PayPal Buyer Protection Policy

What is the PayPal Buyer Protection Policy?

S7.1 The PayPal Buyer Protection Policy applies to payments made using our Services.

S7.2 If you are an eligible buyer, the PayPal Buyer Protection Policy can help you recover payments made in respect of certain items purchased where items are:

  1. Not received; or
  2. Significantly not as described.

S7.3 If your purchase meets the requirements for the PayPal Buyer Protection Policy, we will attempt to recover your payment from the seller.

S7.4 If you have received any cash back, rebate, credit or other promotional incentive from us or any third party for a purchase eligible for the PayPal Buyer Protection Policy, you may only recover the amount of your payments less the value of the cash back, rebate, credit or other promotional incentive.

S7.5 Where we are unable to recover the whole or part of your payment from the seller we may, in our absolute and sole discretion, decide to make a payment as a gesture of goodwill.

S7.6 You have no automatic entitlement to receive any payments under the PayPal Buyer Protection Policy.

S7.7 The PayPal Buyer Protection Policy does not indemnify you for loss which may be incurred and it is not a contract of insurance.

S7.8 If we determine a claim in your favour we will reimburse you the full purchase price of the item and original postage costs only. We will not reimburse you for the postage costs you incur to return an item to the seller or another party we reasonably specify.

S7.9 If the seller presents Proof of Shipment to your address, we may find in their favour even if you did not receive the item.

Item not received

S8.1 You should wait a reasonable amount of time – at least 7 days – to receive the item before filing a dispute for an item not received. Significantly not as described

S9.1 An item may be considered “significantly not as described” if:

  1. The item is completely different to that represented by the seller at the point of sale;
  2. The condition of the item is significantly different to how it was described;
  3.  The item is unusable and was not disclosed as such. (Note, this applies to the item in its received state.);
  4. The item is not authentic and was not disclosed as such; or
  5. The item is missing a major portion or quantity.

S9.2 An item is not considered to be “significantly not as described” if:

  1. It was reasonably and prominently described at the seller’s point of sale;
  2. The description could have been reasonably misinterpreted by you or the seller. For example, if the item is a different colour than advertised (eg, the item is aquamarine but was advertised as teal);
  3. The item did not meet your expectations; or
  4. It has minor scratches but was listed as “in used condition.”

S9.3 We reserve our right to make a decision if you and the seller cannot agree and we will exercise our sole discretion when determining a claim of “significantly not as described.” We will consider numerous factors which may include the communications between you and the seller and any documentation you have provided. We will provide you with reasons for our decision upon request.

Eligibility

S10.1 You may be eligible for the PayPal Buyer Protection Policy if all the following requirements are met:

  1. You use PayPal as your payment method;
  2. Your payment is less than $20,000;
  3. Your payment is not a Personal Transaction and is made through:
    1. The “Checkout with PayPal” button or by otherwise selecting PayPal as part of a seller’s PayPal checkout flow;
    2. An eBay “Pay Now” button or an eBay invoice,
    3. The “Send Money” button of your account by selecting “eBay Item” and entering your eBay User ID and the eBay item number for purchases on eBay, or
    4. The “Send Money” tab on our website, by clicking the “Purchase” tab
  4. Your payment is made from your account and not directly from a Credit Card processed through our Website Payments Pro or Virtual Terminal service;
  5. You pay the full amount in one payment;
  6. The item is not received or is significantly different to how it was described;
  7. Your account is in good standing;
  8. Your purchase is for a tangible good that can be shipped. For the avoidance of doubt, the PayPal Buyer Protection Policy does not apply to:
    1. Intangibles (for example digitally delivered goods), although we may cover intangibles which have been transferred to a physical media (such as paper or CD-ROM) and shipped;
    2. Services;
    3. Licences and other access to digital content;
    4. Travel tickets; or
    5. Sale of business
  9. Your purchase is not for:
    1. Vehicles (including cars, motorcycles, caravans, boats and planes);
    2. Real estate;
    3. Custom made items;
    4. Industrial machinery used in manufacturing;
    5. Items prohibited under our Acceptable Use Policy or eBay’s “Prohibited and Restricted Items and Services” policy (which will prevail in the event of any inconsistency with this policy);
    6. Items you collect in person or arrange to be collected on your behalf; or
    7.  Quasi-cash items such as gift cards, pre-paid cards or deal vouchers;
  10. You file a dispute in the PayPal Resolution Centre within 45 calendar days of the transaction and, in the event that the dispute remains unresolved, escalate the dispute to a claim within 20 calendar days of the date you filed the dispute;
  11. You have not sent the item back to the seller without our direction to do so; and
  12. The seller has not provided valid Proof of Shipment in relation to an “item not received” claim.

S10.2 For eBay listings, you should look for either a PayPal Buyer Protection or eBay Buyer Protection message. If you see this message and meet all other eligibility requirements, your item is eligible for PayPal Buyer Protection. If the listing does not include the buyer protection message, it is not eligible for PayPal Buyer Protection.

Limitation

S11.1 The PayPal Buyer Protection Policy will not protect you:

  1. For more than one claim for a single PayPal payment;
  2. If you initiate a dispute through the Resolution Centre and also file a Chargeback directly with your Credit Card provider or a claim with eBay or any other company with respect to the same transaction. If you receive payments from both us and another organisation with respect to the same transaction, we will seek to recover any payment we have made to you under this policy;
  3. If you do not comply with the process set out in clause S12; or
  4. If you do not comply with your responsibilities as set out in clause S13.

Process
S12.1 If you purchase an item using our Services where the item is not received or is “significantly not as described,” you may file a dispute in the Resolution Centre within 45 calendar days of the date of the transaction.

S12.2 We will notify the seller when you file a dispute. While the dispute is open, you and the seller can access the details via the Resolution Centre and post messages to each other. Any messages you post are viewable by us and the other party to the dispute.

S12.3 In the event that the dispute remains unresolved, you may escalate it to a claim within 20 calendar days of the date you filed it. If you do not escalate the dispute to a claim within 20 days it will be automatically closed and cannot be reopened.

S12.4 If you escalate the dispute to a claim, we may review and use the content of all posted messages to evaluate your claim.

S12.5 You can file a dispute for “item not received” and then change it to “significantly not as described” if circumstances change, but not vice versa. Unless stated otherwise, a claim may not be edited or changed (other than to add further information) after it has been filed unless PayPal exercises its discretion to allow you to change your initial claim or you make an appeal before the claim is determined and closed.

Buyer responsibilities

S13.1 You must respond to our enquiries within the timeframe specified by us. If you fail to respond we will not continue to process your claim or otherwise assist you in relation to your complaint and it will be closed and may not be reopened.

S13.2 We may request website details (including URL) or a receipt for the eligible item.

S13.3 If you file a “significantly not as described” claim we may require you to ship the item at your expense to the seller, to us or to a third party designated by us.

S13.4 For counterfeit item claims, we may also require you to:

  1. At your expense, obtain documentation from a qualified third party to substantiate your claim or to verify that you have destroyed the item if we request you to do so;
  2. Supply a copy of a police report substantiating your claim; and/or
  3. Make the item available for the seller to collect at their expense.

S13.5 If we ask you to ship or return the item to the seller at the address we confirm to you after the claim has been decided in your favour, you must take precautions in repacking the item to reduce the risk of damage in transit and provide Proof of Shipment.

S13.6 If you are required to send the item to us, you agree to transfer the ownership of the item to us and provide all reasonable assistance in ensuring that the transfer of ownership takes place.

S13.7 If you and the seller agree to a refund amount that is less than the amount of the original transaction, and the seller provides you the refund, we will consider your dispute/claim to be successfully resolved.

Relationship between PayPal Buyer Protection and Chargebacks

S14.1 Credit Card Chargeback rights, if applicable, may be broader than the PayPal Buyer Protection Policy. Chargeback rights are not limited to specific amounts per transaction, may be filed more than 45 days after the payment and may cover intangible items.

S14.2 You may pursue a claim or dispute with PayPal or contact your Credit Card provider to pursue your Chargeback rights. You may not pursue both at the same time or seek a double recovery. If you have an open claim or dispute with us and subsequently file a Chargeback with your Credit Card provider, we will close your dispute or claim.

S14.3 Before contacting your Credit Card provider or filing a dispute with us, you should contact the seller to resolve your issue in accordance with the seller’s return policy.

No double recovery

S15.1 You may not file a dispute or claim or receive a recovery for a purchase under the PayPal Buyer Protection Policy if you have already filed a case with or received a refund for that purchase directly from the seller, eBay or another third party.

Exclusions

S16.1 If we reasonably determine, having considered all the relevant circumstances, that you have made an excessive or unreasonable number of claims, Reversals or Chargebacks, we may exclude you from the PayPal Buyer Protection Policy and deny all open and future claims, or take any other actions pursuant to this Agreement. We will notify you if you are excluded.

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