The following User Agreement shall apply to users registering on or after 10 July 2008, as from the date of registration. For users who registered prior to 10 July 2008, the User Agreement shall apply as from 13 August 2008. You can find the old User Agreement here.
The following describes the terms on which eBay offers you access to our services.
Introduction
Welcome to eBay. These terms and conditions apply to the services available from the domain and sub-domains of eBay.co.uk (which include, but are not limited to, ebaymotors.co.uk), and from all other eBay-branded websites provided for U.K. users. If you reside in the U.K. or another country that is a member of the E.U., by using the services on the eBay websites (ebay.co.uk, eBay.com and other related websites where this agreement appears) you are agreeing to the following terms, including those available by hyperlink, (belive me it includes a lot of
hyperlink) with eBay Europe S.à r.l., 22-24 Boulevard Royal, L-2449 Luxembourg,(Is Luxembourg where all the gangsters open bank
accounts and it is not part of the EU and offers eBay protection from the law)
and the general principles for the websites of our subsidiaries and international affiliates. If you reside within the United States, you are contracting with eBay, Inc. In all other countries, your contract is with eBay International AG. If you have any questions, please refer to our Help section.
Before you may become a member of eBay, you must read and accept all of the terms and conditions in, and linked to, this User Agreement. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you also agree that your use of some eBay-branded websites or websites we operate may be governed by separate user agreements and privacy policies. The agreement that applies on any of our domains and subdomains is always the agreement that appears in the footer of each website. The User Agreement constitutes a legally binding agreement between you and eBay.
So remember to read and compare the user agreement
on each and every eBay site incase some of the small print has changed and as if
we have nothing better to do with our lives.
This Agreement is effective on 13 August 2008, for current users, and upon acceptance for new users.
Using eBay
You may not use our sites and services if you are under the age of 18 or you are not able to form legally binding contracts, or if your eBay membership has been suspended. It's OK kids they don't check your
details , IP address or anything else and this is why the scamsters keep opening
new accounts and you can ask AnyNameWillDo
or AnyNameWillDo808
While using eBay, you will not:
post, list or upload content or items in an inappropriate category or areas on our sites;
breach any laws, sell any counterfeit items or otherwise infringe the copyright, trade mark or other rights of third parties;
breach our policies including, without limitation, the Prohibited and Restricted Items policies and the other policies linked to from the "Additional terms" section below;
fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;
This is your get out of jail free card as eBay themselves can not authenticate the
seller and here is a list of members I past to eBay and i have it in writing that
they were all opened using fake deails. Kawasakiz25039 , Garry473473 , MarkMark.0121
, Paul39393939 , IBuyCarsandBikes , Mk39Escort, Belkin0121, gsnnah0121, Sccobster199
fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
manipulate the price of any item or interfere with other user's listings;
"Giant auction site eBay is being sued for allegedly using "shill" bidding against
its own customers to force up prices and increase the fees it's able to charge."
Full story here
circumvent or manipulate our fee structure, the billing process, or fees owed to eBay;Is that the one where eBay takes cash and
only gives credits back minus fees when things go wrong ?
post false, inaccurate, misleading, defamatory, or libellous content (including personal information);
take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information to non-eBay sites or for using it for purposes unrelated to eBay);External site like
this and GoofBay do this to expose eBay and the fraud they try to brush under the
carpet and when eBay polices themselves then these site will all vanish.
transfer your eBay account (including feedback) and user ID to another party without our consent; Snipe sites are costing eBay a
fortune and it's the way buyers are protecting themselves against shill bidding
on eBay but you need to register your userID and passwords with these sites.
distribute or post spam, chain letters, or pyramid schemes;
distribute viruses or any other technologies that may harm eBay, or the interests or property of eBay users;
copy, modify, or distribute content from our sites and eBay's copyrights and trademarks; or
harvest or otherwise collect information about users, including email addresses, without their consent. eBay controls access
to email addresses so see them when you get a load of span and then you can have
one of them automated, one size fit's all replys if you contact eBay to complain.
See Privacy policy for more details
If you are registering with eBay as a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business on eBay, you must comply with all applicable laws relating to online trading (please see Business Selling Explained for more information).
We will commence supplying our services to you as soon as you accept this Agreement. Unless you and eBay agree otherwise, you will not be able to cancel this Agreement under the Consumer Protection (Distance Selling) Regulations 2000 (or any equivalent legislation in your jurisdiction) once the supply of the services has commenced.
Looks like eBay are judge and jury on this one
but do some reseach and you will find they are subject to distance selling regulations
Abusing eBay
eBay and the eBay community work together to keep our sites and services working properly and the community safe. Please report problems, offensive content and policy breaches to us.
eBay's Verified Rights Owner (VeRO) programme works to ensure that listed items do not infringe upon the copyright, trademark or other rights of third parties. If you believe that your rights have been infringed, please notify our VeRO team through our Verified Rights Owner (VeRO) programme and we will investigate.
Without limiting other remedies, we may issue you with warnings, limit, suspend, or terminate our service and user accounts, restrict or prohibit access to, and your activities on, the sites (including, without limitation, cancelling bids and removing listings), delay or remove hosted content, and take technical and legal steps to keep you off our sites if: Or they
kick you off for no
reason
we think that you are creating problems (including, without limitation, by harassing eBay staff or other users or by making unreasonable legal threats against eBay), or exposing us or another eBay user to financial loss or legal liabilities;
we think that you are acting inconsistently with the letter or spirit of this Agreement or our policies;
despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or
you earn a net feedback rating of -4.Just keep
buying 50p items and this will never happpen
We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.Can eBay show me the
confilmed account for
kawasakiz25039 ? I don't think so
You agree not to hold eBay responsible for any loss you may incur as a result of eBay taking any of the actions described above.This
bit will not stand up in court and is not worth the paper it's written on
No spam
We do not tolerate spam (unsolicited commercial communications). Please set your eBay notification preferences so we communicate to you as you prefer. You may not add other eBay users, even a user who has purchased an item from you, to your mailing list (email or physical mail) without their consent.
You may not use our communication tools to send spam or otherwise send content that would breach our User Agreement. We may automatically scan and manually filter email messages before they are sent via our communication tools for spam, viruses, phishing attacks and other malicious activity or illegal or prohibited content, but we do not permanently store such messages. If you send an email to an email address that is not a registered eBay email address belonging to an eBay member, we do not permanently store that email or use that email address for any marketing purpose. We do not rent or sell these email addresses. No eBay
you give them away to what you term trading partners.
To report spam from other eBay users, please contact eBay Customer Support.
Using information about other eBay users
Our sites and services enable users to share personal and financial information in order to complete transactions. When users are involved in a transaction, they may obtain access to each other's name, user ID, email address, and other contact information, postal information and financial information. We cannot guarantee that other users will respect the privacy or security of your information and therefore we encourage you to evaluate the privacy and security policies of your trading partners before entering into transactions and choosing to share your information with them. Similarly, we ask you to respect other users' privacy and disclose your privacy and security policies to them. In all cases, you must give other users a chance to remove themselves from your database and a chance to review the information you have collected about them.
You agree to use user information only in accordance with applicable laws and regulations (including, without limitation, data protection laws) and only for:
eBay-transaction-related purposes that are not unsolicited commercial communications
using services offered through eBay; and
other purposes a user expressly agrees to.
Fees
Joining eBay and bidding on listed items is free. We do charge fees for using other services, such as listing items. When you list an item or use a service that has a fee you have an opportunity to review and accept the fees that you will be charged based on our Fees policy, which we may change from time to time. Changes to that Policy are effective after we provide you with at least fourteen days' notice of them by email, by posting the changes on the eBay site or via “My Messages”. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites.
Unless otherwise stated, all fees are quoted in GB pounds sterling. You are responsible for paying all fees and applicable taxes associated with using our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is overdue, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us and retaining collection agencies and legal counsel, and for accounts over 180 days overdue, deducting the amount owed from your PayPal account balance.) You agree that we may issue you with invoices in electronic format by email.You also
agree they can take cash and return credits and you do understand NoPal and eBay
are one and the same company but i suspect NoPal will be sold of like a chrishmas
turkey at some stage.
Content
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, trade marks, database rights and intellectual property rights you have in the content, in any media known now or in the future. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law.
For the convenience of sellers, we may offer catalogues of stock images, descriptions and product specifications, which are provided by third-parties. While we try to offer reliable data, we cannot promise that the catalogues will always be accurate and up-to-date. If you choose to include catalogue content in your listings, you will be responsible for ensuring that your listings are accurate and do not include misleading information. You agree that you will not hold our catalog providers responsible for inaccuracies in their catalogues. The catalogue may include copyrighted, trademarked or other proprietary materials. You may use the catalogues only for informational purposes and only in connection with your eBay listings. You may not use catalogue content in a way that infringes or breaches anyone’s proprietary rights.
Liability
Nothing in this Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law. Does that mean i've lost my £3850 because
eBay allowed a scamster to open eight eBay accounts without have reliable contact
details for any of these accounts :(
You will not hold eBay responsible for any loss you may incur as a result of eBay taking any of the actions described in the Abusing eBaysection above nor for other users' actions or inactions, including things they post. You acknowledge that we are not a traditional auctioneer. Instead, our sites are a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and venues, such as stores, fixed price formats and auction-style formats. At no point do we have possession of anything listed or sold through eBay.
We do not review users’ listings or content and are not involved in the actual transaction between buyers and sellers.(yes they are involved
in the transaction) We have no control over and do not guarantee the quality, safety or legality of items advertised,(yes
they do have some control over the items listed) the truth or accuracy of listings, the truth or accuracy of feedback or other content posted by users on our sites, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.
Please do not assume that the offer, sale, purchase, export or import of any item is valid and legal simply because it is listed on one of our sites.
You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on any of our sites.
Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the internet is difficult. eBay cannot and does not confirm,(eBay is contradicting
themselves here) and is not responsible for ensuring, the accuracy or truthfulness of users' purported identities or the validity of the information which they provide to us or post on our sites.
We cannot guarantee continuous or secure access to our services, and operation of our sites may be interfered with by numerous factors outside of our control. While we will use our reasonable endeavours to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.
We (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising out of your use of our sites and services. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) £100.What rubbish or has eBay forgot this
£30m fine
it got
Release
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Access and interference
Our sites contain robot exclusion headers. Much of the information on our sites is updated on a real-time basis and is proprietary or is licensed to eBay by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access our sites for any purpose without our express written permission. I don't think the bots can
read this bit and i've looked at the META tags and see no bot messages just
a few nofollow tags in the page.
Additionally, you agree that you will not:
take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;With
so many sites monitoring eBay I guess this is a big problom and it's a shame sites
like this exist but if eBay won't police themseves then what do they exspect.
copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from our sites without the prior expressed written permission of eBay and the appropriate third party, as applicable;
interfere or attempt to interfere with the proper working of our sites or any activities conducted on our sites; or
bypass our robot exclusion headers or other measures we may use to prevent or restrict access to our sites.(Once again what headders)
Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the eBay Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the eBay Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services.
Compensation
You agree that you will only use our sites and services in accordance with this Agreement. You will compensate us in full (and our officers, directors, agents, subsidiaries, joint ventures and employees) for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of this Agreement or your violation of any law or the rights of a third party.
wot ten pages saying eBay is liable for nothing and now they want money if we do
anything wrong !
No agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Notices
Except as explicitly stated otherwise, legal notices shall be served by registered mail to eBay Europe S.à r.l. (ref:eBay.co.uk), 22-24 Boulevard Royal, L-2449 Luxembourg. We shall send notices to you by email to the email address you provide to eBay during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by registered mail to the address provided during the registration process. Notices sent to either party by registered mail shall be deemed to have been received by that party three days after the date of mailing. You could try emailing eBay but don't
exspect a responce.
Third party rights
A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this Agreement or which exists or is available apart from that Act.
You already told me 3rd partys have no rights ! do make up you mind.
Resolution of disputes
If a dispute arises between you and eBay, we strongly encourage you to first contact us directly to seek a resolution by going to the eBay Customer Support help page.
BIG NO NO
They pull the pages and then pretend to know
nothing about them and leave the trading standards waiting for 3 months for information.
FIRST thing to do is copy all the pages, feedback and any messages you have since
eBay deletes messages after 90 days.
We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. This Agreement shall be governed and construed in all respects by the laws of England and Wales.(Why is Scotland
missing) You and eBay both agree to submit to the exclusive jurisdiction of the English Courts; for claims falling within the jurisdiction of a County Court, you and eBay both agree to submit to the jurisdiction of the County Court of Wandsworth. Why does eBay know the judge
in Wandsworth or something
Additional terms
The following policies (together with all further policies that can be accessed via click-through links contained in such policies) are part of this Agreement and provide additional terms and conditions related to specific services offered on our sites. We expect you to read all of the linked documents carefully:
Took me all day to get this far and now they want me to read these nineteen links
aswell.
Each of these policies may be changed from time to time.(Like
buyers feedback) Changes take effect when we post them on the eBay site. When using particular services on our sites, you are subject to any posted policies or rules applicable to services you use through our sites, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement.
So to sum up you have no rights and eBay is
not part of any transactions whos head office in a tax havens and eBay likes to
use the courts each time for some strange reason but the good news is
eBay share price is going down so maybe they will take a note of what members
are saying in the futuer.