PRE-ORDER REFUNDABLE DEPOSIT AGREEMENT

Terms and Conditions

1.1 Essentially Nothing Private Limited (ENPL) and its distributors, offer you the ability to place a refundable deposit to pre-order Nothing phone (2) through the Flipkart (Pre-Orders).

1.2 All pre-orders are governed by these terms and conditions (Terms) and by placing a Pre Order you agree to these Terms.

1.3 Pre-orders may only be placed by residents of India. All such pre-orders will be fulfilled on Flipkart’s platform.

1.4 All communication for choosing preferred model of phone (2) including date of availability, will be sent by Flipkart.

1.5 The preferred model of phone (2) on Flipkart will be made available on a first come, first served basis.

1.6 Delivery of phone (2) will be managed by Flipkart and Nothing shall not be responsible for any delay or default in delivery of phone (2). Customers will contact Flipkart for all queries pertaining to delivery related issues.

1.7 For your pre-order refund amount, you should contact Flipkart support.1.8 All offers on accessories are valid till the stocks last.

2. Pre-Order Process

2.1 Placing pre-orders. Pre-orders shall be placed on the Flipkart portal. To place a pre-order the customer is required to pay the refundable deposit of INR. 2000 (“Deposit”). Pre-Orders payments can be done only through online payments. COD option is not available for pre orders.

2.2 Ordering the phone. After you have placed a pre-order, when sales have opened for Nothing phone (2), we will send you an email inviting you to purchase the device on Flipkart. If you purchase a Nothing phone (2) on the Flipkart Website by no later than [20-07-2023], the deposit shall be credited towards the purchase price of phone (2). Nothing may, at its sole discretion, extend the deadline for purchase of the device at any time.

2.3 If you have placed a pre-order but do not purchase or are unable to purchase phone (2) before the deadline mentioned in Section 2.2, your pre-order will immediately lapse and the deposit will be refunded and transferred back to the source of the payment.

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2.4 If you purchase phone (2) in accordance with Section 2.2 but decide to return it in accordance with the applicable Terms of Sale, you will be entitled for a replacement of phone(2).

3. General

3.1 Updating your contact details. In order for Nothing/Flipkart to contact you at the relevant time when you become eligible to purchase phone(2), it is your responsibility to ensure that Nothing and Flipkart has your up-to-date contact details. Nothing accepts no liability if we are unable to contact you at the relevant time.

3.2 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.

3.3 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.

3.4 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.

3.5 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.

3.6 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.

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