Legal documents

Portal Terms and Conditions of Sale – EU

These Terms and Conditions of Sale (“Terms of Sale” or “Terms”) apply to any order placed or purchase made through portal.facebook.com (the “Site”) and are between you and Facebook Technologies Ireland Limited, a company registered in Ireland (registered company number IE550858) (“Facebook Technologies” or “we” or “us” or “our”). By placing an order for or making a purchase of products at the Site (the “Products”), you agree to be bound by these Terms of Sale. Please make sure you have read and understood these Terms before placing your order or making a purchase.

1. CONSUMERS ONLY

You may only purchase Products for personal use or to give as a gift, unless otherwise expressly permitted by us pursuant to other written terms. You may not purchase Products from us for commercial use or resale, and we reserve the right to refuse or cancel your order if we suspect that you are purchasing Products for such purpose.

2. LIMITED SHIPPING TERRITORY

Products purchased through the Site will only be shipped to addresses located within the UK, France, Spain or Italy.

3. ORDER, ACCEPTANCE, ACKNOWLEDGMENT AND DELIVERY

3.1 You can place an order by clicking the pre-order or purchase button located in various sections of the Site and adding the Products of your choice to the checkout basket. In the process of placing your order, you will be required to provide us with information such as your name, mailing address, and billing information. You need to ensure that all such information is accurate, and you will ensure that your account is kept current on the Site. We will have no responsibility or liability for inaccurate information or information that later becomes outdated and have no obligation to make efforts to determine your correct contact or shipping information. After providing the information you will have the opportunity to verify and correct the information. Subsequently, for orders which are pending shipment, you can update your information at any time prior to shipment by contacting Customer Care using the contact information listed at portal.facebook.com/help/. Facebook Technologies will not take payment for Product purchases until Order Acceptance (defined below).

3.2 By clicking the purchase button on the checkout page, you will make an offer to enter into a contract for the purchase of the selected Products.

3.3 After you place an order, you will receive a communication from us acknowledging that we have received your order and/or it is processing (“Order Acknowledgment”). Please note that an Order Acknowledgment does not mean that your order has been accepted. Without prejudice to our right to reject your order (see OUR RIGHT TO REJECT YOUR ORDER below), when we have accepted your order we will confirm this by sending you a communication that confirms that your order has been processed and/or the purchased Products have been shipped, as applicable (“Order Acceptance”). Other arrangements apply in the case of pre-orders (see PRE-ORDERS below). Your order will be fulfilled by the delivery date set out in the Order Acceptance or, if no delivery date is specified, then within 30 (thirty) days after the date of the Order Acceptance, unless there are exceptional circumstances (such as extreme weather or civil action). The risk of loss or damage in the physical Products you purchase passes to you upon delivery of the Products to you.

3.4 The conclusion of a contract between you and us is made in the language you choose on the Site. We will not save the text of this contract. However, we will provide you with a savable version of the contract (including these Terms) in our Order Acknowledgement.

4. PRE-ORDERS

4.1 In advance of a new Product launch, it may be possible to place pre-orders on the Site. The price of the Products you pre-order will be quoted to you at the time you submit your pre-order and will include applicable tax and shipping costs. Placing a pre-order does not guarantee acceptance of such pre-order and delivery of the Products.

4.2 When the pre-ordered Products are ready for shipment or delivery, we will provide you with your purchase confirmation (including shipping costs and taxes where applicable). This communication will constitute the Order Acceptance for the pre-ordered Products, and payment for the pre-ordered Products will be taken at the time of Order Acceptance.

5. OUR RIGHT TO REJECT YOUR ORDER OR PRE-ORDER

At any time prior to Order Acceptance, we reserve the right to decline or reject your order or pre-order. If this occurs, we will attempt to notify you through email or other reasonable means. Some reasons for rejection may include: (a) we are unable to supply you with the Products, for example because the Products are no longer available or because of an error in the stated price at the point of sale; (b) your delivery address is not within the UK, France, Spain or Italy, or is not an applicable address to which we ship; or (c) you order more than a maximum of 4 Products. If you have already paid, we will refund you the full amount for any declined or rejected order, pre-order or Product, including applicable taxes and any delivery costs charged.

6. YOUR RIGHT TO CANCEL AN ORDER OR PRE-ORDER PRIOR TO ORDER ACCEPTANCE

You may cancel your order or pre-order at any time prior to Order Acceptance. If you placed an order or pre-order while logged into your account on the Site, you can cancel your order by clicking on the “Cancel Order” text link on the applicable Order Details page (which can be accessed from the “My Account” feature (portal.facebook.com/account/)). Alternatively (including if you placed an order or pre-order through the guest checkout feature), you can cancel an order or pre-order by contacting Customer Care in accordance with the instructions listed at portal.facebook.com/help/.

7. RETURNS AND YOUR RIGHT OF WITHDRAWAL AFTER ORDER ACCEPTANCE

7.1 You have the right to withdraw from the contract and return the Products without giving reasons within 30 days from the date of your receipt of the Products. The easiest way to do this is to contact Customer Care in accordance with the instructions listed at portal.facebook.com/help/. You can also email them a completed version of the model cancellation/withdrawal form as set out below or send us an unequivocal statement of your intention to withdraw from the contract (such as an email to portalhelp@fb.com).

7.2 Your right to withdraw does not apply to any Products that are stated by us to be non-returnable prior to the placement of the order, including any Products that have been personalized or modified in accordance with your instructions or are non-refundable under applicable law.

7.3 If you withdraw from the contract, we will reimburse you for all payments received from you, including the costs of delivery (with the exception of any additional costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed of your decision to withdraw from the contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. You will not incur any fees as a result of such reimbursement.

7.4 The Products must be returned to us within 14 days from the date on which we are informed of your decision to withdraw from the contract. However, we may withhold reimbursement until we have received the returned Products or you have supplied evidence of having sent back the Products, whichever is the earliest.

7.5 The Products must be returned in their original packaging with the applicable proof of purchase (i.e. a copy of your receipt) and, unless the Products are nonconforming or defective, you will be responsible for the direct cost of returning the Products to us.

7.6 If, on return to us, it is determined that the Products have been used in excess of what is necessary to determine their nature, properties or functions, or if they are damaged, missing components, and/or not in resalable condition, we may charge a restocking fee or otherwise reduce the amount of your refund to take account of this use, damage or any missing components. If you return a Product bought as part of a bundle but do not return all of the bundled Products, we will reimburse you for the Product you do return minus the value of any applicable bundle discount.

7.7 If Products you purchased are nonconforming or defective, such Products can be returned to us in accordance with our product warranty (available at portal.facebook.com/warranty/) (the “Product Warranty”) or your statutory rights in your country of residence.

7.8 Extended Holiday Return Period: Products ordered November 21, 2019 through January 1, 2020 on portal.facebook.com are eligible to be returned through January 31, 2020. Return requests must be completed by end of day January 31, 2020 (local time) to be eligible. Standard return terms set forth above otherwise apply.

8. PRICING, TAXES AND PAYMENT

8.1 Prices for the Products are displayed on our Site. Any costs of delivery that you are responsible for will be stated separately.

8.2 We accept various forms of payment, including credit and debit cards, and payments made through PayPal. Further detail about acceptable forms of payment can be found on our Site. Additional terms with your payment provider may apply.

8.3 By submitting an order or pre-order, you acknowledge that you are authorized to use the designated payment method and you authorize us to charge your order to that payment method. You will own the relevant Product(s) once we have received payment in full.

8.4 We will process and store your payment and related information in accordance with our Facebook Data Policy and the Supplemental Portal Data Policy (located at portal.facebook.com/legal/data-policy/) and may utilize an agent, subsidiary, affiliate or third party payment processor to process payments from or shipping to you. In the event the payment method you designate cannot be verified, is invalid, or is not otherwise acceptable, we may suspend or cancel your order. You are responsible for resolving any problems we encounter and notify you of in connection with your order. In the event you submit information or place an order as a guest on our Site, Facebook Technologies and its affiliates may store this information for use in connection with processing your order, providing support, and any marketing communications you elect to receive from us or our affiliates.

8.5 Prices are subject to change without notice. Any such change will be effective as of the date of posting on the Site and shall in no event be applicable to sales which are concluded prior to the date the new price is posted.

8.6 If your purchase is subject to any type of use or sales tax, duty or other governmental tax or fee (“Taxes”), then we will charge you for those Taxes. Any Applicable Taxes will be presented at checkout. You are responsible for any Taxes due with respect to your purchase of the Products.

9. ERRORS

We attempt to be as accurate as possible and to eliminate errors in relation to information provided about our Products on the Site. In the event of an error, we reserve the right to cancel the order or pre-order and refund any amount charged, or to correct such error and revise your order or pre-order accordingly (which includes charging the correct price). If the Products are yet to be shipped or delivered, we will contact you to inform you of this error and give you the option of continuing to purchase based on the corrected information (including the correct price) or cancelling your order. If delivery has already taken place, you agree to pay the correct price or return the Product for a refund in accordance with the returns provision above. If we are unable to contact you using the contact details you provided during the order process after 2 attempts on separate days, we will treat the order as cancelled.

10. ADDITIONAL TERMS AND POLICIES

10.1 Use of any Product purchased at the Site is subject to additional terms and policies (some of which may be between you and Facebook Technologies, LLC). The additional terms and policies can be accessed at www.facebook.com/policies/ and include the Community Standards and the Facebook Terms of Service that will be presented and must be agreed to by a user prior to using the Product. If a user does not agree to any of these additional terms and policies, Products may be returned for a refund in accordance with these Terms.

10.2 Wherever we process your personal data we shall do so in accordance with our Facebook Data Policy and the Supplemental Portal Data Policy. You can access the current Facebook Data Policy and the applicable Supplemental Portal Data Policy at portal.facebook.com/legal/data-policy/.

11. WARRANTY AND YOUR RIGHTS IN RELATION TO DEFECTIVE PRODUCTS

11.1 We stand by the quality of our Products and we are under a legal duty to supply products that are in conformity with these Terms. We therefore offer our customers a Product Warranty for our Products. For information about our Product Warranty, please visit portal.facebook.com/warranty/.

11.2 THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING EU/EEA CONSUMER PROTECTION LAWS, AS IMPLEMENTED INTO NATIONAL LAW IN EACH MEMBER STATE (AND THE UNITED KINGDOM FOLLOWING ITS EXIT FROM THE EU), DO NOT ALLOW LIMITATIONS ON IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, YOU MAY HAVE ADDITIONAL STATUTORY RIGHTS IF THE PRODUCTS ARE DEFECTIVE AND ACCORDINGLY SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU.

11.3 The warranties provided in the Product Warranty are exclusive and are in lieu of all other warranties, conditions, and guarantees, whether written, oral, implied, or statutory. These Terms of Sale do not intend to grant any additional warranties over and above those provided in the Product Warranty.

11.4 EXCEPT AS SET FORTH IN THE PRODUCT WARRANTY, FACEBOOK TECHNOLOGIES EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

12. FACEBOOK ACCOUNT

12.1 You can login to the Site using your Facebook credentials. By logging into the Site with your Facebook credentials or otherwise accessing the Site using your Facebook account, certain features on the Site may automatically be populated with your information when you attempt to place an order. You are responsible for the accuracy of any populated information.

12.2 Products purchased on the Site may require the use of an active Facebook account. In order to use the Products, a user may be required to log in to the Product with an active Facebook account. In the event the user’s Facebook account is suspended, disabled, or deleted, the Product may not be useable by such user until the user has an active Facebook account again.

13. ADDITIONAL TERMS

13.1 Facebook Technologies may change these Terms of Sale at any time by posting revised terms on the Site, including to reflect changes to our sales process, the Products, our business priorities or changes required by law. Any such new terms will be effective as of the date of posting and shall in no event be applicable to sales which concluded prior to the date the new terms are posted.

13.2 You may not assign these Terms or any of the rights granted hereunder without the prior written consent of Facebook Technologies, and any attempted assignment without such consent shall be void. However, within the period during which our Product Warranty applies, you may transfer the Product Warranty to a person who has acquired the Product if they can provide reasonable evidence that they are now the owner of the Product. All of our rights and obligations under these Terms of Sale are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

13.3 Subject to the above restriction, these Terms will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns. Except as set out in this term, these Terms of Sale are a contract between you and us and no other person shall have any rights to enforce these Terms.

13.4 If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

13.5 If we do not insist immediately that you do anything you are required to do under these Terms of Sale, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

14. APPLICABLE LAW AND DISPUTE RESOLUTION

14.1 If you have any complaints or concerns regarding these Terms or our Products, please contact us through the Portal Help Center at portal.facebook.com/help/ or by emailing us at portalhelp@fb.com.

14.2 If you are a consumer and habitually reside in a Member State of the European Union (or in the United Kingdom following its exit from the European Union):

  • (a) the laws of your country of residence will apply to any claim, cause of action, or dispute that you have against us that arises out of or relates to these Terms or the Products ("claim"); and

  • (b) you may resolve a claim in any competent court in your country of residence that has jurisdiction over the claim.

In all other cases, you agree that the claim must be resolved in a competent court in the Republic of Ireland and that Irish law will govern these Terms and any claim, without regard to conflict of law provisions.

14.3 In the event that you have a dispute with us that arises out of or is connected to these Terms, you may contact us at portalhelp@fb.com and we will endeavour to resolve this dispute. Before resorting to submitting a formal claim, if you are not happy with how we have handled the dispute, you may want to resort to alternative dispute resolution. An alternative dispute resolution procedure is offered by the European Commission through the platform for Online Dispute Resolution available at the following address: http://ec.europa.eu/consumers/odr. If you are not satisfied with the outcome of this procedure you can still bring ordinary legal proceedings.

14.4 Please note that Facebook Technologies is not committed nor obliged to use alternative dispute resolution to resolve disputes with you.

14.5 Notwithstanding the above, nothing in these Terms will prevent you from making a complaint to the competent authorities in your country of residence and, if the law allows, they can seek relief against us for you.

15. QUESTIONS

If you have any questions or concerns regarding these Terms or our Products, please contact us through the Portal Help Center at portal.facebook.com/help/ or by emailing us at portalhelp@fb.com.

16. MODEL CANCELLATION/WITHDRAWAL FORM

To: Facebook Technologies Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland

I/We [*] hereby give notice that I/We [*] cancel/withdraw from my/our [*] contract of sale of the following goods:

Ordered on [*]/received on [*]:

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if this form is notified on paper):

Date:

[*] Delete as appropriate

Facebook Technologies Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland

VAT number: D02X525

Date of Last Revision: November 15, 2019

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