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Facebook Marketplace – Commercial Terms for Sellers

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Commerce Product Merchant Agreement

 The following terms (“Merchant Terms”) apply to your use of any commerce service (each, a “Merchant Commerce Feature”) we make available for you to display, facilitate the sale, lease or rental of, and/or sell, lease or rent goods or services to users (each, a “User”) of Facebook Products, including Facebook Pay.

Section 1: Product Listings and your use of Merchant Commerce Features

We may display product or service listings you create (“Product Listings”) on the Facebook Products. If you implement or have previously implemented any Facebook Business Tools (as defined in our Facebook Business Tools Terms), you acknowledge that these Merchant Terms apply in connection with the Merchant Commerce Features, including for optimization on Merchant Commerce Features such as Facebook’s Marketplace feature.

Your Product Listings must comply with our Commerce Policies. Your use of the Merchant Commerce Features must comply with applicable law. You must not use the Merchant Commerce Features in connection with any activities, individuals or entities that are located in a country or region that is subject to comprehensive U.S. sanctions law or that would otherwise violate applicable U.S. or non-U.S. trade sanctions laws.

You are solely responsible for the contents of your Product Listings (including description, price, fees, tax that you calculate, any required legal disclosures, and any offers or promotional content).

You are responsible for displaying any sales, privacy, or other terms that you want to apply to your interactions with Users. Any such terms do not bind us and must not conflict with these Merchant Terms and our other applicable terms and policies.

You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of any data, content, and other information provided by you or accessed by us in connection with the Merchant Commerce Features, including photos, videos, and Product Listing content, in connection with the Facebook Products.

We may offer to fund promotions, discounts, and other incentives (“Funded Incentives”) directly to Users to encourage engagement with Product Listings. You acknowledge that our use of Funded Incentives does not alter your obligations under these Merchant Terms.

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, 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 tax rates of applicable taxes, including but not limited to sales and use tax, goods and services tax (GST), value added tax (VAT) and other applicable taxes (“Applicable Taxes”), and (c) whether or not the amounts we collect on your behalf satisfy your obligations to collect Applicable Taxes. You are responsible for reviewing and determining the correct calculation settings, including your obligation to collect Applicable Taxes, tax nexus, product tax code assignments, and all related information for your products. The calculation of Applicable Taxes 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 Applicable Taxes.

Except for sales shipped or delivered to jurisdictions where we are required to collect and remit Applicable Taxes on your behalf (“Marketplace Facilitator Jurisdictions”), any amounts collected and remitted using the Tax Calculation Tool will be remitted to you.

The Tax Calculation Tool is limited to the calculation of Applicable Taxes and does not calculate or collect any product-based excise taxes or any fees or surcharges. The Tax Calculation Tool calculates tax based on the entire amount of the transaction (including sale price, shipping fees and any other charges subject to tax).

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 Merchant Terms, you agree that we are not obligated to determine whether taxes apply, and we are 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 in connection with your use of a Merchant Commerce Feature.

You may only use Service Providers 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 Merchant Terms. A breach of these Merchant Terms by any of your Service Providers will be deemed a breach by you. “Service Providers” means anyone who directly or indirectly provides services to you or to third parties on your behalf.

You may only 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”) as follows: (a) in accordance with our terms and policies, including, as applicable, our Pages Terms and Facebook Platform Policies), and (b) to support the transaction(s) arising from the User’s use of the Merchant Commerce Features, and/or in accordance with any other consent you have received from the User. If the consent you received from a User conflicts with the Merchant Terms, then the Merchant Terms will control. You may not sell or misuse Transaction Data. Subject to Section 9, you may not share Transaction Data with anyone except Service Providers, or as required to comply with applicable law. Transaction Data includes data received through any Merchant Commerce Features that we may in our discretion provide to facilitate your communication with Users (“Communication Tools”).

Notwithstanding section 10, you may not use Transaction Data for marketing purposes, including for building user profiles, unless either (a) 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, or (b) you have received the same data from the User independently of the Merchant Commerce Features and obtained the User’s consent to use it for marketing purposes. You may not in any circumstances use the Communication Tools for marketing purposes.

Section 2 – Payments

The following terms apply if you use a Merchant Commerce Feature that allows Users to initiate payments to you:

Your payments will be processed by a third-party payment processor with whom you have a direct relationship, in accordance with their terms of service, and not by us. We reserve the right to add or change payment processors from time to time. We will notify you of any new payment processors and your continued use of the Merchant Commerce Features upon receipt of such notice constitutes acceptance of such addition or change as well as your acceptance of their terms of service. You acknowledge that we may share the information you provided when you signed up to our 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.

You are solely responsible for determining, collecting, withholding, reporting, and remitting Applicable Taxes, duties, fees, surcharges and additional charges for sales that result from your use of a Merchant Commerce Feature. For sales shipped or delivered to Marketplace Facilitator Jurisdictions where we are required to collect and remit Applicable Taxes on your behalf, we will automatically calculate, collect, and remit Applicable Taxes to the Marketplace Facilitator Jurisdictions on your behalf in accordance with applicable law. Except as provided elsewhere in these Merchant Terms, 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. You are also solely responsible for all Applicable Taxes on any payments to you in connection with incentive programs offered by us.

You must comply with our technical documentation with respect to any Merchant Commerce Feature.

Section 3 – Refunds

Except as expressly provided in the Merchant Policies (as applicable), you are solely liable for any refunds issued on your behalf in connection with the Merchant Commerce Features. You authorize us to access, use, and interact with your payment processor about the Merchant Commerce Features on your behalf, including with respect to authorizations, captures, refunds, cancellations, and the execution and monitoring of activity related to the Merchant Commerce Features. You also authorize us to receive data from your payment processor to allow us to determine chargeback rates and refund rates for all of your transactions.

Any refunds of transactions involving Funded Incentives will be allocated between the User and us on a pro-rata basis.

Section 4 – Country-specific terms

Merchants in the U.S.

If you are a resident of or have your principal place of business in the US, the following terms apply to your sales from Product Listings where a User initiates the payment from a Facebook Product.

All such sales are subject to our Purchase Protection Policy and Merchant Policies.

Any transaction may be refunded or cancelled if we believe it violates these Merchant Terms, the Purchase Protection Policy, the Merchant Policies, or our Terms of Service, or if we believe cancellation may prevent financial loss. Other actions that may be taken on your account include, as permitted by applicable law: placing a delay on a payment for a period of time, limiting payment methods for a transaction, limiting your ability to make a sale, or deactivating your account.

You agree to the terms of service of the payment processors we have selected, which are currently Stripe and PayPal. When you agree to these Merchant Terms, we also accept your agreement to the terms of the payment processors on their behalf. We do not act as an agent of the payment processors in any other way.

We charge a fee of 5% per transaction, with a minimum fee of $0.40 (“Selling Fee“). With respect to goods, the sale of a good or goods which are shipped together are a “transaction” for the purpose of this section. The Selling Fee will be calculated based on the entire amount of the transaction (including the sale price(s) of good(s), any shipping fees and Applicable Taxes). You will also be charged a fee of $20 per chargeback, which will be waived upon successful representment provided that you are compliant with these Merchant Terms and all applicable laws and policies.

All fees will be deducted from the payouts the payment processor makes to your linked bank account.

All fees 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, but do not include any taxes that you may be responsible for paying based upon payments received for your Product Listings.

All fees are non-refundable except as provided in the Merchant Policies.

You authorize the payment processor(s) we select to electronically debit the bank account you provided us for chargebacks or other fees, fines, penalties, negative balances or other amounts owed to the payment processor or to us under these Merchant 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 or your Facebook account, the authorization will remain in effect for another 60 days before expiring. You represent and warrant to us 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 relevant bank clearing system.

If a debit authorized under this Section fails, we may take additional steps to collect past due amounts. You will pay all expenses associated with such collection.

Merchants in Thailand

If you are a resident of or have your principal place of business in Thailand and you use a Merchant Commerce Feature, then the following terms apply to your sales from Product Listings where a User initiates the payment from a Facebook Product.

You agree to the terms of service of the payment processor we have selected, which is currently Kasikorn Global Payment.

To allow the payment processor we have selected to assess your application to use their services and monitor your use of their services on an ongoing basis, we may share some information about your use of Facebook Products for commerce activity with the payment processor.

Merchants in Brazil

If you are a resident of or have your principal place of business in Brazil and you use a Merchant Commerce Feature, then the following terms apply to your sales where a User initiates the payment from a Facebook Product.

You agree to the terms of service of the payment processor we have selected, which is currently Cielo S.A..

Cielo charges a fee of 3.99% per transaction (“Selling Fee“), which may be updated from time-to-time. The Selling Fee will be calculated based on the entire amount of the transaction (including sale price(s) and Applicable Taxes). All fees will be deducted from the payouts to your linked bank account or linked payment instrument. All fees 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, but do not include any taxes that you may be responsible for paying based upon payments received for your sales. All fees are non-refundable.

Merchants in Europe

If you are a business established in the European Union or in the United Kingdom and use a Merchant Commerce Feature (including Marketplace, Shops and Instagram Shopping) to sell products to consumers located in the European Union or the United Kingdom, you can learn more about your commercial relationship with us by reviewing the Platform to Business Notice. The Platform to Business Notice supplements these Merchant Terms.

Merchants who receive tokenized payment credentials

If you use a Merchant Commerce Feature where a User initiates the payment from a Facebook Product and you receive tokenized payment credentials for each transaction, then the following terms apply.

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, (i) our token solution provider (“TSP“) has the right to initiate a chargeback; and (ii) 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.

To the extent you use other Facebook Products, these Merchant Terms are part of any terms that apply to your use of those Facebook Products, and those other terms continue to apply. In the event of a conflict between these Merchant Terms and any other terms, the Merchant Terms shall govern solely with respect to your use of the Merchant Commerce Features to the extent of the conflict. We may change or update these Merchant Terms at any time without notice as we deem necessary to the full extent permitted by law, and your continued use of the Merchant Commerce Features constitutes acceptance of those changes. These Merchant Terms will terminate with respect to your use of Facebook and Instagram’s Merchant Commerce Features in the event of any termination of the Terms of Service or Instagram Terms of Use, as applicable, but the following provisions will still apply: the lead-in paragraph, Sections 5-12, 15, 16, 20 and this paragraph.

Date of Last Revision: July 9, 2020

Source: https://www.facebook.com/legal/commerce_product_merchant_agreement