11 min article

User Agreement

This User Agreement was posted on 30 October 2018. It is effective upon acceptance for those users who accept it through registration of an eBay account, and from 28 November 2018 for all other users.

The previous User Agreement was posted on 29 May 2018.

In this User Agreement:

1. Introduction

2. Scope

3. Using eBay

4. Abusing eBay

5. Fees and services

6. Content

7. Trading on eBay and limitation of liability

8. Release

9. Breach

10. Returns and eBay Money Back Guarantee

11. Restricting funds

12. Click & Collect service

13. eBay Plus

14. Access and interference

15. Listing conditions

16. Selling internationally

17. GST on low value imports

18. Closing your account

19. Privacy

20. Indemnity

21. No agency

22. Notices

23. Legal disputes

24. Additional terms

25. General

1. Introduction

Welcome to eBay. By using the eBay.com.au website and any related service or tool ("the eBay services"), you agree to the following terms with eBay. If you have any questions, please contact Customer Service.

The entity you are contracting with is:

  • eBay Marketplaces GmbH, Helvetiastrasse 15/17, 3005 Bern, Switzerland if you reside in Australia;
  • eBay Inc., 2025 Hamilton Ave., San Jose, CA 95125 if you reside in the United States;
  • eBay (UK) Limited, 5 New Street Square, London, EC4A 3TW, United Kingdom, if you reside in the United Kingdom;
  • eBay GmbH, Albert-Einstein-Ring 2-6, 14532 Kleinmachnow, Germany if you reside outside the United Kingdom but within the European Union;
  • eBay Canada Limited, 500 King Street West, Suite 200, Toronto, ON M5V 1L9, Canada, if you reside in Canada;
  • eBay Singapore Services Pte Ltd, 10 Collyer Quay, #10-01 Ocean Financial Centre, Singapore 049315, if you reside in India;
  • eBay Marketplaces GmbH, Helvetiastrasse 15/17, 3005 Bern, Switzerland, if you reside in any other country.

In this User Agreement, these entities are individually and collectively referred to as "eBay", "we" or "us".

2. Scope

Before using the eBay services, you must read and accept all of the terms in, and linked to, this User Agreement ("Agreement") and the eBay User Privacy Notice. We strongly recommend that, as you read this User Agreement, you also access and read the hyperlinked information. By accepting this User Agreement, you agree that this User Agreement and User Privacy Notice will apply whenever you use the eBay services, or when you use the tools we make available to interact with the eBay services. If you use an eBay site other than eBay.com.au, you acknowledge that you will need to accept and be bound by the terms of that site. Some eBay services may have additional or other terms that we provide to you when you use those services.

3. Using eBay

While using the eBay services, you will not:

  • post content or items in inappropriate categories or areas on our sites and services;
  • infringe any laws, third party rights or our policies, such as the prohibited and restricted items policies;
  • use the eBay services if you are not able to form legally binding contracts, are under the age of 18 or are suspended from using the eBay services;
  • fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made or you cannot authenticate the seller's identity;
  • fail to deliver items purchased from you, unless the buyer fails to meet the posted terms or you cannot authenticate the buyer's identity;
  • manipulate the price of any item or interfere with other users' listings;
  • circumvent or manipulate our fee structure, the billing process, or fees owed to eBay;
  • post false, inaccurate, misleading, defamatory or offensive content (including personal information);
  • take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information or using it for purposes unrelated to eBay);
  • transfer your eBay account (including Feedback) and user ID to another party without our consent;
  • distribute or post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes;
  • distribute viruses or any other technologies that may harm eBay or the interests or property of eBay users;
  • export or re-export any eBay tools except in compliance with the export control laws of any relevant jurisdictions;
  • copy, modify or distribute rights or content from the eBay services or eBay's copyrights and trademarks; or
  • harvest or otherwise collect information about users, including email addresses, without their consent.

4. Abusing eBay

eBay and its community of users ("the Community") work together to keep our sites and services working properly and the Community safe. Please report problems, offensive content, and policy violations to us.

eBay's Verified Rights Owner (VeRO) Program works to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been violated, please notify our VeRO team and we will investigate.

Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to the eBay services, delay or remove hosted content, remove, delete, modify or not display listings, apply fees and/or recover our expenses for policy monitoring and enforcement, and/or take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, policies related to shill bidding, conducting off-eBay transactions, Feedback manipulation, circumventing temporary or permanent suspensions or users who we believe are harassing our employees or other users). Additionally, we may, in appropriate circumstances and at our reasonable discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue eBay services.

If you are a seller and you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of eBay, you may be liable to pay a final value fee applicable to that item.

5. Fees and services

Joining eBay and bidding on listed items is free. We do charge fees for using other services, such as listing items. When you list an item or use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our Fees schedule, which we may change from time to time. Changes to that schedule are effective after we provide you with at least fourteen days' notice by posting the changes on the eBay site. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites.

If you are a seller, you are liable for transaction fees arising out of all sales made using some or all eBay services, even if sales terms are finalised or payment is made outside of eBay. In particular, if you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of eBay, you will be liable to pay a final value fee applicable to that item. Sellers must meet eBay's minimum performance standards. Failure to meet these standards may result in eBay charging you additional fees, and/or limiting, restricting, suspending, or downgrading your seller account.

Unless otherwise stated, all fees are quoted in Australian Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel and, for accounts over 180 days past due, deducting the amount owed from your PayPal account balance or using any credits on your account.)

6. Content

When you upload content to the eBay website or otherwise give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all intellectual property rights (including copyright and trademark rights you have in the content, in any media known now or in the future and for any other purpose.

If you are the author of that content, you also irrevocably and unconditionally consent, to the maximum extent permitted by law (either present or future), to eBay and its licensees, contractors, assignees and successors, and their licensees and any other person authorised by any of them (“eBay Authorised Persons”):

(a) disclosing, reproducing, copying, adapting, publishing, performing, exhibiting, communicating, renting, transmitting or otherwise using the content (and any adaptation or part of the content) anywhere in the world:

(i) in whatever form and in whatever circumstances eBay and the eBay Authorised Persons think fit, including adding to or otherwise altering the content (or any adaptation or part of the content); and

(ii) without making any identification of you as the author in relation to the content (or any adaptation or part of the content); and

(b) doing anything or omitting to do anything in relation to the content (or any adaptation or part of the content) anywhere in the world that would otherwise infringe the moral rights, or any similar non-assignable, personal rights, that you might have.

For the convenience of sellers, we may offer catalogues of stock images, descriptions and product specifications that are provided by third parties (including eBay users). You may use catalogue content solely in connection with your eBay listings during the time your listings are on eBay's sites.

While we try to offer reliable data, we cannot promise that the catalogues will always be accurate and up-to-date, and you agree not to hold our catalogue content providers or us responsible for inaccuracies in catalogues. If you choose to include catalogue content in your listings, you continue to be fully responsible for your listings and for ensuring that your listings are accurate, do not include misleading information and comply with this User Agreement and all eBay policies. The catalogues may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included with the catalogues or create any derivative works based on catalogue content (other than by including them in your listings).

7. Trading on eBay and limitation of liability

While we strive to maintain a safe trading environment you accept that there are unfortunately sometimes risks when trading online and using our sites, including dealing with underage or fraudulent persons. You will not hold eBay responsible for other users' content, actions or inactions, items they list or their destruction of allegedly fake items. You acknowledge that we are not an auctioneer. Instead, our sites are venues to allow anyone to offer, sell, and buy just about anything, at any time, from anywhere, in a variety of pricing formats and locations, such as Stores, fixed price formats and auction-style formats. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users' content or listings, the ability of sellers to sell items, the ability of buyers to pay for items or that a buyer or seller will actually complete a transaction or return an item. You should consider and use all of our suggested safe trading guidelines when trading online, including our safe trading tips for buyers and tips for sellers on avoiding transaction problems.

When you enter into a transaction you create a legally binding contract with another user, unless the item is listed in a category under the Non-binding bid policy. You must ensure that you comply with your obligations to that other member and are aware of any laws relevant to you as a buyer or seller. If another member breaches any obligation to you, you – not eBay – are responsible for enforcing any rights that you may have.

You alone, and not eBay, are responsible for ensuring that your listing, bidding and selling and any other activities conducted on our site are lawful. You must ensure that you comply with all applicable laws in Australia and other countries. You must also ensure that you strictly comply with this Agreement and the policies which form part of the Agreement.

We do not take ownership of the items at any time and do not transfer legal ownership of items from the seller to the buyer. Further, we cannot guarantee continuous or secure access to the eBay services, and their operation may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use the eBay services.

To the extent that eBay is able to limit the remedies available under this Agreement, eBay expressly limits its liability for breach of a non-excludable statutory guarantee to the following remedies:

  • the supply of the services again; or
  • the payment of the cost of having the services supplied again.

8. Release

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint venturers and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

9. Breach

Without limiting other remedies available to eBay at law, in equity or under this Agreement, we may, without notice to you and in our sole discretion (which shall be exercised reasonably, having regard to the circumstances), delay listing your item, delete your listing, issue you a warning, restrict your activities through our site (including but not limited to buying, selling and posting activities), temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you, or require you to pay additional fees if:

  • you have, or we believe that you have, breached this Agreement, which includes any of our Policies in any way (including those Policies referred to in Clause 24 below);
  • we are unable to verify or authenticate any information you provide to us;
  • we believe that your actions may cause loss or damage to or otherwise unlawfully harm you, our users, third parties or us, our related bodies corporate or affiliates, our directors, employees or agents; or
  • if we reasonably believe that any of your information (which includes an item listed on the site) is inappropriate or of an offensive nature.

For security, confidentiality and privacy reasons, we are not obligated to provide you or other members the details of any investigation that we conduct or any action which we take, in relation to your membership or your account other than those that are already provided to you by us.

10. Returns and eBay Money Back Guarantee

Buyers can request a return or report that they didn't receive an item from their Purchase history - opens in new window or tab.

If the buyer is requesting to return an item for "change of mind" (or "remorse") reasons, the seller's return policy as stated in the listing will apply – including which party is responsible for return postage costs. Sellers may exercise their discretion to accept or deny a remorse return request if it falls outside their return policy.

If an item is not received or differs significantly from the listing, the eBay Money Back Guarantee policy, which is part of this User Agreement and incorporated by reference, will apply. As stated in the policy, the cost of return postage for an item that is significantly not as described will usually be the seller's responsibility.

Buyers and sellers agree to comply with the eBay Money Back Guarantee policy and Condition of returned items policy and acknowledge that we may automate some aspects of the returns process. You also acknowledge and agree that we may exercise our reasonable discretion to make a final decision on any case – including an item returned for remorse reasons – where a buyer and seller cannot come to agreement. If we resolve a case in the buyer's favour, the seller will be required to issue a full refund to the buyer (including original postage costs), either by automatic reversal of the transaction from the seller's PayPal account, or by reimbursing eBay in cases where we refunded the buyer directly.

As a seller, you authorise and instruct us:

  • to automatically accept a return request on a your behalf and provide a return postage label to the buyer, for return requests that fall within your returns policy or the eBay Money Back Guarantee policy;
  • to place return postage costs on your seller invoice, in cases where you are responsible for paying return postage;
  • to request PayPal to reverse the refund amount (in same or other currency) from your PayPal account in cases where the transaction is cancelled or the buyer returns an item in accordance with your listing's return policy;
  • to request PayPal to collect or reverse variable amounts (representing payments related to covered claims) from your PayPal account to carry out a buyer reimbursement, including amounts in other currency holdings where you do not have sufficient funds available in the transaction currency;
  • to request PayPal to restrict your access to funds (the restriction will apply up to a sum equivalent to the cost of the item and original postage costs paid by the buyer) in your PayPal account at any point during the resolution process (which may result in PayPal determining to restrict funds in your PayPal account in order to manage PayPal's risk exposure pursuant to PayPal policies – see clause 11: Restricting funds);
  • to recover the amount we pay to the buyer (in cases where we refund the buyer directly) by placing the reimbursement amount on your seller invoice and charging the payment method you selected; and
  • to use credits on your account to pay for amounts you owe to eBay.

You acknowledge and agree that your authorisations above will or may be made on a recurring basis and on various dates as required by us to facilitate returns on eBay and implement the terms of the eBay Money Back Guarantee policy.

You must have a payment method on file with eBay and you may change this payment method - opens in new window or tab at any time. If you do not provide eBay with a valid payment method, we may collect the outstanding sums using other collection mechanisms, including retaining collection agencies.

We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the eBay Money Back Guarantee refund or reimbursement.

As a buyer, you will be precluded from bringing an eBay Money Back Guarantee claim if you already have made or are making a claim with PayPal in respect of the same transaction. We may suspend the eBay Money Back Guarantee in whole or in part without notice if we suspect abuse or interference with the proper working of the policy, or for commercial reasons.

Certain categories of items are excluded from the eBay Money Back Guarantee, and other conditions apply. Please refer to the eBay Money Back Guarantee policy for more details.

11. Restricting funds

To protect against the risk of liability, eBay may request, and you agree to authorise the request, that PayPal restrict access to funds in a seller's PayPal account based on certain factors, including, but not limited to, selling history, seller performance, returns, riskiness of the listing category or the filing of a case. This may result in PayPal determining to restrict funds in your PayPal account in order to manage PayPal's risk exposure pursuant to PayPal policies.

12. Click & Collect service

Click & Collect is an eBay service that allows a person to opt to collect goods they purchase on eBay websites at either:

  • selected retail outlets operated by Woolworths and its related bodies corporate ("Woolworths");
  • selected retailers within the ParcelPoint network ("ParcelPoint"); or
  • selected retailers' own store locations.

You must not misrepresent the Click & Collect service as your own service (whether through direct hyperlink, advertising, promotions or any other means) or advertise or promote the Click & Collect service in a manner not approved by eBay in writing.

Sellers whose items are eligible for Click & Collect at Woolworths or ParcelPoint are subject to our Click & Collect terms of use for sellers - opens in new window or tab, which are part of this User Agreement and incorporated by reference.

Click & Collect from Woolworths
For the purposes of the Click & Collect service, Woolworths, like us, is not involved in the actual transaction between buyers and sellers made on eBay.com.au or other eBay websites and has no control over the acts or omissions of users of the eBay services or their agents. Accordingly, to the extent permitted by Law, Woolworths excludes any and all liability (whether in contract, tort, statute, equity or otherwise) arising out of or in connection with the eBay services, including the Click & Collect service, and including any Indirect Loss suffered paid or incurred in connection with the Click & Collect service. "Indirect Loss" means loss of profit, loss of revenue, loss of goodwill, loss of reputation, loss of anticipated savings, loss of opportunity, loss of use and any other loss or damage not arising naturally and according to the usual course of things from the relevant breach, act or omission whether or not such loss or damage may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the relevant breach, act or omission.

If its liability cannot be excluded by law, Woolworths' liability is limited, at its discretion and to the extent permitted by law, to the re-supply of those parts of the Click & Collect service for which it is responsible or to the payment of the cost of re-supplying those services.

eBay enters into this clause on behalf of Woolworths as its agent. You agree that Woolworths may enforce this clause directly against you in consideration of it making its retail outlets available to you in connection with the Click & Collect service.

Click & Collect at ParcelPoint
For purchases where you collect your item from a selected retailer within the ParcelPoint network, ParcelPoint's End User Terms of Service - opens in new window or tab apply in addition to the terms of this User Agreement.

Click & Collect from the retailer
For purchases where you collect your item from the retailer's own store, our Click & Collect (from the Retailer) Terms of Use - opens in new window or tab apply and are incorporated into this User Agreement by reference.

13. eBay Plus

eBay Plus is an eBay service that allows eBay customers to pay an annual membership fee and receive member-only benefits, such as free delivery and free returns on eBay Plus purchases.

eBay Plus as a buyer
When you join eBay Plus as a buyer, you accept and agree to the eBay Plus Terms and Conditions - opens in new window or tab, which are part of this User Agreement and incorporated by reference.

eBay Plus as a seller
eBay will display the "eBay Plus" logo on eligible listings based on criteria determined by eBay. Only sellers who comply with all eBay policies (including eBay's Selling practices policy) will qualify to have their listings display the "eBay Plus" logo. eBay does not guarantee that the eBay Plus logo will appear on your listing. By using the eBay services, sellers acknowledge and agree that eBay's decision as to which items the eBay Plus logo is displayed on is final. Sellers cannot opt out of eBay Plus or elect to not show the eBay Plus logo on their items.

eBay will be entitled to take necessary action against sellers who abuse the eBay Plus program or violate eBay's policies including, without limitation, recovering postage costs charged by sellers that exceed the actual postage cost for posting the item (being the amount charged by the carrier). eBay may include or remove sellers from eBay Plus participation at its absolute discretion.

You must not misrepresent the eBay Plus service as your own service (whether through direct hyperlink, advertising, promotions or any other means), nor advertise or promote the eBay Plus service in a manner not approved by eBay in writing.

14. Access and interference

The sites contain robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to eBay by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the eBay services for any purpose without our express written permission.

Additionally, you agree that you will not:

  • take any action that imposes or may impose (in our sole discretion, exercised reasonably) an unreasonable or disproportionately large load on our infrastructure;
  • copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your information) from the sites without the prior express written permission of eBay and the appropriate third party, as applicable;
  • interfere or attempt to interfere with the proper working of the sites, services or tools, or any activities conducted on or with the sites, services or tools; or
  • bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.

15. Listing conditions

By listing an item on eBay's sites, you agree to pay eBay's fees for the listing, assume full responsibility for the content of the listing and item offered, and accept the following listing conditions:

  • When you list an item on eBay's sites, your listing will be posted on eBay's sites and can be viewed in My eBay - opens in new window or tab.
  • Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances), so eBay can't guarantee exact listing durations.
  • We may revise data in the eBay product catalogue to supplement, remove, or correct information; if your listing uses catalogue data that has been revised, those revisions may modify your listing accordingly.
  • Where your listing appears in search and browse results may be based on certain factors including listing format, title, bidding activity, end time, keywords, price and postage cost, Feedback and detailed seller ratings. Learn more about where your listings appear in search and browse results.
  • Your listing will, at all times, comply with eBay rules and policies, including listing rules.
  • You must list your item in the most relevant category. When you list an item in two categories and there is a difference in final value fees between the categories, the higher final value fee will apply when your item sells.

16. Selling internationally

You may be able to sell your items internationally by listing items for sale directly on one or more of eBay's international sites or where you choose to list items with an international postage option. You agree that we may display your listing on an eBay site other than the eBay site where you listed your item for sale, including those situations where you choose to list items with an international postage option (such as worldwide postage). However, you may restrict international buyers from purchasing your items if you explicitly exclude international postage locations from your listings or by creating and applying an exclusion list to your listings.

Regardless of which eBay site you use to list your item, if your item is sold to a buyer who is using an eBay site other than your eBay site of registration, you agree to be subject to that other site's User Agreement and policies with respect to that particular purchase, including that site's eBay Money Back Guarantee policy.

You are responsible for complying with all laws and regulations applicable to the sale and delivery of items to international buyers and are responsible for paying all fees and applicable taxes or charges associated with eBay sites and services such as GST or VAT. Fees for listing and selling items on eBay's international sites will be added to your seller invoice and charged to the automatic payment method (if any) that is on file with your eBay site of registration.

17. GST on low value imports

Australian Goods and Services Tax (GST) applies to the sale of low value goods (i.e. goods valued at AU $1,000 or less) imported by consumers into Australia.

eBay is considered an Electronic Distribution Platform (EDP) under the relevant legislation and therefore responsible for collecting the GST on low value imports and paying it to the Australian Government. This means that eBay will add GST at checkout on all imports with an order value less than AU $1,000 and remit the GST to the Australian Taxation Office (ATO). We will not collect GST on orders over AU $1,000.

If you are a seller with products located outside Australia, you don't have to collect GST nor remit anything to the ATO in regards to your eBay sales. Any GST that applies for low value goods bought on eBay and imported into Australia is added to the order price and collected by eBay from buyers, then remitted directly to the ATO. You still receive payment for your orders as normal However, you acknowledge and agree that 1) your prices may appear 10% higher to buyers than before if their delivery address is in Australia; and 2) we won't report GST collected to you, although we will indicate on the order details page if GST was collected by eBay.

As a seller, you must not misrepresent the location of your items on eBay and you must comply with eBay's Selling practices policy. Sellers found in violation of this policy may be subject to listing removal, warnings and suspension by eBay.

If you are a buyer, you may see "GST may apply" when viewing items on eBay that are located overseas. You acknowledge and agree that if you buy a low value item on eBay from outside Australia, you will be charged 10% GST on top of the seller's item price (applied in your cart and at checkout). If there is any dispute as to the GST you have paid on an order, you should contact eBay. If you receive a full or partial refund for your purchase, you will also receive a refund for the proportionate amount of GST.

Our Tax policy contains more detail about when we charge GST on eBay. If you have any questions or require more information, please contact the Australian Taxation Office - opens in new window or tab or seek independent tax advice.

18. Closing your account

You may close your eBay account at any time, subject to:

  • not having any outstanding items listed on the website; and
  • resolving any outstanding matters (such as a suspension or restriction on your account); and
  • paying any outstanding fees owing on the account.

19. Privacy

We do not provide your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the eBay User Privacy Notice. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us - opens in new window or tab and choose not to receive certain communications - opens in new window or tab by signing in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the eBay User Privacy Notice. If you object to your information being transferred or used in this way please do not use our services.

Privacy of Others; Marketing
If eBay provides you with information about another user you agree you will use the information only for the purposes it is provided to you. You may not disclose, sell, rent or distribute a user's information to a third party for purposes unrelated to the Services. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.

20. Indemnity

You will indemnify us (and our officers, directors, agents, subsidiaries, joint venturers and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party in the course of using the eBay services.

21. No agency

eBay is not your agent for any purpose in relation to this Agreement or your use of the eBay services.

22. Notices

Legal notices must be served on eBay's registered agent (in the case of eBay) or to the email address you provide to eBay during the registration process (in your case). Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing.

Any notices to eBay's registered agent must be given by registered ordinary post (or if posted to or from a place outside Australia, by registered airmail) or by facsimile transmission to eBay Marketplaces GmbH c/- Corrs Chambers Westgarth, 8 Chifley, 8-12 Chifley Square, Sydney NSW 2000, Fax: (02) 9210 6611.

23. Legal disputes

If a dispute arises between you and eBay, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. We strongly encourage you to first contact us to seek a resolution. If your dispute is not resolved by contacting Customer Service, all legal notices and formal disputes should be sent to eBay's registered agent in accordance with Clause 22 above. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Law and forum for legal disputes
This Agreement will be governed in all respects by the laws of New South Wales. We encourage you to try and resolve disputes using certified mediation (such as online dispute resolution processes). If a dispute cannot be resolved then you and eBay irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

24. Additional terms

It is important to read and understand all our policies as they provide the rules for trading on the eBay site. You should read the eBay rules and policies overview to see the rules that apply to you. In addition there may be specific policies or rules that apply, and it is your responsibility to check our Help pages and policies to make sure you comply.

Our policies, including all policies referenced in them, are part of this Agreement and provide additional terms and conditions related to specific services offered on our sites, including but not limited to:

Each of these policies may be changed from time to time. Changes take effect when we post them on the eBay.com.au site. When using particular services on our sites, you are subject to any posted policies or rules applicable to services you use through the sites, which may be posted from time to time. All such policies or rules are incorporated into this User Agreement.

25. General

eBay is located at Helvetiastrasse 15/17, 3005 Bern, Switzerland.

If any provision of this Agreement is held to be invalid or unenforceable, such provision will be severed and the remaining provisions will remain in effect. In our sole discretion, we may assign our rights and obligations under this Agreement to another entity. Headings are for reference purposes only and do not form part of this Agreement. Our failure to act on a breach by you or others doesn't waive our right to act on subsequent or similar breaches.

We may amend this Agreement at any time by posting the amended terms on eBay.com.au. We will also notify you of any material amendments through eBay Messages - opens in new window or tab (in My eBay) or directly to the email address linked to your account. Except as stated elsewhere, all amended terms will automatically be effective 30 days after they are initially posted. If you do not accept the changes you should close your account in accordance with Clause 18 of this Agreement.

This Agreement contains the entire understanding and agreement between you and eBay. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content, Liability, Indemnity and Legal Disputes.

 

 

Previous User Agreement

Previous eBay User Agreement (revised on 29 May 2018 and effective for existing users until 27 November 2018).

In this User Agreement:

  • "eBay" means eBay International AG until 31 May 2018, and starting on 1 June 2018 it means eBay Marketplaces GmbH.
  • "eBay services" means the eBay.com.au website and any related eBay service or tool.

1. Introduction

Welcome to eBay. By using the eBay services, you agree to the following terms with eBay. If you have any questions, please contact Customer Service.

This Agreement is effective on 28 June 2018 for all users and upon acceptance for new users.

The entity you are contracting with is:

  • eBay International AG, Helvetiastrasse 15/17, 3005 Bern, Switzerland until 31 May 2018, and starting on 1 June 2018 it is eBay Marketplaces GmbH, Helvetiastrasse 15/17, 3005 Bern, Switzerland if you reside in Australia;
  • eBay Inc., 2025 Hamilton Ave., San Jose, CA 95125 if you reside in the United States;
  • eBay (UK) Limited, 5 New Street Square, London, EC4A 3TW, United Kingdom, if you reside in the United Kingdom;
  • eBay Europe S.à r.l., 22-24 Boulevard Royal, L-2449 Luxembourg until 30 April 2018, and starting on 1 May 2018 it is eBay GmbH, Albert-Einstein-Ring 2-6, 14532 Kleinmachnow, Germany. if you reside outside the United Kingdom but within the European Union;
  • eBay Canada Limited, 500 King Street West, Suite 200, Toronto, ON M5V 1L9, Canada, if you reside in Canada;
  • eBay Singapore Services Pte Ltd, 10 Collyer Quay, #10-01 Ocean Financial Centre, Singapore 049315, if you reside in India;
  • eBay International AG, Helvetiastrasse 15/17, 3005, Bern, Switzerland if you reside in any other country until 31 May 2018, and starting on 1 June 2018 it is eBay Marketplaces GmbH, Helvetiastrasse 15/17, 3005 Bern, Switzerland.

2. Scope

Before using the eBay services, you must read and accept all of the terms in, and linked to, this User Agreement ("Agreement") and the eBay User Privacy Notice. We strongly recommend that, as you read this User Agreement, you also access and read the hyperlinked information. By accepting this User Agreement, you agree that this User Agreement and User Privacy Notice will apply whenever you use the eBay services, or when you use the tools we make available to interact with the eBay services. If you use an eBay site other than eBay.com.au, you acknowledge that you will need to accept and be bound by the terms of that site. Some eBay services may have additional or other terms that we provide to you when you use those services.

3. Using eBay

While using the eBay services, you will not:

  • post content or items in inappropriate categories or areas on our sites and services;
  • infringe any laws, third party rights or our policies, such as the prohibited and restricted items policies;
  • use the eBay services if you are not able to form legally binding contracts, are under the age of 18 or are suspended from using the eBay services;
  • fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made or you cannot authenticate the seller's identity;
  • fail to deliver items purchased from you, unless the buyer fails to meet the posted terms or you cannot authenticate the buyer's identity;
  • manipulate the price of any item or interfere with other users' listings;
  • circumvent or manipulate our fee structure, the billing process, or fees owed to eBay;
  • post false, inaccurate, misleading, defamatory or offensive content (including personal information);
  • take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information or using it for purposes unrelated to eBay);
  • transfer your eBay account (including Feedback) and user ID to another party without our consent;
  • distribute or post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes;
  • distribute viruses or any other technologies that may harm eBay or the interests or property of eBay users;
  • export or re-export any eBay tools except in compliance with the export control laws of any relevant jurisdictions;
  • copy, modify or distribute rights or content from the eBay services or eBay's copyrights and trademarks; or
  • harvest or otherwise collect information about users, including email addresses, without their consent.

4. Abusing eBay

eBay and its community of users ("the Community") work together to keep our sites and services working properly and the Community safe. Please report problems, offensive content, and policy violations to us.

eBay's Verified Rights Owner (VeRO) Program works to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been violated, please notify our VeRO team and we will investigate.

Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to the eBay services, delay or remove hosted content, remove, delete, modify or not display listings, apply fees and/or recover our expenses for policy monitoring and enforcement, and/or take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, policies related to shill bidding, conducting off-eBay transactions, Feedback manipulation, circumventing temporary or permanent suspensions or users who we believe are harassing our employees or other users). Additionally, we may, in appropriate circumstances and at our reasonable discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue eBay services.

If you are a seller and you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of eBay, you may be liable to pay a final value fee applicable to that item.

5. Fees and services

Joining eBay and bidding on listed items is free. We do charge fees for using other services, such as listing items. When you list an item or use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our Fees schedule, which we may change from time to time. Changes to that schedule are effective after we provide you with at least fourteen days' notice by posting the changes on the eBay site. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites.

If you are a seller, you are liable for transaction fees arising out of all sales made using some or all eBay services, even if sales terms are finalised or payment is made outside of eBay. In particular, if you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of eBay, you will be liable to pay a final value fee applicable to that item. Sellers must meet eBay's minimum performance standards. Failure to meet these standards may result in eBay charging you additional fees, and/or limiting, restricting, suspending, or downgrading your seller account.

Unless otherwise stated, all fees are quoted in Australian Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel and, for accounts over 180 days past due, deducting the amount owed from your PayPal account balance or using any credits on your account.)

6. Content

When you upload content to the eBay website or otherwise give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all intellectual property rights (including copyright and trademark rights you have in the content, in any media known now or in the future and for any other purpose.

If you are the author of that content, you also irrevocably and unconditionally consent, to the maximum extent permitted by law (either present or future), to eBay and its licensees, contractors, assignees and successors, and their licensees and any other person authorised by any of them (“eBay Authorised Persons”):

(a) disclosing, reproducing, copying, adapting, publishing, performing, exhibiting, communicating, renting, transmitting or otherwise using the content (and any adaptation or part of the content) anywhere in the world:

(i) in whatever form and in whatever circumstances eBay and the eBay Authorised Persons think fit, including adding to or otherwise altering the content (or any adaptation or part of the content); and

(ii) without making any identification of you as the author in relation to the content (or any adaptation or part of the content); and

(b) doing anything or omitting to do anything in relation to the content (or any adaptation or part of the content) anywhere in the world that would otherwise infringe the moral rights, or any similar non-assignable, personal rights, that you might have.

For the convenience of sellers, we may offer catalogues of stock images, descriptions and product specifications that are provided by third parties (including eBay users). You may use catalogue content solely in connection with your eBay listings during the time your listings are on eBay's sites.

While we try to offer reliable data, we cannot promise that the catalogues will always be accurate and up-to-date, and you agree not to hold our catalogue content providers or us responsible for inaccuracies in catalogues. If you choose to include catalogue content in your listings, you continue to be fully responsible for your listings and for ensuring that your listings are accurate, do not include misleading information and comply with this User Agreement and all eBay policies. The catalogues may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included with the catalogues or create any derivative works based on catalogue content (other than by including them in your listings).

7. Trading on eBay and limitation of liability

While we strive to maintain a safe trading environment you accept that there are unfortunately sometimes risks when trading online and using our sites, including dealing with underage or fraudulent persons. You will not hold eBay responsible for other users' content, actions or inactions, items they list or their destruction of allegedly fake items. You acknowledge that we are not an auctioneer. Instead, our sites are venues to allow anyone to offer, sell, and buy just about anything, at any time, from anywhere, in a variety of pricing formats and locations, such as Stores, fixed price formats and auction-style formats. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users' content or listings, the ability of sellers to sell items, the ability of buyers to pay for items or that a buyer or seller will actually complete a transaction or return an item. You should consider and use all of our suggested safe trading guidelines when trading online, including our safe trading tips for buyers and tips for sellers on avoiding transaction problems.

When you enter into a transaction you create a legally binding contract with another user, unless the item is listed in a category under the Non-binding bid policy. You must ensure that you comply with your obligations to that other member and are aware of any laws relevant to you as a buyer or seller. If another member breaches any obligation to you, you – not eBay – are responsible for enforcing any rights that you may have.

You alone, and not eBay, are responsible for ensuring that your listing, bidding and selling and any other activities conducted on our site are lawful. You must ensure that you comply with all applicable laws in Australia and other countries. You must also ensure that you strictly comply with this Agreement and the policies which form part of the Agreement.

We do not take ownership of the items at any time and do not transfer legal ownership of items from the seller to the buyer. Further, we cannot guarantee continuous or secure access to the eBay services, and their operation may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use the eBay services.

To the extent that eBay is able to limit the remedies available under this Agreement, eBay expressly limits its liability for breach of a non-excludable statutory guarantee to the following remedies:

  • the supply of the services again; or
  • the payment of the cost of having the services supplied again.

8. Release

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint venturers and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

9. Breach

Without limiting other remedies available to eBay at law, in equity or under this Agreement, we may, without notice to you and in our sole discretion (which shall be exercised reasonably, having regard to the circumstances), delay listing your item, delete your listing, issue you a warning, restrict your activities through our site (including but not limited to buying, selling and posting activities), temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you, or require you to pay additional fees if:

  • you have, or we believe that you have, breached this Agreement, which includes any of our Policies in any way (including those Policies referred to in Clause 24 below);
  • we are unable to verify or authenticate any information you provide to us;
  • we believe that your actions may cause loss or damage to or otherwise unlawfully harm you, our users, third parties or us, our related bodies corporate or affiliates, our directors, employees or agents; or
  • if we reasonably believe that any of your information (which includes an item listed on the site) is inappropriate or of an offensive nature.

For security, confidentiality and privacy reasons, we are not obligated to provide you or other members the details of any investigation that we conduct or any action which we take, in relation to your membership or your account other than those that are already provided to you by us.

10. Returns and eBay Money Back Guarantee

Buyers can request a return or report that they didn't receive an item from their Purchase history - opens in new window or tab.

If the buyer is requesting to return an item for "change of mind" (or "remorse") reasons, the seller's return policy as stated in the listing will apply – including which party is responsible for return postage costs. Sellers may exercise their discretion to accept or deny a remorse return request if it falls outside their return policy.

If an item is not received or differs significantly from the listing, the eBay Money Back Guarantee policy, which is part of this User Agreement and incorporated by reference, will apply. As stated in the policy, the cost of return postage for an item that is significantly not as described will usually be the seller's responsibility.

Buyers and sellers agree to comply with the eBay Money Back Guarantee policy and Condition of returned items policy and acknowledge that we may automate some aspects of the returns process. You also acknowledge and agree that we may exercise our reasonable discretion to make a final decision on any case – including an item returned for remorse reasons – where a buyer and seller cannot come to agreement. If we resolve a case in the buyer's favour, the seller will be required to issue a full refund to the buyer (including original postage costs), either by automatic reversal of the transaction from the seller's PayPal account, or by reimbursing eBay in cases where we refunded the buyer directly.

As a seller, you authorise and instruct us:

  • to automatically accept a return request on a your behalf and provide a return postage label to the buyer, for return requests that fall within your returns policy or the eBay Money Back Guarantee policy;
  • to place return postage costs on your seller invoice, in cases where you are responsible for paying return postage;
  • to request PayPal to reverse the refund amount (in same or other currency) from your PayPal account in cases where the transaction is cancelled or the buyer returns an item in accordance with your listing's return policy;
  • to request PayPal to collect or reverse variable amounts (representing payments related to covered claims) from your PayPal account to carry out a buyer reimbursement, including amounts in other currency holdings where you do not have sufficient funds available in the transaction currency;
  • to request PayPal to restrict your access to funds (the restriction will apply up to a sum equivalent to the cost of the item and original postage costs paid by the buyer) in your PayPal account at any point during the resolution process (which may result in PayPal determining to restrict funds in your PayPal account in order to manage PayPal's risk exposure pursuant to PayPal policies – see clause 11: Restricting funds);
  • to recover the amount we pay to the buyer (in cases where we refund the buyer directly) by placing the reimbursement amount on your seller invoice and charging the payment method you selected; and
  • to use credits on your account to pay for amounts you owe to eBay.

You acknowledge and agree that your authorisations above will or may be made on a recurring basis and on various dates as required by us to facilitate returns on eBay and implement the terms of the eBay Money Back Guarantee policy.

You must have a payment method on file with eBay and you may change this payment method - opens in new window or tab at any time. If you do not provide eBay with a valid payment method, we may collect the outstanding sums using other collection mechanisms, including retaining collection agencies.

We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the eBay Money Back Guarantee refund or reimbursement.

As a buyer, you will be precluded from bringing an eBay Money Back Guarantee claim if you already have made or are making a claim with PayPal in respect of the same transaction. We may suspend the eBay Money Back Guarantee in whole or in part without notice if we suspect abuse or interference with the proper working of the policy, or for commercial reasons.

Certain categories of items are excluded from the eBay Money Back Guarantee, and other conditions apply. Please refer to the eBay Money Back Guarantee policy for more details.

11. Restricting funds

To protect against the risk of liability, eBay may request, and you agree to authorise the request, that PayPal restrict access to funds in a seller's PayPal account based on certain factors, including, but not limited to, selling history, seller performance, returns, riskiness of the listing category or the filing of a case. This may result in PayPal determining to restrict funds in your PayPal account in order to manage PayPal's risk exposure pursuant to PayPal policies.

12. Click & Collect at Woolworths Service

The Click & Collect at Woolworths Service is an eBay service that allows a person to opt to collect goods they purchase on eBay websites at selected retail outlets operated by Woolworths and its related bodies corporate ("Woolworths"). You must not misrepresent the Click & Collect Service as your own service (whether through direct hyperlink, advertising, promotions or any other means) or advertise or promote the Click & Collect Service in a manner not approved by Woolworths and eBay in writing.

For the purposes of the Click & Collect Service, Woolworths, like us, is not involved in the actual transaction between buyers and sellers made on eBay.com.au or other eBay websites and has no control over the acts or omissions of users of the eBay services or their agents. Accordingly, to the extent permitted by Law, Woolworths excludes any and all liability (whether in contract, tort, statute, equity or otherwise) arising out of or in connection with the eBay services, including the Click & Collect Service, and including any Indirect Loss suffered paid or incurred in connection with the Click & Collect Service. "Indirect Loss" means loss of profit, loss of revenue, loss of goodwill, loss of reputation, loss of anticipated savings, loss of opportunity, loss of use and any other loss or damage not arising naturally and according to the usual course of things from the relevant breach, act or omission whether or not such loss or damage may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the relevant breach, act or omission.

If its liability cannot be excluded by law, Woolworths' liability is limited, at its discretion and to the extent permitted by law, to the re-supply of those parts of the Click & Collect Service for which it is responsible or to the payment of the cost of re-supplying those services.

eBay enters into this clause on behalf of Woolworths as its agent. You agree that Woolworths may enforce this clause directly against you in consideration of it making its retail outlets available to you in connection with the Click & Collect Service.

13. eBay Plus

eBay Plus is an eBay service that allows eBay customers to pay an annual membership fee and receive member-only benefits, such as free delivery and free returns on eBay Plus purchases.

eBay Plus as a buyer
When you join eBay Plus as a buyer, you accept and agree to the eBay Plus Terms and Conditions - opens in new window or tab, which are part of this User Agreement and incorporated by reference.

eBay Plus as a seller
eBay will display the "eBay Plus" logo on eligible listings based on criteria determined by eBay. eBay does not guarantee that the eBay Plus logo will appear on your listing. By using the eBay services, sellers acknowledge and agree that eBay's decision as to which items the eBay Plus logo is displayed on is final. Sellers cannot opt out of eBay Plus or elect to not show the eBay Plus logo on their items.

You must not misrepresent the eBay Plus service as your own service (whether through direct hyperlink, advertising, promotions or any other means), nor advertise or promote the eBay Plus service in a manner not approved by eBay in writing.

14. Access and interference

The sites contain robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to eBay by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the eBay services for any purpose without our express written permission.

Additionally, you agree that you will not:

  • take any action that imposes or may impose (in our sole discretion, exercised reasonably) an unreasonable or disproportionately large load on our infrastructure;
  • copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your information) from the sites without the prior express written permission of eBay and the appropriate third party, as applicable;
  • interfere or attempt to interfere with the proper working of the sites, services or tools, or any activities conducted on or with the sites, services or tools; or
  • bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.

15. Listing conditions

By listing an item on eBay's sites, you agree to pay eBay's fees for the listing, assume full responsibility for the content of the listing and item offered, and accept the following listing conditions:

  • When you list an item on eBay's sites, your listing will be posted on eBay's sites and can be viewed in My eBay - opens in new window or tab.
  • Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances), so eBay can't guarantee exact listing durations.
  • We may revise data in the eBay product catalogue to supplement, remove, or correct information; if your listing uses catalogue data that has been revised, those revisions may modify your listing accordingly.
  • Where your listing appears in search and browse results may be based on certain factors including listing format, title, bidding activity, end time, keywords, price and postage cost, Feedback and detailed seller ratings. Learn more about where your listings appear in search and browse results.
  • Your listing will, at all times, comply with eBay rules and policies, including listing rules.
  • You must list your item in the most relevant category. When you list an item in two categories and there is a difference in final value fees between the categories, the higher final value fee will apply when your item sells.

16. Selling internationally

You may be able to sell your items internationally by listing items for sale directly on one or more of eBay's international sites or where you choose to list items with an international postage option. You agree that we may display your listing on an eBay site other than the eBay site where you listed your item for sale, including those situations where you choose to list items with an international postage option (such as worldwide postage). However, you may restrict international buyers from purchasing your items if you explicitly exclude international postage locations from your listings or by creating and applying an exclusion list to your listings.

You agree that 1) a buyer on a eBay site other than your eBay site of registration makes a successful claim against you under an eBay buyer protection program on the eBay site where your item is sold; and 2) eBay makes a payment to the buyer in respect of this claim, then eBay may recoup this money from you. If you have a PayPal account, the funds will be deducted from your PayPal account, eBay may charge the automatic payment method (if any) that you have on file with your eBay site of registration (such as a credit card or, if PayPal is your automatic payment method, any payment methods or funding sources linked to your PayPal account). If your item is sold to a buyer on an eBay site other than your eBay site of registration, you agree to be subject to that other site's User Agreement and policies with respect to that particular purchase. You are responsible for complying with all laws and regulations applicable to the sale and delivery of items to international buyers and are responsible for paying all fees and applicable taxes or charges associated with eBay sites and services such as GST or VAT.

17. GST on low value imports

From 1 July 2018, Australian Goods and Services Tax (GST) applies to the sale of low value goods (i.e. goods valued at AU $1,000 or less) imported by consumers into Australia.

eBay is considered an Electronic Distribution Platform (EDP) under the relevant legislation and therefore responsible for collecting the GST on low value imports and paying it to the Australian Government. This means that from 1 July 2018, eBay will add GST at checkout on all imports with an order value less than AU $1,000 and remit the GST to the Australian Taxation Office (ATO). We will not collect GST on orders over AU $1,000.

If you are a seller with products located outside Australia, you don't have to collect GST nor remit anything to the ATO in regards to your eBay sales. Any GST that applies for low value goods bought on eBay and imported into Australia is added to the order price and collected by eBay from buyers, then remitted directly to the ATO. You still receive payment for your orders as normal However, you acknowledge and agree that 1) your prices may appear 10% higher to buyers than before if their delivery address is in Australia; and 2) we won't report GST collected to you, although we will indicate on the order details page if GST was collected by eBay.

As a seller, you must not misrepresent the location of your items on eBay and you must comply with eBay's Selling practices policy. Sellers found in violation of this policy may be subject to listing removal, warnings and suspension by eBay.

If you are a buyer, you may see "GST may apply" when viewing items on eBay that are located overseas. You acknowledge and agree that if you buy a low value item on eBay from outside Australia, you will be charged 10% GST on top of the seller's item price (applied in your cart and at checkout). If there is any dispute as to the GST you have paid on an order, you should contact eBay. If you receive a full or partial refund for your purchase, you will also receive a refund for the proportionate amount of GST.

Our Tax policy contains more detail about when we charge GST on eBay. If you have any questions or require more information, please contact the Australian Taxation Office - opens in new window or tab or seek independent tax advice.

18. Closing your account

You may close your eBay account at any time, subject to:

  • not having any outstanding items listed on the website; and
  • resolving any outstanding matters (such as a suspension or restriction on your account); and
  • paying any outstanding fees owing on the account.

19. Privacy

We do not provide your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the eBay User Privacy Notice. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us - opens in new window or tab and choose not to receive certain communications - opens in new window or tab by signing in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the eBay User Privacy Notice. If you object to your information being transferred or used in this way please do not use our services.

Privacy of Others; Marketing
If eBay provides you with information about another user you agree you will use the information only for the purposes it is provided to you. You may not disclose, sell, rent or distribute a user's information to a third party for purposes unrelated to the Services. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.

20. Indemnity

You will indemnify us (and our officers, directors, agents, subsidiaries, joint venturers and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party in the course of using the eBay services.

21. No agency

eBay is not your agent for any purpose in relation to this Agreement or your use of the eBay services.

22. Notices

Legal notices must be served on eBay's registered agent (in the case of eBay) or to the email address you provide to eBay during the registration process (in your case). Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing.

Any notices to eBay's registered agent must be given by registered ordinary post (or if posted to or from a place outside Australia, by registered airmail) or by facsimile transmission to eBay International A.G., c/- Corrs Chambers Westgarth, 8 Chifley, 8-12 Chifley Square, Sydney NSW 2000, Fax: (02) 9210 6611 until 31 May 2018; and from 1 June 2018 to eBay Marketplaces GmbH c/- Corrs Chambers Westgarth, 8 Chifley, 8-12 Chifley Square, Sydney NSW 2000, Fax: (02) 9210 6611.

23. Legal disputes

If a dispute arises between you and eBay, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. We strongly encourage you to first contact us to seek a resolution. If your dispute is not resolved by contacting Customer Service, all legal notices and formal disputes should be sent to eBay's registered agent in accordance with Clause 22 above. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Law and forum for legal disputes
This Agreement will be governed in all respects by the laws of New South Wales. We encourage you to try and resolve disputes using certified mediation (such as online dispute resolution processes). If a dispute cannot be resolved then you and eBay irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

24. Additional terms

It is important to read and understand all our policies as they provide the rules for trading on the eBay site. You should read the eBay rules and policies overview to see the rules that apply to you. In addition there may be specific policies or rules that apply, and it is your responsibility to check our Help pages and policies to make sure you comply.

Our policies, including all policies referenced in them, are part of this Agreement and provide additional terms and conditions related to specific services offered on our sites, including but not limited to:

Each of these policies may be changed from time to time. Changes take effect when we post them on the eBay.com.au site. When using particular services on our sites, you are subject to any posted policies or rules applicable to services you use through the sites, which may be posted from time to time. All such policies or rules are incorporated into this User Agreement.

25. General

eBay is located at Helvetiastrasse 15/17, 3005 Bern, Switzerland.

If any provision of this Agreement is held to be invalid or unenforceable, such provision will be severed and the remaining provisions will remain in effect. In our sole discretion, we may assign our rights and obligations under this Agreement to another entity. Headings are for reference purposes only and do not form part of this Agreement. Our failure to act on a breach by you or others doesn't waive our right to act on subsequent or similar breaches.

We may amend this Agreement at any time by posting the amended terms on eBay.com.au. We will also notify you of any material amendments through eBay Messages - opens in new window or tab (in My eBay) or directly to the email address linked to your account. Except as stated elsewhere, all amended terms will automatically be effective 30 days after they are initially posted. If you do not accept the changes you should close your account in accordance with Clause 18 of this Agreement.

This Agreement contains the entire understanding and agreement between you and eBay. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content, Liability, Indemnity and Legal Disputes.

Was this article helpful for you?