Legal documents

Portal Terms and Conditions of Sale – Australia and New Zealand

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 (together, “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 pre-order or making a purchase. You may print a copy of these Terms for future reference.

You must not use the Site and may not accept these Terms if you are not of legal age to form a binding contract with us.

1. LIMITED SHIPPING TERRITORY

Products purchased through the Site will only be shipped to addresses located within Australia and New Zealand, excluding remote and difficult to serve locations.

2. ORDER ACCEPTANCE AND ACKNOWLEDGMENT

2.1 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. 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 We will have no responsibility or liability for inaccurate information or information that later becomes outdated and have no obligation to make efforts to determine your correct contact or shipping information.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).

2.2 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. 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”). 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. The risk of loss or damage in the physical Products you purchase passes to you upon delivery of the Products to you. We will be deemed to have delivered the Product(s) to you when we deliver them to the address you gave us when placing the order.

3. PRE-ORDERS

3.1 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 and delivery of the Products.

3.2 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.

4. OUR RIGHT TO REJECT YOUR ORDER

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 Australia or New Zealand, 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 for any declined or rejected order or Product, including applicable taxes and any delivery costs charged.

5. YOUR RIGHT TO CANCEL AN ORDER

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/)). Alternatively, you can cancel an order 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.

6. RETURNS

6.1 In addition to any rights you may have under Australian Consumer Law (for Products purchased in Australia) or New Zealand law (for Products purchased in New Zealand) in respect of defects or other issues with the Products, you have the right, within 30 days from the date of your receipt of the Products, to return the Products for change of mind. 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 unless the Products are nonconforming or defective you will be responsible for the cost of returning the Products to us.

6.2 If, on return to us, it is determined that the Products have been used, 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 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 the applicable bundle discount.

6.3 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/.

6.4 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 the Australian Consumer Law (for Products purchased in Australia) or New Zealand law (for Products purchased in New Zealand).

6.5 Your rights to return your Products as set out in this clause are in addition to, and do not replace, any rights you may have under our Product Warranty, or the Australian Consumer Law (for Products purchased in Australia) or New Zealand law (for Products purchased in New Zealand).

6.6 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.

7. PRICING AND PAYMENT

7.1 We accept various forms of payment, including credit and debit cards, and payments made through PayPal. Additional terms with your payment provider may apply.

7.2 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.

7.3 When you provide your payment information, you authorize us (or a third-party payment processor) to process and store your payment and related information in accordance with our Facebook Data Policy. 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 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.

7.4 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 orders which have been placed by you with us prior to the date the new price is posted.

8. ERRORS

8.1 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 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 after 2 attempts on separate days, we will treat the order as cancelled.

9. TAXES

If your purchase is subject to any type of use or sales tax, GST, duty or other governmental tax or fee (“Taxes”), then we may 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.

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, Inc.). 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. You can access the current Facebook Data Policy [and the applicable Supplemental Data Policy] at www.facebook.com/about/privacy.

11. 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.

12. WARRANTY

12.1 We stand by the quality of our Products and we are under a legal duty to supply products that are in conformity with this contract. We therefore offer our customers a Product Warranty for our Products. For information about our Product Warranty, please visit portal.facebook.com/warranty/. In addition, in Australia, our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. In New Zealand, our goods come with guarantees that cannot be excluded under New Zealand law except if you have purchased our Products for commercial purposes, in which case the Consumer Guarantees Act 1993 will not apply.

12.2 THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING AUSTRALIA AND THE AUSTRALIAN CONSUMER LAW, AND THE LAWS OF NEW ZEALAND, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

12.3 Other than rights to which you are entitled under the consumer guarantee provisions of the Australian Consumer Law (as described above) or under New Zealand law, 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 and by the applicable Australian Consumer Law or New Zealand law. SUBJECT TO YOUR RIGHTS UNDER THE CONSUMER GUARANTEE PROVISIONS OF THE AUSTRALIAN CONSUMER LAW OR UNDER NEW ZEALAND LAW (DEPENDING WHICH IS APPLICABLE), 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.

12.4 Nothing in these Terms of Sale or the Product Warranty operate to exclude, restrict or modify any rights or remedies to which you may be entitled under the Australian Consumer Law (for Products purchased in Australia) or New Zealand law (for Products purchased in New Zealand).

13. FACEBOOK ACCOUNT

13.1 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.

13.2 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.

14. ADDITIONAL TERMS

14.1 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 orders which were placed prior to the date the new terms are posted.

14.2 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.

14.3 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, this contract is between you and us and no other person shall have any rights to enforce its terms.

14.4 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.

15. APPLICABLE LAW

15.1 The laws of the Republic of Ireland, to the extent not pre-empted by or inconsistent with, or overridden by mandatory consumer protection laws in your country of purchase, will govern these Terms and any dispute in connection with or arising out of them, without regard to conflict of law provisions.

16. DISPUTE RESOLUTION

16.1 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.

16.2 You agree that any dispute or claim will be resolved non-exclusively in the courts of the Republic of Ireland. Under consumer protection laws, you may also have the right to bring proceedings in your country of residence. You agree to submit to the jurisdiction of such courts for the purpose of litigating any claim.

16.3 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.

17. 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.

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

Date of Last Revision: November 15, 2019

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