Terms of Sale
Effective Date: April 25, 2022
These Terms and Conditions of Sale (“Terms of Sale” or “Terms”) apply to any order placed or purchase made through store.facebook.com (the “Site” or “Store”) and are between you and Meta Platforms Technologies, LLC (“MPT” or “we” or “us” or “our”). By placing an order for or making a purchase of products at the Site, you agree to be bound by these Terms of Sale and represent and warrant that you have the right, authority, and capacity to enter into these terms with us. If you place an order on behalf of an entity, you further represent that such entity is a valid legal entity in the jurisdiction in which it was formed, and that you have the authority to enter into these terms on behalf of your entity and bind such entity to these terms. Products may include, without limitation, Meta VR Products (including Meta Quest products), Meta Portal-branded products, products provided by a third-party manufacturer or supplier (“Third-Party Products”), and products which are co-branded with a third-party brand and a brand owned by MPT or its affiliates (“Co-Branded Products”) (collectively, the “Products”).
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. If you are purchasing a Product as a gift, you will also be required to provide us with recipient information. You represent and warrant that all such information is accurate, and complete. You are responsible for ensuring that your account information (including your contact and shipping information) is kept current on the Site. We will have no responsibility or liability for inaccurate information, or for information that later becomes outdated, and we have no obligation to make efforts to determine your correct contact or shipping information.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 form listed at https://store.facebook.com/help/. MPT will not process 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 ("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 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 taxes 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.
Right to Reject
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 request shipment to an address outside the United States or Canada, or to another address to which we do not 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 of the declined or rejected order including applicable taxes and any delivery costs charged.
Right to Cancel
You may cancel your order or pre-order at any time prior to shipping and Order Acceptance. You can cancel your order by visiting the Order Details page and clicking on the "Cancel Order" button or by contacting Customer Care in accordance with the instructions listed at https://store.facebook.com/help/.
You have the right, within 30 days from the date of your receipt of any 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 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.
In order to return any Products, you must inform us of your decision by contacting Customer Care in accordance with the instructions listed at https://store.facebook.com/help/.
If Products you purchased on the Site are nonconforming or defective, and are covered by and qualify under our limited product warranty (the “Product Warranty,” available at store.meta.com/legal/limited-warranty), such Products can be returned to us by following the procedures set forth in the Product Warranty. Third Party Products and certain Co-Branded Products purchased on the Site are not covered by our Product Warranty. All warranty claims related to Third Party Products and Co-Branded Products should follow the warranty process provided by the manufacturer or supplier with your Third-Party Product or Co-Branded Product, if any.
Price and Payment
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. We 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, MPT 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.
Limited Shipping Territory
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), and Canada (excluding remote and difficult to serve locations). Certain Products may not be available for shipment to all countries.
Your purchase and use of Third-Party Products is subject to the applicable policies, agreements, and terms and conditions offered by such third-party manufacturer or supplier, including any license, warranty, indemnity and support terms. We do not support or make any warranties about Third Party Products that you purchase from our Site. Any warranty, damages or indemnity claims against us in relation to such Third-Party Products are expressly excluded.
If you purchase a Third-Party Product from our Site, you may return such Third-Party Product to us in accordance with the Section above titled “Returns.” Note that all warranty claims related to Third Party Products should follow the warranty process provided by the manufacturer or supplier with your Third-Party Product, if any.
Digital content is currently not available for sale on the Site. Digital content purchases are governed by separate terms and conditions of sale, which will be presented to you during the purchase experience outside of this Site.
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.
Additional Terms and Policies
The use of any Product purchased through the Site may be subject to additional terms and policies (some of which may be between you and Meta Platforms, Inc. or its other affiliates), including, as applicable, the Meta Terms of Service, the Supplemental Oculus Terms of Service, the Supplemental Portal Terms of Service, the Oculus Commercial Terms, the Portal Commercial Terms, the Meta Data Policy, the Supplemental Oculus Data Policy, the Supplemental Portal Data Policy, and any other terms that may 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 or expressly set forth herein. Products may be purchased for commercial, business, or other non-personal use, provided that any such use must be in accordance with the applicable commercial terms referenced above. You may not purchase Products from us for resale, and we reserve the right to refuse or cancel your order if we suspect that you are purchasing Products for such purpose. However, you may use Meta VR Products to develop and test content, software, or applications intended for distribution by us through the oculus.com content store, subject to the terms of the applicable SDK license agreement.
We stand by the quality of our Products. The Product Warranty is incorporated as part of these Terms of Sale. For information about our Product Warranty applicable to the Products (excluding Third-Party Products and certain Co-Branded Products), please visit store.facebook.com/legal/limited-consumer-warranty.
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.
(Not applicable to Quebec consumers) 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 (including our parents, subsidiaries, affiliates, agents, and assigns) 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.
(Not applicable to Quebec consumers) 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: Meta Platforms, Inc. ATTN: FBT 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 Meta Platforms, Inc., ATTN: Legal (Litigation), 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 60 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.
For Quebec consumers: These Terms of Sale and any dispute of any sort related to them that might arise between you and us shall be governed by the laws of the Province of Quebec, without reference to its conflict of laws provisions, and the laws of Canada applicable therein, and any disputes will be submitted to the courts of competent jurisdiction of the District of Montreal (Quebec).
MPT may change these Terms 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 MPT, 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 are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Except as otherwise provided in the dispute resolution section, 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.
(Not applicable to Quebec consumers) The laws of the State of California, to the extent not preempted by or inconsistent with U.S. federal law, will govern these Terms and any claim, without regard to conflict of law provisions.
The Products are protected by copyright, patent, trademark, and other laws of the United States and other countries, and no licenses are granted to you by implication hereunder.
If you have any questions or concerns regarding these Terms or our Products, please contact us through the support center at https://store.facebook.com/help/.
META PLATFORMS TECHNOLOGIES, LLC. 1601 WILLOW ROAD, MENLO PARK 94025