EGS TERMS & CONDITIONS | eBay Global Shipping

TERMS & CONDITIONS

INTRODUCTION

These terms and conditions ("T&Cs") shall govern your usage of the eBay Global Shipping Platform (the “EGS Platform”).
The EGS Platform provides you with access to independent and third-party logistic service providers (each an “LSP”), to access their shipping services as needed.
By continuing to use the EGS Platform, you acknowledge and agree that you:
1. have read, understood and unconditionally accept these T&Cs;
2. shall at all times comply with these T&Cs;
3. have accepted the eBay User Agreement (the “UA”); and
4. have accepted the eBay User Privacy Notice.
If you do not accept and agree to these T&Cs, you acknowledge and agree that you should immediately exit from and not use the EGS Platform.
THIRD PARTY WEBSITES & SERVICES
The EGS Platform contains links to independent Third Party websites and/or applications and may also contain content supplied by independent Third Parties.
Subject to Clause 9, you may enter into binding contracts with Third Parties via the EGS Platform for services provided and/or fulfilled, either in whole or in part, by Third Parties.
In relation to Clause 5, you acknowledge and agree that:
1. eBay owns and operates the EGS Platform as an intermediary to facilitate eBay users’ access to shipment services, but eBay does not itself perform those services;
2. such Third Party websites and/or applications to which the EGS Platform contains links to, are not under eBay’s control;
3. eBay is not responsible for the accuracy or completeness of any Third Party content found on the EGS Platform or any Third Party website and/or application;
4. eBay has no responsibility for, nor does eBay endorse any Third Party content; and
5. any Third Party websites and/or applications are governed by their own terms and conditions and privacy policies and access to them is at your own discretion.
In relation to Clause 6, you acknowledge and agree that:
1. such services are provided by Third Parties that eBay does not control nor purport to control;
2. different terms of use and privacy policies may apply to your use of such Third Party services and content;
3. eBay does not endorse any Third Party’s services and shall in no event be liable for any services and/or products of such Third Parties;
4. at no time shall any right, title or interest over the Items vest with eBay, nor shall eBay have any obligations or liabilities in respect of any shipping services; and
5. eBay is not responsible for any unsatisfactory or delayed performance of services or damages or delays as a result of services provided by such Third Parties to you.
Notwithstanding any other provision of these T&Cs, you unconditionally and irrevocably acknowledge and agree that:
1. our primary objective is to provide access to the EGS Platform as a means of enhancing the experience of eBay Sellers across our websites;
2. any contract(s) for any shipping services you enter into with an LSP via the EGS Platform (a “Shipping Contract”) is a matter strictly between you and the LSP;
3. details of the fees that you may be charged in relation to each LSP’s shipping services are summarised here for your ease of reference (“Shipping Fees Summary”);
4. we shall not be liable to you in any way in relation to the performance of the relevant Shipping Contract; and
5. you expressly waive any and all rights to make any Claims against us in relation to such Shipping Contracts.
ELIGIBILITY
In accepting and agreeing these T&Cs, you hereby warrant and represent to eBay that you can enter into legally binding contracts as defined under the Indian Contract Act, 1872.
In accepting and agreeing these T&Cs, you acknowledge and agree that:
1. you may only use the EGS Platform to facilitate shipments to destinations outside of India;
2. persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 (including minors, un-discharged insolvents, etc.) are not eligible to use the EGS Platform;
3. the EGS Platform is only available to holders of a valid eBay Account that have been selected by eBay, and eBay may at its sole discretion, extend or limit access to the EGS Platform, including in relation to any risk assessment of any eBay Accounts;
4. eBay reserves the right immediately terminate your access to the EGS Platform and/or cancel any or all of your transactions if eBay suspects that you are a minor, are in breach of these T&Cs and/or not in compliance with these eligibility requirements; and
5. eBay reserves the right immediately terminate or restrict your access to the EGS Platform to manage any risks identified by an eBay risk assessment.
SHIPPING SERVICE COMPLIANCE
In order to enhance your user experience, you shall comply with the following:
1. LSPs shall only collect Item(s) from you at an address for which KYC verification has been completed; and
2. you will be solely responsible for complying with all Applicable Law when shipping Items to your buyers, this includes being responsible for obtaining and maintaining all consents, licenses and registrations necessary:
  1. for the carrying on of your business activity; and
  2. for the booking and transportation of the Item(s) pursuant to a Shipping Contract.
SHIPPING FEES
You acknowledge and accept that:
1. eBay shall collect from you the fees which shall include, but not be limited to, an amount equivalent to the fees payable to the LSP under each Shipping Contract, and such other fees as eBay may charge for the use of the EGS Platform services (together the “Shipping Fees”);
2. eBay’s collection of Shipping Fees is to facilitate the transactions contemplated by a Shipping Contract, not to create contractual obligations with you in respect of the shipping of any Items;
3. nothing about these T&Cs shall in any way be construed as eBay providing shipping services to you, or for eBay being liable for your obligations and/or the obligations of the LSP under a Shipping Contract;
4. you shall be liable to pay the Shipping Fees irrespective of whether your Item(s) are lost, delayed or damaged during the course of transit or returned by an LSP undelivered for any reason; and
5. eBay may, at its discretion, collect Shipping Fees prior to the due date of the applicable invoice to mitigate any issues arising in relation to eBay’s risk assessment of your eBay Account.
For the purposes of Clause 17 the following will apply in relation to collection of Shipping Fees:
1. you can access the monthly invoices raised by eBay in respect of shipping services from your eBay Account; and
2. you must follow the fees and payment process and timelines as set out by eBay in these T&Cs and the relevant eBay Websites.
You acknowledge and agree that whilst we are only collecting invoices on behalf of the LSPs, your failure to pay such invoices may result in us, in our sole discretion, acting against you including:
1. the suspension of your eBay Account and any related accounts (as eBay may deem appropriate); and/or
2. a referral to the appropriate police or other authorities for initiating criminal or other proceedings, including civil recovery through arbitration, against you, where relevant.
MISUSE OF THE EGS PLATFORM
You acknowledge and agree that only Items sold by you on an eBay Website using the eBay Account that you have registered with the EGS Platform, may be shipped using the services procured through the EGS Platform.
In other words, you shall not book a shipment through the EGS Platform for any item sold by you using any eBay Account(s) other than the eBay Account that you have registered with the EGS Platform.
You shall ensure that you do not use the EGS Platform to facilitate the transportation or attempted transportation of anything that contains:
1. anything that cannot be exported or transported legally;
2. anything that is prohibited by any Applicable Law, regulation or statute, including but not limited to the Antiquities and Art Treasures Act, 1972, the Wild Life (Protection) Act, 1972, the Indian Penal Code, 1860, the Arms Act, 1959;
3. bullion or currency, negotiable instruments in bearer form (e.g. bearer cheques / drafts, money orders, promissory notes, bearer bonds, bearer share certificates), stamps, open tickets, un-cashed travelers' cheques, credit cards or SIM cards; counterfeit goods, ivory, animals (or parts thereof), weapons, explosives or ammunition, human remains;
4. dangerous/hazardous goods or combustible materials, or any items restricted or prohibited under the rules of IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), ADR (European Road Transport Regulation on dangerous goods) or other relevant organization;
5. drugs/narcotics; or
6. anything which is restricted/prohibited to list/sell on an eBay Website or which is prohibited by the terms of the LSP services that you access through the EGS Platform.
eBay may, without prior notice or obligation to provide reasons for, immediately remove or limit your (and any of your related accounts’) access to the EGS Platform, activity on the EGS Platform, and/or cancel any transaction procured through the EGS Platform, if in eBay’s sole opinion:
1. you misuse or abuse the EGS Platform in any manner whatsoever (which shall include, without limitation, mis-declaring product values, weights, categories or attempting to deceive any applicable customs or authorities);
2. you use the EGS Platform in any manner detrimental to the business interests of eBay, its affiliates or group companies and/ or eBay's users;
3. eBay is unable to verify or authenticate any information you provide; or
4. your actions may cause unacceptable legal liability for you, eBay, any LSPs, any eBay users and/ or any third parties.
Any restriction imposed upon your use of the EGS Platform, shall not in any manner be deemed to be a waiver of eBay's right to recover from you any fees, charges, expenses, costs including but not limited to any costs / charges / expenses incurred by eBay in defending any liability or allegation on eBay of any non-compliance by you of the provisions of these T&Cs.
eBay may, without prejudice to our other remedies, take action against you for any breach of these T&Cs, including (but not limited to) charging you Rs.50,000.00 per misuse/abuse as liquidated damages. You agree and acknowledge that such amount is payable to eBay as liquidated damages and represents a genuine pre-estimate of the loss that eBay would suffer due to any non-compliance by you.
Any actions taken by eBay shall not be deemed to waive nor prejudice, any other right or remedy available to eBay under these T&Cs, Applicable Law or equity.
SERVICE DISPUTES
You acknowledge and agree that:
1. in the event of any claims or disputes arising in relation to services procured by you from a third party LSP, you are solely responsible for dealing with that third party LSP;
2. in the event of any loss or damage to your Items or loss due to delay in shipment or undelivered return the terms and conditions set out in the Shipping Contract will govern the Third Party’s liability for that loss/damage and you shall have no recourse to us whatsoever.
3. in the event of claims or disputes arising on account of any non-performance of services by the LSP whether willful or otherwise, it is the terms and conditions set out in the Shipping Contract that will govern the LSP’s liability and you shall have no recourse to us whatsoever; and
4. eBay shall not be responsible or liable for any claim or disputes between yourself and any LSP and/or any buyer (including in relation to any claims of fraud, willful misconduct or similar) and you shall have no recourse to us whatsoever.
As always, eBay recommends that in the event you desire to seek full coverage for loss of shipments or delay, you should consider insuring those shipments either through the LSP or through an independent insurance provider. In any event, eBay shall not be liable to you in any way whatsoever and shall not be party to any such disputes between you, any LSP, your buyers or any insurance company.
WARRANTIES
You warrant and represent to us that at all times whilst you use the EGS Platform you shall not breach any of the conditions of these T&Cs.
You acknowledge and agree that:
1. the EGS Platform and any services accessible via the EGS Platform are provided on an “as is” and “as available” basis;
2. eBay does not guarantee that the EGS Platform, or any content on it, will be free from errors or omissions;
3. the LSP may deliver your Items to the buyer(s) who have transacted with you on the eBay Website;
4. eBay does not guarantee the quality, suitability, safety or ability of Third Party LSPs associated with the provision of any services accessible through the EGS Platform;
5. the entire risk arising out of your use of the EGS Platform remains solely with you, to the maximum extent permitted under Applicable Law;
6. that insofar as is permitted by Applicable Law eBay provides no warranties nor gives any representations or undertakings to you whatsoever including that:
  1. the content on the EGS Platform is accurate, complete or up to date; or
  2. that the EGS Platform or any content, service or feature of the same shall be error-free or uninterrupted, or that any defects will be corrected,
7. that eBay and Third Party content providers provide no warranties nor give any representations or undertakings as to the ownership, accuracy or adequacy of the content on the EGS Platform; and
8. eBay excludes all conditions, warranties, representations or other terms which may apply to the EGS Platform or any content on it to the maximum extent permitted by Applicable Law.
LIABILITY
eBay’s total liability to you for any and all loss whatsoever under these T&Cs shall be limited to Rs.5000.00 in aggregate for any and all claims under these T&Cs arising for whatever reason whatsoever.
You acknowledge and agree that you shall fully indemnify eBay and/or its affiliates and associated companies from and against any and all claims and/or losses of whatever nature suffered, sustained or incurred, arising out of or in connection with:
1. your breach of Applicable Law;
2. your breach of these T&Cs;
3. your use of the EGS Platform;
4. any Third Party Claim against us as a result of any Shipping Contract you are a party to; or
5. eBay’s use of any and all information that you submit to us including via the EGS Platform in connection with a Shipping Contract.
You acknowledge and agree that eBay may manage the risks associated with providing you with access to the EGS Platform, including by placing restrictions on your access to your funds or instructing eBay designated payment entity or a payment service provider to hold or to make direct debits to your funds, prior to disbursement, if eBay reasonably believes it necessary or beneficial;
1. given your selling history, seller performance, returns, chargebacks, listing category, transaction value;
2. to manage fraud, risk management, or compliance;
3. to pay for any refunds, reimbursements, or other payments associated with returns, Disputes, or other post-transaction activities;
4. to pay for any costs incurred as a result of any breaches by you of these T&Cs.
In the situations described in Clause 27, we will:
1. notify you through the eBay Website Announcement Board and/or by email.
2. settle any unused retained amounts to your Linked Financial Account within 180 days of the applicable event.
Under no circumstances shall eBay be liable for Indirect Loss under these T&Cs.
GENERAL PROVISIONS
You may not assign, novate, or otherwise transfer all or any of your rights, benefits or obligations under these T&Cs without eBay’s prior written approval.
eBay may assign, novate, transfer or deal in any way with its rights and/or obligations under these T&Cs, including to an affiliate or any Third Party.
No failure to exercise, nor any delay in exercising, any right, power or remedy under these T&Cs shall operate as or be deemed a waiver of the same. Waivers must always be given in writing.
Any waiver of any breach of these T&Cs shall not be deemed to be a waiver of any subsequent breach.
All notices under these T&Cs shall be in writing and shall be delivered by email to the party due to receive it at the party’s designated email address. In eBay’s case, please send it to DL-eBay-Legal-SIJ-AE@ebay.com.
None of the provisions of these T&Cs shall be deemed to constitute a partnership or agency between you and eBay and you shall have no authority to bind eBay in any manner whatsoever.
Your relationship with eBay is on a principal to principal basis and by your acceptance of these T&Cs, you agree that eBay is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on the eBay Website and/or sold by you.
If any clause of these T&Cs shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of these T&Cs.
eBay shall not be liable for any delay or non-performance of its obligations under these T&Cs as a result of any Force Majeure Event.
Nothing contained in these T&Cs or any actions by you shall amend or alter, or shall be deemed to have amended or altered, any of the provisions of the UA or Shipping Fee Summary except to the extent that the provisions were mentioned in these T&Cs.
You acknowledge and agree that:
1. eBay may amend or withdraw the EGS Platform and/or these T&Cs at any time by any of the following:
  1. sending you a withdrawal notice or posting a revised version on the relevant eBay Website;
  2. notifying you via the relevant eBay Website Announcement Board; and/or
  3. sending an email to your eBay registered email ID;
2. any amendments of these T&Cs or the Shipping Fees Summary will be effective at, the earlier of, the time eBay posts it on the relevant eBay Website or announcement board or informs you by notice to your eBay registered email ID; and
3. no amendments shall be considered as a variation or reduction of your rights and/or responsibilities.
These T&Cs shall be governed and construed in accordance with the laws of India.
If a dispute arises between you and eBay, we strongly encourage you to first contact us directly to seek resolution of the dispute by addressing the dispute to an eBay grievance officer at grievance_officer@ebay.com. Failing resolution through the grievance officer, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral Third Party identified and appointed by eBay. The place of arbitration shall be Mumbai, India. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language. The award of the arbitration proceedings shall be final and binding on the parties to the dispute. The arbitrator shall also decide upon the costs of the arbitration proceedings.
DEFINITIONS

“Affiliate” means any entity that is Controlled by a Party or under common Control of that Party.

“Applicable Law” means all national, state, local, central, customs and municipal legislation, regulations, statutes, by-laws, approvals and/or other laws and any other instrument or direction from officials having the force of law as may be issued and in force from time to time (and any amendment or subordinate provisions thereto) relating to or connected with the activities contemplated under these T&Cs, wherever so located and/or performed.

“Control” means the:

ownership or control (whether directly or indirectly) of more than 50% of the voting share capital of the relevant entity;
ability to direct the casting of more than 50% of the votes exercisable at general meetings of the relevant entity on all, or substantially all, matters; or
right to appoint or remove directors of the relevant entity holding a majority of the voting rights at meetings of the board on all, or substantially all, matters,

and the terms “Controls”, “Controlled” and “Controlling” shall have the equivalent grammatical meaning.

“eBay Account” means a user account registered with an eBay Website.

“eBay” means eBay Singapore Services Pte Ltd and shall include that eBay Singapore Services Pte Ltd's Affiliates.

“eBay Websites” means any eBay site including, but not limited to, www.ebay.in, www.eBay.com, www.eBay.de and www.eBay.com.au.

“eBay Website Announcement Board” means the announcement board of the applicable eBay Website.

“Force Majeure Event” shall mean and include events and circumstances which are beyond the control of any party and shall include, without limitation, acts of God, earthquakes, cyclone, storm, flood, war, terrorist strikes, strikes, civil commotion, pandemic, government act, plane-crash or any other action or omission by anyone outside the reasonable control of the LSP.

“Indirect Loss” means, in relation to a breach of these T&Cs, any loss of production, loss of use, loss of revenue, loss of profit, loss of contract, loss of goodwill, or any indirect, consequential or special loss.

“Item” means any item listed on or sold via an eBay Website by a seller with a valid eBay Account.

“Logistic Service Providers” means any third party logistics services provider that you may engage with through this EGS Platform;

“Third Party” means a natural person or legal entity who is neither you nor eBay.