Facebooks Sales Policy
*Date of Last Revision: February 15, 2016
By making a purchase via the Buy button feature on Facebook, you are agreeing to this Delivery, Return, and Dispute Policy (“Merchant Sales Policy”), as it exists on the date of your order. This Merchant Sales Policy is between you and the third-party merchant (“Merchant”) from whom you purchased a product or other merchandise (“Product”) listed on Facebook (“Product Listing”) via the Buy button feature. If there is a conflict between this Merchant Sales Policy and the Merchant's standard sales terms presented to you during checkout, you will receive the greater rights. If you do not agree to this Merchant Sales Policy, do not use the Buy button feature. For the avoidance of doubt, this Merchant Sales Policy is between you and the Merchant and not Facebook.
- Shipping. The Merchant will generally ship any purchased Products within a time period specified by the Merchant, which will generally be two (2) to seven (7) business days of your order date. The Merchant will promptly notify you of any shipping delay. If the Merchant is unable to ship your order within three (3) business days after the specified shipping date, your order will be canceled and you will either not be charged or be provided with a full refund (as applicable).
- Loss. Any shipment without a tracking number that you report to the Merchant as not received after 10 business days of the shipping date will be considered lost and either (i) the Merchant will reship the Product or (ii) you will either not be charged or be provided with a full refund (as applicable).
- IMPORTANT NOTICE RE: SPECIAL DELIVERY/HANDLING. The above delivery terms do not apply to Products listed as “Special Delivery/Handling” in the Product Listing, such as for customized items or pre-order items. For Products with Special Delivery/Handling, the delivery terms in the Product Listing will apply.
- Cancelation. If the Merchant cancels your order for any reason, you will either not be charged or be provided with a full refund (as applicable) and the Merchant will notify you of the reasons why within two (2) business days of the cancelation.
- Returns. The Merchant will accept the return of any Product if it is: (i) in new and unused condition; and (ii) returned within the time specified by the Merchant in the Product Listing, which will generally be one, two, or three weeks, following the return procedure below.
- Return Procedure. To return a Product: (i) you will need to initiate the return through the Facebook return mechanism; (ii) the Merchant will provide instructions on how to return your Product; (iii) you will return the Product to the Merchant following those instructions; and (iv) the Product must be received by the Merchant within the time period specified by the Merchant in the Product Listing, which will generally be within one two, or three weeks of the Merchant shipment date.
- Shipping Cost. If you report through the Facebook return mechanism that the Product (i) was inaccurately described on the Product Listing, (ii) arrived damaged, or (iii) did not arrive by the specified arrival date (if an arrival date is provided) or 10 business days from the shipment date (if no arrival date is provided), then (1) the Merchant will provide a pre-paid shipping label or otherwise reimburse you for any shipping costs for returning the Product and (2) your refund will include your original shipping costs for receiving the Product (if any). If you are returning the Product for any other reason, you will be responsible for all shipping costs for returning the Product and your refund will not include your original shipping costs for receiving the Product.
- IMPORTANT NOTICE RE: FINAL SALE. The above return and refund terms do not apply to Products listed as “Final Sale” in the Product Listing, such as for customized or perishable products. Final Sale items are non-refundable and cannot be returned (except as expressly permitted under the Product Listing or required under applicable law).
- Cooperation. You and the Merchant agree to cooperate in good faith to resolve any dispute regarding your Product purchase.
- Informal Mediation. If you and the Merchant are unable to resolve the dispute after a reasonable period of time (which in any event will not exceed 10 business days), either you or the Merchant may escalate the dispute to Facebook for informal mediation. When a dispute is escalated to Facebook, all prior correspondences regarding your Product purchase must be provided to Facebook by you and/or the Merchant. You and the Merchant will work in good faith to resolve the dispute via such informal mediation.
*Date of Last Revision: July 16, 2014
By making a purchase via the Buy button feature on Facebook, you are agreeing to this Buy button feature Policy (the “Facebook Sales Terms”), as it exists on the date of your order. The Facebook Sales Terms are between you and Facebook, in connection with your use of the Buy button feature on Facebook and your purchase of products or merchandise (“Products”) listed on Facebook (“Product Listing”) from third-party merchants (“Merchants”) via the Buy button feature. If you do not agree to these Facebook Sales Terms, do not use the Buy button feature. For the avoidance of doubt, these Facebook Sales Terms are between you and Facebook and not the Merchant.
All of the commitments you make in the Statement of Rights and Responsibilities (“SRR”) apply to your use of the Buy button feature. In the event of any conflict between these Facebook Sales Terms and the SRR, these Facebook Sales Terms will prevail.
The Merchant's standard sales terms presented to you during checkout (“Merchant Terms”), the Delivery, Return, and Dispute Policy, the Product Listings, and any other terms or licenses for your use of the Product are between you and the Merchant (and not Facebook).
As more fully detailed throughout these Facebook Sales Terms, you agree that:
- The Buy button feature provides you a platform to purchase Products directly from Merchants. When you make a purchase, you are purchasing a Product from the Merchant, and not Facebook.
- Merchants provide the Products and Product Listings (e.g., the pricing, pictures, and descriptions), and not Facebook.
- While Facebook will provide the platform and may help with disputes as described below, Facebook is not responsible for, and has no liability for, the Products, the Product Listings, the Delivery, Return, and Dispute Policy, the Merchant Terms, the order fulfillment and delivery, the Merchants or any interactions or disputes between you and Merchants.
- Facebook does not endorse, sponsor, recommend, or make any guarantees about the Products, Product Listing, or Merchants.
B. PAYMENTS AND PRICES
- Funding. When you make a purchase using the Buy button feature, you agree to pay for all Products that you purchase using a valid payment method. You may fund your purchase using credit cards and debit cards.
- Pricing. The details of your purchase, including the total price, will be provided to you during the checkout process. You are responsible for the full amount of the total price, which may include taxes, fees, and shipping and handling costs. You agree that prices for Products may change at any time and that Facebook does not offer any price protection.
- Product Listing. Facebook does not warrant that Product Listings (e.g., pricing, pictures or descriptions) are accurate, error-free, or reliable and you agree that you will not hold Facebook liable for any Product Listings.
- Authority. When you provide a payment method to us, you confirm that you are permitted to use that payment method. When you purchase via the Buy button feature, you authorize Facebook, the Merchant, and/or the designated payment processor (as applicable) to charge your payment method the full amount of the total price for your purchase, including all applicable taxes, fees, and shipping and handling charges. You also authorize us to collect and store that payment information, along with other related transaction information.
- Authorization. If you pay by credit or debit card, a pre-approval may be obtained from the issuer of the card for an amount, which may be as high as the full amount of the total price of your purchase. Your card will be billed at the time you load funds for your transaction, or shortly thereafter. If you cancel a transaction before completion, this pre-approval may result in those funds not otherwise being immediately available to you.
- Failed Funding. If you fund a payment by debit card and your load transaction results in an overdraft or other fee from your bank, you alone are responsible for that fee.
C. ELIGIBILITY REQUIREMENTS
- Location. The Buy button feature is available to you only in the 50 United States and D.C. You agree not to use or attempt to use the Buy button feature from outside those locations.
- Age. If you are under the age of eighteen (18), you may make a purchase using the Buy button feature only with the involvement of your parent or guardian. Make sure you review these Facebook Sales Terms with your parent or guardian so that you both understand all of your rights and responsibilities.
- Order Fulfillment. You acknowledge and agree that certain information you provide when you purchase a Product via the Buy button feature (such as your full name, email address, and shipping information) will be shared with the applicable Merchant to fulfill your order.
E. MERCHANT’S RESPONSIBILITY
- Merchant Content. The Buy button feature primarily includes content from Merchants (and not Facebook). You agree that Facebook does not guarantee and is not responsible or liable for (a) the content posted by Merchants or other third parties through the Buy button feature, including the Product Listing (e.g., pricing, pictures or descriptions) or (b) or any other content, websites, materials, products, or services of Merchants or other third parties.
- Order Fulfillment, Delivery, and Risk of Loss. Merchants fulfill and ship Products (and not Facebook). The risk of loss for Products you purchase is solely between you and the Merchant (and not Facebook). Please read the Delivery, Return, and Dispute Policy and Merchant Terms for delivery terms. Facebook is not responsible or liable for any loss of, destruction of, or damage to Products, whether during delivery or otherwise.
- Product. The Product is sold by the Merchant (and not Facebook). Facebook does not manufacture or sell the Products. You agree that Facebook does not guarantee and is not responsible or liable for the Products (e.g., Facebook does not guarantee that the quality, safety, legality, authenticity, accuracy, or reliably of the Product). While Facebook may help with disputes as described below, you agree to look solely to the Merchant for any problems with or complaints about a Product.
- Refunds. Please read the Delivery, Return, and Dispute Policy and Merchant Terms for information on refunds.
- No Endorsement. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Facebook.
F. ACTIONS WE MAY TAKE
- Right to Limit or Restrict Usage. Facebook reserves the right to limit your ability to use the Buy button feature or prohibit you from using the Buy Button feature altogether at any time and without notice. Any such action will not relieve you of your obligations to pay for Products you have purchased.
- Modification and Discontinuation. Facebook reserves the right to modify, suspend, discontinue, or impose limits on the Buy button feature (or any part thereof) at any time with or without notice.
- Inquiries. By using Buy button feature, you agree that we may make any inquiries that we consider necessary, either directly or through third parties, concerning your identity and creditworthiness.
- Right to Cancel. We may cancel any transaction if we believe the transaction violates these Facebook Sales Terms or the SRR, or if we believe doing so may prevent financial loss.
- Prevention of Financial Loss. In order to prevent financial loss to you or to us, we may place a delay on a payment for a period of time, or limit payment methods for a transaction, or limit your ability to make a purchase, or deactivate your account. We may also contact the payment method issuer, law enforcement, or affected third parties (including other users) and share details of payments and/or transactions, if we believe doing so may prevent financial loss or a violation of law.
- Customer Assistance. Subject to the other Sections in these Facebook Sales Terms, we provide various tools in the Buy button feature to assist you in communicating with the Merchant to resolve a dispute arising from a Buy button feature purchase. As set forth below, we may also provide informal mediation to facilitate resolution of a dispute between you and the Merchant.
- No Liability for Transaction. If you enter into a transaction with the Merchant and have a dispute over the Product you purchased, we have no liability for the Product or dispute. Our only responsibility is to provide a platform for facilitating the transaction and any customer support services expressly set forth in these Facebook Sales Terms.
- Duty to Notify Us. If you believe that an unauthorized or otherwise problematic transaction has taken place under your account, you agree to notify us immediately, so that we may take action to prevent financial loss. Unless you submit the claim to us within 30 days after the charge, you will have waived, to the fullest extent permitted by law, all claims against us arising out of or otherwise related to the transaction.
- Facebook Disputes. You agree that any disputes between you and Facebook arising out of the Buy button feature will be handled in accordance with the dispute provisions in theSRR, including the provisions regarding dispute procedures, governing law, and venue.
- Merchant Disputes. You agree that any disputes between you and the Merchant arising out of a purchase through the Buy button feature will be handled in accordance with the Delivery, Return and Dispute Policy. Facebook may facilitate with the resolution of Merchant disputes by providing informal mediation as described in the Delivery, Return and Dispute Policy. We reserve the right to intervene in any disputes between you and the Merchant.
H. DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS.
The following apply to the extent permitted by applicable law:
- YOU AGREE THAT, AS BETWEEN YOU AND FACEBOOK, ALL WARRANTY DISCLAIMERS, OTHER DISCLAIMERS, DAMAGE WAIVERS, RELEASES FROM CLAIMS AND DAMAGES, CALIFORNIA CIVIL CODE SECTION 1542 WAIVERS, INDEMNIFICATION OBLIGATIONS, DISCLAIMER OF CONSEQUENTIAL DAMAGES, AND OTHER LIABILITY LIMITATIONS IN THE SRR (INCLUDING, WITHOUT LIMITATION, THE DISPUTE RESOLUTION PROVISIONS OF THE SRR) APPLY TO: YOUR USE OF THE BUY BUTTON FEATURE, YOUR PURCHASE, RECEIPT, AND USE OF ANY PRODUCTS, THE MERCHANTS AND YOUR INTERACTION WITH THEM, THE PRODUCT LISTING, THE ORDER FULFILLMENT AND DELIVERY OF ANY PRODUCT, AND THESE FACEBOOK SALES TERMS (COLLECTIVELY, THE “BUY BUTTON FEATURE SUBJECT MATTER”).
- YOU AGREE THAT THE BUY BUTTON FEATURE, ALL PRODUCT LISTINGS, AND ALL PRODUCTS ARE, AS BETWEEN YOU AND FACEBOOK, PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
- YOU AGREE THAT IN NO CASE WILL FACEBOOK, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “FACEBOOK PARTIES”) BE LIABLE FOR ANY LOST PROFITS, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM THE BUY BUTTON FEATURE SUBJECT MATTER DEFINED ABOVE, EVEN IF THE FACEBOOK PARTIES HAVE BEEN ADVISED OF THEIR POSSIBILITY.
- YOU AGREE THAT IN NO CASE WILL THE FACEBOOK PARTIES BE LIABLE FOR ANY DIRECT DAMAGES ARISING FROM THE BUY BUTTON FEATURE SUBJECT MATTER DEFINED ABOVE.
- NOTWITHSTANDING THE ABOVE, IF THE FACEBOOK PARTIES ARE FOUND TO BE LIABLE, THE FACEBOOK PARTIES’ AGGREGATE LIABILITY ARISING FROM THE BUY BUTTON FEATURE SUBJECT MATTER DEFINED ABOVE WILL NOT EXCEED U.S. $50.
- BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE FACEBOOK PARTIES’ LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
I. NOTICES AND AMENDMENTS
- Notice to You. By using the Buy button feature, you agree that we may communicate with you electronically regarding your purchases, payment or account. We may also provide notices to you by posting them on our website, or by sending them to an email address or street address that you previously provided to us. Website and email notices shall be considered received by you within 24 hours of the time posted or sent; notices by postal mail shall be considered received within three (3) business days of the time sent.
- Notice to Us. Except as otherwise stated, you must send notices to us relating to these Facebook Sales Terms by postal mail to: Facebook, Attn: Legal Department, 1601 Willow Avenue, Menlo Park, California, 94025.
- Amendment Guidelines. Facebook may update these Facebook Sales Terms at any time without notice as we deem necessary to the full extent permitted by law. As between you and Facebook, the Facebook Sales Terms in place at the time you use the Buy button feature will govern that transaction.
J. ADDITIONAL TERMS
- Severability. If any part of these Facebook Sales Terms are held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect.
- Waiver. Facebook's failure to enforce any right or provisions in these Facebook Sales Terms will not constitute a waiver of such or any other provision.
- Force Majeure. Facebook will not be responsible for failures to fulfill any obligations due to causes beyond its control.
- Compliance with Law. You agree to comply with all laws, statutes, ordinances and regulations applicable to your use of the Buy button feature. Nothing in these Facebook Sales Terms shall prevent us from complying with the law.
- Reservation of Rights. We reserve all rights not expressly granted to you.
- Headers and Interpretation. We have provided some section headers for your convenience, but you should carefully read through these Facebook Sales Terms in order to understand your rights and responsibilities, as well as ours. As used in these Facebook Sales Terms, the words “include” or “including” are not meant to limit, e.g., “including” means “including but not limited to” or “including without limitation”.
Us. Without limiting the SRR, the following are the entities to which “us,” “we,” “our,” or “Facebook” refer in these Facebook Sales Terms: Facebook, Inc.