PayPal Buyer Protection Policy

Last Update: Nov 18, 2013
  1. General

    The PayPal Buyer Protection protects the buyer if an item purchased has not been shipped or if a shipped item is significantly not as described by the seller; see Clause 4 for details.

    The PayPal Buyer Protection only covers physical items that can be shipped; see Clauses 3.2 and 3.3 for details.

    As soon as the buyer files a claim for PayPal Buyer Protection, PayPal will review the claim and may ask both buyer and the recipient of the payment to provide additional information to settle the case.

    Alternatively, the claim may also be filed in the eBay resolution center.

  2. Payout.

    When a claim for PayPal Buyer Protection is successful, PayPal grants the buyer the full purchase price, including shipping costs. If the original payment was made in another currency than Euro, the payout amount will be in that currency.

    The payout is granted whether or not PayPal is able to claim the payout amount from the recipient of the payment.

  3. Eligibility.

    In order to qualify for PayPal Buyer Protection the following requirements must be met.

    3.1 The buyer has purchased an item and paid for it

    1. with PayPal from a registered PayPal account
    2. with PayPal (not from a registered PayPal account) on the German eBay site www.ebay.de, or
    3. with other payment methods on the German eBay site www.ebay.de where and to the extent a protection program is specifically advertised for that specific eBay purchase (ebay guarantee). Please note the specific requirements in 5.3.

    3.2 The item purchased is a tangible, physical item that can be shipped.

    3.3 The following items are not covered by PayPal Buyer Protection:
    1. Non-tangible goods, services, cash transactions (US only), gift vouchers, airline tickets, software licenses, downloads and other non-physical goods as well as custom-made items.
    2. Vehicles with a motor, especially automobiles, motorcycles, boats and aircrafts.
    3. Items that cannot be shipped.
    4. Industrial machinery used in manufacturing.

    3.4 The PayPal payment is associated with the item purchased. This means that the payment has been completed either   

    1. by availing of the Pay Now option on the eBay website; or
    2. via Send Money in your PayPal account stating the eBay item number; or
    3. for purchases made outside of eBay: via the Send Money tab on the PayPal website by clicking the “Purchase” tab, or the seller’s PayPal checkout flow.

    Further, purchases on www.ebay.de for which a payment method other than PayPal has been used may also be covered where and to the extent a protection program is specifically advertised for that specific eBay purchase (ebay guarantee). Other payments that you make outside the above-mentioned payment flows cannot be allocated by us and are thus not covered by Buyer Protection.

    You must have made the complete purchase price payment by means of a single payment (no installments, no down payments, no deposits, no deferred payments).

    3.5 The item does not violate the PayPal Acceptable Use Policy.

    3.6 Within 45 days after the payment has been initiated on the PayPal website the buyer initiates a resolution process for the problem, and tries to solve this dispute with the help of tools and resources provided by PayPal. This can be done in the Resolution Center after the user logged in to the PayPal account. In case it is not possible to achieve a resolution the buyer can file a PayPal buyer protection claim in the Resolution Center within 20 days after initiating the resolution process. This also can be done in the Resolution Center after the user logged in to the PayPal account. Please note that if you agree on delivery times that exceed or are close to 45 days after payment, you may not have a chance to file a Buyer Protection claim.

    3.7 The buyer meets the requirements as set out in Clause 5.

  4. Which cases are covered?

    The Buyer can benefit from PayPal Buyer Protection in these cases:

    4.1 For a paid item, if shipment has been agreed, the item has not been shipped by the seller, or the seller has not complied with the seller duties described in this section 4.1.

    PayPal Buyer Protection for items that have not been shipped does not cover items lost in transit. If the seller can provide within the required time frame valid proof of shipment (as described in more detail in the Seller Protection Policy) or a respective equivalent proving shipment and/or receipt as agreed between PayPal and the seller, PayPal will refuse to grant PayPal Buyer Protection.

    Before filing a claim for PayPal Buyer Protection, the buyer must allow sufficient time for shipping and delivery, at least one week, and try to resolve the dispute by directly contacting the seller.

    4.2 The item delivered is significantly not as described by the seller.

    Subsequently, here are a number of examples for items significantly not as described.

    This list is not exhaustive.

    1. The item significantly differs from its item description, e.g. an audio book instead of a print version, a desktop PC instead of a laptop computer, an empty box.
    2. The actual condition of the item differs significantly from condition as described, e.g. the item has obviously been used instead of being new and sealed.
    3. The item is unusable but was not mentioned as such in the item description, e.g. important parts or components are missing, the item does not work, or the best before date has expired. Note: This applies to the condition of the item, in which the buyer has received it, irrespective of the condition the item had originally been shipped.
    4. The item is not authentic, but was not declared as such in the item description, or the item is fake or a pirated copy.
    5. Part of the amount ordered is missing, e.g. ten golf balls had been paid for, but only four were delivered.
    Subsequently, here are a number of examples for items that do not qualify as significantly not as described. This list is not exhaustive.
    1. The item is defective but was not described as such in the item description: “Device may not work properly“, “Parts missing“, “The photo shows scratches or defects“.
    2. The buyer does not want the item anymore after having received it, or the item does not meet the buyers expectations, even though it has been described appropriately in the item description.
    3. The item description is misleading for both parties. For instance, if the item appears to come in a different color than advertised; the buyer calls it light green, while the seller states it to be turquois.

    PayPal decides each case individually by requesting and reviewing documentation to determine whether or not an item is significantly not as described.

    The decision about the claim on PayPal Buyer Protection is final and any legal actions against PayPal with respect to this decision are excluded.

    4.3 For any PayPal payment the buyer may only file one single claim on PayPal Buyer Protection, either when the seller has not shipped the item or when the item is significantly not as described. You may change the reason for your claim later on (e.g. if initially you did not receive an item but later on received one that was significantly not as described) via our online Resolution Center or by contacting our customer support.

    4.4 A claim on PayPal Buyer Protection may cover multiple items, e.g. if the buyer purchased three items But two don’t get shipped. The buyer has to apply for both within one claim.

  5. Buyer Responsibilities.

    5.1 The buyer must reply to any questions asked by PayPal in regards to the PayPal Buyer Protection claim within ten days. PayPal will decline the claim, if the buyer does not provide an answer within the given timeframe. PayPal may extend this time frame in case of extraordinary circumstances which are outside the control of the buyer.

    5.2 When the buyer files a claim for PayPal Buyer Protection because the item received significantly differs from the seller’s item description, the buyer is required upon request of PayPal to return the item at his own expenses to the seller, or to another person or address as requested by PayPal during the claims process, as well as to provide appropriate proof of shipment. The proof of shipment needs to contain at least the details required in the Seller Protection Policy for a proof of shipment of the Seller. PayPal will not request such return if there is the reasonable suspicion that the return of the item would result in a violation of existing law. PayPal reserves the right to request further documentation from the buyer to support the claim. The buyer has to bear any costs that may arise from this request.

    5.3 In case the buyer files a claim for protection for a purchase on www.ebay.de for which a payment method other than PayPal has been used (ebay guarantee), the buyer is required upon request of PayPal to provide proof of payment to the payment details agreed with Seller on ebay. In case of doubt that the payment has been received with the payment details agreed with the Seller, PayPal may ask Seller for evidence that the payment has actually not been received. PayPal will decline the claim if in the requested timeframe, the buyer does not provide the proof of payment or the Seller provides evidence that the payment has not been received.

  6. Final Provisions.

    6.1 Assignment of payment claims. As of the time of receipt of a PayPal Buyer Protection payout, the buyer hereby assigns any claims the buyer may have vis-à-vis the seller to PayPal, based on the contract of sale in the amount of the payout sum. For the avoidance of doubt, in case PayPal is fully satisfied after successfully pursuing such assigned claims against the seller, it will not seek double relief for the same matter under the User Agreement.

    6.2 Availability of PayPal Buyer Protection. PayPal reserves the right to modify or abandon PayPal Buyer Protection at its sole discretion and without naming reasons. In case of abandonment of the program, any open claims will still be processed until a final decision has been reached.

    6.3 Access to shipping information. The buyer grants PayPal the right to access on his behalf shipping information of the shipping service used in order to verify shipping of an item.

    6.4 Buyer Protection offered either by PayPal or eBay. PayPal will refuse a claim on PayPal Buyer Protection in case the buyer has already been granted a payout in relation to the same purchase in the scope of the eBay Buyer Protection program. Further, you may not file a claim with PayPal Buyer Protection, if in relation to the same purchase you have already filed a claim with an eBay Buyer Protection program.

    6.5 Statutory Rights and Rights under your Purchase Agreement. The statutory and/or contractual rights of the buyer and seller are not affected by the PayPal Buyer Protection and are separate from the PayPal Buyer Protection program. PayPal does not act as representative for either buyer, seller or the recipient of the payment. PayPal only decides on the outcome of a PayPal Buyer Protection claim. Please note that following the seller’s return policy (if any) can invalidate your potential claim in respect of the same item under PayPal Buyer Protection in certain circumstances. For instance, if the seller directs you to (and you proceed to) post the item to an address that does not correspond with our record, we may determine that you have not posted the item back to the seller in compliance with Section 5.2 above.

    6.6 PayPal Buyer Protection and chargeback right towards credit card issuer. The buyer may either file a claim on PayPal Buyer Protection or issue a chargeback towards the credit card issuer. Two payouts are not possible. PayPal denies claims on PayPal Buyer Protection if a credit card chargeback has already been issued. This is irrespective of the outcome of a chargeback claim towards the credit card issuer. Cancelling or denying a claim on PayPal Buyer Protection does not affect a chargeback claim towards the credit card issuer. Terms and conditions of the credit card issuer apply. It is generally recommended to try resolving any disputes directly with the seller, rather than filing a PayPal Buyer Protection claim; however, please note that if you opt to resolve the issue directly with the seller, your right to raise a buyer protection claim remains subject to the requirements and timeframes set out in 3.6. and it is your responsibility to keep track of these requirements and deadlines. PayPal reserves the right to limit access to the buyer’s PayPal account or to close that PayPal account, if the right to file a chargeback towards the credit card issuer is misused. PayPal also reserves the right to dispute any illegitimate chargeback cases. The regulations of the respective credit card issuer apply.