Sellers listing a phone bundled with a required service contract must:
- List only in the Phones with New Plan Purchase section of the Mobile Phones category.
- Offer a full refund within 10 days of payment to any buyer who is rejected for a service contract.
- Clearly state in listings if there are any restrictions that buyers may encounter in using the service.
- Offer and include the following text in all bundled listings:
"I am not prohibited from transferring this contract for mobile phone services. I will provide a full refund within 10 days to any buyer that does not qualify for our service, or is unable to utilise the contract, owing to any restrictions imposed by the mobile phone company on such transfer.”
Note: Sellers who decline to offer service to a buyer are not eligible to receive a Final Value Fee credit from eBay through the Unpaid Item process.
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.
Some Examples
- “Brand New Motorola mobile phone, activation required” listed in the “Mobile Phones > Phones with New Plan Purchase” category and including the text above is permitted.
- “Brand New Motorola mobile phone” in the appropriate category without the text above is permitted because it does not require a service contract.
Additional Information
Sellers listing on eBay should also note that under Malaysian law, persons who have shops dealing in second-hand goods or who possess an unusually large quantity of second-hand goods are presumed to be “dealers” under the Second-hand Dealers Act 1946 (Revised - 1977). Such dealers are required to obtain a licence prior to selling such items, and maintain records of all goods bought and sold, and persons with whom such business is conducted, price of goods, etc. Please note that a ‘shop’ is defined in the Second-hand Dealers Act 1946 (Revised - 1977) as a “house, place of business or other premises”. Sellers on eBay are cautioned that if they carry on a business of buying and selling second-hand goods in a shop, they should also comply with the requirements of the Second-hand Dealers Act 1946 (Revised - 1977).
Why does eBay have this policy?
This policy permits sellers to list phones with service contracts. It also ensures sellers offer an alternative to buyers in the event that it is later discovered that the service cannot be provided.