NOTHING (R)
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terms and conditions

PRE-ORDER NON-REFUNDABLE DEPOSIT AGREEMENT 


Terms and Conditions

  1. Nothing Technology Limited and its affiliates and distributors (Nothing, us or we) offer you the ability to place a non-refundable deposit to pre-order the Nothing phone (1)  through the www.nothing.tech website (Pre-Orders). 
  2. All Pre-Orders are governed by these terms and conditions (Terms) and by placing a Pre-Order you agree to these Terms. 
  3. Pre-Orders may only be placed by residents of the countries and regions listed in the table in Section 2.1 who are aged 18 years or over.
  • Pre-Order Process
    •
    1. Placing Pre-Orders. Pre-Orders shall be placed on the www.nothing.tech website (Website).  You will be asked to provide your contact information at the time of placing the Pre-Order and to pay a non-refundable deposit in the amount as specified for the applicable country or region in the table below (the Deposit). 

      Country/Region

      Non-refundable Deposit

      United Kingdom

      £20

      All Eurozone countries     

      €20

      Sweden

      SEK 250

      Denmark

      DKK 200

      Australia

      $35
      For the avoidance of doubt, save where we have separately issued pre-order terms for a specific country, phone (1) will not be available for Pre-Order outside the countries and regions set out in the table above.
    2. Ordering the Phone. After you have placed a Pre-Order, when sales have opened for the Nothing phone (1) (Phone) we will send you an email inviting you to purchase the Phone. If you purchase a Phone on the Website from 12th July 2022 and by no later than 25th July 2022 23.59BST the Deposit shall be credited to the purchase price of the Phone and you will also receive a voucher equal to the amount of the Deposit (the Voucher) which can be credited against the cost of purchasing a phone (1) accessory or a ear (1) wireless earbuds on the Website provided that such purchase takes place on or before 25th July 2022. The Voucher may be applied against the cost of purchase of the phone (1) accessory or ear (1) after applying any other discounts available on the Website for such items. The Voucher has no monetary value and cannot be applied in any other manner and cannot be exchanged for cash.  If the Voucher is not used by 25th July 2022 it shall expire immediately and cease to be valid. Nothing may at its sole discretion extend the deadline for purchase of a Phone at any time.
    3. Non-refundable Deposit. If you have placed a Pre-Order but do not purchase or are unable to purchase a Phone before the deadline in Section 2.2, your Pre-Order will immediately lapse and the Deposit will be non-refundable and shall remain the property of Nothing and the related Voucher shall immediately expire and cease to be valid. Your statutory rights are not affected.
    4. Returns. If you purchase a Phone in accordance with Section 2.2 but decide to return the Phone in accordance with the applicable Terms of Sale, you will be obliged to return the complimentary phone case along with the Phone and you will lose entitlement to the Nothing digital collectible. A failure to return the complimentary phone (1) case in such circumstances and/or any attempt by you to retain the Nothing digital collectible shall result in the amount of the Deposit being deducted from any refund that you may be entitled to receive for the Phone. 
  • Data protection
    •
    1. Purpose and disclosure. We collect the personal information you provide on the Website to provide the Pre-Orders service, and may, for this purpose, and for the purpose of processing your Deposit and purchasing a Phone, disclose such information to third parties, including but not limited to agents, contractors, and service providers.
    2. Marketing. Where you have consented on the Website to receiving marketing communications from us, we may use the information you have provided to send you marketing communications.
    3. Privacy Policy. Nothing will only process your personal information as set out in its Privacy Policy. 
  • General
    •
    1. Updating your contact details. In order for Nothing to contact you at the relevant time when you become eligible to purchase a Phone, it is your responsibility to ensure that Nothing has your up-to-date contact details. Nothing accepts no liability if we are unable to contact you at the relevant time.
    2. Breach. If there is any reason to believe that there has been a breach of these Terms, Nothing may, at its sole discretion, reserve the right to cancel your Pre-Order. 
    3. Termination and amendment. Nothing reserves the right to suspend, cancel, or terminate the Pre-Order process where it becomes necessary to do so. Nothing reserves the right to vary or amend these Terms at any time, in its absolute discretion. Your statutory rights are not affected.
    4. Limitations. We shall not be liable to you whether in contract, tort or otherwise, for any indirect, special or consequential loss or damage, or any loss of profit or revenue, loss of use or enjoyment, loss of business or contracts, or loss of opportunity. The aggregate liability to you in connection with these Terms shall not exceed the amount of the applicable Deposit. 
    5. Death or personal injury. Notwithstanding any provision of these Terms, Nothing does not seek to limit its liability for death or personal injury caused by the negligence of its employees, officers or agents.
    6. Consumers. Consumers in some countries, states, or territories may have the benefit of certain statutory rights, remedies, localizations, and limitations under consumer legislation in respect of which Nothing’s liability and those of its affiliates, principals or agents cannot lawfully be excluded or limited. Notwithstanding anything to the contrary in these Terms, if you are a consumer within the meaning of relevant consumer legislation in your country, state, or territory, the provisions of these Terms (including the disclaimers of warranties, limitations and exclusion of liability) must be read subject to applicable law and apply only to the maximum extent permitted by such applicable law. To find out more about rights, you should contact a local consumer advice organization.
    7. Governing law and disputes. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales except that if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.  The preceding provision regarding jurisdiction does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside.

    REFERRAL OFFER TERMS

     

    8 July 2022 

     

    1. Nothing Technology Limited and its affiliates and distributors (Nothing or we) promote referral offers for pre-orders of its products and services on the www.nothing.tech website from time-to-time.
    2. The current referral offer is open until 23:59:59 GMT on 11 July 2022.
    3. Any marketing of the referral offer, or the webpage which the marketing directs you to, will specify the value of the referral reward and any necessary eligibility requirements. Please check these terms to understand the exact conditions that apply to the referral offer communicated to you.
    4. For you to be eligible for any referral offer: (i) you must yourself have placed a pre-order for a phone (1) and paid a non-refundable deposit in accordance with the terms and conditions set out https://nothing.tech/pages/terms-and-conditions-for-pre-order; and (ii) a minimum of four (4) people that you refer under this offer must each place a pre-order for a phone (1) and pay a non-refundable deposit in accordance with such https://nothing.tech/pages/terms-and-conditions-for-pre-order by 23:59:59 GMT on 11 July 2022. For clarity, there will be no referral award unless the minimum number of qualifying referrals is reached by such date. 
    5. Each person you refer must place the pre-order using your unique referral link which is generated and communicated to you via email as shared by Nothing.
    6. By taking part in this referral offer you acknowledge that eligibility for the referral reward is dependent on the actions of a third party (the person you refer). 
    7. You will be disqualified from the referral offer if Nothing finds there are reasonable grounds to believe there has been a breach of these promotional terms or the Terms of Sales applicable to your country of residence. [Employees of Nothing, its affiliates and distributors, and their immediate families, associated agents, or anyone professionally connected with the promotion are not eligible for any referral offer.]
    8. Nothing does not bear any liability for incomplete pre-orders, pre-order declines, or if there are delays for any reason, including being unable to verify transactions or accounts. 
    9. The value of the referral reward and any eligibility requirements may change from time to time, and this will not constitute an amendment of these referral offer terms which requires us to provide you with any notice. 
    10. If you are eligible for the referral award, you may claim it after 31 days of receiving the phone (1) that was pre-ordered by you.  If you fail to claim your award within 60 days, the referral award will immediately lapse and shall have no monetary value.
    11. If you attempt to circumvent the terms of the referral offer, including by creating multiple accounts, or reversing any transactions which qualified you for the offer, your participation in the referral offer will be suspended and/or terminated. Nothing will also revoke any referral rewards granted where we reasonably believe they were obtained by fraud or otherwise in violation of these terms.
    12. We reserve the right to suspend or withdraw this referral offer at any time and to amend these terms on 30 days’ notice.
    13. We will not be liable for any loss or claim, whether direct or indirect, which arises from the referral offer.
    14. Consumers in some countries, states, or territories may have the benefit of certain statutory rights, remedies, localizations, and limitations under consumer legislation in respect of which Nothing’s liability and those of its affiliates, principals or agents cannot lawfully be excluded or limited. Notwithstanding anything to the contrary in these terms, if you are a consumer within the meaning of relevant consumer legislation in your country, state, or territory, the provisions of these terms (including the disclaimers of warranties, limitations and exclusion of liability) must be read subject to applicable law and apply only to the maximum extent permitted by such applicable law. To find out more about rights, you should contact a local consumer advice organization.
    15. These terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales except that if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.  The preceding provision regarding jurisdiction does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside.