1. Business users
We can agree different terms with customers who are not micro-enterprises, charities or consumers.
For the purposes of these Payments Terms of Use:
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A micro-enterprise is an enterprise, which employs fewer than 10 persons, and has a
turnover or annual balance sheet that does not exceed €2 million;
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A charity is a body whose annual income is less than £1 million and is a charity as defined in
England and Wales by section 1(1) of the Charities Act 2011, in Scotland by section 106 of
the Charities and Trustee Investment (Scotland) Act 2005, or in Northern Ireland by section
1(1) of the Charities Act (Northern Ireland) 2008; and
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A consumer is an individual acting for purposes other than a trade, business or profession.
If you become a micro-enterprise, charity or consumer, you should immediately notify us, and the
terms applying to those customers (as indicated in these Payments Terms of Use) will apply to you.
If you are no longer a micro-enterprise, charity or consumer, then you should notify us immediately,
and the terms applying to those customers (as indicated in these Payments Terms of Use) will no
longer apply to you.
Provided that you are not a micro-enterprise, charity or consumer, you agree that:
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Part 6 and regulations 66(1), 67(3) and (4), 75, 77, 79, 80, 83, 91, 92, and 94 of the Payment
Services Regulations 2017 do not apply in respect of these Payments Terms of Use;
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If you become aware of any unauthorised transactions then you will notify eCUK by
contacting the Customer Service via any of the available communication methods (e.g.
Contact Us form, chat) without undue delay, and in any event no later than sixty (60) days
after the debit date;
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eCUK will not be liable to you for any unauthorized transaction unless you have notified it in
accordance with (b) above;
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eCUK will not be liable to you for any unauthorized transaction if it has reasonable grounds
to suspect that you have acted fraudulently.
2. Payment Service; Disabling Payment Methods
You authorize eCUK to acquire and settle payments that it receives on your behalf. When you sell an
item on eBay, you are deemed to be a payee, with eCUK acting as your payment service provider. In
a refund, chargeback, or similar scenario, or if you use your funds to pay, you may be deemed to be
a payer, again with eCUK acting as your payment service provider.
Unless subject to a hold as described in these Payments Terms of Use, your transaction proceeds
will generally be available for settlement to your Payout Entity or your E-Money Account (as defined
below) within one to two business days after buyer payment is confirmed in checkout, although
actual availability may vary depending on the buyer’s payment method and when the payment is
received by us. In some cases (for example, if you are a new seller on eBay, or if you are a private
seller in the UK), funds may become available for disbursement after the item is deemed delivered, as
described in this help page.
If eCUK is your Payout Entity, eCUK will issue electronic money to you on receipt of funds received
following the settlement process described above and will open, hold and operate an electronic
money account (the E-money Account) for you. You will only be able to fund your E-Money Account
using the amounts settled following your sale of an item on eBay and by eCUK issuing electronic
money to you on receipt of funds received following the settlement process described above in
respect of such sale. In some circumstances we may issue electronic money to you and allow you to
use such electronic money to make payment transactions before funds have been credited to
eCUK’s own account.
From time to time, it may be possible for you to use your electronic money to make eligible
purchases on ebay.co.uk. In such cases you will be deemed to be payer, and eCUK will be providing
you with payment services related to the issuance of e-money. If you use your electronic money to
make an eligible purchase on ebay.co.uk, and are subsequently refunded in respect of such
purchase, eCUK will issue you with electronic money on receipt of the proceeds relating to the
refund.
The acceptance of a buyer’s payment instrument (for example, their Visa card), once it has been
authorized for payment, satisfies the buyer’s payment obligation to you, regardless of whether we
issue electronic money to you in respect of such sale to the buyer. In the event that we do not issue
electronic money to you as described in these Payments Terms of Use, you will have recourse
against us only and not against the buyer. To the extent permissible under the rules of any third-party
or governmental body with jurisdiction over us, you agree that we are not liable for your acts and
omissions and you understand that we disclaim any such liability.
We may disable specific payment method(s) available to buyers for all or some of your listings if we
reasonably believe the use of such payment methods for your transactions will increase regulatory,
financial, or other risk to us. For example, if you would like to offer a high-priced item with a new
eBay account, we may disable such payment methods where the amount is credited with a time
delay after the transaction (e.g. direct debit or payment upon invoice). In assessing the risk, we
consider relevant factors such as your sales history, service status, eBay account history, risks
associated with certain item categories, transaction value, and number and monetary amounts of
eMBG cases. We will re-enable the affected payment method(s) for your listings once the risk no
longer exists.
3. Execution of Payment Transactions
When you, as a payee or payer, use Managed Payments, the payment transactions will be executed
in accordance with the payment schemes rules and procedures, or as otherwise agreed.
Required Information
You must ensure we are provided with the data required for us to execute the payment transaction. If
we are executing a payment in respect of a refund owed to a buyer (of an item you sell on eBay) and
we do not have sufficient data to execute such transaction we reserve the right to ask the buyer’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 (where applicable) the buyer 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 VI 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, or there being sufficient funds in your E-Money
Account to fund the transaction.
4. Redemption of E-Money
If we are your Payout Entity and provide you with an E-Money Account, we will, on your instruction,
redeem the electronic money held in your E-money Account and pay the proceeds of redemption
(the monetary value of the electronic money you have redeemed) to your Linked Financial Account.
Payments to your Linked Financial Account will generally be initiated either automatically according
to the schedule you have pre-selected (if scheduled payments are available to you) or “on demand”
based on an individual redemption instruction we receive from you. However, if your E-money
Account is not configured to include a regularly scheduled redemption, we may periodically redeem
the electronic money held in your E-money Account and send the redemption proceeds to your
Linked Financial Account.
If scheduled payments are available to you and you opt to redeem electronic money in your
E-Money Account according to a pre-selected schedule, your redemption proceeds, other than those
being held in accordance with these Payments Terms of Use will be paid out to your Linked Financial
Account according to the payout schedule agreed with you. For example, if you select monthly
payouts, a single settlement will be initiated automatically once a month for all transactions that have
settled to your E-Money Account on or before that day. If you request a payout on demand, a single
settlement will be initiated for all transactions that have settled to your E-Money Account on or
before that day. You may be able to choose to redeem only a portion of your available balance in
your E-Money Account, leaving the rest in your E-money Account.
Transaction proceeds will generally settle to your Linked Financial Account within two business days
of initiating disbursement to you, although actual settlement times may vary for individual
transactions depending on circumstances such as your bank’s processing times. We may diverge
from the redemption and payout process as needed for compliance or risk reasons.
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 payout of redemption proceeds.
If we are unable to settle your redemption proceeds, then, depending on the reason why we are
unable to settle your redemption proceeds, we may refund the buyer (e.g., in the event that we
cannot process your information due to technical reasons etc.) or otherwise process these funds in
accordance with applicable law.
We will provide you with monthly statements of your transactions free of charge, which can be
accessed in the Seller Hub.
The balance on your E-money Account is not a deposit. You will not receive interest or any other
earnings on the money held in your E-money Account.
The Financial Services Compensation Scheme is not applicable for this E-money Account. No other
compensation schemes exist to cover losses claimed in connection with your E-money Account. The
Electronic Money Regulations 2011 imposes requirements on us about how we hold these funds.
We will ensure that once we have received your funds they are deposited in a safeguarded account,
specifically for the purpose of redeeming transactions made from your E-money Account. In the
event that we become insolvent, funds that have arrived with and been received and credited by us
into your E-money Account are protected against the claims made by creditors.
5. Liability for Unauthorized Payment Transactions
You will be fully liable for all losses relating to an unauthorized payment transaction if you acted
fraudulently with respect to such a payment transaction, or if you failed to fulfil one or more of the
obligations under this agreement (such as keeping your credentials safe or notifying us without
undue delay if you have lost your security credentials or think they may have been stolen) with intent
or gross negligence.
We ask you to keep your security credentials safe. This means you should not share your security
credentials with anyone, and you should disguise or protect your security credentials if you write
them down or store them. If you think someone has used or is able to access your E-money
Account, you must tell us as soon as you can.
6. Our Liability
We will refund you in full and are liable for losses directly and reasonably foreseeably incurred by an
incorrectly or non-executed payment transaction, provided that you have informed us of such
transaction without undue delay after becoming aware of the defect and in no event later than: (i)
thirteen (13) months after the transaction was executed if you are a consumer, micro-enterprise or
charity; or (ii) sixty (60) days after the transaction was executed if you are using the Payment
Services as a business which is not a consumer, micro-enterprise or charity, in each case unless we
failed to make information about the transaction available to you.
However, we won’t refund you if:
- We reasonably think you acted fraudulently (and we may involve the police)
- You are not a consumer, micro-enterprise or charity, and you didn’t take steps to keep your
E-Money Account secure;
- You are a consumer, micro-enterprise or charity, and you deliberately or with gross
negligence didn’t keep your E-money Account secure.
To the fullest extent permitted by applicable law, we and our Affiliates (and our and their respective
employees, directors, agents and representatives) will not be liable for any direct lost profits, any
indirect lost profits, or any special, incidental or consequential damages (including without limitation
damages for loss of data or loss of business) arising out of or in connection with these Payments
Terms of Use or Managed Payments (including the inability to use Managed Payments). In addition,
to the fullest extent permitted by applicable law, in no event will aggregate liability of us or our
Affiliates (and our and their respective employees, directors, agents and representatives) arising out
of or in connection with these Payments Terms of Use, the transactions contemplated hereby, or
Managed Payments exceed the actual amount of direct damages (excluding direct loss of profits),
whether in contract, tort (including negligence, product liability or other theory), warranty, or
otherwise.
Without limiting the foregoing, in no event will we or any of our Affiliates be liable to you for any
failure or delay by us (or our employees, agents, or representatives) in performing our obligations
under these Payments Terms of Use, where such failure or delay is caused by abnormal and
unforeseeable circumstances beyond our control, the consequences of which would have been
unavoidable despite all reasonable efforts to the contrary, or where we are bound by other legal
obligations covered by applicable law.
7. Shipping Labels
If buyers purchase a return shipping label at their own expense on the eBay website, eBay may
automatically deduct the label costs from the refund amount a buyer receives from you. If this
occurs, you agree (as a debtor to the buyer for the refund) to be delegated as a debtor to the
shipping carrier for the label costs, and authorize us to use the relevant part of the refund amount to
pay the shipping carrier on your behalf. You will not bear any additional shipping costs in this event.
8. Corrective Measures
If we become aware of suspected or actual fraud or other security threats affecting your eBay
account, we will notify you by email and provide you with instructions on how to protect such account
or your E-Money Account.
9. Amendment
For customers that are consumers, micro-enterprises or charities, Part I, Section 9 (“Amendment”) of
the Payments Terms of Use applies.
For customers that are not consumers, micro-enterprises or charities, we will notify you of any
amendments to these Payments Terms of Use by writing (for example, by posting a revised version
of these Payments Terms of Use on our website, including the Seller Hub or the eBay Message
Centre). Before the anticipated effective date of such change, we will notify you at least fourteen (14)
days prior. Your continued use of Managed Payments and the Payment Services beyond the
effective date of the change will constitute your acceptance of the changes.
We will generally change these Payments Terms of Use for the following sorts of reasons:
- if we think it will make them easier to understand or more helpful to you;
- to reflect the way our business is run, for example if the change is needed because of a
change in the way any financial system or technology is provided;
- to reflect legal or regulatory requirements that apply to us;
- to reflect changes in the cost of running our business; or
- because we are changing or introducing new services or products that affect our existing
services or products covered by these terms and conditions.
If you do not agree to proposed changes, you may terminate these Payments Terms of Use,
pursuant to Part VI, Section 10 (“Term, Termination”) below, without any extra cost at any time before
the effective date. We always publish the amended Payments Terms of Use on the eBay website.
10. Termination
For customers that are consumers, micro-enterprises or charities, Part I, Section 10 (“Term,
Termination”) of the Payments Terms of Use applies.
For customers that are not consumers, micro-enterprises or charities, Part VI, Section 9
(“Amendment”) of the Payments Terms of Use apply, except that we may terminate these Payments
Terms of Use by giving written notice fourteen (14) days prior via email to your registered email
address.
11. General Provisions
Provided that you are not a micro-enterprise, a charity or a consumer, you agree that Articles 66(1),
67(3), 67(4), 75, 77, 79, 80, 83, 91, 92, 94, and Part 6 of the Payment Services Regulations 2017
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 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. We will
consider any complaint sent by you to us. For further information, please refer to our
Complaints Procedure.
If you are a consumer, micro-enterprise or charity that is resident in the United Kingdom, you may
also escalate your complaint to the Financial Ombudsman Service, which is the competent authority
to receive out-of-court complaints by customers of payment service providers authorised in the UK, if
you are not satisfied with eCUK’s answer to your complaint. For further information, please refer to
the Financial Ombudsman website
and the Financial Ombudsman Services Standard Explanatory Leaflet.
If you are suspicious about a financial service provided by us, or you want to report a scam, you can
make a complaint to the Financial Conduct Authority (www.fca.org.uk).
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 Part I, Section 10)
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 Payments Terms of Use 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.