Jamie123
Veteran
We've been over this hundreds of times in various threads: The practice to add 3% to sales for payments using PayPal. The way it usually plays out is that one side says it's ok while the other says it's against PayPal's ToS and therefore anyone who does this is in breach of those terms.
I've always been on the side of those saying it's ok and have said over and over again that I find it quite questionable that PayPal could prohibit me to pass on the fees they charge. It just never fit into my understanding of the law.
So today out of boredom I thought I'll just have a quick look at PayPal ToS outside the US and sure enough I found my suspicions confirmed. Take a look at this line in the German PayPal ToS:
"Sofern Sie für die Nutzung von PayPal Ihren Kunden einen Aufschlag berechnen, dürfen Sie das nur im rechtlich zulässigen Rahmen und müssen Ihre Kunden darüber entsprechend selbst informieren, da dies anderenfalls (straf-) rechtliche Konsequenzen haben könnte."
Loosely translated this means "If you apply a surcharge for the usage of PayPal you may do so only to the degree permitted by the law and you are required to inform your customers about the surcharge, as otherwise this could carry legal consequences."
So here you have it. German PP ToS not only says that you are allowed to add a surcharge but also that you are required to inform your customer about that surcharge. So in fact "PP add x%" is the proper way to do it if you're a seller from Germany and I suspect the same goes for other non-US countries. I haven't found the right paragraph in the PP ToS for my country (Switzerland) but I suspect it's pretty much the same as here it is perfectly legal for stores to apply a surcharge on CC purchases.
I've always been on the side of those saying it's ok and have said over and over again that I find it quite questionable that PayPal could prohibit me to pass on the fees they charge. It just never fit into my understanding of the law.
So today out of boredom I thought I'll just have a quick look at PayPal ToS outside the US and sure enough I found my suspicions confirmed. Take a look at this line in the German PayPal ToS:
"Sofern Sie für die Nutzung von PayPal Ihren Kunden einen Aufschlag berechnen, dürfen Sie das nur im rechtlich zulässigen Rahmen und müssen Ihre Kunden darüber entsprechend selbst informieren, da dies anderenfalls (straf-) rechtliche Konsequenzen haben könnte."
Loosely translated this means "If you apply a surcharge for the usage of PayPal you may do so only to the degree permitted by the law and you are required to inform your customers about the surcharge, as otherwise this could carry legal consequences."
So here you have it. German PP ToS not only says that you are allowed to add a surcharge but also that you are required to inform your customer about that surcharge. So in fact "PP add x%" is the proper way to do it if you're a seller from Germany and I suspect the same goes for other non-US countries. I haven't found the right paragraph in the PP ToS for my country (Switzerland) but I suspect it's pretty much the same as here it is perfectly legal for stores to apply a surcharge on CC purchases.