Terms of Sale
Effective date: 25 April 2022
These Terms and Conditions of Sale ("Terms of Sale" or "Terms") apply to any order placed or purchase made through https://www.meta.com/ (the "site" or "store") and are between you and Facebook Technologies Ireland Limited, 4 Grand Canal Square Dublin 2, Ireland, a company registered in Ireland (registered company number IE550858) ("Facebook Technologies" or "we" or "us" or "our"). By accepting these Terms of Sale when placing an order for or making a purchase of products on the site, you agree to be bound by these Terms of Sale. If you place an order on behalf of an entity, you further agree 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 the 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 Facebook Technologies or its affiliates ("co-branded products") (collectively, the "products").
Limited delivery territory
Products purchased through the site will only be delivered to addresses located in: Austria, Belgium, Denmark, Finland, Iceland, Ireland, Italy, Netherlands, Norway, Poland, Spain, Sweden, Switzerland and United Kingdom.
Certain products may not be available for delivery to all countries. Portal-branded products will only be available in Italy, Spain and the United Kingdom.
Order acknowledgement and acceptance
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, viewing the basket and clicking the place order button to place your order. Delivery times vary by product, details of delivery dates for the specific product or products that you have ordered will be communicated to you when you review your basket before you place your order. When placing an order, you will be required to provide us with information such as your name, postal 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 agree that all such information is accurate and complete. You are responsible for ensuring that your account information (including your contact and delivery information) is kept current on the site. We will have no responsibility or liability in respect of your account for inaccurate information, or for information that later becomes outdated, and we have no obligation to make efforts to determine your correct contact or delivery information. For orders which are pending dispatch, you can update your information at any time prior to dispatch by contacting Customer Care using the contact form listed at https://www.meta.com/help/. Facebook Technologies will pre-authorise the payment on orders to establish that your chosen payment is active but no funds will be charged on your chosen payment method until order acceptance (as defined below.
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 as soon as possible by sending you a communication that confirms that your order has been processed ("order acceptance"). You may cancel your order at any time before delivery and the risk of loss in the products that you purchase passes to you upon delivery of the products.
In advance of a new product launch, it may be possible to place pre-orders on the site. The price of the products that you pre-order will be quoted to you at the time that you submit your pre-order and will include applicable taxes and delivery costs. Facebook Technologies pre-authorises the payment on orders to establish that your chosen payment is active but no funds will be charged to your chosen payment method until payment is processed at the time of order acceptance.
When the pre-ordered products are ready for dispatch or delivery, we will provide you with your purchase confirmation (including delivery 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. You may cancel your pre-order at any time before dispatch.
Our right to reject
At any time prior to order acceptance, we may decline or reject your pre-order or order if one of the following good reasons apply: (a) if the product becomes unexpectedly and unavoidably available due to circumstances beyond our reasonable control; (b) there is an obvious error in the stated price at the point of sale; (c) you request delivery to an address outside of the territories listed above; or (d) you order more than the permitted maximum number of products shown on the basket review page. If this occurs, we will notify you by email.
Your right to cancel
You may cancel your order or pre-order at any time prior to delivery. You can cancel your order or pre-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://www.meta.com/help/.
Your right of withdrawal and returns after order acceptance
Your normal statutory withdrawal period is 14 days, but we offer you, as a commercial gesture, a 30-day withdrawal period:
You can withdraw from the contract and return the products without giving any reason within 30 days from the date of your receipt of any products. The easiest way to do this is to contact Customer Care in accordance with the instructions listed at https://www.meta.com/help/. Once you have connected with Customer Care, you will be able to attach the cancellation form shown below if you would like to do so. You can also send us an unequivocal statement of your intention to withdraw from the contract by any other means.
Your right of withdrawal does not apply to any products for which the law excludes withdrawal rights such as any products that have been personalised or modified in accordance with your instructions. Should this be the case, these products are our described on the site to be non-returnable prior to the placement of the order.
The products should be fully returned in their original packaging with the applicable proof of purchase (i.e. a copy of your receipt) and you will be responsible for the cost of returning the products to us. In any case, we will also accept the products without their original packaging. However please note that returning the products without the original packaging or with significant damage to the packaging could be considered as damage to the products and may reduce your refund as described below.
If, on return to us, it is reasonably 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 or missing components, we may set off any claims for compensation we may have against you against your claim for refund of any payments made. We may therefore 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 that you do return minus the value of the applicable bundle discount.
Returns due to non-conforming or defective products
If products that you purchased on the site are non-conforming or defective, such products can be returned to us at our expense in accordance with our limited product warranty (the "product warranty", available at store.meta.com/legal/limited-consumer-warranty/ ) or in accordance with your statutory rights in your country of residence where the time periods will vary but in the EU will always be at least two years from the date of delivery.
Third-party products and certain co-branded products purchased on the site are not covered by our product warranty and you can follow the warranty process provided by the manufacturer or supplier with your third-party product or co-branded product, if any, or you can return them to us in accordance with your statutory rights in your country of residence where the time periods will vary but in the EU will always be at least two years from the date of delivery.
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 authorised to use the designated payment method and you authorise us to charge your order or pre-order to that payment method. When you provide your payment information, you authorise us (or a third-party payment processor) to process and store your payment and related information. We may utilise an agent, subsidiary or affiliate to process payment and delivery. 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 or pre-order. You are responsible for resolving any problems caused by you which we encounter in connection with your chosen payment method. 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.
Facebook Technologies is responsible for your statutory warranty rights in respect of the third-party products that it sells and these are separate from commercial warranties you may be provided by a third-party manufacturer or supplier. Your statutory warranty rights are applied in accordance with your country of residence.
Your purchase and use of third-party products may be subject to additional policies, agreements, and terms and conditions offered by such third-party manufacturer or supplier, including any licence, warranty, indemnity and support terms. We do not support or make any commercial warranties about third-party products that you purchase from our site.
If you purchase a third-party product from our site, you may return such third-party product to us. However, please note that all commercial 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. Any such commercial warranty claims apply in addition and without prejudice to your statutory warranty rights.
For any consumers interested in stand-alone digital content and services, these are currently not available for sale on this site, however they are available at www.oculus.com. 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 information provided about our products. In the event of an obvious error, we reserve the right to correct such error and revise your pre-order or order accordingly (which includes charging the correct price) or to cancel the pre-order or order and refund any amount charged. If we discover an obvious pricing or other material error related to products that have yet to be dispatched 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 pre-order or order. If we are unable to contact you using the contact details you provided during the ordering process after two attempts on separate days, we will treat the pre-order or 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 will be presented as included in the price throughout the site. 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.
Additional Commercial Terms
These terms apply to your purchase regardless of the use you intend to make of the products. 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. By accepting these terms when placing an order for products for commercial, business or other non-personal on the site, you agree to be bound by the applicable commercial terms.
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 licence agreement.
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. For information about our product warranty applicable to the products (excluding third-party products and certain co-branded products), please visit store.meta.com/legal/limited-consumer-warranty/.
OUR PRODUCT WARRANTY DOES NOT AFFECT YOUR STATUTORY RIGHTS, WHICH ARE APPLICABLE TO ALL PRODUCTS WE SELL. OUR PRODUCT WARRANTY IS IN ADDITION TO YOUR STATUTORY RIGHTS. YOUR STATUTORY WARRANTY RIGHTS ARE APPLIED IN ACCORDANCE WITH YOUR COUNTRY OF RESIDENCE WHERE THE TIME PERIODS WILL VARY BUT IN THE EU IT WILL ALWAYS BE AT LEAST TWO YEARS FROM THE DATE OF DELIVERY.
You can log in to the site using your Facebook credentials. By logging in to 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.
Applicable law and dispute resolution
If you have any complaints or concerns regarding these terms or our products, please contact us through Customer Care at https://www.meta.com/help/.
If you are a consumer and habitually reside in the UK, Switzerland or a Member State of the European Union or EEA:
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");
you may resolve a claim in any competent court in your country of residence that has jurisdiction over the claim; and
If you live in:
Finland, you are always entitled to bring a dispute before the Consumer Disputes Board in accordance with the Finnish Consumer Protection Act. The address of the Consumer Disputes Board is Hämeentie 3, PO Box 306, FI-00531 Helsinki and the website is www.kuluttajariita.fi; or
Sweden and we cannot resolve a dispute concerning a product that you have purchased from us, you may also file a complaint with the Swedish National Board for Consumer Disputes (ARN), Box 174, 101 23 Stockholm, Sweden, www.arn.se. We will participate in the process and comply with the recommendation
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.
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 https://www.meta.com/help/ 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 an alternative dispute resolution. An alternative dispute resolution procedure is offered by the European Commission to citizens of EU and EEA member states 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. Each country will have its respective body and mechanisms for an alternative dispute resolution, the following are listed for their respective residents:
Denmark – any claim under Danish law may be brought before the Danish Consumer Complaints Board or the Danish Center for Complaints Resolution, which can be accessed here: Center for Klageløsning og Forbrugerklagenævnet (naevneneshus.dk);
Iceland – the complaint mechanism Kærunefnd vöru- og þjónustukaupa is accessable via the webiste https://kvth.is/#/.
Norway – any claim under Norweign law may be brought before the Norwegian Consumer Agency at the following addresses: Postboks 2862 Kjørbekk, 3702 Skien, Norway and www.forbrukertilsynet.no.
Please note that Facebook Technologies is not committed nor obliged to use alternative dispute resolution to resolve disputes with you and we do not use the European Commission's Online Dispute Resolution platform to resolve any complaints but we will respond to any complaints submitted by you on this platform.
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.
Facebook Technologies may change these terms 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 not be applicable to orders or pre-orders placed prior to the date the new terms are posted. This means that orders and pre-orders shall retain the terms in effect at the time they were placed.
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, if you transfer your product ownership to another consumer, whether for free or against payment, then that consumer will benefit from the same product warranty as you, under the same conditions. 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 to entities within our group of companies under Meta Inc. except if such an assignment results in a depreciation of your rights.
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.
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.
If we do not insist immediately that you do anything that 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 from taking steps against you at a later date.
If you have any questions or concerns regarding these terms or our products, please contact us through the support centre at https://www.meta.com/help/.
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):
Telephone number of consumer(s):
Email address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
[*] Delete as appropriate
VAT number: D02X525