eBay Buyer Protection
Conditions under which a claim can be filed by the buyer
Exclusions from eBay Buyer Protection
Buyer Eligibility
Fraudulent charges not covered
Resolution of a claim
Decision and reimbursement from sellers
Failure to comply - consequences
Relationship between eBay Buyer Protection, PayPal Buyer Protection and Chargebacks
PayPal Buyer Protection
Chargebacks
What happens if a buyer believes an item is counterfeit?
Assumption of rights
eBay Buyer Protection
We're committed to making sure you can purchase items from Sellers on eBay with complete confidence, knowing we're here to help if you have problems. eBay Buyer Protection helps you if an item doesn’t arrive, or doesn't match its description in the listing.
The eBay Buyer Protection programme is being extended to more and more buyers over 2009. If you have an issue, please visit the eBay Resolution Centre which gives you instructions on how to resolve your issue. When in the Resolution Centre, buyers who are included in the programme will be directed to it. If you are not directed to the programme, you may still be covered under PayPal Buyer Protection. Please see the relation between eBay's and PayPal's Buyer Protection below.
This eBay Buyer Protection policy forms part of the eBay.co.uk User Agreement. This policy was last updated on 8 September 2009. Generally, all purchases by eligible buyers that meet policy conditions and who do not fall within an exclusion or coverage limitation are covered by eBay Buyer Protection. Please note that the eBay Buyer Protection policy applies only to the transaction - it is not a product warranty of any kind, nor a solution for buyers’ remorse.
To take advantage of the eBay Buyer Protection policy, buyers should first contact the seller and attempt to resolve the issue directly. If the buyer doesn’t hear from the seller or can’t resolve the issue with the seller, the buyer can file a claim under the eBay Buyer Protection policy.
Conditions under which a claim can be filed by the buyer under the eBay Buyer Protection policy
You (the buyer) can file a claim under the eBay Buyer Protection policy only when all of the following applies:
You purchased an item on eBay.co.uk and submitted your payment to the seller's nominated PayPal account within the last 45 days.
You have been directed to the eBay Buyer Protection programme by eBay.
You paid with PayPal. (If have not paid with PayPal you should still enter your claim as eBay will try to facilitate a resolution with the seller).
You paid for the item in full with one payment. Items purchased with multiple payments – such as a deposit followed by a final payment – aren't eligible.
You sent payment to the seller using the "Pay Now" button—including situations when your transaction was completed through a third party checkout—or through the “Send Money” button of your PayPal account by selecting “eBay Item” and entering your eBay User ID and the eBay item number.
There is a good faith dispute between you and the seller regarding the item. A good faith dispute can include situations such as:
You did not receive the item within 3 days of the estimated delivery time provided on the transaction order details page (or 7 days after payment, if no estimated time was specified) (Item Not Received or INR) If the seller estimated a delivery date that was less than 7 days from your payment, please contact the seller through the eBay messages function first and allow 3 days for a reply. We may lengthen this period where necessary, for example, based on the type of delivery provided or the buyer’s location.
You received an item that was significantly different from the one described in the listing (for example, you purchased a book, but received a hat or you believe you have received a counterfeit item) (Significantly Not As Described or SNAD) and you have contacted the seller to inform them of this and have allowed 3 days for the seller to reply.
You received an item that was broken or did not work as described in the item description (Significantly Not As Described or SNAD) and you have contacted the seller to inform them of this and have allowed 3 days for the seller to reply.
A good faith dispute does not exist if you:
improperly claim that the seller has not fulfilled the transaction;
claim you never received an item when in fact you did; or
claim the item was significantly different from the item description but the seller can prove otherwise.
If you have an issue regarding unauthorised transactions with your PayPal account (ie. those made without your permission), please visit the PayPal Security Centre.
When you receive a confirmation email from eBay after opening a claim, you must review this email straightaway, and let us know if anything within it is incorrect using the response channel advised in the email.
During the process, eBay may require you to provide documentation to support your claim. You may be asked to provide receipts, third party evaluations, police reports, or anything else that eBay considers appropriate.
For Significantly Not As Described claims, if eBay requires you to, you must post the item back to the seller, or to eBay, or to a third party, at your expense, and provide proof of delivery to eBay. Where eBay requires, you must destroy the item and provide evidence of its destruction in accordance with eBay's instructions.
You must respond to eBay’s requests in a timely manner.
(For more detailed information regarding the process, please see sections eBay Buyer Protection - Buyers and eBay Buyer Protection - Sellers.)
Exclusions from eBay Buyer Protection
eBay Buyer Protection doesn’t cover services and certain categories of goods, false, abusive or illegitimate claims, or purchases where you have been or may be compensated by another third party. The following purchases are excluded:
eBay classified style listings;
items prohibited or restricted by eBay;
access to digital content,
anything that’s equivalent to cash (including retail gift cards); and
items listed or that should be listed (under our listing policy) in these categories are also not covered:
Vehicles (including, without limitation, motor vehicles, motorcycles, caravans, aircraft and boats);
Residential Property (Real Estate)
Buyer Eligibility
Only buyers who have agreed to the eBay.co.uk User Agreement, purchased on eBay.co.uk, and have been directed to the eBay Buyer Protection programme by eBay are eligible under eBay Buyer Protection. Buyers who file a claim through eBay Buyer Protection, but who did not purchase an item on the eBay.co.uk site, will be redirected to the existing resolution process for the site they used. Sellers will use the resolution process initiated by the buyer. Resolution responsibilities and protections are outlined on the site of registration.
Buyers who eBay believes, in our sole discretion are attempting to commit or committing fraud are governed by the “Abusing eBay” conditions of our User Agreement. Fraud in this context can include, but is not limited to, making claims that are not backed by a good faith dispute, making claims in addition to attempting to receive reimbursement from another source (e.g. a credit card chargeback), or any other means by which one can unjustly benefit from eBay Buyer Protection. Buyers who fall under the “Abusing eBay” conditions are subject to our remedies as described in the User Agreement. In addition, we reserve the right to temporarily, indefinitely or permanently suspend your coverage under the eBay Buyer Protection Policy, pay out less than the full item price or temporarily, immediately and without prior notice, if we suspect abuse, excessive claims, tampering or interference with the proper working of eBay Buyer Protection.
Fraudulent charges not covered
Fraudulent charges to a credit card or a PayPal account are not covered by the eBay Buyer Protection Policy. If you notice any charge on your PayPal account that you did not authorise, report this in the PayPal Resolution Centre. Fraudulent charges made through your credit card should be resolved with your credit card company.
Resolution of a claim
After you have logged your claim in the eBay Resolution Centre, eBay will send relevant information gathered from the buyer to the seller.
The seller will then have 10 calendar days to resolve the problem by sending the buyer: a) the item/alternative item; or b) a refund (the seller must retain proof that they have resolved the problem and send this to eBay, at eBay’s request).
Please see this
section which sets out the seller’s obligations in the event that a buyer believes an item is
counterfeit, eBay may give the seller more time to resolve the problem.
If the seller does not resolve the problem with the buyer within 10 calendar days (or an extended time period, as agreed by eBay in writing), eBay reserves the right to pay the buyer a sum equivalent to the item price (including postage and packaging) paid by the buyer.
At the end of the 10 calendar day period (on an extended time period agreed by eBay), if the buyer is not satisfied with the resolution offered by the seller (including, without limitation, where the seller has provided no response to the buyer), the buyer may contact eBay to request further assistance or to ask that eBay make a decision about the claim. If eBay receives no such requests from the buyer within a reasonable amount of time after the end of the 10 calendar day period (and the seller has not contacted eBay within this period either) the claim will be considered resolved and be closed.
If eBay makes a decision against the seller the seller will compensate eBay in full for any reasonable sum paid by eBay to the buyer in accordance with eBay’s request.
For an INR claim, if a seller provides a valid Proof of Delivery for the item, eBay is likely to decide in their favour.
“Proof of Delivery” is online documentation from a postal company that includes all of the following:
A status of “delivered” (or equivalent) and the date of delivery.
The recipient’s address, showing at least the city/county or postcode (or international equivalent).
Signature Confirmation for transactions that total £150 or more.
For SNAD claims, sellers may be protected from losing a claim if they provide clear documentation that the item was described properly. For example, claims may be resolved in the seller’s favour when the seller provides documentation that:
the buyer complains that the item is used, not new, and the listing clearly describes the item as used, or
a defect in the item was correctly described by the seller, or
the item was properly described, but the buyer didn't want it after they received it, or
the item was properly described but did not meet buyers' expectations, or
the item has minor scratches and was listed as used condition.
For eligible claims filed on PayPal, sellers may be protected from a losing a claim by following the terms of PayPal Seller Protection.
Decision and reimbursement from sellers
We require eBay sellers to comply with our resolution process. eBay encourages sellers to resolve the problem with buyers. However, if the seller does not do this within the time periods set out above, eBay retains full discretion to make a final decision in favour of the buyer or the seller based on criteria eBay deems appropriate and sellers permit us to make a final decision, in our sole discretion, on any claim that a buyer files with eBay under the eBay Buyer Protection Policy. If eBay makes a final decision in favour of the buyer or seller, each party must comply with eBay’s decision. If we find in favour of the buyer, the seller will not receive a refund on their eBay or PayPal fees associated with the transaction. One example of such a decision is that eBay may require the buyer to post an item that the buyer claims is Significantly Not as Described back to the seller (at the buyer’s expense), and eBay may require a seller to accept the item back and refund the buyer the full purchase price plus original postage costs.
eBay may, but is under no obligation to, pay the buyer part or all of the item price (including postage and packaging) or give them an eBay voucher, even if we find in favour of the seller. In this situation, the seller will not be required to compensate eBay.
If we resolve a dispute in the buyer’s favour, we may:
remove funds from the seller’s PayPal account to reimburse the buyer for the cost of the item and the original postage cost; or
where there are insufficient funds in the seller’s PayPal account or where PayPal is not the reimbursement method of the seller, directly refund the buyer for the cost of the item and the original postage cost, and, in this case, we will require the seller to reimburse us for the refund.
Without limiting the foregoing, sellers may not have to pay a reimbursement for an eBay claim if they provide the documentation (for example, delivery confirmation or proof that the item was as described) indicated in the section above.
Other requirements for reimbursements from sellers:
Sellers must have a valid reimbursement method on file with eBay at all times.
Sellers agree to allow us to remove funds from their PayPal accounts to reimburse buyers. Sellers may change this reimbursement method by contacting
eBay.
Where there are insufficient funds in PayPal accounts or where PayPal is not the reimbursement method of a seller, we will require another reimbursement method.
For future claims where we find in favour of the buyer, we will notify the seller and continue to charge the sellers preferred method for any reimbursements made under the eBay Buyer Protection Policy. Changing a reimbursement method will not affect eBay’s use of a payment method on file for other purposes (such as payment of your eBay fees). If sellers do not provide eBay with a valid reimbursement method, we may collect amounts owed using other collection mechanisms, including retaining collection agencies and/or take one or more of the steps listed in the section below (Failure to comply – consequences).
Failure to comply - consequences
Where a seller fails to comply with the eBay Buyer Protection policy, eBay may also:
remove any special status associated with the account (including, without limitation, PowerSeller and eBay Top-Rated Seller status);
reduce or eliminate any discounts received by the seller;
decrease visibility of the seller’s listings in search results;
place certain requirements regarding payment options offered by the seller and potential holds on payments made through PayPal; or
restrict or suspend the seller’s account.
(If more detailed information regarding the process, please see sections eBay Buyer Protection - Buyers and eBay Buyer Protection - Sellers.)
Relationship between eBay Buyer Protection, PayPal Buyer Protection and Chargebacks
The eBay resolution process is the primary way to settle issues with eBay transactions, however, buyers will still have the option to continue with the PayPal resolution system instead, or to file a chargeback, if they paid using a credit card. eBay’s and PayPal’s Buyer Protection programmes are independent of credit card companies’ chargeback process. If you are not covered with eBay Buyer Protection or PayPal Buyer Protection, you can still check with your card processor. Once a buyer selects a system, eBay, PayPal or chargeback, they are required to use that system for the duration of the resolution process.
Here are the basic principles behind how eBay manages dispute resolution between eBay, PayPal and chargebacks:
eBay Buyer Protection is the primary programme for settling issues with eBay transactions
No double consequences for sellers, and no double refunds for buyers
Chargebacks override all other disputes
PayPal Buyer Protection
Buyers may still file a dispute using PayPal Buyer Protection. If a buyer chooses to resolve the dispute through PayPal, then the eBay Buyer Protection Policy will not apply (instead, PayPal Buyer Protection will apply). If resolution is reached by eBay, then PayPal will close future claims regarding the same transaction that are made through PayPal Buyer Protection.
Chargebacks
Chargebacks filed on an eBay transaction will close all claims filed with eBay or PayPal.
Where we find in favour of a buyer and the seller provides reimbursement to a buyer but then loses a chargeback, the seller may appeal the eBay Buyer Protection decision by providing evidence of the lost chargeback through the eBay resolution centre. If the decision is overturned, the seller will be refunded the reimbursement amount back to the original reimbursement method.
Buyers who open a chargeback claim after receiving a refund are abusing eBay Buyer Protection and maybe subject to consequences outlined in our “Abusing eBay” policy.
What happens if a buyer believes an item is counterfeit?
Items that are suspected of being counterfeit are covered by the eBay Buyer Protection Policy, subject to these additional terms:
Sellers and buyers must work together in good faith during the resolution process to satisfy buyer concerns that an item may not be authentic. For example, sellers should provide the buyer with appropriate documentation or other assurances, if such information is available.
Where the seller is not able to satisfy the buyer’s concerns that the item is not authentic, buyers may be required to send the item back to the seller (where eBay elects to exercise its discretion). Costs of return shipping may be paid by the buyer or eBay, in our sole discretion, unless otherwise agreed upon by the buyer and seller. Due to the unresolved dispute regarding the authenticity of the item, sellers must not later list, advertise or offer for sale the item on any eBay site or service around the world (including our subsidiaries, joint ventures and other members of the eBay corporate family).
Buyers are not obligated to provide third-party confirmation that an item is counterfeit to open a claim. However, in some cases, a buyer may have written confirmation that the item is counterfeit from a reliable third party (such as the manufacturer or law enforcement). In those cases, buyers agree to cooperate with eBay to ensure the proper disposal of the counterfeit item. For example, buyers may be asked to certify that the item has been destroyed or send the item to the rights owner or other appropriate third party for disposal. Any costs associated with this destruction or disposal may be paid by eBay, in our sole discretion.
Covered claims that meet the conditions and are not excluded may count as criteria, infringement or a violation by the seller of our prohibited and infringing items policy. As a result, eBay may impose sanctions on the seller, up to and including suspension of the seller’s account.
Assumption of rights
If eBay pays out a claim that you, as a buyer file under eBay Buyer Protection against a recipient of your payment, you agree to transfer and to allow eBay to have your rights, benefits and remedies against the recipient of their payment. This is known in legal terms for the buyer to agree to “subrogate” to eBay your rights against the recipient and third parties related to the payment, and agree that we may take over and deal with those rights, benefits and remedies directly or on your behalf (in your name), in eBay’s discretion. This includes you, as a buyer, agreeing the eBay has the right to take legal action in your name (but at our expense) and ask you to give further and additional details and support to help us recover the compensation we will pay or have paid to you.
Relevant links
Prohibited and Restricted Items Overview
Buyer Protection FAQ
Seller Protection FAQ
Selling Practices Policy
Must use Buy It Now and PayPal.
