Direct Checkout Terms of Use
1. Overview
a. This Etsy Direct Checkout User Agreement (“Agreement”) is a legal agreement between Etsy, Inc. (“Etsy,” “we,” “our,” “us,” or “the Site”) and, you, a Seller on Etsy (“Seller,” “Sellers,” “you,” or “user”). In order to accept payments directly through Etsy, Sellers must register for a Shop Payment Account (“Shop Payment Account”) and use Etsy’s direct checkout service (“Direct Checkout”). Direct Checkout allows Sellers to accept authorized credit card transactions (“Payment Transactions”), have those funds credited to Seller’s Shop Payment Account, and have those funds subsequently deposited into Seller’s designated bank checking account (“Bank Checking Account”). The person purchasing from a Seller (“Buyer” or “Buyers”) may authorize a Payment Transaction with any major credit card accepted by Etsy, including Etsy Gift Cards. Etsy Gift Cards are prepaid credit cards; these transactions are handled in the same way as credit card transactions on Etsy and are subject to the Gift Card Terms of Use.
b. Etsy helps facilitate marketplace transactions and is not the purchaser of the Seller's goods. See the Etsy Terms of Use for more information.
c. Direct Checkout is generally available seven (7) days per week, twenty-four (24) hours per day, except for scheduled downtime due to system maintenance.
d. Direct Checkout is only available to Sellers who register (“Registered Seller”) and are approved for a Shop Payment Account. Sellers must be at least 18 years old to register for a Shop Payment Account.
e. Direct Checkout functionality may be made available, modified, or discontinued by us at any time without notice and is subject to the limitations in the DOs and DON’Ts and the Etsy Terms of Use.
f. As a security measure, we may, but are not required to, impose transaction limits on some or all Buyers and Registered Sellers relating to the value of any transaction, deposit, or adjustment, the cumulative value of all transactions, deposits, or adjustments during a period of time, or the number of transactions per day or other period of time in accordance with Section 4d of this agreement. We will not be liable to Registered Seller: (i) if we do not proceed with a transaction, deposit, or adjustment that would exceed any limit established by us, or (ii) if we permit a Buyer to withdraw from a transaction.
g. We may refuse service to anyone, for any reason, at any time.
2. Payment Transactions
a. Buyer may authorize a Payment Transaction with any major credit card accepted by Etsy, including Etsy Gift Cards.
b. By registering for Direct Checkout, Seller agrees always to comply with and to sell items in accordance with the Etsy Terms of Use.
c. The use of Direct Checkout must be solely for the sale of items listed on Etsy. Registered Seller agrees to ship sold item(s) once the Payment Transaction is complete and reflected in the Shop Payment Account. Etsy reserves the right to terminate Registered Seller’s access to Direct Checkout if Seller is determined to be using Direct Checkout for transfer of funds not related to the sale of items listed on Etsy.
d. Etsy reserves the right to decline Payment Transactions that we have reason to believe to be high risk, fraudulent, or in violation of this Agreement.
e. Etsy will bear the risk of credit card fraud (i.e. fraudulent purchase arising from the theft and unauthorized use of a third party's credit card information) occurring in connection with Payment Transactions. In the event Registered Seller is found to be complicit with any credit card fraud, Etsy will not be liable.
f. Etsy maintains records associated with Payment Transactions and does not pass any secure data, including credit card numbers, to Registered Seller. Registered Seller will receive shipping information and limited Buyer account information as needed to complete the order. Use of this information is dictated by our Privacy Policy.
3. Shop Payment Account
a. Direct Checkout is only available to Sellers who register and are approved for a Shop Payment Account. A Shop Payment Account allows Registered Sellers to track payment amounts, refunds, and fees related to Payment Transactions. Sellers must provide personal information as requested during registration, must provide us true and accurate information, and must maintain and update that information as applicable. Sellers will not impersonate any person or use a name he or she is not legally authorized to use. Seller authorizes us, and authorized agents, to verify his or her information (including any updated information) by accessing public records and to obtain credit reports about Seller in order to approve Seller for use of the Shop Payment Account. Registered Seller also authorizes us to verify his or her information from time to time while Registered Seller is using Direct Checkout. The Shop Payment Account is available only to individuals who meet the terms of eligibility for the Etsy selling community and who have been issued a credit card acceptable by Etsy.
b. Etsy reserves the right to conduct periodic reviews of Registered Seller’s registration information and usage of Direct Checkout.
c. Registered Seller will resolve any dispute directly with Buyer or with the assistance of the dispute management and refund tools available on Etsy, and according to the guidelines outlined in Etsy’s DOs and DON’Ts. In the event of a dispute being escalated to Etsy’s customer support team, Etsy reserves the right to issue a refund to Buyer if transaction is found to be in violation of the Etsy Terms of Use or DOs and DON’Ts. In the event of chargebacks submitted by Buyer, Etsy will respond to credit card networks on behalf of Registered Seller; Registered Seller agrees to provide any requested information to us within five calendar days of the request. Etsy reserves the right to recoup funds associated with Buyer chargebacks in accordance with Section 5 of this Agreement.
d. We will inform Registered Sellers of each Payment Transaction, or of other information pertaining to Direct Checkout, using our standard communication procedures, including email or other messaging services associated with Registered Seller’s account.
e. Registered Sellers can access Payment Transaction information online in the Shop Payment Account. Registered Sellers may access the Shop Payment Account only with a browser that is compatible with Direct Checkout, including any security features that are a part of Direct Checkout.
f. Sellers may provide refunds or adjustments to Buyers for their Payment Transactions made on Etsy using refund functionality enabled by Etsy and accessible through the Shop Payment Account. Funds to cover refunds will be deducted from Seller’s Shop Payment Account balance. In the event of insufficient funds to cover the amount of the refund, Seller’s credit card on file will be charged.
g. Fully refunded Payment Transactions may be eligible for cancellation in accordance with Transaction Guidelines outlined in the DOs and DON’Ts.
h. Etsy charges an applicable fee (“Payment Processing Fee”) (see Fees Policy) for processing each Payment Transaction. The fee amount will be assessed on the gross order amount, including shipping and tax (if applicable). The fee will be posted to the Shop Payment Account and will be deducted from the total amount of the Payment Transaction at the time the payment is considered complete as defined in Section 4a. We reserve the right to modify the Payment Processing Fee at any time pursuant to our Fees Policy. Any other fees included in Fees Policy remain applicable. In the event of any partial or full refunds credited back to Buyer in association with a Payment Transaction, the Payment Processing Fee and other applicable fees will be recalculated based on the adjusted sale price. The difference between the original Payment Processing Fee and the adjusted Payment Processing Fee will be applied to the refund amount being credited back to Buyer. Other applicable fees will be refunded on Registered Seller’s bill.
4. Deposits
a. All funds resulting from a completed Payment Transaction will be reflected as a balance in Registered Seller’s Shop Payment Account. Payment Transactions are considered complete once the payment is approved. If Registered Seller’s first sale date is less than 90 (ninety) days ago, Payment Transaction completion also requires that the sold item is marked as “shipped” using the tools made available in Registered Seller’s account. Any refunds, adjustments, or other amounts paid to Buyers in connection with purchases, or for funds received since the last Payment Day, as defined in Section 4b, are also applied to Registered Seller’s Shop Payment Account balance. Funds in a Shop Payment Account balance are eligible for deposit (“Available Balance”) into Registered Seller’s Bank Checking Account at the end of any applicable deposit delay, reserve, or hold period as defined in Section 4d.
b. Available Balances can only be deposited into bank checking accounts in the United States.
c. We will initiate a deposit of Registered Seller’s Available Balance into Registered Seller’s Bank Checking Account on a weekly basis, every Monday ("Payment Date") or on the next business day if the scheduled Payment Date falls on a non-business day. If Seller requests a change to the scheduled Payment Date by using the tools provided by us in the Shop Payment Account, the following deposit will be made on the day selected by Registered Seller, and the next scheduled deposit will continue to be on the following Monday. When Registered Seller either initially provides or later changes his or her bank account information, Registered Seller must wait at least five (5) calendar days to request a deposit into Registered Seller’s Bank Checking Account. The next scheduled deposit after a change to Bank Checking Account information will occur on the first Monday after a period of five (5) calendar days from the date of the requested change. Deposits into Registered Seller's Bank Checking Account will generally be credited within three (3) to five (5) business days of the date we initiate the transfer.
d. If we reasonably conclude based on information available to us that Registered Seller's actions and/or performance in connection with Direct Checkout may result in Buyer disputes, chargebacks, or other claims, then we may, in our sole discretion, put into effect a hold, deposit delay, or reserve associated with Registered Seller’s Shop Payment Account balance. A hold may be put on funds associated with a particular Payment Transaction in the event of disputes or investigations associated with the order for the shorter of: (a) 180 days after the estimated delivery date; or (b) completion of any investigation(s) regarding any Registered Seller actions and/or performance in connection with the Payment Transaction. Deposit delays are defined as the number of days between a sale and the day the net amount from the sale becomes available for deposit, provided the payment has been completed as defined in Section 4a. A deposit delay may be between 0 and 180 days. A deposit delay is applied across all Payment Transactions for Registered Seller and the number of days is reflected in each Registered Seller’s Shop Payment Account. A reserve is defined as a fixed percentage of Registered Seller’s Shop Payment Account balance delayed prior to being included as part of Seller’s Available Balance for a period of up to 180 days. All holds, deposit delays, and reserves will be communicated to Registered Seller by email or a notice on the Site. We will not be liable to Registered Seller if we act in accordance with the provisions of this Section.
e. In the event funds cannot be deposited into Registered Seller’s Bank Checking Account, the funds will be reflected back in Registered Seller’s Shop Payment Account balance. Registered Seller will be required to update his or her Bank Checking Account information.
5. Recoupment
a. We reserve the right to seek reimbursement from Registered Seller if we, in our sole discretion provide a refund to Buyer if Registered Seller cannot promptly deliver the goods, or if we discover erroneous or duplicate transactions, receive a chargeback from Buyer's credit card issuer for the amount of Buyer's purchase from Registered Seller, or Registered Seller otherwise does not act in accordance with the DOs and DON’Ts.
b. We may obtain reimbursement of any amounts owed by Registered Seller to Etsy by deducting from future payments owed to Registered Seller, reversing any credits to Registered Seller’s Shop Payment Account balance, charging Registered Seller's credit card on file, or seeking such reimbursement from Seller by any other lawful means, including collections. You authorize us to use any or all of the foregoing methods to seek reimbursement, including the charging of your credit card or debiting from your checking account.
6. Reporting obligations
a. Beginning with the 2011 tax year, new Internal Revenue Service (“IRS”) regulations require that U.S. third-party settlement organizations and payment processors, including Etsy, file Form 1099-K to report unadjusted annual gross sales information for sellers that meet both of the following thresholds in a calendar year (reporting):
1. More than $20,000 in gross sales, and
2. More than 200 transactions.
As a result of these regulations, Registered Sellers who approach 75 (seventy-five) transactions in a calendar year, regardless of sales volume and aggregated across his or her Shops, will be required by Etsy to provide taxpayer-identification information and will be notified via email and through other communication channels available on Etsy.
7. Miscellaneous
a. All notices will be sent by e-mail or will be posted on the Site or by any other means then specified by Etsy. We will send notices to Registered Seller at the e-mail address maintained in Etsy’s records for Registered Seller. Registered Seller will monitor his or her e-mail messages frequently to ensure awareness of any notices sent by us and otherwise agrees to the notification clause in the Etsy Terms of Use. Registered Seller will send notices to us using the functionality for contacting Etsy provided in our Help Section.
b. We may earn interest or other compensation from the balances in our bank accounts that result from the timing difference between our being paid by Buyers and our bank account being debited to pay Shop Payment Account Available Balances to Registered Sellers.
c. Registered Seller may terminate acceptance of credit card and Etsy Gift Card payments through Direct Checkout at any time by adjusting his or her Shop Settings and we may terminate Registered Seller’s use of Direct Checkout without notice to Seller. Upon termination, any non-disputed available balance will be deposited into a Registered Seller’s Bank Checking Account and Seller will still have access to his or her Shop Payment Account. We reserve the right, upon termination of access to Direct Checkout, to set off against any payments to be made to Registered Seller, an amount determined by us to be adequate to cover any anticipated chargebacks, refunds, adjustments or other amounts paid to Buyers in connection with purchases from Registered Seller's Shop Payment Account for a prospective 180-day period. At the end of such 180-day period following termination, we will disburse to Registered Seller any amount not used to offset chargebacks, refunds, adjustments, or such other amounts paid to Buyers, or seek reimbursement from Registered Seller via any of the means authorized in Section 5 above for any additional amount required to offset chargebacks, refunds, adjustments, or other amounts paid to Buyers, as applicable. Refer to the Etsy Terms of Use for information regarding termination of Seller’s accounts.