1. General

1.1. PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE YOU SUBMIT ANY ORDER TO US. THESE TERMS OF SALE CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

1.2. These Terms of Sale, including any information made available via a hyperlink herein (together the “Terms of Sale”), set forth the terms and conditions upon which we supply Products to you. These Terms of Sale will govern all orders placed on this website and will constitute an agreement between OnePlus, as the seller, and you, as the purchaser, with respect thereto.

1.3. References in these Terms of Sale to “Products” (or, singularly, to a “Product”) shall mean all products sold on this website, including but not limited to OnePlus mobile and wearable devices (i.e., mobile phones, wearable devices, tablets, and other devices) and accessories (i.e., earbuds, earphones, power adapters, chargers, keyboards, and other accessories, gear, and device-related products), available now or in the future and/or any other products sent to you by OnePlus, or which OnePlus agrees to supply to you, under these Terms of Sale.

1.4. References in these Terms of Sale to “you,“ “your,” or the “customer” shall mean the person purchasing any Product(s).

1.5. References in these Terms of Sale to “we,“ “our, “ us,” or “OnePlus” shall mean ONEPLUS USA CORP., a Nevada corporation, doing business as ‘OnePlus’ and having its registered office in the State of Nevada at 1810 E Sahara Ave., Suite 215, Las Vegas, Nevada 89104 USA.

1.6. Please contact us as set forth in Section 17 (‘Contact Us’) below with any questions, comments, or concerns in connection with these Terms of Sale.

2. Product Images

Images of the Products on this website are for illustrative purposes only. Although we have made every effort to ensure the accuracy of Product images on this website, your Product may vary slightly (e.g., by color) from those images. To the extent permitted by applicable law, all features, functionality, and other Product specifications are subject to change without notice or obligation.

3. Contract for the Purchase of Product(s)

3.1. By placing an order using the online check-out process on this website, (i) you are making an offer to buy the selected Product(s) from us under these Terms of Sale; and (ii) you represent and warrant that you are authorized to use the designated payment method. All orders must be accepted by us or we will not be obligated to sell the Product(s) to you. We may choose not to accept any orders in our sole discretion.

3.2. Your offer to purchase Product(s) will be considered accepted by us upon the earlier of (i) your receipt of a confirmation email from us with your order number and details of the Products(s) you have ordered, or (ii) delivery of the Product(s). Acceptance of your order and the formation of the contract of sale between OnePlus and you will not take place unless and until you have so received your order confirmation email and/or the Product(s).

3.3. Without limiting the generality of the foregoing, we may refuse to accept your order if: (i) the Product is no longer in stock; (ii) the Product is no longer being produced; (iii) there is a price fluctuation; (iv) we cannot obtain authorization for your payment or we do not receive payment; (v) a credit reference we have obtained for you does not meet our minimum requirements; (vi) we have a reasonable suspicion of fraudulent activity (including unauthorized reseller activity) in violation of these Terms of Sale; (vii) you do not live in a region in which Products may be purchased; or (viii) you are not of legal age to enter into a binding agreement.

3.4. In the event of any such nonacceptance, OnePlus will notify you of the nonacceptance and refund any money you have paid toward an order in a timely manner.

3.5. Unless otherwise provided under applicable law, refund of any money you have paid toward an order will be the extent of OnePlus’s liability for any such nonacceptance.

4. Cancellations

4.1. OnePlus makes every effort to supply the Product(s) listed in your order confirmation email. In some situations, however, we will need to cancel your order. For example, if: (i) we are legally required to do so; (ii) the item is no longer in stock; and/or (iii) we have a reasonable suspicion of fraudulent activity (including unauthorized reseller activity) in violation of these Terms of Sale.

4.2. Incomplete shipping address information or failure to update required shipping details via email/phone when asked may also result in order cancellation.

4.3. NOT APPLICABLE TO QUéBEC CONSUMERS: To the fullest extent permitted by applicable law, we are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.

4.4. In the event of any such cancellation, OnePlus will notify you of the cancellation and refund the money you have paid toward the order in a timely manner.

4.5. Unless otherwise provided under applicable law, refund of money you have paid toward an order will be the extent of OnePlus’s liability for any such cancellation.

5. Prices, Payment, and Price Reductions

5.1. All prices posted on this website are subject to change without notice. The price charged for a Product will be the price in effect at the time the order is placed. Price increases will only apply to orders placed after such changes. Prices and currencies displayed on your order confirmation at checkout and set forth in your order confirmation email are final.

5.2. Should OnePlus reduce its price on any Product with fourteen (14) calendar days from the date you receive your Product, you may contact OnePlus customer service at Support to request a refund or credit of the difference between the price you were charged and the current selling price. To receive the refund or credit you must contact OnePlus within fourteen (14) calendar days after receiving your Product.

5.3. Payments are subject to the terms and conditions governing your payment instrument (e.g., the credit card you used for payment) between you and the issuer of your payment instrument (e.g., your bank). You are responsible for any charges and related fees that may be imposed under the payment instrument terms and conditions as a result of your use of a payment instrument. OnePlus does not charge extra transaction fees. You agree that OnePlus shall not be held liable for any fees in addition to those displayed at checkout.

5.4. If you are paying for your order with an international credit or debit card, the price displayed in your card statement may vary based on exchange rates. Your bank or card issuer may also charge additional foreign conversion charges and fees, which may increase the overall cost of your purchase. Please contact your bank or card issuer regarding any such fees incurred.

5.5. All local or national taxes or duties, if any, due on account of purchases hereunder shall be paid by the customer. Posted prices do not include charges for shipping and handling. All such taxes and charges will be added to your total price.

5.6. The personal information you provide when making a purchase will be processed electronically by OnePlus for the payment of the order and for anti-fraud control. Payments on OnePlus.com are handled by third-party payment partners and transmitted using the Secure Sockets Layer (“SSL”) protocol with 2048-bit encryption. OnePlus does not store or have access to your payment details. Your credit/debit card information is retained via our third-party payment partners’ servers.

5.7. The methods of payment we will accept (e.g., credit or debit card, bank transfer, etc.) are within our sole discretion and payment must be received by us before our acceptance of an order. You represent and warrant that you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

6. Shipping and Handling Policy

6.1. All goods are inspected and sealed before delivery to avoid damage. Orders are usually shipped within two (2) business days of payment. At the discretion of OnePlus, orders made during promotional periods and special events may have longer shipping times. In such cases, the customer will be separately informed in advance.

6.2. Shipping time is calculated based on shipping address and shipping method. The following options can be selected during checkout: (i) Standard Shipping (two (2) business days processing time, plus three to seven (3-7) business days shipping time); or (ii) Priority Shipping (two (2) business days processing time, plus one to three (1-3) business days shipping time).

6.3. OnePlus will keep you updated on your order status via email. Orders cannot be cancelled once they have reached “shipped” status.

6.4. Disclaimer:

(a) Please note that all delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. Additional charges will be necessary for shipping addresses in remote locations. We are unable to ship to PO Box and military addresses.

(b) Using a forwarding company is not recommended as tracking information will be beyond our monitoring system.

(c) Please note that three (3)-day shipping (aka ‘Priority Shipping,’ as described above) will not be available in the following circumstances: (i) you schedule delivery at a fixed time; (ii) you provide incomplete or incorrect address information; (iii) you are not home or available at the time of delivery; (iv) you request self-pickup at a post office; and (v) extreme weather conditions or other force majeure events.

6.5. You will pay all shipping and handling charges specified during the ordering process.

7. Risk of Loss or Damage

7.1. Risk of loss or damage to all Products hereunder will pass to the customer upon delivery of the Products to the customer.

8. Return and Replacement Policy

8.1. OnePlus devices and accessories are made to the highest standards and undergo rigorous testing. If you are not satisfied with your Product for any reason, you may request a refund or replacement within fifteen (15) calendar days of delivery. The foregoing notwithstanding, please be advised that OnePlus does not provide refunds for the Keyboard 81 Pro but, if your Keyboard 81 Pro contains one or more defects caused by workmanship or build materials, you may request a new, replacement Keyboard 81 Pro with fifteen (15) calendar days of delivery and otherwise pursuant to the provisions of this Section 8. Once we have approved your request, we receive your returned Product, and such Product passes inspection, we will so replace your Product or give you a full refund in accordance with the price you paid for the Product.

8.2. To return an item, you will be required to submit a Return Merchandise Authorization (“RMA”) form describing the problem with your Product. You will also be required to provide your original proof of purchase (i.e., the invoice). Please contact OnePlus customer service at Support (and please refer to Section 8.5 below) for assistance with this process. In order to be eligible for a refund or replacement, you must contact us within fifteen (15) calendar days of delivery and your RMA form must, as applicable, describe in detail how the goods were defective, damaged, materially different from as described, or otherwise unsatisfactory or unfit for their given purpose.

8.3. We may choose not to accept returns in certain situations, including, without limitation, the following circumstances: (i) defects or damages caused by misuse, neglect, physical damage, tampering, incorrect adjustment, normal wear and tear, or incorrect installation after purchase; or (ii) price fluctuations being the sole reason for return.

8.4. In all cases, we will inspect the Product(s) and verify any fault. To qualify for a replacement or refund, Products must be in undamaged, ‘as new’ condition and with the original packaging. We reserve the right to refuse a refund if the Product returned is reasonably deemed to have been damaged.

8.5. To request a return, please contact OnePlus customer service at Support. Once you have so contacted OnePlus customer service regarding a refund or replacement:

(a) You will receive and be required to submit an RMA form. Print out the RMA form and place it inside of the shipping package you're returning. Without a verified RMA form, the returned package will be declined. Return requests cannot be cancelled by you once the returned package has reached “shipped” status.

(b) Return all items from your original shipment, including devices, accessories, packaging and documentation. Do not send additional add-ons such as your SIM card, cases, screen protectors, earphones, earbuds, or other accessories that didn’t come with the Product(s). If such additional or other items are shipped to us by mistake, we are not able to return them.

(c) If a free promotional item was bundled with your purchase, you must return the promotional item along with the purchased product. If you do not return the free promotional item, you agree to pay for same at its regular list price and authorize OnePlus to deduct that amount from any refund due.

(d) Before returning any unit, be sure to transfer, back up, or erase all of your personal and other data, as appropriate. You are responsible for the personal information stored on your device. Please erase all personal and sensitive data on the device before sending it to OnePlus. OnePlus will not be responsible for any disclosure of data still on the returned device.

(e) OnePlus is not and shall not be held responsible for the loss or deletion of any software programs, data, or other information contained on or accessible through the returned Product. Recovery and reinstallation of third-party software programs, data and other information are not covered under warranty.

8.7. OnePlus will pay all shipping and handling charges on returned items, provided the Product is shipped back pursuant to OnePlus’s standard practices (e.g., a carrier selected by OnePlus). If the Product is not shipped back pursuant to OnePlus’s standard practices, but instead shipped at the customer’s expense, OnePlus will not refund any such costs unless the return is due to OnePlus’s error (e.g., defective, damaged, or wrong item).

8.8. Any refund will be credited back using the same payment method used to make the original purchase on this website.

9. LIMITED Warranty Policy

9.1. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. WE WARRANT THAT, DURING THE WARRANTY PERIOD, THE PRODUCT(S) PURCHASED FROM THIS WEBSITE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP.

9.2. EXCEPT FOR QUéBEC CONSUMERS, AND EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THESE TERMS OF SALE OR AS OTHERWISE REQUIRED UNDER APPLICABLE LAW, (I) ONEPLUS PROVIDES ITS GOODS AND SERVICES ON AN “AS IS” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND; AND (II) THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONS, ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THESE TERMS OF SALE AND TO THE EXTENT NOT PROHIBITED BY LAW, WE DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR ABSENCE OF HIDDEN DEFECTS.

Some states, provinces and territories do not allow disclaimers of implied warranties, so the above disclaimer may not apply to you.

9.3. NOT APPLICABLE TO QUéBEC CONSUMERS: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FOR CONSUMERS OUTSIDE THE PROVINCE OF QUÉBEC, OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT, OR REFUND AS SET FORTH IN THESE TERMS OF SALE. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT, OR ADVICE PROVIDED BY US OR ANY OF OUR AGENTS OR EMPLOYEES, WILL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.

9.4. Except as otherwise specifically provided below in this Section 9.4, in addition to the fifteen (15)-day return and replacement provisions set forth in Section 8.1 above, Products purchased on OnePlus.com come with a limited warranty, commencing on the date of delivery and for the duration of twelve (12) months. This limited warranty extends only to the original purchaser of Product(s) from this website. It does not extend to any subsequent or other owner or transferee of the Product(s). Said warranty only covers Product defects in materials and workmanship. Notwithstanding the foregoing, OnePlus screen protectors, protective covers and cases, and gear or ‘swag’ purchased on OnePlus.com have a fifteen (15)-day return and replacement period as described in Section 8.1 above, but are not otherwise subject to said twelve (12)-month limited warranty.

9.5. This warranty is only redeemable within your original country or region of purchase. Please note that we offer after-sales assistance (including repairs and/or replacements/returns) only in official sales regions (i.e., the regions in which we make shipments).

9.6. Except as otherwise specifically provided in Section 9.4 above, this warranty covers the hardware components of the Product as originally supplied and does not cover, in whole or in part, any associated software, services, consumable items (such as batteries), or accessories—even if packaged or sold together with the Product.

9.7. The warranty period is not extended if we repair or replace a warranted Product. The repaired or replaced Product will, however, continue to be warranted for the remaining time of the original warranty period.

9.8. To obtain warranty service, you must submit an RMA form describing the problem with your device. You will also be required to provide your original proof of purchase (i.e., the invoice), the model and serial number of the Product, and photographic evidence of the Product’s defect(s). Please contact OnePlus customer service at Support for assistance with this process. Once you have so contacted OnePlus customer service regarding warranty service:

(a) You will receive and be required to submit said RMA form. Print out the RMA form and place it inside of the shipping package you're forwarding for warranty service. No warranty service will be provided without a verified RMA form.

(b) Forward all appropriate items from your original shipment, including devices and any available packaging and documentation. Do not send additional add-ons such as your SIM card, cases, screen protectors, earphones, earbuds, or other accessories. If such additional or other items are shipped to us by mistake, OnePlus is not and shall not be held responsible for their loss.

(c) Before forwarding any unit for warranty service, be sure to transfer, back up, or erase all of your personal and other data, as appropriate. You are responsible for the personal information stored on your device. Please erase all personal and sensitive data on the device before forwarding it for warranty service. OnePlus will not be responsible for any disclosure of data still on the serviced device.

(d) During service, the device may undergo a ‘hard reset’ that will completely erase all data, settings, and content on the device, return the device to its original factory settings, and/or cause the device to become locked to the original carrier. Should your device become locked, only said carrier or a third-party device unlocking service provider can unlock your device and you will need to contact such carrier or service provider (or otherwise follow their established procedures) to request or effectuate an unlock. During service, even if the device does not undergo a ‘hard reset,’ data stored on the device may otherwise be deleted and reformatted in whole or in part. OnePlus is not and shall not be held responsible for the loss of any such data, software programs, or other information contained on or accessible through the serviced Product. Recovery and reinstallation of any such data, third-party software programs and other information are not covered under warranty.

(e) If your device suffers from multiple problems and not all of them are covered under warranty, and if you are only requesting a repair of the problem(s) that are covered under warranty, it may not be possible or feasible to do such a partial repair, as requested, if we reasonably determine (in our sole discretion) that such a partial repair will create an undue risk of further problems with the device. In such cases, OnePlus may refuse to service the device unless you agree to also allow, at your expense, the simultaneous repair of the problem(s) that are not covered under warranty.

9.9. OnePlus will pay all shipping and handling charges on serviced items, provided the Product is forwarded for warranty service pursuant to OnePlus’s standard practices (e.g., a carrier selected by OnePlus).

9.10. With respect to any defective Products during the applicable warranty period, we will, in our sole discretion, either: (i) repair or replace the Product (or the defective part), or (ii) refund the purchase price of the Product.

9.11. OnePlus may use rebuilt, reconditioned, or new parts and components when repairing any Product. Alternatively, we may replace any defective Product entirely with a rebuilt, reconditioned, or new OnePlus Product.

9.12. THIS LIMITED WARRANTY DOES NOT COVER:

(a) Defects or damage resulting from or caused by: (i) ordinary wear and tear; (ii) accidents; (iii) misuse (including failure to follow Product documentation); (iv) abnormal use; (v) neglect (including failure to perform preventative maintenance); (vi) disassembly; (vii) improper testing, maintenance, installation, modification, adjustment, repair, or servicing not furnished by OnePlus or an authorized OnePlus partner; (viii) external causes such as, but not limited to, theft, liquid damage, exposure to sharp objects, exposure to excessive force, anomalies in the electrical current supplied to the Product, exposure to extreme thermal conditions, and exposure to moisture, dampness, sand, dirt, or other weather/environmental conditions (including as the result of improper storage); (ix) use of the Product in conjunction with accessories, devices, ancillary/peripheral equipment, systems, software, or other matter not furnished or approved by OnePlus; or (x) cellular signal reception or transmission, viruses, or other software problems introduced into the Product.

(b) Devices that have the serial number or the International Mobile Equipment Identity (“IMEI”) numbers removed, defaced, damaged, altered, or made illegible.

(c) Products not purchased from OnePlus.com or authorized resellers (it is recommended that you first contact the point of sale for any support).

(d) Products purchased outside of officially supported OnePlus countries or regions (i.e., outside of countries or regions in which we make shipments). This limited warranty is only valid and enforceable in locations where the Product is sold.

(e) Loss of data, whether caused by warranty service or otherwise.

(f) All third-party products (hardware and software) and services, which are sold by OnePlus “as is” and without warranty from OnePlus (but which, without prejudice to the foregoing, may be accompanied by a warranty from the original manufacturer).

9.13. This limited warranty does not guarantee that use of a Product will be uninterrupted or error-free.

10. Limitation of Liability

10.1. NOT APPLICABLE TO QUéBEC CONSUMERS: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE REMEDIES SET FORTH IN THESE TERMS OF SALE ARE (I) THE ONLY EXPRESS WARRANTY ONEPLUS PROVIDES with respect to the Products AND/OR ANY OTHER CLAIM AGAINST ONEPLUS UNDER OR RELATED TO THESE TERMS OF SALE, (II) YOUR SOLE AND EXCLUSIVE REMEDIES, AND (III) OUR ENTIRE OBLIGATION AND LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ONEPLUS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS, OR OTHER TERMS BINDING ON ONEPLUS OF ANY KIND, WHETHER STATUTORY OR IMPLIED, ARISING FROM COURSE OF CONDUCT OR OTHERWISE, REGARDING YOUR PRODUCT(S), EXCEPT THAT ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT THAT CANNOT BE DISCLAIMED ARE LIMITED IN DURATION TO THE PERIOD OF THE EXPRESS WARRANTY SET FORTH IN THESE TERMS OF SALE.

Some states, provinces, or territories do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

10.2. NOT APPLICABLE TO QUéBEC CONSUMERS: TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT FOR PAYMENTS EXPLICITLY OUTLINED IN THESE TERMS OF SALE, EITHER PARTY’S MAXIMUM AGGREGATE LIABILITY UNDER, ARISING OUT OF, OR RELATING TO THESE TERMS OF SALE, WHETHER IN CONTRACT, WARRANTY, CONDITION, TORT, STRICT LIABILITY, STATUTE, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT PAID TO ONEPLUS HEREUNDER FOR THE APPLICABLE PRODUCT(S) OR ANY SERVICE. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. ONEPLUS DISCLAIMS ALL LIABILITY OF ANY KIND OF ONEPLUS’S LICENSORS AND SUPPLIERS.

10.3. The foregoing limitations shall not apply to (i) any claim by OnePlus against the customer for violation of intellectual property rights, or (ii) for payment of the amount due to OnePlus by the customer for Products and services purchased under these Terms of Sale.

10.4. NOT APPLICABLE TO QUéBEC CONSUMERS: Except for OnePlus’s explicit warranty obligations (as expressly provided in these Terms of Sale); cases of death or serious bodily harm, fraud, or fraudulent misrepresentation; or any other damage that cannot be excluded under applicable law:

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR LOSS OF PROFITS, REVENUE, OR INCOME; LOSS OF BUSINESS, OPPORTUNITY, PRODUCTION, WORK, GOODWILL, OR REPUTATION; LOSS OF USE; LOSS OF DATA; ANY DIMINUTION OF IN VALUE; COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR OF RECOVERING OR REPRODUCING ANY DATA; OR ANY SPECIAL, ECONOMIC, EXEMPLARY, PUNITIVE, INCIDENTAL, COVER, OR CONSEQUENTIAL DAMAGES OR LOSSES THAT MAY BE INCURRED BY EITHER PARTY UNDER, ARISING OUT OF, OR RELATING TO THESE TERMS OF SALE, WHETHER DIRECT OR INDIRECT, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, INFRINGEMENT, CONDITION, STATUTE, OR OTHERWISE, AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some states, provinces, or territories do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

10.5. OnePlus shall also not be held liable for any losses due to the fault of third parties, including, without limitation, packages that are lost or stolen in transit; damages caused by incorrect or improper usage of the Products by third parties; or other losses or damages attributable in full or in part to third parties.

11. Intellectual Property

11.1. We own or have a right to use all intellectual property and proprietary rights in our website, including all content. You agree that you will only use our website for personal, non-commercial use.

11.2. Certain trademarks on this website belong to third parties and may not be used without permission. Please see their respective websites for more information.

11.3. Nothing herein shall be construed as granting a license to any name, logo, trademarks, trade names, copyrights, patents, design patents, mask works, trade dress, or any other forms of intellectual property or proprietary rights of either OnePlus or its licensors. OnePlus expressly reserves all such rights.

11.4. OnePlus and its licensors are and will remain the sole and exclusive owners of all intellectual property rights in and to the Products (and any services) made available on this website and any related specifications, instructions, documentation, software, or other materials, including, without limitation, all related copyrights, patents, trademarks, and other intellectual property rights, subject only to such limited license as may be granted under such Product’s or service’s applicable license terms and provisions. You do not and will not have or acquire any ownership of these intellectual property rights in and to the Products or any services made available through this website, or of any intellectual property rights otherwise relating to such Products or services.

11.5. You will comply with all terms and conditions of the specific license agreement for Products and any services you obtain through this website, including, without limitation, all confidentiality obligations and restrictions on resale, use, reverse engineering, copying, making, modifying, improving, sublicensing, and transfer of such licensed Products or services.

11.6. For questions regarding OnePlus’s Intellectual Property Policy, please see here.

12. Personal Data

12.1. By making a purchase via OnePlus.com, you consent to your Personal Data being transferred and stored (both electronically and manually) by OnePlus and by OnePlus’s affiliates and business partner(s) located both inside and outside of the U.S. for the purposes of processing payment, fulfilling your order, and/or maintaining sales and customer records. You hereby agree that such usages shall constitute legitimate business needs of OnePlus.

12.2. For the purposes of this Agreement, “Personal Data” may include, but is not limited to, name, date of birth, customer and Product ID number(s), home address, contact information, and purchase history on OnePlus.com. Your Personal Data shall be retained by OnePlus and its partners only for as long as it may be needed.

12.3. OnePlus undertakes to ensure that it and its partners will take appropriate measures to protect your Personal Data and use your Personal Data only for the purposes described in these Terms of Sale.

12.4. You further agree that OnePlus shall not be held liable for the misuse of your Personal Data by any third party arising from or relating to your usage of this website. OnePlus may provide your Personal Information to third parties to detect, prevent, or otherwise address fraud, security, or technical issues.

12.5. Please refer to our Privacy Policy for more information.

13. Resale and Export Control

13.1. You represent and warrant that the Product(s) and/or any service purchased by you through this website are for your own personal or household use only (including gifts to others), and not for resale or export.

13.2. The Products may be subject to export controls. You agree to comply with applicable export control laws of the United States and Canada, the United Nations Organization, the member states of the European Union, and the European Free Trade Association, and any other country/region not in conflict with U.S. law with respect to the export, re-export, transfer, sale, or resale of the Products.

13.3. Without limiting the foregoing, you shall under no circumstances sell, offer for sale, ship to, transship to, or otherwise make the Products available, directly or indirectly, in contravention of (and/or in any region subject to) U.S. sanctions or export restrictions, or export, directly or indirectly, the Products to any regions requiring an export license or other governmental approval without first obtaining such license or other required governmental approval.

14. Miscellaneous

14.1. Severability – Each term and provision of these Terms of Sale shall be valid and enforceable to the fullest extent permitted by law. If any provision hereof, in whole or in part, is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision or portion thereof shall be deemed deleted and replaced by a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid, illegal, or unenforceable provision. Any modification to or deletion of a provision hereof, in whole or in part, under this clause shall not affect the validity and enforceability of the rest of these Terms of Sale.

14.2. Rights of Third Parties – These Terms of Sale do not and are not intended to confer any rights or remedies upon any person or entity other than you and OnePlus.

14.3. Assignment – You may not voluntarily, or by operation of law, assign or otherwise transfer any of your rights or delegate any of your obligations under these Terms of Sale without the prior written consent of OnePlus. Any purported assignment or delegation in violation of this Section 14.3 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Sale. OnePlus, however, may transfer its rights and obligations under these Terms of Sale to another organization.

14.4. No Waivers – Our failure to enforce any right or provision of these Terms of Sale will not constitute a continuing or subsequent waiver of future enforcement of the same or other rights or provisions. Our waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of OnePlus.

14.5. Force Majeure – Neither party shall be liable or responsible to the other party, nor be deemed to have defaulted or committed a breach, for any failure or delay in fulfilling or performing any term hereunder (except for your failure to make payments to us when due) when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s reasonable control and not involving any fault or negligence of the impacted party, including, without limitation: (i) acts of God; (ii) flood, fire, earthquake, other natural disasters, or explosion; (iii) war, acts of terrorism, riot, or other civil unrest; (iv) government order, law, or actions; (v) embargoes or blockades in effect on or after the effective date hereof; (vi) strikes, labor stoppages or slowdowns, or other industrial disturbances; (vii) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (viii) other similar events beyond the reasonable control of the impacted party.

14.6. Governing Law –To the fullest extent permitted by applicable law, all matters arising out of or relating to these Term of Sale are governed by and construed in accordance with the domestic laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision or rule (whether of the Province of Ontario or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the Province of Ontario. For Québec consumers, all matters arising out of or relating to these Terms of Sale, or any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), are governed by and construed in accordance with the laws of the Province of Québec and the federal laws of Canada applicable therein.

NOT APPLICABLE TO QUéBEC CONSUMERS: These Terms of Sale shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

14.7. Captions, Pronouns and Interpretation – The captions of sections of these Terms of Sale are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify, or aid in the interpretation, construction, or meaning of these Terms of Sale. Any pronouns or references used herein shall be deemed to include the masculine, feminine, nonbinary, or neutral genders as appropriate. Any expression in the singular or the plural shall, if appropriate in the context, include both the singular and the plural. These Terms of Sale shall be construed according to the fair meaning of their language and (to the extent legally permissible) the rule of construction, to the effect that ambiguities are to be resolved against the drafting party, will not be employed in interpreting these Terms of Sale.

14.8. Entire Agreement – These Terms of Sale will be deemed the final and integrated agreement between you and us on the matters contained herein.

15. Changes

15.1. We reserve the right to update these Terms of Sale without prior notification at any time, in our sole discretion, by updating our website accordingly. Each updated version of these Terms of Sale, at the tail end thereof, will reference the date it was last updated.

15.2. Subject to Section 15.3 below, you will be bound by the version of these Terms of Sale in force at the time of purchase. You are responsible for reviewing the latest version of these Terms of Sale each time you order a Product or service from this website.

15.3. In any event, OnePlus may amend the Terms of Sale to which you are subject if (i) we are required to make such changes under applicable law or regulations; and/or (ii) we notify you of the change to these Terms of Sale before we accept your order.

16. Notices

16.1. We may provide any notice to you under these Terms of Sale by: (i) sending a message to the email or postal address you provide to us when placing an order, or (ii) by updating this website. Notices sent by email will be effective twenty-four (24) hours after the e-mail is sent and notices we provide by posting to our website will be effective immediately upon posting. It is your responsibility to keep your email address current with us. Notices sent to your postal address will be effective three (3) business days after the date of posting.

16.2. To give us notice under these Terms of Sale, you must contact us by email at our email address indicated in Section 17 (‘Contact Us’). Notices will be effective twenty-four (24) hours after the email is sent. We may update our email address for notices to us by posting a notice on this website.

16.3. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

17. Contact Us

Please email or otherwise contact us by clicking the ‘Contact Us’ link below. You will then be given the option to click on an ‘Email us’ link or a ‘Chat with us’ link, or to simply call us at +1 (833) 777-3633, if you have any questions about these Terms of Sale.

This document was last updated on September 12, 2024