefinitely, unless terminated in accordance with the below.
We may terminate this agreement by giving you written notice via email to your registered email address: 14 days in advance; or 2 months in advance if your Payout Entity is eBay Sarl; or 90 days in advance if your Payout Entity is eCUK and you are a consumer, microenterprise or a
charity. However, we may also terminate these Payments Terms of Use on less notice or with immediate effect in the following scenarios:
- 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 (including, but not limited to, financial crimes such as fraud, bribery, corruption money laundering, or sanctions violations),
- We are unable to verify your or your business’s identity, or any other information pertaining to you, or
- You are otherwise in breach of a material contractual obligation of these Payments Terms of Use, or seriously or persistently violating any provisions of these terms in any other way.
If eBay Sarl or ECUK is your Payout Entity, you may terminate these Payments Terms of Use and close your payment account, without prejudice to the termination events foreseen above, by giving one (1) month notice by notifying eBay Sarl preferably via email at
Paymentsinfoie@ebay.ie or ECUK at paymentsinfouk@ebay.com or by contacting the Customer Service via any of the available communication methods (e.g. Contact Us form, chat).
If eBay Sarl or ECUK is not your Payout Entity, you may terminate these Payments Terms of Use by closing your eBay account; if you use Managed Payments after such termination, you will be deemed to have again accepted these Payments Terms of Use.
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.
Your use of the eBay Services as a seller requires continued registration for Managed Payments. Should you therefore terminate this agreement, you will not be able to use the eBay Services provided by our Affiliates. Our Affiliates which provide you the eBay Services according to
the User Agreement may terminate the User Agreement pursuant to the termination provisions therein.
Termination of this Agreement shall not affect the rights or liabilities of either party accrued until termination and/or any terms intended (expressly or implicitly) to survive termination, including your obligation to pay amounts owed to us relating to your activities prior to
termination and our right to collect from you such amounts in accordance with these Payments Terms of Use. If there are pending payment transactions at the time the termination takes effect, they will be processed pursuant to terms of these Payments Terms of Use unless prohibited
by law. As of the effective date of the termination, you will not be able to sell any items on eBay Services anymore.
11. Assignment
In our sole discretion, we may assign our rights and obligations under these Payments Terms of Use and, in such event, we will notify you accordingly.