Refurbished Terms and Conditions

These terms and conditions (“Refurbished T&Cs”) apply to the eBay Refurbished Program (“Program”) whereby Sellers can offer certain refurbished items for sale on eBay.com.au (the “Site”). By accepting these Refurbished T&Cs, the Seller agrees to also comply with eBay’s User Agreement, User Privacy Notice and eBay’s rules and policies (collectively "eBay Policies"). 

In these Refurbished T&Cs, "eBay" means eBay Marketplaces GmbH and its affiliates and subsidiaries. The Seller warrants that they are duly authorised to accept and be bound by these Refurbished T&Cs.

1. Procedure

In order to participate in the Program, sellers must apply by completing the Application Form accessible via the eBay Refurbished Program page on the Seller Centre (“Application Form”), be confirmed as eligible, and be accepted into the Program by eBay via email.

2. Program Eligibility

a) The Program is open to business sellers who:

i) are registered on the Site;

ii) meet the eligibility requirements set out in Exhibit A of the Refurbished T&Cs or are otherwise invited to participate in the Program by eBay; and

iii) agree to comply with the Refurbished T&Cs;

(“Seller(s)”).

3. Acceptance

Sellers will be notified by eBay via email if they have been accepted into the Program. Upon acceptance, Sellers will be able to select the appropriate Item Condition (as defined below) for each of their listed items that meets the description of that item condition. Participation is linked to the Seller’s eBay account and is not transferable.

4. Program Criteria

a) The Seller will comply with the following criteria:

i) items must be listed in the item categories on the Site which are approved for the Program by eBay (“Open Categories”) available here;

ii) items must be listed with one of the following item conditions for the Program (“Program Item Conditions”): Certified Refurbished, Excellent, Very Good and Good. Items must also meet the corresponding condition grading criteria (“Program Grades”) available here; and

iii) the seller and their items must meet the General Program Requirements set out in Exhibit A below (“General Program Requirements”);

(together, the “Program Criteria”).

 

b) eBay may add additional Open Categories from time to time by updating the page linked in clause 4(a)(i) which forms part of these Refurbished T&Cs and will provide Sellers with written notice of any such change in accordance with clause 12(d). If the Seller has any refurbished items listed on the Site in these new Open Categories and wishes to be included in the Program in respect of those items in the new Open Category, the Seller must:

(i) submit a new Application Form;

(ii) be confirmed as eligible for the Program;

(iii) be accepted into the Program by eBay in respect of the new Open Category; and

(iv) update their listings to meet the Program Criteria by the date specified in any notification provided by eBay. If the Seller does not complete these steps, the item condition of any listings in the new Open Category that are not updated by this date shall be amended to “Used”

 

c) The Refurbished tick badge will be automatically applied to the listings of the Seller’s items which meet the Program Criteria (“Eligible Items”) on relevant pages (for example, the view item and search results pages) on the Site.

5. Seller Obligations and Warranties

a) The Seller will:

i) not list any item in the Program that does not comply with the Program Criteria;

ii) not relist any item in the Program that eBay has deemed not to comply with the Program Criteria;

iii) comply with all applicable laws and eBay Policies when carrying out activities in connection with the Program; and

iv) immediately notify eBay of any material change to the Seller’s refurbishing capabilities and provide eBay with sufficient information demonstrating that Seller’s approved refurbishing capabilities are not negatively impacted by the change.

 

b) The Seller represents and warrants that:

i) their activities in connection with the Program, including the Required Warranty offered to buyers, complies with all applicable laws (including but not limited to the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth));

ii) the Eligible Items comply with the requirements under these Refurbished T&Cs, including the Program Criteria, at all times while the Seller is participating in the Program;

iii) the Eligible Items and the corresponding listings for those items will not: (a) infringe any third-party intellectual property rights (including but not limited to trademark, copyright and design rights); (b) contain any misleading representations; (c) breach any privacy laws; (d) constitute a misuse of any Confidential Information of a third party; or (e) be defamatory, abusive or offensive; and

iv) the Required Warranty offered to buyers complies with the requirements under clause 7 (Warranty for Eligible Items).

6. Right to Review

a) eBay reserves the right to review whether the Seller is compliant with the Program Criteria, including the General Program Requirements, at any time ("Review").

b) Upon eBay’s request, the Seller will provide eBay with evidence that they comply with the Program Criteria. This can include evidence of the Seller’s refurbishing capabilities, the refurbishing process, and product quality (e.g., submitting suitable items to eBay for inspection, which eBay will then return (if required) or submitting high-resolution images of the items and the refurbishing process).

c) eBay and the Seller may agree in writing (including by email) on a specific process or procedure for the Review.

d) eBay and the Seller shall bear their own costs and expenses (if any) incurred in the Review.

7. Warranty for Eligible Items

a) The Seller must offer a 12-month warranty with each Eligible Item (“Required Warranty”). The Required Warranty must, as a minimum:

i) apply automatically;

ii) be offered to the buyer free of charge; and

iii) comply with all applicable laws and be consistent with or in addition to consumer guarantees available under the Australian Consumer Law.

 

b) With respect to the Required Warranty, the Seller must:

i) ensure that it is set out fully, clearly and in plain English in the listing of the Eligible Items;

ii) deliver on the terms of their Required Warranty and only reject buyer claims on the basis that the claim falls outside the scope of the Required Warranty;

iii) notify eBay in writing (including by email) when rejecting any claims by the buyer under any applicable Required Warranty, providing sufficient explanation for rejection; and

iv) not engage in any misleading conduct in relation to consumer guarantees in connection with the Required Warranty.

8. Confidentiality

a) “Confidential Information” means all information (whether in written, electronic or oral form) disclosed or made accessible by one party (the “Disclosing Party”) to the other party (the “Receiving Party”), or its officers, directors, employees, consultants, contractors, subcontractors, agents, advisors and other representatives of such party (“Representatives”) under the Refurbished T&Cs or for purposes of the Program that is not generally known to the public and that is designated as confidential or otherwise should reasonably be understood as confidential given the nature and circumstances of its disclosure. Confidential Information shall not include information (i) that is or becomes publicly available through no act or omission of the Receiving Party; (ii) rightfully disclosed to the Receiving Party by a third party not bound by any confidentiality obligation with respect to such information; (iii) developed by the Receiving Party independent of any of the Disclosing Party’s Confidential Information; or (iv) that is rightfully in the possession of the Receiving Party and not subject to any duty of confidentiality.

b) The Receiving Party may use the Confidential Information solely for purposes of the Program. No other use will be made of the Confidential Information by the Receiving Party or its Representatives, it being recognised that the Disclosing Party has reserved all rights to the Confidential Information not expressly granted herein. The Receiving Party shall, and shall cause its Representatives to, protect the Confidential Information by using the same degree of care, but no less than a reasonable degree of care, to prevent the unauthorised disclosure of such Confidential Information as the Receiving Party uses to protect its own confidential information of a like nature.

c) The Receiving Party shall not, and shall cause its Representatives not to directly or indirectly disclose, copy, distribute, republish or allow any third party to have access to any Confidential Information without the prior written consent of the Disclosing Party. 

d) The Seller shall not make any public statement or press release regarding the Refurbished T&Cs and the Program or any aspect thereof without the prior written approval of eBay.

9. Termination

a) The Seller may terminate their participation in the Program at any time upon at least seven (7) days prior written notice to the other party.

b) eBay may terminate the Seller’s participation in the Program at any time in its absolute discretion, where:

i) the Seller violates any of the terms of the Refurbished T&Cs (including not meeting the Program Criteria or the Required Warranty requirements); or

ii) eBay terminates the Program.

c) If eBay terminates the Seller’s participation in the Program under this clause or the Seller’s items do not meet the Program Criteria, the Seller’s items will no longer be Eligible Items. Such items will be removed from the Site and the Seller will need to update the item condition shown on those listings accordingly.

d) The Seller may seek a review of eBay’s decision to terminate its participation in the Program under this clause by emailing refurbishedau@ebay.com within thirty (30) days of the notification provided by eBay under clause 9(c).

e) Clauses 7 (Warranty for Eligible Items), 8 (Confidentiality), 9 (Termination), 10 (Limitation of Liability), 11 (Indemnity) and 12 (General) will survive the expiration or termination of these Refurbished T&Cs.

10. Limitation of liability

a) eBay makes no representations or warranties of any kind regarding any product or service provided by any third party in connection with the Program.

b) eBay shall not be liable, in contract or tort (including negligence) or the breach of statutory duty or in any other way, for the loss or damage howsoever incurred by the seller resulting directly or indirectly from entry to or participation in the Program. Nothing in these terms shall limit eBay's liability for death or personal injury resulting from negligence or fraud. 

c) eBay will not be responsible for any third party's performance or failure to perform any services related to the Program, or for any costs, damages, accident, delay, injury, loss, expense, or inconvenience that may arise in connection with the use of the Program, provided that nothing shall limit eBay's liability for death or personal injury caused by its negligence. 

d) eBay is not liable for any lost or delayed acceptance into the Program due to any problems or technical malfunctions of any communications network, online system or computer hardware or software. 

e) Although eBay will use reasonable efforts to ensure that all information relating to the Program ("Program Material") is accurate, to the extent permitted by law, eBay is not responsible for any problems or technical malfunctions of any communications network, online system or computer hardware or software failure that may affect eBay's operation of the Program or the Site, including without limitation the accuracy of any Program Material.

11. Indemnity

a) The Seller shall indemnify and hold harmless eBay and its respective directors, officers, employees, sublicensees, agents, successors or permitted assigns (“Indemnified Parties”) against and from any and all third-party claims, liabilities, damages, costs, expenses, suits, actions, government procedures, taxes, penalties or interest (“Claim”), and shall pay all related damages, settlements and associated legal fees and costs, that may be imposed on, incurred by or asserted against any Indemnified Party resulting from, arising out of, or relating to:

i) the Seller’s breach of any obligation under these Refurbished T&Cs if eBay does not have a remedy for the breach;

ii) any violation of applicable law by the Seller;

iii) any bodily injury or property damage or infringement arising out of or relating to any item sold by the Seller; and

iv) any wilful misconduct of the Seller.

 

b) eBay shall indemnify and hold harmless the Seller against and from any and all third-party claims, liabilities, damages, costs, expenses, suits, actions, government procedures, taxes, penalties or interest (“Seller’s Claim”), and shall pay all related damages, settlements and associated legal fees and costs, that may be imposed on, incurred by or asserted against the Seller resulting from, arising out of, or relating to:

i) any violation of a material applicable law by eBay; and

ii) any wilful misconduct of eBay.

12. General

a) Any attempt to manipulate the Program is prohibited and will result in exclusion from participation.

b) eBay reserves the right to verify the Sellers’ eligibility for the Program.

c) eBay’s decision regarding the Seller’s acceptance into the Program is final, and no further correspondence will be entered into.

d) eBay may amend the Refurbished T&Cs at any time by posting the amended terms on the eBay Site. eBay will also notify Sellers of any material amendments in writing through eBay Messages or directly to the email address linked to the Seller’s account. Unless stated otherwise, all amended terms will automatically be effective 30 days after they are initially posted. If the Seller does not accept the amended terms, the Seller may terminate their participation in the Program in accordance with clause 9(a). If the Seller continues to participate in the Program, this will constitute acceptance of the amended terms.

e) eBay reserves the right to suspend, change or cancel the Program at any time, in the event of circumstances arising which, in eBay's opinion, make it necessary for it to do so.

f) Nothing in the Refurbished T&Cs are intended to limit the rights and remedies of eBay under the User Agreement.

g) The Refurbished T&Cs are governed by the laws of New South Wales, Australia. Each party irrevocably agrees to the exclusive jurisdiction of the New South Wales courts over any claim or matter arising under these Refurbished T&Cs.

h) Unless the context otherwise requires, words in the singular in the Refurbished T&Cs shall include the plural and in the plural include the singular.

General Program Requirements

The Seller will comply with the following requirements at all times:

1. Shipping and Returns

The Seller must offer for all Eligible Items:

a) 0-1 day handling time;

b) free domestic postage*;

c) a reasonably priced express postage option**; and

d) seller-paid returns for at least 30 days***.

*Free domestic postage

• Free postage to most regions within Australia, with no additional charge for multiple items.
• You can charge for postage to certain remote/regional postcodes, as well as external territories (Norfolk Island, Antarctic Bases, Christmas Island, Cocos (Keeling) Island).
• You may exclude PO Boxes if your carrier doesn't deliver there. 

**Express postage option 

• Required if your free postage option isn't an express service.
• Not required in categories where items are generally oversized and/or require special handling. Examples include batteries, power tools and musical instruments. For full details, download the list of categories where an express option is not required.
• "Reasonably priced" means you should only charge buyers the upgrade cost from standard to express postage. (For example, if your carrier charges $7 for standard postage and $11 for express, then you should only charge the buyer $4 for express postage).

***Seller-paid returns for at least 30 days

• Your listing's return policy indicates seller paid returns within either 30 or 60 days.
• Not required on items which can't be returned for hygiene or safety reasons. Download the list of categories we consider non-returnable
• Seller paid returns are not required in categories where items are generally oversized and/or require special handling. For full details, download the list of categories where seller paid returns are not required. Sellers must still accept 30 day returns.

In addition, for items with a Certified Refurbished condition, the Seller must also opt into non-RMA (return merchandise authorisation) returns in seller settings and use eBay postage labels. 

2. Manufacturer Authorisation (for Certified Refurbished condition only)

If the Seller is not the manufacturer, prior to being approved to list in the ‘Certified Refurbished’ condition in the Program, the Seller must provide:

a) a contract with the manufacturer that indicates that they are authorised to refurbish their product(s); or

b) a letter of authorisation and a purchase order issued from the manufacturer within the last 90 days.

3. Quality Control

The Seller must:

a) carry out a technical check for full functionality before each Eligible Item is listed on the Site; 

b) ensure that all criteria specified for the selected item conditions are met in each case, including the Program Item Conditions (scratches etc.) and the required functionality checks specified in the Program Grades; and 

c) provide eBay with appropriate evidence of quality control performance within 14 days of any request by eBay. 

In addition, for items with a Certified Refurbished condition, the Seller must, upon request, provide: 

a) Quality Management System certification or Quality Control documentation; and 

b) provide proof of a purchase order issued from the manufacturer within the last 90 days (proof of SKU#) or a letter of authenticity. 

The Seller will be subject to a vetting evaluation process that includes a minimum of three (3) secret shops within 90 days to ensure compliance (“Vetting Evaluation Period”). If the Seller fails two (2) or more secret shops during the Vetting Evaluation Period, the Seller’s listings will be removed from the Program.

a) After passing the Vetting Evaluation Period, the Seller agrees to ongoing secret shopping to ensure item quality.

4. Seller Status and Performance

The Seller must:

a) maintain an Above Standard or Top Rated status (according to the policy located at https://www.ebay.com.au/help/policies/selling-policies/seller-standards-policy?id=4347); 

b) comply with the following performance metrics:

i) Positive feedback score: >98.0%

ii) Item Not As Described (INAD): <4.0%

iii) Item Not Received (INR): <1.0%

iv) Stockout rate: <2.0%

v) Cases closed without seller resolution: <0.3%

vi) Late shipment rate: <5.0%

vii) Late delivery rate: <8.0%

viii) Return Rate: <10%

c) comply with eBay’s selling policies;

d) upload valid tracking for at least 95% of orders; and

e) meet the stated handling time promise.

5. Price

a) Seller agrees to maintain price parity between their own site and items listed on the eBay Site.

b) Seller agrees to list their Eligible Items with a minimum discount of 15% off the RRP of the equivalent item in brand new condition.

6. Listings: Item description, image guidelines and mandatory information

All listings of Eligible Items must:

a) include the applicable item condition in the item title or subtitle, and the item description; 

b) include comprehensible and complete item descriptions in English with precise information, which will contain at least the following contents: 

i) Required Warranty;

ii) Refurbishment and inspection process;

iii) Accessories included (especially whether new, from the manufacturer, available at all, etc.);

iv) Packaging (especially whether original packaging or not); and,

v) Product uses and functionalities (including for example, OS compatibility and the regions the device was made for). 

c) include high-resolution images that comply with the Images, videos, and text policy and show at least the following parts of the item:

I) Front;

II) Back cover;

III) Bottom/Feet;

IV) Logo (brand);

V) “Made In” location specified;

VI) Packaging; and

VII) Accessories.

d) unless otherwise approved by eBay in writing, have all images depict the item against a white background without any watermarks; and 

e) include all mandatory information that the seller has to provide based on the eBay Policies or legal requirements, including any required item specifics, the correct indication of any taxes, fees and other costs (if applicable).