Payments Terms of Use

1. About Payments on the eBay Services

You agree to have the eBay Payment Entities receive or execute payments on your behalf in relation to your use of the eBay Services, and manage settlement of related payments to you (referred to as “Managed Payments,” “Payment Services,” or similar names).

Buyers may pay for your items using payment methods such as the following, the availability of which may vary:

• Certain credit or debit cards (including VISA, Mastercard, and Discover),
• PayPal,
• Venmo (available to buyers located in the US),
• Digital wallets (such as Google Pay, and Apple Pay), 
• Direct debit,
• “Pay Later” payment methods or point-of-sale financing known in some regions as payment via installments, or “direct debit upon invoice” or “payment upon invoice,” or “Buy Now Pay Later,”
• eBay coupons, gift cards, etc. (if applicable), or
• Funds held in a stored value account issued under eBay’s US Balance Terms and Conditions (currently only available to selected sellers residing or established in the United States).

We may modify the scope of payment methods available at our sole discretion.

The underlying contract for the buyer’s purchase of “items” (which may refer to goods and/or services) from you is directly concluded between you and the buyer.

After a Managed Payments transaction occurs, you will receive a notification confirming such payment transaction. We will initiate settlement of proceeds received to your Linked Financial Account (as defined below in Part I, Section 4 “Seller Onboarding”). You can access the status of your Managed Payments transactions, including settlements and other payment information, under the Payments tab in the Seller Hub, which will be available to you when you successfully onboard to Managed Payments. If a payment is made to you in error, or if you receive funds that you are not otherwise entitled to receive at the time of disbursement, we have the right to recoup such amounts from you.

2. International Sales

Because multiple eBay Payment Entities provide Payment Services, you may receive Payment Services from more than one eBay Payment Entity, as follows:

• If you receive Payment Services from an eBay Payment Entity, such entity is appointed to process transactions and manage the settlement of funds related to your sales.
• Each eBay Payment Entity is appointed to manage payments for sales on one or more sites, as set forth in the table below (“Responsible Payment Entity”). The site on which you list your item will determine the Responsible Payment Entity for a given sale. For example, ECA would be the Responsible Payment Entity if you sell an item that you listed on ebay.com.au.
• Your “Payout Entity” is the eBay Payment Entity associated with the country in which you reside or are established as a business. Your Payout Entity is assigned to you as illustrated in the table below, unless you and we otherwise agree. You will receive all disbursements to your Linked Financial Account from this entity, regardless of where you list your items.
• If you sell an item listed on an eBay site whose Responsible Payment Entity is also your Payout Entity, your Payout Entity will process the sale and settle the corresponding funds to your Linked Financial Account. For example, if your Payout Entity is ECCA, your funds awaiting payout from sales on ebay.ca will be processed and settled to your Linked Financial Account by ECCA.
• If you sell an item listed on an eBay site whose Responsible Payment Entity differs from your Payout Entity, the Responsible Payment Entity will process the sale and transfer the corresponding funds to your Payout Entity, which will receive the funds on your behalf and in turn disburse them to your Linked Financial Account. For example, if your Payout Entity is eCI and you reside in an “Additional Country” (as such term is defined in the chart below), your funds awaiting payout from sales on ebay.de will be managed by eBay Sarl and settled to eCI. eCI will then disburse the funds to your Linked Financial Account.
• In cases where you have listed an item on an eBay site whose Responsible Payment Entity differs from your Payout Entity, you will cease to be considered as receiving payment services from that Responsible Payment Entity if more than 12 months have passed since you last sold an item listed on the relevant eBay site.

The following table illustrates these distinctions:

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.

3. Seller Payment Fees

The fees and expenses which we charge in relation to your use of Managed Payments are, unless otherwise communicated to you, set forth in the applicable fee page linked in the tables below based on the country that you reside or are established in (“Fee Page”). For instance, if you reside in Australia and do not have an eBay store, clicking on the “Australia” link in the “Sellers in ___ without eBay Stores” column will take you to your applicable Managed Payments fee page; in contrast, if you reside in Australia and have an eBay store, you should click on the “Australia” link in the “eBay Store Sellers in” column. Such fees and expenses are subject to change, as set forth in the applicable User Agreement. For instance, if the Australian User Agreement is applicable, we may change our seller fees from time to time in the manner set out in the Australian User Agreement.

In some circumstances, you might be eligible for a credit of certain fees you paid, as described on the Fee Credits page.

4. Seller Onboarding

In order to use our services, you must register and accept these Payments Terms of Use. If you reside in the EEA, the United Kingdom, or Switzerland, your submission of your Managed Payments online registration application constitutes your offer to conclude this agreement. If your onboarding is not immediately confirmed, you will receive notification that you have been approved to receive services once we have reviewed your information.

To use Managed Payments, you must:

• Link a financial account, so you may receive settlements of proceeds from Managed Payments to this account (“Linked Financial Account”). If you reside in the United States, Canada, the United Kingdom, or Australia, your Linked Financial Account must be a bank account based in your country of residence, or such other type of account or instrument (such as a debit card) that we may permit in our discretion. If you reside in a country within the EEA (except Iceland), you may provide a bank account located in any EEA member state (except Iceland), as your Linked Financial Account. If you reside in Switzerland or Liechtenstein, you must provide a bank account located in Switzerland or Liechtenstein as your Linked Financial Account. If you reside in an Additional Country, we may require you to create a Linked Financial Account with a specific non-bank third-party financial institution to receive payouts. Depending on the Additional Country that you reside in, we may also offer you the option to use a bank account located in the Additional Country as a Linked Financial Account. If we cannot make direct debits from your Linked Financial Account for Owed Amounts (as defined in Section 10), we require you to keep another payment method on file with us and we may withhold payouts to your Linked Financial Account until you have successfully provided us with such other payment method.
• At this time, you may only use our Payment Services to receive disbursements to a Linked Financial Account. You may change your Linked Financial Account at any time as permitted by us. Payouts will be made to your Linked Financial Account subject to (i) your completion of the Linked Financial Account verification process, and (ii) the completion of our assessment for security and risk purposes and under our anti-money laundering and other legal obligations. Our assessment typically takes up to two (2) 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 you reside in an Additional Country and we offer you the option to receive payouts to more than one Linked Financial Account, we will allocate your payouts among your Linked Financial Accounts in conformity with your instructions. By adding a Linked Financial Account to your eBay account, you represent and warrant that you are the lawful owner of, or have the lawful right to use, any Linked Financial Account you associate with your account. In certain circumstances, we may permit you to direct payouts to a Linked Financial Account owned or controlled by your legal representative. If you elect to receive payouts to a Linked Financial Account owned or controlled by a legal representative, you represent and warrant that the legal representative has the authority to receive payouts on your behalf, and you fully release us from any and all liability for losses you may sustain arising from disbursements made by us to the legal representative under these Payments Terms of Use.
• Provide us with all information which we may require for purposes that include: verifying your identity, complying with applicable laws and regulations such as anti-money laundering and sanctions screening obligations, allowing us to manage settlements of your transaction proceeds, and assessing fraud and risk. If you are an individual, this information may include, without limitation, your full name, address, phone number, date of birth, taxpayer identification number, bank account information, and a form of government-issued identification (e.g., a copy of your identity card or driver's license). If you are a business, this information may include, without limitation, your full business name, address, phone number, entity type, bank account information, tax identification number, and business number, in addition to details regarding your beneficial owner(s), director(s), officer(s), authorized representative, legal representative, and/or primary contact, such as name, contact information, nationality, title, and government-issued identification (such as a United States Social Security Number). You understand that we will be unable to settle your proceeds or issue you any tax documents (such as a United States Internal Revenue Service Form 1099-K) if you do not provide or appropriately update us with accurate contact information and other requested data.
• Provide us with all information necessary to authenticate you or your payment transactions, which may include validation of your phone number or email. You understand that we may be unable to execute certain transactions or complete certain requests without this information.
• Maintain in a timely manner the accuracy of the information we have on file, and consent to our periodic updating of such stored information based on information provided by you, your bank, or other payments services providers. You will only provide us information about payment or settlement methods that you are authorized to use. You understand that if you update information such as your country of residency, you may need to repeat some or all of the onboarding steps described above to continue using Payment Services.
• Comply with all, and not cause a third party to violate any, applicable laws, regulations, rules, and terms and conditions in connection with your use of the eBay Services. You will not use Payment Services to move funds associated with gambling. You understand that some third parties (such as banks, credit and debit card issuers, credit and debit card networks, and payments services providers) may have their own terms and conditions for the payment or settlement methods you or buyers choose to use in connection with payments that we manage, such as terms and conditions that relate to the settlement of funds, chargebacks, prohibited items, and overdrafts. Failure to abide by third-party terms and conditions may result in fees assessed to you, delays in your receipt of funds, or other actions taken by such third parties. You agree that we have no control over, or responsibility or liability for, such fees, delays, or actions.

You authorize us and our Affiliates to verify and evaluate information you provide to us, including by verifying the existence of your bank account, verifying your identity and other personal information, obtaining reports from third parties, or comparing information you provide to us with information provided by third parties. Such third parties may include without limitation banks, credit and consumer reporting agencies, data brokers and service providers. We reserve the right to close, suspend, or limit your account or rescind your access to any or all of our services in the event we are unable to obtain or verify any of this information. We are not responsible for any losses suffered by you as a result of incomplete or inaccurate information you provide.

5. Shipping

When you receive notice that a buyer has paid for an item through a Managed Payments transaction, you must then ship or otherwise deliver your item in accordance with the agreed shipping method.

6. Managed Payments Limitations

In some listings or categories, eBay may allow sellers to offer buyers the option to pay for a purchase directly to the seller without using the payment services offered by us under these Payments Terms of Use, for example by cash payment on pickup (“Offline Payment Methods”). We do not manage payments for such Offline Payment Methods. Offline Payment Methods are not covered by eMBG programs; additionally, we will not assist buyers or sellers with payment disputes (such as chargebacks) in connection with Offline Payment Methods. Your listings are subject to eBay's payment policies and any other terms about payments that may appear on the eBay Services, including terms relating to the payment and disbursement methods available to you for such listings.

7. Using Managed Payments

8. Specific Payment Methods

8.1 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 2) 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.

8.2 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 8.

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.

8.3 Collection Risk/Collection

Except in a case of a Defect Receivable pursuant to Section 8.5, 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 arrangement.

8.4 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.

8.5 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 8.4 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.

8.6 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 8.4 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.

9. Security; Third-Party Providers; Data Protection

10. 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 7 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; and
• Amounts we incorrectly settled to you due to a payment processing error or otherwise (see Section 1 above).

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:

• Retaining such amounts from your current or future disbursements relating to any transactions that you may have in connection with any eBay account owned by you;
• Recouping from your Linked Financial Account (and if required, by issuing a direct debit mandate or other similar authorization);
• Recouping from any other payment instrument or payment method you may have authorized or placed on file with us or our Affiliates (for example, to pay for seller fees, shipping labels, or dispute resolution);
• Recouping from your stored value account, if a stored value account has been issued to you;
• Recouping from your payment account, if a payment account has been issued to you; and
• Retaining collections agencies or using other collections 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 or payment account has been issued to you, we will deduct the Owed Amounts from funds held in the relevant stored value account or payment account 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/BACS 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/BACS 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.

11. 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 at least fourteen (14) days prior, or

1. if your Payout Entity is eBay Sarl, then two (2) months prior,
2. if your Payout Entity is ECUK and you are a consumer, micro-enterprise or charity, then two (2) months prior,
3. if your Payout Entity is ECA, then thirty (30) days prior.

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.

A change which is due to a requirement of law, a legally binding court decision or an injunction does not constitute a material change.

Termination right 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 12 (“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.

12. Term, Termination

These Payments Terms of Use are effective indefinitely, unless terminated in accordance with the below.

We may terminate these Payments Terms of Use by giving written notice fourteen (14) days prior or if eBay Sarl or ECUK is your Payout Entity, then two (2) months prior via email to your registered email address. 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.co.uk 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.

13. 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.

1. Payment Service; Disabling Payment Methods

You authorize eBay Sarl to acquire and settle payments that it receives on your behalf. When you sell an item on eBay, you are deemed to be a payee, with eBay Sarl acting as your payment service provider. In a refund, chargeback, or similar scenario, or if you use your funds to pay, you may be deemed to be a payer, again with eBay Sarl acting as your payment service provider. If eBay Sarl is your Payout Entity, eBay Sarl will open and hold a payment account for you.

The acceptance of a buyer’s payment instrument (for example, their Visa card), once it has been authorized for payment, satisfies the buyer’s payment obligation to you, regardless of whether we actually settle such payment to you. In the event that we do not make any such payment to you as described in these Payments Terms of Use, you will have recourse against us only and not against the buyer. To the extent permissible under the rules of any third-party or governmental body with jurisdiction over us, you agree that we are not liable for your acts and omissions and you understand that we disclaim any such liability.

We may disable specific payment method(s) available to buyers for all or some of your listings if we reasonably believe the use of such payment methods for your transactions will increase regulatory, financial, or other risk to us. For example, if you would like to offer a high-priced item with a new eBay account, we may disable such payment methods where the amount is credited with a time delay after the transaction (e.g. direct debit or payment upon invoice). In assessing the risk, we consider relevant factors such as your sales history, service status, eBay account history, risks associated with certain item categories, transaction value, and number and monetary amounts of eMBG cases. We will re-enable the affected payment method(s) for your listings once the risk no longer exists.

2. Execution of Payment Transactions

When you, as a payee or payer, use Managed Payments, the payment transactions will be executed in accordance with the payment schemes rules and procedures, or as otherwise agreed.

3. Settlement of Funds

If we are your Payout Entity, we will initiate settlement of proceeds received to your Linked Financial Account. Your payments will generally be initiated either automatically according to the schedule you have pre-selected or “on demand” based on an individual payment instruction we receive from you. However, if your payment account is not configured to include a regularly scheduled settlement, we may periodically sweep available funds out of your payment account and send them to your Linked Financial Account.

Your transaction proceeds, other than those being held in accordance with these Payments Terms of Use, will be aggregated to a batch for settlement to you according to the payout schedule agreed with you. For example, if you select weekly payouts, a single settlement will be initiated automatically once a week for all transactions ready for disbursement to you on that day. If you request a payout on demand, a single settlement will be initiated for all transactions ready for disbursement to you on that day. You may be able to choose to have only a portion of your available transaction proceeds paid out to your Linked Financial Account, leaving the rest in your payment account. We anticipate that your transaction proceeds will be available on your payment account and ready for disbursement approximately one to two business days after the buyer's completion of the order, although actual availability may vary for individual transactions depending on the buyer’s payment method, and when the payment transaction is received by us. We may diverge from the agreed settlement process as needed for compliance or risk reasons. The balance on your payment account is not a deposit. You will not receive interest or any other earnings on the money held in your payment account.

If we are unable to settle your proceeds, then, depending on the reason why we are unable to settle your proceeds, we may refund the buyer (e.g., in the event that we cannot process your information due to technical reasons etc.) or otherwise process these funds in accordance with applicable law.

We will provide you with monthly statements of your transactions free of charge, which can be accessed in the Seller Hub.

4. Liability for Unauthorized Payment Transactions

You will be fully liable for all losses relating to an unauthorized payment transaction if you acted fraudulently with respect to such a payment transaction, or if you failed to fulfill one or more of the obligations under this agreement (such as keeping your credentials safe or notifying us without undue delay) with intent or gross negligence.

5. Our Liability

We will refund you in full and are liable for losses directly and reasonably foreseeably incurred by an incorrectly or non-executed payment transaction, provided that you have informed us of such transaction without undue delay after becoming aware of the defect and in no event later than thirteen (13) months after the transaction was executed, unless we failed to make information about the transaction available to you.

We are liable for damages suffered as a result of willful misconduct or gross negligence. In case of minor negligence, we are only liable for (a) damages resulting from injury to life, body, or health; or (b) foreseeable typically occurring damages resulting from the breach of an essential contractual obligation. Any further liability is excluded.

If you are a business using the Payment Services, unforeseeable damages in accordance with the above include (but are not limited to) loss of goodwill or reputation, direct or indirect loss of profits, loss of data, loss of business and other intangible losses. You also explicitly agree that as a business you may not benefit from the rights and liability regimes deriving from the legal provisions with regard to payment services (Articles 79(1), 81(3), 86, 88 to 90, 93 and 101 of the Luxembourg Law of 10 November 2009 on payment services) in the event of non-execution or defective execution of Payment Services under this agreement, meaning we are not liable to you for the losses or damage you may suffer under those provisions.

6. Shipping Labels

If buyers purchase a return shipping label at their own expense on the eBay website, eBay may automatically deduct the label costs from the refund amount a buyer receives from you. If this occurs, you agree (as a debtor to the buyer for the refund) to be delegated as a debtor to the shipping carrier for the label costs, and authorize us to use the relevant part of the refund amount to pay the shipping carrier on your behalf. You will not bear any additional shipping costs in this event.

7. Holds (for consumers in Germany)

If you are a consumer in Germany, eBay Sarl will apply holds to your funds in accordance with this section. For all other sellers, holds are applied under the conditions in Part I, Section 7/Holds. 

As a regulated payment entity, we are legally required to implement an effective risk management program and robust measures to prevent fraud, money laundering, and terrorist financing. For these purposes, we may place holds on your funds, or instruct a payment service provider to hold your funds, under the conditions and for the duration described below, taking into account your and other users’ legitimate interests. 

A hold can be placed either on transaction level or on account level. Transaction-level holds are placed in relation to a particular buyer transaction, typically to secure a potential refund of the transaction amount to the buyer, e.g., after a successful eMBG claim (“Transaction Holds”). These holds freeze the amount of the relevant transaction. Account-level holds prevent the disbursement of all funds on the account (“Account Holds”). They are placed for reasons related to the seller, the seller’s conduct, or the activity on an account, e.g. if there is a suspicion of fraud. 

Transaction Holds can be placed if:

• Your buyer opens a case under an eBay Buyer Protection Program (see Part I, Section 7/eBay Money Back Guarantee Programs). If the buyer's claim is successful, you must reimburse the eMBG Service Provider for the amount refunded to the buyer according to the applicable User Agreement and eMBG policy. We will secure the reimbursement claim of the eMBG Service Provider against you by placing a hold on the relevant amount until the case is decided. If the case is resolved in your favor or if you are found to be protected under the Seller Protection Program, we will release the hold and disburse your funds. 
• Your buyer (or the holder of the payment instrument used to pay for the transaction) opens a payment dispute with its payment service provider (see Part I, Section 7/Disputes). If the buyer's claim is successful, you must reimburse us for the amounts refunded to the buyer as described in Part I, Section 7/Disputes. We will secure our reimbursement claim against you by placing a hold on the relevant amount until the case is decided by the buyer’s payment service provider. If the case is resolved in your favor or if you are found to be protected under the Seller Protection Program, we will release the hold and disburse your funds.
• Additionally, we may place a hold on funds depending on your seller status, changes to your account status, or other factors we use to help ensure a safe marketplace. We place such holds to ensure that sellers successfully fulfill the order and that refunds for potential buyer-requested returns, eMBG claims, or disputes filed by a buyer can be executed effectively.
  • New, dormant, and infrequent sellers may experience holds for up to 30 days while becoming established on eBay in accordance with eBay’s best selling practices and building a strong selling history. 
  • Previously restricted or suspended sellers may experience holds for the 30 days after the restriction or suspension is lifted, while we confirm that the order has been successfully fulfilled. 
  • Unusual selling patterns, like an unexpected surge in sales, a change in business type, a change in average selling price or the type of items being sold, or the sale of high-priced items may lead to holds for up to 30 days or until the fulfillment of the order is confirmed to help us ensure that buyers don't have any issues with the order.
  • The authentication process may lead to holds for up to 30 days until the authenticity of items sold with eBay's Authenticity Guarantee can be confirmed. 
  • For specific shipping methods such as local pick-up, holds may be placed to ensure that the seller completes the delivery of the item according to the conditions stated in the item description. The hold will be lifted when the delivery is confirmed, e.g. by scanning a QR code at local pick-up.
  • If we have identified an increased risk of seller performance issues, for example if multiple buyers have reported problems or if we see excessive cancellations related to an account, we may place a hold on a transaction to ensure that the seller completes the fulfillment of the order. The hold will be lifted when the successful fulfillment is confirmed. 
  • Holds applied as described above for a certain period of time to secure the successful fulfillment of buyer’s orders may be applied for longer periods of time in cases of extended delivery times. 

Account Holds can be placed in the following cases:

• Failed or incomplete identification and verification process. If you do not assist us in the identification and verification process, for example, if you do not provide us with the information and/or documents necessary to identify and verify you or your company in accordance with the applicable legal requirements (see Part I, Section 4, 3rd bullet point), we cannot pay out your funds. Once you provide the requested information, and we can verify your identity, we will release the hold, and your funds can be disbursed. The duration of the hold depends on how fast you provide the required documents. 
• Compliance and risk reasons. We may hold payouts in order to fulfill our legal obligations in the following cases:
  • As a regulated payment entity, we are legally required to implement an effective risk management program and robust measures to prevent fraud, money laundering, and terrorist financing. This includes measures to ensure that we can fulfill our payment obligations at all times, including and in particular towards our users. If we identify a financial, fraud or money laundering/terrorist financing risk, we will hold your payouts. A financial or fraud risk exists if payments could be made by or to an unauthorized third party instead of you (e.g., in case of an “account takeover,” when a third party has gained unauthorized access to your eBay account) or if you violate applicable law, these Payment Terms of Use, the applicable User Agreement or any other eBay Policies, and your actions could cause other users or us to suffer a loss or financial or reputational damages.
  • We or our Affiliated Companies may be legally obligated to block your payouts. We may receive an order by an authority to freeze your funds, or the Affiliate providing the eBay Services to you may be legally required under certain conditions to ensure that no payments are made to you and to notify us accordingly, as in the case of eBay GmbH which must comply with the requirements under the EU's DAC7 Directive, as transposed into national law (Sec. 23 sentence 2 no. 2 PStTG).

  If we hold your payouts due to compliance and risk reasons, we will notify you and may request additional information from you. Once we have received the requested information or the risk is otherwise resolved, we will release the hold and your funds can be disbursed. The duration of the hold depends on how quickly you provide the information or how quickly the risk is otherwise resolved.

• Performance holds: We hold your payouts if we identify unusual activity associated with your account, such as increased number of customer claims, a drop in your seller status to “below standard,” a sudden change in your selling activity or an unusually high percentage of late deliveries or negative buyer feedback. We will only apply a hold in this case if the unusual activity associated with your account is material in the sense that, according to our experience based on comparable cases in the past, it leads to a risk for all of your potential buyers regarding the fulfillment of the delivery of the order or the effective execution of refunds for potential buyer-requested returns, eMBG claims, or disputes filed by a buyer. The duration of these holds depends on how fast the issues underlying the identified unusual activity are resolved. 
• Invalid payment method: We may put your payouts on hold if we can't deduct your selling fees and other Owed Amounts from any of your payment instruments on file. In this case, once you add another payment method, the hold will be released.

8. Corrective Measures

If we become aware of suspected or actual fraud or other security threats affecting your eBay account, we will notify you by email and provide you with instructions on how to protect such account.

9. Financial Regulations Consent

eBay Sarl will share information you provided to eBay Sarl with our Affiliates or third parties only for the purpose of such Affiliates and third parties assisting us in providing Managed Payments as described in Part I, Section 9 (Third party Providers), or in accordance with the following consent.

You expressly consent to eBay Sarl sharing your information with our Affiliates or third parties under the conditions and for the purposes as described below. By sharing this information, we and the respective Affiliate will be able to comply with applicable law. This will allow us and our Affiliates to continue to provide our services to you.

• We may share your information with eBay GmbH or the eBay Affiliate which is providing the eBay Services to you according to the User Agreement, to the extent these eBay Affiliates are required to obtain such information from you under the Digital Services Act (Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC). The Digital Services Act obligates platform operators like eBay to obtain and validate certain information from professional sellers offering goods and services to consumers in the EU. Such information can among others include identification information about you (including for example a copy of your identification document or an equivalent electronic document), information on your account with us (including information related to your Linked Financial Account), as well as the results of any verification of such information performed by us.
• We may share with eBay GmbH (the entity providing the eBay Services to customers in the EU under the User Agreement) your Linked Financial Account information and the total amounts paid to you in a given quarter including amounts withheld for fees and taxes, as well as any other information about you to allow eBay GmbH to comply with its obligations under the EU DAC7 tax directive (Council Directive (EU) 2021/514 of 22 March 2021 amending Directive 2011/16/EU on administrative cooperation in the field of taxation). Under this directive as transposed into national law, eBay GmbH is required to collect customer information for certain sellers and report this to EU tax authorities.
• We may share with eBay Inc. (the entity that facilitates the offer, sale, and purchase of goods and services on the eBay.com e-commerce marketplace) your Linked Financial Account information to enable eBay Inc. to comply with United States federal and state laws that require online marketplaces to collect and verify certain information regarding high-volume third party sellers of consumer products on such online marketplaces. These laws include the United States INFORM Consumers Act (H.R. 2617 – 117th Congress (2021-2022)) and any such substantially similar laws as may be adopted in the United States from time to time.
• We may, directly or through our Affiliates, disclose account information to intellectual property rights owners on the basis of applicable national law of an EU member state in an out-of-court disclosure process, in the event of an infringement of their intellectual property rights for which our payment services have been used (including, but not limited to, Art. 19 of the German Trademark Act).
• We may disclose to tax authorities in the EU your account information and details on your cross-border payment transactions, as well as any other information required to comply with our obligations under the CESOP Directive (Council Directive (EU) 2020/284 of 18 February 2020 amending Directive 2006/112/EC), as transposed into national law in the EU Member States.

10. General Provisions