Frustrated Private Seller does legal research

[leeceedee88]

I used to be OK with how Simple Delivery worked for me. Now, a 2 hr txt chat, many cascading customer service emails, 3 telephone conversations totalling around 5 hours, and  a sudden fundamental shift in the way my account works, it's now three week later and I am exhausted by the inability to get a straight answer. So instead of asking eBay again I did some research into UK law and how it applies to my situation.

I wrote a summation of my very interesting findings to attach here, but only images are allowed; not text documents. 

One thing that may surprise you (it did me) is...that nowhere in the current eBay User Agreement does it state that Simple Delivery is mandatory for all sellers, despite what I have been told repeatedly. And it doesn't make a distinction between Private and Business sellers either

The agreement only provides that:

“For listings that are eligible, you may see a simplified listing flow where eBay will require you to list with Simple Delivery as your delivery method and post your item using the Simple Delivery label provided to you.”

This wording means eBay may require some listings to use Simple Delivery, but it does not create a blanket obligation. (And the Agreement does not define 'eligibity'. )

eBay User Agreement (effective 22 July 2025), Section 15 – Simple Delivery.

[roger_roger_over_and_nowt]

Probably because SD hasn't been applied to all relevant categories just yet.

Once that's been completed i guess a new user agreement will surface.

[sml192]

'Eligibility' is defined in Section 5 of the Simple Delivery T&Cs (eBay delivery Terms and Conditions).

https://pages.ebay.co.uk/shipping/delivery/seller-terms/

Including:

c) User Eligibility.

The Services are available for eligible listings by private sellers only. 

[leeceedee88]

Sorry, just realised this is a very long reply written in an increasingly frustrated tone.    Don't feel obliged to read it. 

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But does that make sense? The user agreement in operation 'permits' eBay to roll out SD. It does not absolve them of the obligation to notify users in advance of any material changes to the way their account works, nor allow them to wait until all the changes have been made to re-write the User Agreement.

During my latest conversation with an eBay agent I received an order.  The conversation finished around 6 and I went out, returning at about 11. I came home to find 2 more orders. Nice!.

But instead of me checking the order, choosing the right postage, paying for the correct label, and then printing it,  eBay had taken funds directly from my balance at the point of sale, charged me £3.38 for one (correct) and £6.65 for the other (so wrong!).  I wasn't able to check or vet the buyer, and was not involved with approving the payments. (I would have queried the £6.65 charge for a £3.38 service) .  Not much I can do except buy the correct postage elsewhere and apply for a refund.  I then withdrew my balance. 

Later I  received the reply to a question I asked to the earlier buyer and went ahead and bought the LL <£20 label for 2.70.

This morning I saw that eBay had tried to deduct the 2.70 from my empty balance without using my stated preferred payment method (bank), and I now had a negative balance. Instead of falling back to taking the funds from my bank eBay had scheduled a future “charge attempt” against my linked linked bank account ("Next charge attempt: Tue, Sep 23")

This creates a form of short-term debt that would remain visible in my balance until cleared and fundamentally changes the nature of the contract to a credit based relationship, and alters the agreed payment terms. .  Sellers are now effectively compelled to leave funds with eBay to avoid being marked as in debt and  (surprise surprise) eBay have also allowed themselves the right to to require a minimum 10%  of sales income be maintained as reserve. (see  eBay Payments Terms of Use UK (21 April 2025)

I paid the £2.70  and it was described by eBay as "One-time payment 5xxxxxxxxxxxxxxx From  X Bank  ending in xxxx For accrued selling costs" ... And that language  'accrued selling costs' frames the event as a debt, my debt, rather than eBay not following through on agreed payment preferences.  

I no longer have any say in any part of the payments transactions; or how my transactions are framed, how much I am charged: I have lost control on dispatch/delivery times, can no longer upgrade the speed of delivery by chosing next day or similar if the purchaser needs something quicker.  

This is not a business for me. I am having to sell my personal library of books in order to keep me afloat financially.  I make sure i act fairly, kindly. I do my best and sometimes do extra. Yet I/we  are expected more and more to act as a business because at some undefined point in time, without very little or no transparency, and no defined understanding of eligibilty, the system has been changed to prevent me having any control. 

This is on top of the problems that I have been trying to get sorted before yesterdays change. Of course I can a) stop selling, or b) move to another online marketplace. But then a) I'm stuffed and b) I've spent 2 years listing my books. I can't go through that again.  

[leeceedee88]

That's not how I read it - it does say the the SD services are available to private sellers only (and Business sellers would probably refuse them!), but not what the criteria is for those private sellers who are deemed eligible. 

And the fact that the document is not fully dated odd. When was it written/posted?  1st August or the 31st?  This is a document informing users of changes. There needs to be transparency as to exactly when these come into force else Section 28 is unenforceable -  "eBay may amend these Terms, including applicable fees, at any time by posting the amended terms on the eBay.co.uk site. Except as stated elsewhere, all amended terms shall automatically be effective fifteen (15) days after they are initially posted. "  The 15 of August is very different from the 15th September. 

[jonatjonatjonat]

I don’t ready that as being any criteria beyond being a private seller.

there is item eligibility though it’s very vague. and

a) Item Eligibility.

Not all listings on eBay.co.uk are eligible for the Services. eBay will determine which items are eligible for the Services. eBay reserves the right at any time, in its sole discretion, with or without notice to you, to alter or amend the eligibility requirements for the Services, including, but not limited to, limits on the number, type, category, and/or value of items and/or transactions. 

so the terms basically say, eBay decides. Those are the terms you would agree to by continuing to use eBay.