PRE-ORDER REFUNDABLE DEPOSIT AGREEMENT (INDIA)

Terms and Conditions

  1. Essentially Nothing Private Limited (ENPL) and its distributors, offer you the ability to place a refundable deposit to pre-order Nothing phone (1) through the Flipkart’s App and Mobile site(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 India. All such Pre-Orders will be fulfilled on Flipkart’s App and Mobile site.
  4. To avail this Pre-Order, the registered mail ID with Nothing and Flipkart should be the same.
  5. Validity of the invite will be from 24 June, 2:30 PM IST to 30 June, 11:59 PM IST, 2022. 
  6. All referral invites will be valid till 30 June, 11:59 PM, 2022.
  7. For customers, the referral codes will be shared within 24 hours after you complete the Pre-Order transaction on the Flipkart’s App and Mobile site.
  8. All communications for choosing preferred model of phone (1) including date of availability, will be sent by Flipkart. 
  9. The preferred model of phone (1) on the Flipkart’s App and Mobile site will be made available on a first come, first served basis.
  10. Delivery of phone (1) will be managed by Flipkart and Nothing shall not be responsible for any delay or default in delivery of phone (1). Customers will contact Flipkart for all queries pertaining to delivery related issues.
  11. For your Pre-Order refund amount, you should contact Flipkart support and Flipkart’s policy on return/refund/cancellation, Terms of Use and other applicable policies. 
  12. This offer will run on www.flipkart.com (mobile site only), Flipkart Mobile App, Flipkart Lite Platform (all three collectively “Platform”), which is owned and operated by Flipkart Internet Private Limited (“Flipkart”).

  • Pre-Order Process
        1. Placing pre-orders. Pre-Orders shall be placed on the Flipkart’s App and Mobile site. To place a Pre-Order the customer is required to pay the refundable deposit of INR 2,000 (“Deposit”). Pre-Order payments can be done only through online payments. A Cash On Delivery option is not available for Pre-Orders.
        2. Ordering the phone (1). After you have placed a Pre-Order, when sales have opened for Nothing phone (1), you will have to login on Flipkart’s App or Mobile site. If you purchase a Nothing phone (1) on the Flipkart App or Mobile site by no later than 18-07-2022, the deposit shall be credited towards the purchase price of phone (1). Nothing may, at its sole discretion, extend the deadline for purchase of the device at any time.
        3. If you have placed a Pre-Order but do not purchase or are unable to purchase phone (1) before the deadline mentioned in Section 2.2, your Pre-Order will immediately lapse and the deposit will be refunded by Flipkart and transferred back to the source of the payment. 
        4. If you purchase phone (1) in accordance with Section 2.2 but decide to return it in accordance with the applicable Flipkart Terms of Sale, you will be entitled for a replacement of phone(1) in accordance with the applicable Flipkart returns policy. 
  • 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 such as Flipkart, including but not limited to agents, contractors, and service providers.
        2. Marketing. Where you have consented on the Nothing 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 outlined in its Privacy Policy
  • General
      1. Updating your contact details. In order for Nothing/Flipkart to contact you at the relevant time when you become eligible to purchase phone(1), it is your responsibility to ensure that Nothing and Flipkart have 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. Nothing and Flipkart 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.
    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 the laws of India. Any dispute or claim (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of Gurugram, Haryana.