TRADE-IN PROGRAM TERMS & CONDITIONS

1. General

1.1 The OnePlus NA Trade-in Program (the “Program”) is offered by OnePlus USA Corp. (“OnePlus”), a Nevada corporation, and is administered and operated by its trade-in partner.

1.2 In these Terms and Conditions (“T&Cs”), OnePlus is referred to as “we”, “us,” or “our.” An eligible participant is referred to as “Customer,” “you,” “your,” or “yourself.” By participating in this Program, you confirm that you have read and understood, and agree to abide by these T&Cs. If you refuse to accept these T&Cs, you will not be able to trade in any eligible device with us via this Program.

2. Eligibility

2.1 We only accept trade-ins from individuals residing in the United States of America or Canada (collectively, the “Territory”). If you are under 18 years old, you must obtain your parent's or guardian's consent before participating in the Program.

2.2 Subject to these T&Cs, the Program permits the trade-in of specified electronic eligible devices listed on the Program's website (each, a “Device”). The Program either provides immediate savings (“Trade-in Instant Credit”) on a new phone purchase or a delayed partial refund on your new order (“Get Paid Later”). The “Trade-in Instant Credit” option may not be available for all products or scenarios. Please refer to the options presented at checkout for the final available options.

2.3 If there is any dispute, we reserve the right to make all final decisions relating to the eligibility of any individual or trade-in Device in this Program.

2.4 We will not accept any trade-in Device which is non-original, altered, counterfeit, pirated, or obtained by any unlawful means, theft, or other improper methods. If we later determine that your trade-in Device is ineligible, we reserve the right to reverse any credits or refunds provided to you, and your ineligible Device will not be returned.

3. Offer to Trade-in with OnePlus

3.1 You can place an order through the Program for the trade-in of an eligible Device with us in return for reimbursement at a value to be determined by us. By placing a trade-in order through the Program, you represent and warrant that:

a) you are accessing the Program in the Territory and will deliver to us and, if applicable, accept the return of the Eligible Device by us at the address specified by you in your trade-in order;

b) you are legally capable of entering into a binding contract with us;

c) the information submitted by you in relation to the Device, including but not limited to the quantity, type, brand, model number, conditions, and functionality (collectively “Device Particulars”) is true and accurate;

d) the Device delivered by you to us is: original without alteration; non-counterfeited; and not obtained by any illegal means or improper methods;

e) you own all rights in and have good title to the Device that you traded in with us, the Device is free from any third-party claims, liens and encumbrances, and you are legally authorized to sell or dispose the Device without any limitations and restrictions;

f) you will either remove all data or authorize us to access and/or remove all data on the Device;

g) you have read, fully understood, and accepted these T&Cs;

h) you release us of any liabilities or claims that may arise if you send the Device to us in breach of these T&Cs;

i) your participation in the Program will not violate any applicable laws in the Territory or elsewhere;

j) you agree to fully indemnify us from and against any third party’s claim against us arising from performing our obligations under this Program or for any breach of these T&Cs by you.

3.2 Title of the Device shall pass to us upon issuance of the confirmation email after the new phone purchase.

3.3 If we cannot access or process the Device for any reason (e.g., password lock has not been deactivated, etc.), we shall promptly write to seek your consent by email or SMS for a solution that may enable us to access or process the Device. If, however, we do not receive any reply from you within seven (7) calendar days of our written request, we shall arrange our trade-in partner to return the device to you.

3.4 We shall in no event take responsibility for any loss, security and protection of data that may be caused during the verification, reconfiguration and/or processing of the Device. You acknowledge that once you have delivered the Device to us, it is impossible for you to retrieve and/or recover any data or contents stored in the Device and or any memory cards or SIM cards inserted in the Device. You agree to release us from all claims, losses, or damages regarding the confidentiality of any data or contents arising from the trade-in order.

3.5 We take no responsibility for any data loss and/or leakage that may be caused during verification, reconfiguration, processing and/or transfer of the device during this Program. You agree to release us from all claims, losses, or damages once we have received the device.

3.6 Nothing in this Program constitutes an offer by us to purchase your Device. Submission of a trade-in order through this Program constitutes an offer by you to deliver the Device to us in return for the issuance of value. A binding contract will only be formed upon (a) our acceptance of your offer by sending you a confirmation email; and (b) our issuance of the Device value and any other trade-in bonus.

3.7 Your Device trade-in value and any bonus will be initially determined based on the Device Particulars submitted by you (the “Initial Quotation”). If you offer to trade-in the Device with us based on the Initial Quotation, you must submit accurate personal information such as your name, address, phone number, and email address to us for communications and confirmation of the trade-in order. The lnitial Quotation will be valid for a period of twenty-one (21) calendar days from the date you received the email of trade-in order successful notification.

3.8 Trade-In Offers with pre-sales devices will be re-valued upon receipt and valuation of device may decrease based on current market values at the time the device is received. As devices age the trade-in value of devices may decrease approximately 2% each week. This value decrease can be attributed to device demand in various marketplaces, device inventory in the marketplace, selling season inventory sell-offs and overall age of the device.

4. Packing and Delivery of the Device

4.1 Once you have submitted the trade-in order through the Program and received the shipping label from our trade-in partner, please pack your device, and drop it off at the nearest staffed shipping carrier within twenty-one (21) calendar days from the date you received the email of trade-in order successful notification. Your trade-in order will be canceled if your device not sent out within 21days on time.

a) If you miss the shipping window, please do not send out your old device as your package will be rejected.

b) If you chose the “Instant Credit” option and did not send out your old device on time, we will automatically charge your payment account for the value of the old device, including any applicable bonus. Consequently, your trade-in order will be canceled.

4.2 Before you hand over the Device to the shipping carrier, it is your responsibility to:

a) remove any SIM and/or data storage card from the Device;

b) erase all personal files and data in all formats, including but not limited to SMS, photos, videos, emails, documents, and other data from the Device;

c) turn off or deactivate any passcode, lock, or equivalent feature of the Device.

4.3 Please ensure that the Device is packed appropriately and properly sealed, and that it contains no harmful objects that will damage the Device during the transit. We shall not be liable for any loss or damage caused to the Device during the transit due to your improper packaging. If you include any other items or accessories when you package the Device for trade-in, we are not responsible for returning those additional items to you.

Final Trade-in Offer Conformation

4.4 We shall have the final and sole right to determine the value of the Device and any bonus to be issued.

4.5 If we determine that your description of the Device is inconsistent with our evaluation of your Device, you will be provided with a revised trade-in value quote. You may elect to either trade your Device in exchange for the revised trade-in value and any bonus, or you may elect for the Device to be returned to you with free shipping. To have the Device returned to you, you must promptly respond to OnePlus's email within 7 days of being contacted.

4.6 If you accept the revised offer, your trade-in order will be processed as follows:

a) If you chose the “Instant Credit” option when purchasing a new OnePlus device, the difference between the initial trade-in value and the updated value will be charged to your payment account.

b) If you chose the “Get Paid Later” option when purchasing a new OnePlus device, the updated value will be refunded to your payment account for the new phone purchase.

4.7 If you do not respond to the revised offer within 7 days, we will presume that:

a) the updated trade-in value option is chosen, and the item will be processed at the revised value. If you chose the “Instant Credit” option when purchasing a new OnePlus device, your Device value and any bonus applied will be charged to the same payment account used for your new phone purchase. - If you chose the “Get Paid Later” option when purchasing a new OnePlus device, any cashback previously promised will be cancelled.

b) if the Device has no trade-in value, OnePlus may recycle it. If we receive a Device deemed a biohazard or hazardous (e.g., containing bodily fluids, swollen lithium battery), we reserve the right not to ship it back and will recycle it instead.

5. Defective Eligible Device

5.1 For these T&Cs, a “Defective Device” shall include any Device which is made or sold under a brand name without the brand owner's authorization; or has been altered without the brand owner's consent; or is stolen or obtained by any unlawful means or improper methods. We do not accept any Defective Device and reserve the right to seek compensation from you for any loss or damage arising from any Defective Device received from you.

5.2 If we discover that your Device is a Defective Device, we reserve the right not to activate or honor the trade-in value or bonus. If we are notified by the relevant government authorities, or reasonably suspect that your Device is a Defective Device, you will be requested to provide proof of ownership of the Device. We reserve the right to report to the relevant government authority and submit the Defective Device to the authority for further investigation. We are not responsible for returning the Defective Device to you during or after the investigation.

6. Miscellaneous

6.1 Severability – Each term and provision of these T&Cs 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 T&Cs.

6.2 Rights of Third Parties – Except as expressly stated herein, these T&Cs do not and are not intended to confer any rights or remedies upon any person or entity other than you and OnePlus.

6.3 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 T&Cs without the prior written consent of OnePlus. Any purported assignment or delegation in violation of this Section 6.3 is null and void. No assignment or delegation relieves you of any of your obligations under these T&Cs. OnePlus, however, may transfer its rights and obligations under these T&Cs to another organization.

6.4 No Waivers – Our failure to enforce any right or provision of these T&Cs 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.

6.5 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 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.

6.6 Governing Law; Judicial Forum; Limitation on Time to File Claims - To the fullest extent permitted by applicable law, all matters arising out of or relating to the Site and these Terms of Use, and 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 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 Use, 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.

6.7 Captions, Pronouns and Interpretation – The captions of sections of these T&Cs 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 T&Cs. 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 T&Cs 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 T&Cs.

6.8 Entire Agreement – Our order confirmation email to you, these T&Cs, our Intellectual Property Policy and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these T&Cs. If you have any questions or concerns regarding the above T&Cs, you may contact OnePlus at https://www.oneplus.com/support.

Last Updated on September 26, 2024.