Facebook Terms and conditions
Commerce Product Merchant Agreement
The following terms (“Program Terms”) apply when you use any service (each, a “Merchant Commerce Feature”) Facebook makes available for merchants to display, facilitate the sale, lease or rental of, and/or sell, lease or rent products to users (each, a “User”) of Facebook. For purposes of these Program Terms, references to “us,” “we,” and “our” mean Facebook.
- We may display product listings you create (“Product Listings”) on Facebook, including on your Facebook Page, as Facebook ads, or in a feed elsewhere on Facebook. If you implement or have previously implemented any Facebook Tools (as defined in our terms at https://www.facebook.com/customaudiences/app/tos or any successor terms at https://www.facebook.com/legal/businesstech), you acknowledge that these terms apply in connection with the Merchant Commerce Features, including for optimization on Facebook's Marketplace feature.
- Your Product Listings must comply with our Commerce Policies and applicable law.
- You are solely responsible for the contents of your Product Listings (including description, price, fees, tax that you calculate, and any required legal disclosures).
- You are responsible for displaying any sales, privacy, or other terms that you want to apply to your interactions with Users.
- You grant Facebook a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any data, content, and other information provided by you or accessed by us in connection with the Merchant Commerce Features (collectively, “Product Content”), including photos, videos, and Product Listing content, in connection with the Facebook Products.
- Any tools we provide in connection with Merchant Commerce Features, including tools to allow you to view information about past transactions or to calculate default shipping rate, tax rate, or other data, such tools are provided as a convenience only and you use them at your sole discretion and risk. The following terms also apply to any tool we provide that allows you to calculate tax rates (“Tax Calculation Tool”):
- We provide no representation, warranty, guarantee, or advice, and we disclaim any responsibility to verify, the following: (a) the accuracy of the tax rules or methodology in the Tax Calculation Tool, (b) the application of taxes to your products or of the tax jurisdiction assignment functionality or sales and use tax rates, and (c) whether or not the amounts we collect on your behalf satisfy your obligations to collect sales taxes. You are responsible for reviewing and determining the correct calculation settings, including your tax nexus, product tax code assignments, and all related information for your products. The sales tax calculation is based on your calculation settings and information you provide to Facebook for the jurisdiction(s) where you have an obligation to calculate, collect and remit sales tax. Except for sales shipped or delivered to states where Facebook is required to collect and remit sales and use taxes on your behalf (“Marketplace Facilitator States”), we will collect and remit the amounts of sales taxes to you. The Tax Calculation Tool is limited to the calculation of sales taxes and does not calculate or collect any product-based excise taxes or any fees or surcharges.
- You must maintain documentation of all relevant tax information, including records of paying all taxes to the appropriate tax authorities. You represent that the tax registration number and all other information you provide to us are accurate and current, and you will immediately update any such information in case of changes. We reserve the right to confirm the validity of your seller account information (including your tax registration number) and request additional information from you or government authorities as permitted by law. You agree to provide information to us upon request in the time prescribed.
- Except as otherwise provided in these Program Terms, you agree that Facebook is not obligated to determine whether taxes apply, and Facebook is not responsible to collect, report, or remit any taxes arising from any transaction. If a taxing authority requires us to pay any of your taxes, you will promptly reimburse us for the amounts paid on your behalf or resulting from your sales in the jurisdiction.
- We are not responsible for managing, paying for, or fulfilling any sales that result from your Product Listings.
- You may only use service providers (each a “Service Provider”) in connection with the Merchant Commerce Features if they act on your behalf and are bound by an agreement to protect Transaction Data at least as much as is required under these Program Terms. A breach of these terms by any of your Service Providers will be deemed a breach by you.
- You may use any User’s data, content, or other information you receive from Facebook in connection with your use of the Merchant Commerce Features (“Transaction Data”) only in accordance with the following, as applicable: (a) the Facebook Terms of Service ("Terms") (including, as applicable, the Terms, Facebook Pages Terms, and Facebook Platform Policies), and (b) any other consent you have received from the User. If the consent you received from a User conflicts with the Terms, then the Terms will control. You may only share Transaction Data with Service Providers or as required to comply with applicable law.
- You may not use Transaction Data for marketing purposes unless the applicable User has provided prior express consent using a feature that we may in our discretion make available for Users to provide such consent.
- The following terms apply if you use a Merchant Commerce Feature that allows Users to initiate payments to you:
- You must comply with our technical documentation with respect to any such Merchant Commerce Feature.
- Your payments will be processed by a third-party payment processor with whom you have a direct relationship, and not by us.
- You are solely responsible for determining, collecting, withholding, reporting, and remitting taxes, duties, fees, surcharges and additional charges for sales that result from your Product Listings. For sales shipped or delivered to Marketplace Facilitator States where Facebook is required to collect and remit sales and use taxes on your behalf, Facebook will automatically calculate, collect, and remit taxes to the Marketplace Facilitator States on your behalf in accordance with applicable law. Any fees, commissions or other amounts payable to us are exclusive of any applicable taxes, and to the extent taxes are required to be collected or withheld, you will pay such taxes in addition to the amounts otherwise payable.
- If you have opened an account with a payment processor via Facebook or linked your existing payment processor account to your Facebook account:
- You authorize us to access, use, and interact with your payment processor account and service on your behalf, including to initiate authorizations, captures, refunds, and cancellations, to take other actions required to complete or monitor activity related to Product Transactions, or to receive data to allow us to determine chargeback rates and refund rates for all of your transactions. We may also initiate refunds or cancellations on your behalf.
- We may cancel or refund any transaction we believe violates these Program Terms, the Purchase Protection Policy, or the Terms, or if we believe doing so may prevent financial loss. We may also place a delay on a payment for a period of time, limit payment methods for a transaction, limit your ability to make a sale, or deactivate your account.
- If you have not opened an account with a payment processor via Facebook or linked your existing payment processor account to your Facebook account:
- You may receive tokenized payment credentials for each transaction. You may only use those tokenized payment credentials for the transaction for which you received them.
- For transactions completed with these tokenized payment credentials, the consumer maintains all rights under applicable law and network rules with respect to chargebacks and other disputes related to those transactions. In the event of a dispute, (A) our token solution provider ("TSP") has the right to initiate a chargeback; and (B) you have the same rights and responsibilities with respect to a chargeback initiated by the TSP as you would with respect to any other chargeback.
- If you use your Page to sign up to Facebook’s merchant commerce platform (a Merchant Commerce Feature) by opening an account with one or more third party payment processors via Facebook on or after May 16, 2018, then the following terms apply to all of your Page’s sales from Product Listings where a user can pay for the item without leaving Facebook:
- All such sales are subject to our Purchase Protection Policy.
- You agree to the terms of service of the payment processor(s) we selected, which currently include the terms of Stripe and PayPal.
- You acknowledge that the payment processor(s) we selected will process all payments for such sales, according to their respective terms of service.
- Facebook reserves the right to add or change payment processors from time to time, and your continued use of the Merchant Commerce Features constitutes acceptance of such addition or change. You acknowledge that Facebook may share the information you provided when you signed up to Facebook’s merchant commerce platform with any payment processors we select, solely for the purpose of enabling them to provide you with payment processing services to support the Merchant Commerce Features that you use.
- Facebook and the applicable payment processor each charges a transaction fee, and the total combined fee is 2.9% + $0.30 per transaction, calculated based on the entire amount of the transaction (including sale price and any shipping fees and taxes). You will also be subject to a fee of $20 per chargeback. All fees are non-refundable and do not include any taxes that you may be responsible for paying. The payment processor may charge other types of fees, as described in the payment processor’s terms.
- You authorize the payment processor(s) we selected to electronically debit the bank account you provided us for chargebacks or other fees, fines, penalties, negative balances or other amounts owed to the third party processor or to Facebook under these Program Terms, and, if necessary, to electronically credit your account to correct erroneous debits. This authorization will remain in effect while you have a Shop tab associated with your Page. If you delete your Shop tab, the authorization will remain in effect for another 60 days before expiring. You represent and warrant to Facebook that the bank account you provided is a business deposit account and that such account is not used for any personal, family, or household purposes. You understand and agree that the initiation and transmission of each debit and credit will be subject to, and made in accordance with, applicable law and the Operating Rules of the National Automated Clearing House Association (“NACHA”).
- If a debit authorized under Section 12.f fails, we may take additional steps to collect past due amounts. You will pay all expenses associated with such collection.
The Merchant Commerce Features are part of the “Facebook Products” under the Terms, and the Terms continue to apply to your use of the Merchant Commerce Features and any other use of Facebook. In the event of any conflict between these Program Terms and the Terms, these Program Terms shall solely govern with respect to your use of the Program to the extent of the conflict. We may change or update these Program Terms from time to time and your continued use of the Merchant Commerce Features constitutes acceptance of those changes. These Program Terms will terminate in the event of any termination of the Terms, but the following provisions will still apply: the lead-in paragraph, Sections 5-10, 12.a, 12.b, 12.e-g, and this paragraph.