These Terms and Conditions apply to your use of eBay for Charity, and they consist of three brief agreements as set out below. Your use of eBay for Charity will be governed by these agreements unless you are a Participating Charity or acting on behalf of one with its express authorisation.
- Agreed with PayPal Giving Fund
PayPal Giving Fund UK (or “PayPal Giving Fund” or “we”) is an English company (company registration number 05507404, charity registration number 1110538) that administers the eBay for Charity programme. You agree with PayPal Giving Fund as follows in this section 1
- 1.1 Listing an item with a Donation. When you list an item on ebay.co.uk and specify in your listing that a percentage of the item’s final sale price (the “Donation”) is for donation to benefit a Participating Charity that you also designate in the listing, you then:
- commit to donate the Donation to PayPal Giving Fund UK for the benefit of the Participating Charity designated in your listing (subject to the power of redirection in clause 1.5 below).
- authorise and instruct PayPal Giving Fund to collect the Donation from you after your item has sold using the donation payment method set up in your eBay account. You also consent that eBay (as defined below) may disclose to PayPal Giving Fund what your donation payment method is, and you agree to provide any further authorisation or assurance required by your payment processor in order to facilitate collection by PayPal of your Donation. You can also pay the Donation to the PayPal Giving Fund using the form provided within your eBay account. If you do not pay your Donation by the fourth Monday after your item has sold, payment of your Donation will then be overdue.
- represent to all potential buyers on ebay.co.uk who see your listing that you will donate the Donation to PayPal Giving Fund for the benefit of the Participating Charity that you designated in the listing. The listing will include information about the Donation and the Participating Charity, and you recognise that potential buyers may rely on that information in making their decision to purchase your item.
You may edit or end your listing (and its Donation) using the functionality provided on ebay.co.uk, though you may incur a fee for doing so (Learn more). You can increase, but not reduce or remove, a donation by revising your listing.
All sums given through eBay for Charity are exclusive of VAT (if applicable).
- 1.2 Collecting overdue Donations. You will be unable to create new eBay for Charity listings until you have paid all overdue Donations. If you persist in failing to pay a Donation after we have notified you that it is overdue, PayPal Giving Fund may notify eBay that the Donation has not been paid as represented in your listing.
Donations are collected in the local currency of the Participating Charity that you designated in your listing.
If you fail to collect payment for the sale from the buyer, PayPal Giving Fund may cancel your commitment to pay your Donation at your request.
- 1.3 Gift Aid. If you pay your Donation and tick the Gift Aid box, PayPal Giving Fund will claim Gift Aid on your Donation and forward the Gift Aid received to the Participating Charity that you designated in your listing to benefit from the Donation. When you tick the Gift Aid box, you consent to us disclosing to HM Revenue and Customs the information required for claiming Gift Aid. You also have the right to cancel a Gift Aided donation for any reason within 21 days of the listing sale date on eBay.
- 1.4 Your Donation paid to your charity. When PayPal Giving Fund receives the Donation from you, PayPal Giving Fund will hold the Donation as trustee for the benefit of the Participating Charity designated in your listing. After receiving the Donation from you, PayPal Giving Fund will re-grant your entire Donation, with any Gift Aid obtained on your Donation, to the Participating Charity that you designated in your listing unless that becomes impossible or impracticable, and then clause 1.5 applies. PayPal Giving Fund pays Participating Charities on a cyclical monthly basis without interest.
- 1.5 Redirecting your Donation. If the Participating Charity that you designated in your listing ceases to be a Participating Charity before PayPal Giving Fund pays it, or if payment of your Donation to that Participating Charity becomes impracticable, PayPal Giving Fund may pay your Donation to a Participating Charity having a similar charitable purpose without notifying you.
- 1.6 Losses. You agree to pay any expense or loss suffered by PayPal Giving Fund as a result of your failure to perform your obligations under this agreement or your failure to pay on time a Donation that you specified in a listing.
- Agreed with eBay
You are contracting with an eBay company (individually and collectively referred to as "eBay") determined by your country of residence, as indicated on the eBay Contracting Parties page. For example, if you reside in the United Kingdom, you are contracting with eBay (UK) Limited. You agree with eBay as follows in this section 2
- 2.1 Objection by a charity. If you place a listing on ebay.co.uk that represents that a Donation will be made to a Participating Charity, that Participating Charity may notify eBay that it does not wish to be associated with the listing. eBay will then cancel the listing and return to you the insertion fee that you paid for the listing.
- 2.2 Consent for representation to buyers. You consent that eBay may make the representation required in clause 1.1(c) above on your behalf. If you are a business, you also consent that eBay may make a similar representation pursuant to clause 3.5 below.
- 2.3 Protecting auctions. To help ensure the integrity of charity auctions on ebay.co.uk, eBay reserves the right to require you to undertake further steps to protect the auction process initiated by your listing, including but not limited to requiring you to use eBay's pre-approval tools for bidders on potential high value items.
- 2.4 Failure to make good a donation. eBay may block you from listing with a Donation in the future, if you fail to pay a Donation to PayPal Giving Fund in a timely manner. eBay may also take further action if it determines that you have violated its Seller Practices Policy through a misleading listing. You also consent that PayPal Giving Fund may disclose your failure to pay a Donation, or your delay in paying it, to eBay in order to help ensure the accuracy of listings through eBay for Charity and manage the risk of inaccurate listings. You also agree to pay any loss or expense suffered by eBay as a result of your failure to pay a Donation before it becomes overdue.
- Agreed with the Participating Charity (for Business sellers only)
If you are a “commercial participator” (as defined below) using the eBay for Charity programme, then you agree as follows in this section 3 with PayPal Giving Fund, which is acting here on behalf of each Participating Charity that you designate to benefit from a Donation from you.
- 3.1 “Commercial Participator” defined. Under English law, a "commercial participator" is a person or organisation which:
- carries on a business for gain (other than a charitable fund-raising business), and
- represents, in the course of that business, that charitable contributions are to be given to a charity or applied for a charity’s benefit. (see Charities Act 1992 section 58(1)).
You are a commercial participator if you are a business using eBay for Charity and you designate a Participating Charity to benefit from a Donation from a listing.
- 3.2 Effective period. If you are a Commercial Participator, the agreement in this section 3 will take effect in relation to a particular Participating Charity when you designate that Participating Charity to benefit from a Donation in an eBay listing, and the agreement will cease to have effect when you either pay the Donation specified in that listing to PayPal Giving Fund for the benefit of that Participating Charity, or your donation is cancelled pursuant to clause 1.2 above.
- 3.3 Objective. The principal objective of this agreement (in this section 3) is to facilitate Donations by you to Participating Charities through eBay for Charity, the method which you and the Participating Charity agree to use to accomplish that objective.
- 3.4 Details determined pursuant to section 1. You and each Participating Charity designated by you to benefit from a Donation in a listing on ebay.co.uk agree that you determine in such a listing:
- which Participating Charity will benefit from your Donation (subject to the power of the PayPal Giving Fund to redirect your Donation pursuant to clause 1.5) ; and
- how much of the proceeds from the sale of the listed item will be donated as your Donation.
- 3.5 Statement of donation. You authorise eBay to make the statement on your behalf to prospective buyers as agreed in clause 1.1(c) above (see also your consent in clause 2.2 above. (This statement fulfils a responsibility you have under the Code of Fundraising Practice promulgated by the UK Institute of Fundraising.)
- 3.6 Books and records. When you designate in an eBay listing that a Participating Charity is to receive a Donation that Participating Charity may, on request, inspect your books, documents and records relating to that Participating Charity and Donation. You agree to cooperate with the Participating Charity in agreeing the time, place and circumstances of this inspection. PayPal Giving Fund may fulfil this responsibility on your behalf with respect to records about your Donation that it holds. (This clause fulfils a responsibility you have under the Code of Fundraising Practice promulgated by the UK Institute of Fundraising.)
- 3.7 Paying your Donation. You agree to pay a Donation to PayPal Giving Fund as provided in clauses 1.1 and 1.2 as soon as reasonably practicable after sale of the listed item and in any case before payment of your Donation becomes overdue. (This clause fulfils a responsibility you have under the Code of Fundraising Practice promulgated by the UK Institute of Fundraising.)
- 3.8 Protecting the charity. You agree not to do anything that will bring, or be likely to bring, the Participating Charity into disrepute. You also agree to refrain from representing that the Charity endorses or approves of your goods, services or activities. You agree to reimburse the Participating Charity for any cost, loss, or liability it suffers as a result of your breach of this Agreement.
3.9 Direct Sellers. This clause applies to you if you have been appointed as a Direct Seller by a Participating Charity (Participating Charities can do this on the Direct Seller Administration page). You represent and warrant that you: (i) have identified your eBay User ID to PayPal Giving Fund before creating your listing; (ii) are a rightful employee or agent of a Participating Charity and (iii) your listing benefits that Participating Charity.
- General Terms (apply to all agreements above)
These General Terms form part of each of the three agreements set out in the preceding sections of these Terms and Conditions.
- 4.1 Variations. PayPal Giving Fund and eBay may post a revised version of these Terms and Conditions on the web pages of eBay for Charity (https://pages.ebay.co.uk/ebayforcharity/index.html ). The revised version shall apply to listings that you make on ebay.co.uk after we post the revised version. Any other variation of any of the foregoing agreements shall be effective only if agreed in writing between you and the party to that agreement.
4.2 Indemnity. You agree to indemnify eBay against any and all third-party claims arising from violations of these Terms & Conditions. Should you be found in violation of these Terms & Conditions by falsely representing yourself as an employee or agent of a Participating Charity, or by failing to transfer 100% of proceeds from the sale of the item(s) to the designated Participating Charity, eBay retains the right to permanently revoke your eBay account and charge seller fees for items inappropriately represented as charitable listings.
- 4.3 No assignment. You agree not to assign this Agreement or any of your rights under it, nor sub-contract any or all of your obligations under this Agreement.
- 4.4 No third-party rights. 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.
- 4.5 Severability. If any provision of these Agreements is or becomes to any extent invalid or unenforceable under any applicable law then the remainder of these Agreements shall continue in full force and effect.
- 4.6 English law and jurisdiction. 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.
- 4.7 Privacy consent for disclosures between parties. You consent that PayPal Giving Fund, eBay, and the Participating Charity designated in your listing may share all information relevant to your listing and the payment of a Donation with each other in order to fulfil the obligations and purposes of these agreements.
- 4.8 Definitions. In these Terms and Conditions:
- “Donation” means a percentage (up to 100%) of the sale price of an item to be sold in a listing on ebay.co.uk, which percentage you intend to donate to PayPal Giving Fund as agreed in section 1 above.
- “eBay” is defined as in section 2 above.
- “eBay for Charity” is a programme administered by PayPal Giving Fund to facilitate donations to Participating Charities by sellers on ebay.co.uk.
- “Participating Charity” is a charity which is eligible to participate in eBay for Charity, and has successfully enrolled with PayPal Giving Fund to participate in eBay for Charity.