Pre-loved Partner Program – Terms and Conditions

These Terms and Conditions (“T&Cs”) govern your participation in the Pre-loved Partner Program (the “Program”). The Program is provided by eBay Marketplaces GmbH (ABN 64 652 016 681) Helvetiastrasse 15/17, 3005 Bern ("eBay").

By participating in the Program, you agree to comply with these T&Cs and with all applicable eBay Policies. 

Eligible items may display a “Pre-loved Partner Program” label and blue tick badge on the eBay Site. eBay may update the Program requirements, rename the Program, or change how the badge is displayed from time to time.

By joining the Program, you acknowledge that participation is conditional on meeting the Program eligibility criteria and continuing to comply with these T&Cs.

 

1. Definitions

Buyer: means an eBay buyer who commits to buy an item listed by Seller included in Program.

Consumer Laws: means The Australian Consumer Law as set out at Schedule 2 to the Australian Competition and Consumer Act 2010 (Cth), any relevant State or Territory equivalent, and all other applicable laws and regulations relating to consumers in force in Australia from time to time.

eBay Group Company: means an entity that now or in the future, directly or indirectly, controls, is controlled by, or is under common control with eBay Inc. For purposes of the foregoing, “control” shall mean the ownership of more than 50% of the (i) voting power to elect the directors of the company or (ii) ownership interest in said entity.

eBay Policies: means the terms of eBay’s User Agreement, User Privacy Policy and all other policies applicable to eBay sellers and listings on the eBay Site, including but not limited to the prohibited items list, which are incorporated by reference into this Agreement, as each may be updated from time to time. In case of conflict between the eBay policies and this Agreement, this Agreement shall take precedence.

Top Rated: means Top Rated status according to eBay’s Seller Standards Policy as may be updated from time to time.

Eligible Item: means an item listed by you that meets the Program Criteria in Exhibit A

 

2. Participation in the Program

eBay may enrol eligible sellers into the Program at its discretion.

Eligible Items may display a “Pre-loved Partner Program” label and blue tick badge on the eBay Site. eBay does not guarantee the timing, appearance, placement, or continued availability of the badge.

eBay may rename the Program or update these T&Cs (including eligibility criteria) with 30 days’ notice (via email or Message Centre). Continued participation after changes take effect means you accept the updated T&Cs.

 

3. Program Criteria and Seller Obligations

You must comply with the eligibility and listing requirements in Exhibit A - General Program Requirements (the “Program Criteria”):

You must not list counterfeit or infringing items. You are solely responsible for ensuring you are entitled to sell your items without infringing third-party rights. You must provide appropriate evidence of Grading and Cleaning Requirements (set forth in Exhibit A) within 14 days of any request by eBay by providing eBay with documentation or additional images or item details, as requested from time to time.

You must notify eBay immediately of any material change to Seller’s processes to meet the Grading and Cleaning Requirements (set forth in Exhibit A). Sellers shall provide eBay with sufficient information demonstrating that they are able to still meet such requirements and are not negatively impacted by the change.

eBay may, by giving written notice to you (email will be sufficient), remove any or all items from the Program which eBay reasonably deems do not meet or no longer meet the Program Criteria. You shall cooperate with eBay and use best endeavours to meet the Program Criteria for such items to be reincluded to the Program.

 

4. Duration and Opt-out

Effective period. Your participation in the Program begins when the badge is added to your Eligible Items and continues until the badge is removed. Badging is added and maintained based on the eligibility criteria in these T&Cs and the Program Criteria (Exhibit A).

Removal by eBay. eBay may remove you from the Program if you no longer meet the eligibility criteria, by providing at least 30 days’ notice (or immediately in cases of material breach of these T&Cs or eBay Policies). eBay may also remove the badge immediately in the circumstances described in clause Immediate badge removal.

Opt-out by Seller. You may opt out of the Program at any time by contacting Customer Service. eBay will process opt-out requests as soon as practicable and no later than 30 calendar days.[1] 

Immediate badge removal. eBay may remove the badge from your listings immediately if:

• you breach these T&Cs or eBay Policies;
• you fall below Top Rated Seller status (within 30 days); 
• your grading/cleaning processes no longer meet the Program Criteria;  
• you act in a way that contravenes the spirit or intention of the Program.
  

 

5. Compliance and Verification

eBay may, from time to time, request information from you to verify the authenticity of Eligible Items and to confirm that you are entitled to list and sell them (for example, proof of purchase, invoices, supplier documentation or other evidence of lawful ownership). 

You must provide such information within a reasonable timeframe upon request.

Each party will bear its own costs associated with providing or reviewing this information.

 

6. Restrictions

The following are excluded from the Program:

a. any listings not published on the Site;

b. any listings that do not meet the Item Eligibility Criteria set out in the General Program Requirements at Exhibit A;

c. identical listings that don’t comply with eBay’s duplicate listings policy;

d. any items listed that don’t comply with eBay’s Selling policies or prohibited and restricted items policies; and

e. any listings outside the Open Categories.

eBay may also exclude you if your account falls below minimum seller standards or if you act inconsistently with the Program’s purpose.

 

7. Limitation of Liability

eBay is not liable for failures of third parties or technical systems affecting the Program.  Nothing in these T&Cs excludes liability for death or personal injury caused by negligence.  Except as above and under clause 8, each party’s liability is capped at AUD $10,000 in aggregate.  Neither party is liable for lost profits, revenue, or indirect/consequential losses.  Nothing in these T&Cs limits or excludes rights or remedies available under the Australian Consumer Law.

 

8. General

These T&Cs, together with eBay Policies, form the entire agreement about your participation.  Nothing in these T&Cs limits eBay’s rights under its Policies. If there is a conflict, these T&Cs prevail.  eBay may assign these T&Cs to an eBay Group Company. You may not transfer your rights or obligations without eBay’s consent. These T&Cs are governed by the laws of New South Wales. Disputes will be subject to the exclusive jurisdiction of NSW courts. eBay will communicate with you via the email linked to your eBay account or through eBay Messages.  If any part of these T&Cs is found invalid or unenforceable, the rest remains effective. By participating in the Program, you confirm that your items and listings comply with applicable laws, eBay Policies and the Program Criteria, and that you are authorised to sell the items you include in the Program. You are responsible for your participation in the Program. If your actions cause eBay to face a claim, loss or cost, you agree to cover those losses, except to the extent caused by eBay’s own negligence or misconduct.  Nothing in these T&Cs limits or excludes rights or remedies available under the Australian Consumer Law.

 

Exhibit A: General Program Requirements

Requirement Category	Details
1. Item Eligibility Criteria	Eligible Items must: a) be listed on the eBay Site; b) be listed in the item categories on the Site which are open and approved for the Program by eBay when applicable (“Open Categories”); and c) be listed with ‘Used’ item condition as defined on the eBay Site. Open Categories include the following item categories: Category Name Category ID Women's Accessories 4251 Baby Accessories 163222 Baby Shoes 147285 Kids Backpacks & Bags 260988 Boys 260013 Girls 260015 Unisex Kids 260017 Men's Accessories 4250 Men's Clothing 1059 Men's Shoes 93427 Dancewear & Accessories 112425 Fancy Dress & Period Costume 163147 Other Clothes, Shoes & Accessories 312 Vintage Clothing & Accessories 175759 Wedding & Formal Occasion 3259 World & Traditional Clothing 155240
2. Listing and Image Guidelines	All listings of Eligible Items must include: a) comprehensible and complete item descriptions in English with precise information, which will contain at least the following contents: i    any defects or imperfections on the item; ii   functionality of zips, buttons and pockets; iii  any modifications made to the item from its original condition; and iv  packaging (whether original packaging or seller’s own packaging). b) at least six (6) high-resolution images that comply with the eBay images, videos and text policy and show at least the following parts of the item: i    Full view (i.e. full length) ii   Any defects (e.g. factory flaw etc.) or wear and tear (e.g. stains, holes/tear) iii  Front iv  Back v   Zippers/buttons, vi  Labels unless otherwise approved by eBay in writing, all images must depict the item against a clear background and may not contain a watermark. c) mandatory information required undere eBay Policies or legal requirements, including seller’s return policy, the correct indication of any included taxes or applicable import or customs fees, fees and other costs (if applicable).
3. Grading and Cleaning Requirements	You must perform a physical review of each item, checking its condition and quality, before it is listed on the eBay Site, including but not limited to: a) review the condition and quality of the item, including but not limited to: i. bobbling; ii. fading; iii. stretching or distortion of the fabric; iv. marks; or v. stains. b) ensure that any zips, buttons, and pockets are fully functionable; c) ensure that the fabric does not have any fraying, rips, or holes, or if it does that these features are part of the design of the item. If the item does have fraying, rips or holes and it is a part of the design of the item, then each of these features must be pictured and added to the item description; and d) ensure the item is clean and there is no odour to the garment.
4. Shipping and Returns	You must offer for all Eligible Items: a) return policy (of at least 30 days).
5. Seller Status	From the date the Seller joins the Program, You must: a) obtain or already have and maintain the eBay Top Rated Seller status; b) have Buyer feedback rating greater than 98%; c) have an ‘item not as described’ rate no greater than 4%; and d) have an ‘item not received’ rate no greater than 1%.
6. Price	a) You agree to list Eligible Items on the Site at a price that is the same or lower than the price offered by Seller to consumers for such items via Seller’s own website. b) You agree to list Eligible Items on the Site at an attractive price when compared to an equivalent item in brand new condition.