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, LLC (“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.
ARBITRATION NOTICE: YOU AGREE THAT ANY DISPUTES BETWEEN YOU AND US ARISING OUT OF OR RELATED TO THESE TERMS OR THE PRODUCTS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS FURTHER SET FORTH BELOW IN THE “DISPUTE RESOLUTION” SECTION. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.
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. When placing an order, you will be required to provide us with information such as your name, mailing address, and billing information. You represent and warrant 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 We will have no responsibility or liability for inaccurate information or information that later becomes outdated and have no obligation to make efforts to determine your correct contact or shipping information. 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).
After you place an order, you may 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. We will confirm our acceptance of your order by sending you a communication that confirms that your order has been processed and/or the purchased Products have been shipped, when applicable (“Order Acceptance”). Any delivery dates or times provided by us (or a courier) are estimates only and are not guaranteed. The risk of loss in the physical Products you purchase passes to you upon delivery of the Products to you.
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 may include applicable tax and shipping costs. Placing a pre-order does not guarantee delivery of the Products.
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.
At any time prior to Order Acceptance, we reserve the right to decline or reject your 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) you do not live within the United States or an applicable address to which we ship; or (c) you order more than the permitted maximum number of Products. If you have already paid, we will refund you the full amount including applicable taxes and any delivery costs charged.
You may cancel your order or pre-order at any time prior to shipping and Order Acceptance. If you placed an 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/)) or by contacting Customer Care in accordance with the instructions listed at portal.facebook.com/help/. If you placed an order through the guest checkout feature, you can cancel your order by contacting Customer Care.
You have the right, within 30 days from the date of your receipt of the Products, to return the Products. This right does not apply to any Products that are stated by us to be non-returnable, including any Products that have been personalized or modified in accordance with your instructions. The Products must be fully returned in their original packaging with the applicable proof of purchase (i.e. a copy of your receipt) and you may be responsible for the cost of returning the Products to us. If, on return to us, it is determined that the Products have been damaged, are missing components, and/or are not in resalable condition, we may charge a restocking fee or otherwise reduce the amount of your refund to take account of this 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 the applicable bundle discount.
To return your Products, you must inform us of your decision by contacting Customer Care in accordance with the instructions listed at portal.facebook.com/help/.
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”).
We may accept various forms of payment, including credit and debit cards, and payments made through PayPal. Additional terms with your payment provider may apply.
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. When you provide your payment information, you authorize us (or a third-party payment processor) to process and store your payment and related information. Facebook Technologies may utilize an agent, subsidiary, or affiliate to process payment and shipping. 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 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.
Prices are subject to change without notice. We reserve the right to refuse or cancel orders at any time and in our sole discretion.
We attempt to be as accurate as possible and to eliminate errors in relation to our Products; however, we do not represent or warrant that any Product descriptions or pricing information are accurate, complete, reliable, current or error-free. In the event of an error, we reserve the right to correct such error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged. If we discover a pricing or other material error related to Products that have 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 at the correct price or cancelling your order. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled.
If your purchase is subject to any type of use or sales tax, duty or other governmental tax or fee (“Taxes”), then we may charge you for those Taxes. Applicable Taxes may be presented at checkout. You are responsible for any Taxes due with respect to your purchase of the Products.
The Site provides you with the option to finance your purchase through Affirm, Inc. (“Affirm”), a third party financial company. You can apply for financing by clicking the Affirm feature on the Site and providing the required information. In the event you choose to finance your purchase through Affirm, you will be required to agree to terms between you and Affirm (“Affirm’s Terms and Conditions”), in addition to these Terms of Sale. In the event of a conflict between Affirm’s Terms and Conditions and these Terms of Sale, Affirm’s Terms and Conditions shall govern only for matters related to Affirm’s financing of your purchase. Facebook Technologies and its affiliates shall in no event be liable for any obligations or liabilities related to your relationship with Affirm.
Use of any Product purchased at the Site is subject to additional terms and policies including the Facebook Terms of Service, the Facebook Data Policy, and other terms 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.
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.
We stand by the quality of our Products. For information about our Product Warranty, please visit portal.facebook.com/warranty/.
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. 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 PARTIULAR PURPOSE AND NON-INFRINGEMENT.
Products purchased through the Site will only be shipped to addresses located within the United States, excluding freight forwarders, P.O. Boxes and U.S. Territory addresses.
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.
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.
Facebook Technologies may change these Terms of Sale at any time by posting revised terms on the Site. 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.
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. Subject to the foregoing restriction, these Terms will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns. 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.
Subject to the foregoing restriction, these Terms will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns. 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.
The laws of the State of California, to the extent not preempted by or inconsistent with federal law, will govern these Terms and any claim, without regard to conflict of law provisions.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THIS “DISPUTE RESOLUTION” SECTION REQUIRES YOU TO SUBMIT TO BINDING ARBITRATION OF ANY AND ALL DISPUTES (EXCEPT AS EXPRESSLY PROVIDED FOR BELOW) WITH US ARISING OUT OF OR RELATED TO THESE TERMS OR THE PRODUCTS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Except as provided below, you and we agree that any cause of action, legal claim, or dispute between you and us arising out of or related to these Terms or the Products (“claim(s)”) must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted; you and we may bring a claim only on your or our own behalf and cannot seek relief that would affect other users or purchasers of the Products. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with the limitations of this “Dispute Resolution” section, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this “Dispute Resolution” section.
Instead of using arbitration, you or we can bring claims in your local “small claims” court, if the rules of that court will allow it. If you don't bring your claims in small claims court (or if you or we appeal a small claims court judgment to a court of general jurisdiction), then the claims must be resolved by binding, individual arbitration. The American Arbitration Association (“AAA”) will administer all arbitrations under its Consumer Arbitration Rules, as amended by these Terms. YOU AND WE EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY.
The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you. Disputes related to intellectual property (like copyrights and trademarks) are not subject to arbitration and instead must be brought in court. In addition, disputes relating to the scope and enforceability of the arbitration provision are for a court to decide.
This arbitration provision is governed by the Federal Arbitration Act. You can opt out of this arbitration provision within 30 days of the date that you first agreed to these Terms. To opt out, you must send your name, residence address, and email address, and a clear statement that you want to opt out of this arbitration provision, and you must send them here: Facebook, Inc. ATTN: Portal Arbitration Opt-out, 1601 Willow Road, Menlo Park, CA 94025.
Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute that includes your name, residence address, username, and email address, a detailed description of the dispute, and the relief you seek. Any Notice of Dispute you send to us should be mailed to Facebook, Inc., ATTN: Portal Arbitration Filing, 1601 Willow Road, Menlo Park, CA 94025. Before we commence arbitration, we will send you a Notice of Dispute to the email address you provided, or other appropriate means. If we are unable to resolve a dispute within 30 days after the Notice of Dispute is received, you or we may commence arbitration.
We will pay all arbitration filing fees, administration and hearing costs and arbitrator fees for any arbitration we bring or if your claims seek less than $75,000 and you timely provided us with a Notice of Dispute. For all other claims, the costs and fees of arbitration shall be allocated in accordance with AAA’s applicable rules, including rules regarding frivolous or improper claims.
For any claim that is not arbitrated or resolved in small claims court, you agree that it will be resolved exclusively in the U.S. District Court for the Northern District of California or a state court located in San Mateo County. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.
Facebook Technologies, LLC. 1 Hacker Way, Menlo Park, CA 94025
Date of Last Revision: November 29, 2018