Due to the nature of electronically delivered goods, extra care needs to be taken to prevent intellectual property infringement and minimize risks for buyers.
What is the policy?
- Electronically delivered items that are not allowed, include:
- Software keys the seller is not authorized to sell
- Digital copies or codes of movies that were included as part of purchasing a physical movie item. The seller needs to include the physical disk with the sale of the digital copy or code
- Sellers need to be eBay approved to list electronically delivered items outside of the Everything Else > Information Products category
- Sellers not approved by eBay to list electronically delivered items need to list their items in the Everything Else > Information Products category in the classified ad format
- Exceptions to this policy include electronically delivered:
- Tickets
- Domain names
- Digital trading cards
- Online gaming virtual items
- NFTs (Non-fungible tokens) may be sold only when they follow the below requirements:
- Sellers must meet the selling requirements described in the Products with eligibility requirements policy
- NFTs cannot contain content that is adult-only in nature, infringes on intellectual property, or doesn't follow eBay policies
- The listing price cannot exceed $10,000 and may not use Auction format or Best Offer
- They may be listed only on the eBay site where the seller is located
- They must be listed in the correct NFT category and may not be listed in multiple categories
- They may not be sold in combination with a physical item, and the returns policy must be No Returns Accepted
- NFT minting services are not allowed
Terms and conditions for eBay approved sellers
- Only pre-approved sellers will have access to the Item specifics for "digital" or "download" within the eBay listing categories. Electronically downloaded goods must be listed in these categories and eBay must approve such listings
- Sellers need to provide verification of either: (i) ownership of the electronically delivered goods; or (ii) authorization to legally offer and sell the electronically delivered goods on the eBay platform
- The item can't include anything that could damage anyone's device, could be used for malicious purposes (e.g. sending spam emails or spreading malware), or would violate anyone's privacy (e.g. spyware, cookies)
- Local pickup is not allowed for electronically delivered goods
- Sellers need to disclose in the listing all requirements for a buyer to receive delivery of the digital goods, including without limitation, (i) need for a U.S. credit card; (ii) creation of a separate account with the seller or brand publisher on another website; (iii) disclosure of certain buyer information in connection with the creation of an account or other product registration; and (iv) terms and conditions that buyer will be required to accept to complete delivery
- Sellers are responsible for customer support including post-transaction support for Items Not Received (INR) or items Substantially Not As Described (SNAD)
- Sellers acknowledge and agree, and need to disclose to buyers, that the electronically delivered goods will not qualify for eBay Money Back Guarantee
- Sellers need to: (i) be a registered eBay user in good standing; (ii) have a registered U.S. address; and (iii) have a valid eBay selling account
- In addition to complying with the terms of the eBay User Agreement, sellers need to comply with the following terms and conditions when selling electronically delivered goods:
- Seller Representations and Warranties. Seller represents and warrants that: (a) seller is a duly incorporated legal entity in good standing in the jurisdiction of its incorporation; (b) seller is the legal owner of the electronically delivered goods, as applicable, and such ownership is not from, or the result of, any illegal activity in the United States or any other country; (c) seller has the right, power, and authority to legally offer, sell, and deliver the electronically delivered goods. Seller shall list, offer, sell, and deliver the electronically delivered goods in compliance with all applicable laws and regulations, including intellectual property laws, and disclosures
- Indemnity. Seller agrees to indemnify and hold harmless eBay and its officers, directors, agents, and employees from any claim or demand, including reasonable attorneys' fees, made by a third party due to, connected to, or arising out of, seller's breach of these terms and conditions, or seller's violation of any law or the rights of any third party in connection with the offer, sale, or delivery of its electronically delivered goods using eBay services
- eBay reserves the right to change or supplement these terms and conditions at any time, including cancellation of the item specifics or categories for electronically delivered goods
Activity on eBay is required to follow this policy, the eBay User Agreement and all applicable laws, as well as respect the rights of third parties. If it doesn’t, eBay may take action consistent with applicable laws and the eBay User Agreement, and may even be legally required to do so. Such actions may include, as an example only: Removing the listing or other content, issuing a warning, restricting activity or account suspension.
Tip
Visit Seller Help - opens in new window or tab to find details of any policy issues with your account or listings, and get the information you need to quickly resolve them.
Why does eBay have this policy?
This policy protects buyers from purchasing unauthorized digital items.
