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I think it was in the US where it was against their TOS to do so, but not here in Europe.
I agree that there might be advantages for simply not raising a PayPal surcharge to begin with. And the other (and my main) issue is an interpretation of the PayPal Terms of Service, specifically 4.5 Non-Discouragement. So it is left to the shop to charge such a surcharge, or not.
Right? Anybody disagrees?
I wouldn't surcharge. Just incorporate it into your prices. Makes it easier all around
This actually allows you to legally surcharge US citizens buying from EU provided its in your store terms - "law applicable to you".
Effectively saying "do what you want but don't break the law and don't blame us". It's Paypal washing its hand of potential problems.