seyms
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posted on January 29, 2003 05:52:24 PM
Is it allowable for an English seller to state "3% charge if you use paypal"?
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bear1949
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posted on January 29, 2003 06:04:17 PM
It may NOT be against British law, but it agains eBay's rules to add charges for accepting CC payments.
eBay shut down several of my auctions a year ago when I tried to do that.
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Libra63
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posted on January 29, 2003 06:06:56 PM
From PayPals agreement:
No Surcharges. Under Visa, MasterCard, Discover and American Express regulations and the laws of several states, including California, merchants may not charge a fee to the buyer for accepting credit card payments (often called a "surcharge" . You agree that you will not impose a surcharge or any other fee for accepting PayPal as payment. This restriction does not prevent you from imposing a handling fee in connection with the sale of goods or services, as long as the handling fee does not operate as a surcharge (in other words, the handling fee for transactions paid through PayPal may not be higher than the handling fee for transactions paid through other payment methods). Nor does this restriction apply to Pound-denominated transactions by sellers residing in the United Kingdom listing items for sale on a UK-based website.
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Twelvepole
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posted on January 29, 2003 06:52:59 PM
THE KEY THERE IS THAT THE ITEMS MUST BE LISTED ON THE UK WEBSITE AND NOT THE US ONE.
AIN'T LIFE GRAND... 
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jensmome
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posted on January 29, 2003 07:33:11 PM
Doesn't matter where it's listed. Surcharges are NOT allowed. MC and VISA are international and the rule applies internationally. Ebay is a US based company. I know of no bricks and mortar presence in Britian.
He may offer a cash (check or MO) discount but absolutely can not do a surcharge.
Personally, I'd turn him in. I turned in my favorite auctioneer after he refused to abide by the rules. And lo and behold, no more surcharges.
[ edited by jensmome on Jan 29, 2003 07:35 PM ]
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ahc3
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posted on January 29, 2003 07:39:30 PM
I had a British seller ask for the same. I told him that I would not pay any surcharge, and then quoted him both on paypal and ebay's site where it says this is not allowed. I suggested that he rethink this, that if he did not agree to drop the surcharge, I would not hesitate to inform ebay why I could not finish the transaction. He very quickly agreed to drop the surcharge.
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KarenMx
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posted on January 29, 2003 08:15:47 PM
A couple years ago I tried to "turn in" a UK seller charging a surcharge for PayPal. eBay said it was legal because he was not a US seller, California laws don't apply to the UK (which I knew) and the UK credit card merchant agreements didn't necessarily mirror the US agreements. I suppose all that could have changed...
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ahc3
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posted on January 29, 2003 08:22:17 PM
Yes, but it is against Ebay's terms of service, it is a violation and usually the threat of turning someone in when they know they are in violation is enough.
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smenkveld
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posted on January 29, 2003 08:59:07 PM
The overseas sellers can charge a fee to use a credit card the rules are different for them. I go to Holland every year and most hotels add 4-5 percent if you pay with a credit card and it is legal.
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ahc3
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posted on January 29, 2003 09:02:01 PM
They can charge a fee in Holland, but they can NOT charge a fee if they are selling nights at the hotel on ebay. Ebay does not allow for these surcharges. Prostitution is legal in Amsterdam, but you can't sell a night with a prostitute on ebay, it is against them rules!
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robertsmithson
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posted on January 29, 2003 09:16:53 PM
THE KEY THERE IS THAT THE ITEMS MUST BE LISTED ON THE UK WEBSITE AND NOT THE US ONE.
Twelvepole nailed the correct response.
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ahc3
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posted on January 29, 2003 09:28:45 PM
Well, it is also against the terms of service of paypal as well, I don't think it matters where you live so while it might be okay with Ebay UK, Paypal is still a problem...
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robertsmithson
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posted on January 29, 2003 10:52:00 PM
PayPal observes international law and not just the California law about surcharges that binds ebay because they are based in California. PayPal is a whole lot bigger than just the United States and it's laws.
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sanmar
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posted on January 30, 2003 12:01:16 AM
Don't forget PayPal is also based in CA. They have to abide by CA laws.
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tomyou
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posted on January 30, 2003 07:03:50 AM
Bottom line just don't bid on it. If it state that in his auction and you dont like it Dont bid on it and Move on. Also There are many different laws abroad about surcharges. I love the USA also but we are not the Maker of all laws. Ebay UK may very well have different stipulations and I know for a fact the credit card surcharge laws are different. Paypal opened its door to international transaction and certain specs will vary from country to country according to THEIR laws.
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revvassago
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posted on January 30, 2003 10:14:05 AM
Don't forget PayPal is also based in CA. They have to abide by CA laws.
This has nothing to do with laws, but everything to do with the TERMS OF SERVICE of both PayPal and eBay. Their terms of service have nothing to do with the law.
If PayPal says you can't charge a surcharge, and you do, you are violating PayPal's terms of service that you agreed to when you signed up.
The cops won't come after you, but PayPal can freeze your account.
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ahc3
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posted on January 30, 2003 10:18:54 AM
Thank you revvassago for summing it up perfectly. Laws are different everywhere. It's terms of service that are an issue here. If you live on the moon, there are currently no laws there, but if you sell on ebay and use paypal, you can not include a surcharge without violating the terms of service agreed to when you got an account.
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shop4shoes
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posted on January 30, 2003 10:27:13 AM
I was told by a mastercard rep that surcharges are against their policy in ANY coutry. She said that the merchant agreements in other countries are very similar to the ones that are in use here.
If they have a surcharge in Holland, all you need to do is report them to MC or Visa.
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