Payments Terms of Use

A. Applicable Law

You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Utah, without regard to principles of conflict of laws, will govern these Payments Terms of Use and any claim or dispute that has arisen or may arise between you and eCI, except as otherwise stated in these Payments Terms of Use.

B. Agreement to Arbitrate

You and eCI each agree that any and all disputes or claims that have arisen, or may arise, between you and eCI (or any related third parties) that relate in any way to or arise out of this or previous versions of these Payments Terms of Use, your use of or access to Managed Payments, the actions of eCI or its agents, or any products or services sold, offered, or purchased through the Services shall be resolved exclusively through final and binding arbitration, rather than in court. In this Legal Disputes Section, the term “related third parties” includes your and eCI’s respective affiliates, subsidiaries, parent companies, predecessors, successors, assigns, as well as your, eCI’s, and these entities’ employees and agents. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.

1. Prohibition of Class and Representative Actions and Non-Individualized Relief

   YOU AND ECI AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND ECI AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim or a particular request for a remedy (such as a request for injunctive relief), then that claim or that remedy request (and only that claim or that remedy request) must be severed from the arbitration and may be brought in court, subject to your and eCI’s right to appeal the court's decision. All other claims will be arbitrated.

2. Arbitration Procedures

   Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individualized basis that a court can award to an individual. An arbitrator should apply the terms of these Payments Terms of Use as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), shall be for a court of competent jurisdiction to decide.

   The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules and the AAA's Commercial Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org. In the event that the AAA is unavailable to administer the arbitration, another administrator will be selected by the parties or the court.

   A party who intends to seek arbitration must first send to the other, by certified mail, a valid Notice of Dispute ("Notice"), which may be downloaded at this link: http://p.ebaystatic.com/aw/help/legal/Notice_of_Dispute.pdf. The Notice to eCI must be sent to eBay Inc., Attn: Litigation Department, Re: Notice of Dispute, 583 W. eBay Way, Draper, UT 84020. Any such Notice addressed to and received by eBay will also be deemed to be received by eCI, if such Notice regards services offered by eCI. eCI will send any Notice to you to the physical address we have on file associated with your eBay account; it is your responsibility to keep your physical address up to date. To be valid, you must personally sign the Notice and complete all information on the Notice form, including a description of the nature and basis of the claims the party is asserting, the specific relief sought, and the email address and phone number associated with your account.

   If you and eCI are unable to resolve the claims described in a valid Notice within 30 days after eCI receives the Notice, you or eCI may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to eCI at the following address: eBay Commerce Inc. c/o CT Corporation System, 1108 E South Union Ave., Midvale, UT 84047. In the event eCI initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your eBay account. Any settlement offer made by you or eCI shall not be disclosed to the arbitrator.

   Where no disclosed claims or counterclaims exceed $25,000, the dispute shall be resolved by the submission of documents only, subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or eCI may attend by telephone, unless the arbitrator requires otherwise.

   The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same eCI user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

3. Costs of Arbitration

   Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. If you complied with the Notice of Dispute procedures of Section 2 of this Agreement to Arbitrate (“Arbitration Procedures”) and the value of the relief sought is $10,000 or less, at your request, eCI will pay all administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by eCI should be submitted by mail to the AAA along with your Demand for Arbitration and eCI will make arrangements to pay administration and arbitrator fees directly to the AAA. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse eCI for all fees associated with the arbitration paid by eCI on your behalf that you otherwise would be obligated to pay under the AAA's rules. eCI will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the cost of accessing the arbitration forum from being prohibitive.

4. Severability

   With the exception of any of the provisions in Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.

5. Opt-Out Procedure

   IF YOU ARE A NEW USER OF OUR PAYMENT SERVICES, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE ("OPT-OUT") BY MAILING US A WRITTEN OPT-OUT NOTICE ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THESE PAYMENTS TERMS OF USE FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO EBAY INC., ATTN: LITIGATION DEPARTMENT, RE: OPT-OUT NOTICE, 583 WEST EBAY WAY, DRAPER, UT 84020. ANY SUCH OPT-OUT NOTICE ADDRESSED TO AND RECEIVED BY EBAY WILL ALSO BE DEEMED TO BE RECEIVED BY ECI, IF SUCH OPT-OUT NOTICE REGARDS SERVICES OFFERED BY ECI.

   For your convenience, we are providing an Opt-Out Notice form. You must complete and mail that to us in order to opt out of the Agreement to Arbitrate. You must complete the Opt-Out Notice form by providing the information called for in the form, including your name, address (including street address, city, state and zip code), and the user ID(s) and email address(es) associated with the eBay Service account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of these Payments Terms of Use and its Legal Disputes Section will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

6. Future Amendments to the Agreement to Arbitrate

   Notwithstanding any provision in the User Agreement or these Payments Terms of Use to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against eCI prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and eCI. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on www.eBay.com at least 30 days before the effective date of the amendments and by providing notice through the eBay Message Center and/or by email. If you do not agree to these amended terms, you may close your account within the 30-day period and you will not be bound by the amended terms.

C. Judicial Forum for Legal Disputes

Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and eCI must be resolved exclusively by a state or federal court located in Salt Lake County, Utah. You and eCI agree to submit to the personal jurisdiction of the courts located within Salt Lake County, Utah for the purpose of litigating all such claims or disputes.

Required Information

Your payer (for example, the buyer of an item you sell on eBay) must ensure we are provided with the data required for us to execute the payment transaction. If we do not have sufficient data to execute such transaction, we reserve the right to ask your payer's payment service provider for the required information.

We require the following information for the execution of a payment transaction:

• Your name,
• Your eBay username,
• The buyer's name (where applicable),
• The buyer's eBay username, and any other data about the buyer which the buyer's payment service provider or we may require (where applicable),
• The currency of the payment transaction (if possible, in abbreviated form),
• The amount of the payment transaction, and
• The beneficiary's payment details.

We may also require specific information, such as a one-time authorization code sent to your verified phone number or email address, to authenticate a payment transaction (or to allow you to access certain information related to Managed Payments on eBay).

To the extent reasonably possible, we will automatically utilize the information stored in our systems. Where the required information provided by you or your payer is not fully available or is inaccurate, we will not bear any liability for any damage, delay, or other consequence from the non-execution or defective execution of the relevant payment transaction.

Receipt of Payment Orders

A payment order will be deemed to have been received by us if:

• Carried out by means of a payment card, then in accordance with the card schemes rules; or
• Received by our available electronic communication channels, then on the business day when it is actually received by us.

If the payment order is not received on a business day, it will be deemed to be received on the next business day. “Business days” in this Part III of these Payments Terms of Use shall mean the days on which banks in Luxembourg are open for regular business.

You may not revoke a payment order after we have received it. However, if we have agreed that a payment order will be executed on a certain future date, the business day prior to this future date will be the latest you can revoke the payment order.

Refusal of Payment Orders

We reserve the right to refuse the execution of a payment order when:

• The payment order information contains factual errors and/or is incomplete;
• You have not satisfied your obligations under these Payments Terms of Use or any other agreement between you and us;
• There are doubts about the validity of the instruction, or the identity or authority of the person giving the payment order; or
• The payment order, if executed, would lead to a breach of the applicable rules, laws, or regulations.

We may charge a reasonable fee for such a refusal.

You acknowledge that when executing a payment transaction, we may have to disclose information mentioned above and your legal address to the other party’s payment service provider and, where relevant, also to intermediaries involved in the execution of the payment transaction. You expressly accept and instruct us to disclose such data.

Where you are the payer, the execution of the transaction may depend on us having received the respective amount from you prior to the execution.

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

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

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

Transaction Holds can be placed if:

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

Account Holds can be placed in the following cases:

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

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

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

Exclusion of Certain Provisions for Non-Consumers

If you are a business which uses the Payment Services, you agree that Articles 79 (1), 81 (3), 86, 88, 89, 90, 93, and 101 and Title III of the Law of 10 November 2009 on payment services shall not apply to your use of the Payment Services.

Individuals

If you are an individual acting in your own capacity and not on behalf of a business, you may not use the Payment Services to receive or transfer funds on behalf of another natural person or a legal entity.

Complaints

Any complaints about eBay Sarl or the services it provides should first be addressed to eBay Sarl. You agree that all responses from eBay Sarl relating to such complaints may be sent to you by email.

Should you not be satisfied with eBay Sarl's responses, you may also escalate your complaint to the CSSF (www.cssf.lu), which is the competent authority to receive out-of-court complaints by customers of payment service providers authorized in Luxembourg. For further information please refer to our Complaints Procedure.

Communication

We will communicate with you in the language(s) in which we provided these Payments Terms of Use to you. You agree that we may give you notice or other information by posting it in your eBay Account, emailing it to your registered email address, mailing it to your registered physical address, calling your phone number, or sending you mobile messages.

Legal notices to eBay Sarl (except for termination notices pursuant to Part I, Section 12) shall be served by mail to the following address: eBay S.À R.L., 22-24 Boulevard Royal, L-2449 Luxembourg.

You may request a copy of any legally required disclosures (including these Payments Terms of Use) from us; we will then provide it to you in a format which allows you to store and reproduce the information (for example, by email) or, upon your request, on paper.

Governing Law and Jurisdiction

These Payments Terms of Use shall be governed by and construed in accordance with the laws of the Grand Duchy of Luxembourg. If you are acting as a consumer (rather than as a business) and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of Luxembourg law.

As a consumer, you may bring any judicial proceedings relating to the General Payments Terms and these Additional Payments Terms for Payment Services provided by eBay Sarl before the competent court of either your place of residence or eBay Sarl's place of business in Luxembourg. If eBay Sarl wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business seller, you agree to submit to the exclusive jurisdiction of the courts of the Grand Duchy of Luxembourg.

Law and Forum for Legal Disputes

These Payments Terms of Use 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 ECA irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

Notices

Legal notices must be served on ECA’s registered agent (in ECA’s case) or to the registered email address associated with your account (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 business days after the date of mailing.

Any notices to ECA'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 Commerce Australia Pty Ltd c/o Corrs Chambers Westgarth, Quay Quarter Tower, 50 Bridge Street, Sydney NSW 2000, Fax: (02) 9210 6611.

Required Information

Your payer (for example, the buyer of an item you sell on eBay) must ensure we are provided with the data required for us to execute the payment transaction. If we do not have sufficient data to execute such transaction, we reserve the right to ask your payer's payment service provider for the required information.

We require the following information for the execution of a payment transaction:

• Your name,
• Your eBay username,
• The buyer's name (where applicable),
• The buyer's eBay username, and any other data about the buyer which the buyer's payment service provider or we may require (where applicable),

• The currency of the payment transaction (if possible, in abbreviated form),
• The amount of the payment transaction, and
• The beneficiary's payment details.

We may also require specific information, such as a one-time authorization code sent to your verified phone number or email address, to authenticate a payment transaction (or to allow you to access certain information related to Managed Payments on eBay).

To the extent reasonably possible, we will automatically utilize the information stored in our systems. Where the required information provided by you or your payer is not fully available or is inaccurate, we will not bear any liability for any damage, delay, or other consequence from the non-execution or defective execution of the relevant payment transaction.

Receipt of Payment Orders

A payment order will be deemed to have been received by us if:

• Carried out by means of a payment card, then in accordance with the card schemes rules; or
• Received by our available electronic communication channels, then on the business day when it is actually received by us.

If the payment order is not received on a business day, it will be deemed to be received on the next business day. “Business days” in this Part III of these Payments Terms of Use shall mean the days on which banks in London are open for regular business.

You may not revoke a payment order after we have received it. However, if we have agreed that a payment order will be executed on a certain future date, the business day prior to this future date will be the latest you can revoke the payment order.

Refusal of Payment Orders

We reserve the right to refuse the execution of a payment order when:

• The payment order information contains factual errors and/or is incomplete;

• You have not satisfied your obligations under these Payments Terms of Use or any other agreement between you and us;
• There are doubts about the validity of the instruction, or the identity or authority of the person giving the payment order; or
• The payment order, if executed, would lead to a breach of the applicable rules, laws, or regulations.

We may charge a reasonable fee for such a refusal.

You acknowledge that when executing a payment transaction, we may have to disclose information mentioned above and your legal address to the other party’s payment service provider and, where relevant, also to intermediaries involved in the execution of the payment transaction. You expressly accept and instruct us to disclose such data.

Where you are the payer, the execution of the transaction may depend on us having received the respective amount from you prior to the execution.

Individuals

If you are an individual acting in your own capacity and not on behalf of a business, you may not use the Payment Services to receive or transfer funds on behalf of another natural person or a legal entity.

Complaints

Any complaints about ECUK or the services it provides should first be addressed to ECUK. You agree that all responses from ECUK relating to such complaints may be sent to you by email.

Should you not be satisfied with ECUK's answer, you may also escalate your complaint to the FCA (www.fca.org.uk), which is the competent authority to receive out-of-court complaints by customers of payment service providers authorized in the UK. For further information please refer to our Complaints Procedure.

If you reside in the United Kingdom, you may escalate your complaint to the Financial Ombudsman Services. For further information, please refer to the Financial Ombudsman website and the Financial Ombudsman Services Standard Explanatory Leaflet.

Communication

We will communicate with you in the language(s) in which we provided these Payments Terms of Use to you. You agree that we may give you notice or other information by posting it in your eBay Account, emailing it to your registered email address, mailing it to your registered physical address, calling your phone number, or sending you mobile messages.

Legal notices to ECUK (with the exception of a termination notice pursuant to Section 12) shall be served by mail to the following address: eBay Commerce UK Ltd, Hotham House, 1 Heron Square, Richmond upon Thames, Surrey TW9 1EJ, United Kingdom.

You may request a copy of any legally required disclosures (including these Payments Terms of Use) from us; we will then provide it to you in a format which allows you to store and reproduce the information (for example, by email) or, upon your request, on paper.

Governing Law and Jurisdiction

These Payments Terms of Use shall be governed by and construed in accordance with the laws of England and Wales. If you are acting as a consumer (rather than as a business) and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of English law.

As a consumer, you may bring any judicial proceedings relating to the General Payments Terms and these Additional Payments Terms for Payment Services provided by ECUK before the competent court of either your place of residence or ECUK's place of business in the United Kingdom. If ECUK wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business seller, you agree to submit to the exclusive jurisdiction of the English courts.