These terms and conditions replace any existing eBay for Charity user agreement between you and MissionFish.

By listing an item with eBay for Charity, you promise to donate the percentage of the item's final sale price that you designated (or the required minimum donation, whichever is larger), when that item sells. You promise to make this donation to MissionFish (Registered Charity No. 1110538) - the charity chosen by eBay to administer the eBay for Charity programme - for the benefit of your intended Charity.

You can make your donation any time after your listing ends. If you have not made your donation by the second Monday after the listing ends, you hereby authorise MissionFish to collect it using your payment method on file with eBay. Donations that cannot be collected automatically will be considered overdue.

You will be unable to create new eBay for Charity listings until you have made all overdue donations. Failure to make overdue donations may, in some circumstances, result in the suspension of your eBay account. Donations are collected in the local currency of the charity you select. All sums under this programme are exclusive of VAT (if any).

A charity always has the right to not be associated with a listing. If a charity that you select makes such a request, your listing will be cancelled and the insertion fee credited back to your account.

To help ensure the integrity of charity auctions on eBay.co.uk, eBay reserves the right to require charity sellers to undertake further steps to protect their auctions, including, but not limited to, the use of eBay's pre-approval tools for bidders on potential high value items.

MissionFish retains a small portion of each donation to offset some costs of their services, and will forward the net amount to the charity. MissionFish will hold your donation until at least 45 days after the end of the listing, enabling you to request a donation refund for unpaid items. If you waive your right to this refund, MissionFish will forward your donation in their next scheduled payment. Any interest that accrues whilst the donation is held on your behalf shall belong to MissionFish. Learn how donations that can't be delivered are treated.

If you tick the Gift Aid box, MissionFish will claim Gift Aid on your donation and forward that amount (less any deduction for expenses) to the charity. You have the right to cancel a Gift Aided donation for any reason within 21 days of the listing sale date on eBay. eBay reserves the right, in some circumstances, to block donors who cancel donations from using eBay for Charity.

If you sell items on eBay.co.uk as a business and use the eBay for Charity programme, you will be subject to additional contractual obligations.

Please note that the terms and conditions above do not apply to Charity Direct Sellers. These are sellers with the authority to represent a charity who sell with eBay for Charity to raise funds for that charity. If you are a Charity Direct Seller you need to comply with the Charity User Agreement

Additional contractual obligations for commercial participators

If you think you might be a commercial participator, please consult an advisor.

Under UK law, a "commercial participator" is someone who encourages purchases of goods or services by stating that some of the proceeds will go to charity.

This Agreement governs your relationship with every charity to which you wish to make a donation under the eBay for Charity programme. This Agreement should be read in conjunction with the charity's User Agreement with MissionFish UK. Where provisions conflict, the provisions of this Agreement shall prevail.

A commercial participator is obliged by law to have a written agreement with the charity. eBay is authorised by charities which have signed up to eBay for Charity to contract with you on their behalf (each a "Charity").

Commercial participators are also obliged to make a public statement about their donation which complies with legal requirements. eBay for Charity generates such a public statement for each of your charitable listings made through the programme.

In signing up to eBay for Charity to raise funds for Charities through the sale of items online, you are agreeing to the following:

1. You and any charity to which you have chosen to give a donation using eBay for Charity shall be parties to this Agreement on the terms set out below.
2. The date on which this Agreement becomes effective is the date on which you accept the eBay for Charity terms and conditions.
3. In respect of each Charity, this Agreement will continue until your eBay for Charity account is closed unless terminated earlier under the Charity's User Agreement with MissionFish UK.
4. The amount you donate will be determined by you each time you place an item for sale on eBay with a statement that some of the sale proceeds will be donated.
5. You agree to:
   • 5.1  keep legible and detailed books of account and records relating to the money raised in respect of any sale online through the eBay for Charity programme and allow the Charity, its employees, agents and professional advisors to inspect, audit and take copies of any such books and records you may hold in connection with the eBay for Charity programme;
   • 5.2  promptly pay the reasonable professional costs of any inspection referred to above if you have made an underpayment of 10% or more of the sums due to the Charity;
   • 5.3  promptly pay to the Charity or if required its agent, MissionFish UK, any sums revealed as having been underpaid as a result of an inspection referred to above, plus interest at 4% over Barclays Bank Plc's base lending rate for the time being, calculated from the date payment should have been made to the date of actual payment;
   • 5.4  not represent that the Charity endorses or approves of your goods, services or activities;
   • 5.5  not to do anything which will bring, or is likely to bring, the Charity into disrepute, or carry out any activities inimical to the objects of the Charity;
   • 5.6  comply at all times with all applicable legal obligations under UK law and any applicable codes of practice; and
   • 5.7  reimburse the Charity in respect of any costs, claims, loss or other liability suffered as a result of your breach of this Agreement or your acts or omissions.
6. No variation of this Agreement shall be effective unless agreed in writing between you and the Charity.
7. If any provision of this Agreement is or becomes to any extent invalid or unenforceable under any applicable law then the remainder of this Agreement shall continue in full force and effect.
8. The parties are neither partners nor joint venturers and this Agreement is not intended to nor shall it create any agency, partnership or joint venture.
9. You agree not to assign or deal in any other manner with this Agreement or any of your rights under it, nor sub-contract any or all of your obligations under this Agreement.
10. This Agreement does not and is not intended to provide any person who is not a party to the Agreement with any rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
11. This Agreement is governed by and shall be construed in accordance with the law of England and the parties irrevocably submit to the exclusive jurisdiction of the courts of England.