1. General

1.1 What these terms cover. These Terms of Sale set out the terms and conditions (the “Terms”) on which WAGMI America Corp., a company incorporated under the laws of Delaware ( “Nothing”, “we”, “us”, “our”) supply Products sold on https://us.nothing.tech/ (herein, the “Site”) to the purchaser (“you”, “your”, “customer”). By placing an order on this Site, you agree to the Terms.  The Terms will govern orders placed on this Site and will constitute a “Contract” between us as the seller and you as the purchaser of Products. Any term or condition on any order or other document submitted by you shall be of no force or effect whatsoever. In particular, acceptance by Nothing of an order sent by you shall not be deemed an acceptance of any conflicting or additional terms and conditions. We specifically reject and object to any different or additional terms and conditions proposed by you, unless those terms and conditions are mutually agreed in writing in accordance with section 17.8 below. “Products” shall mean all the products made available for sale by us on the Site https://us.nothing.tech/.    

• Why you should read them.We invite you to please read these Terms carefully before you submit your order to us. These Terms will tell you who we are, how we provide Products to you, the process to be followed in an unlikely event that Product doesn’t meet your expectations, how you and Nothing may change or end the Contract, and other important information. BY PLACING AN ORDER FOR PRODUCT(S) ON THE SITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS.  YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS SITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH US, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS SITE OR ANY OF THIS SITE'S CONTENTS, PRODUCTS OR SERVICES BY APPLICABLE LAW.
• How to contact us.You can contact us by using the details set out in the Contact Support section of the Site at https://us.nothing.tech if you would like further information or clarification on the Terms or on Products or their usage. 

2. Contract for the Purchase of Product(s)

2.1 How you place an order. By placing an order using the online check-out process on our Site, you are making an offer to us to buy, under these Terms, the selected Product(s).

2.2 How we accept your order. Your offer to purchase Products will be considered by us and will be accepted upon the earlier of: (i) you receiving an “Order Confirmation Email”; or (ii) shipment by us of the Product(s). The order will not be accepted until this point. We may choose not to accept any orders in our sole discretion. 

2.3 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the Product(s). Reasons that we may not to accept your order include, but are not limited to:

(a) the Product is out of stock;

(b) the Product has been discontinued;

(c) there is a price fluctuation or we have identified an error in the price or description of the Product;

(d) we are unable to obtain authorization for your payment, or we do not receive payment;

(e) a credit reference we have obtained for you does not meet our minimum requirements; and/or

(f) we have reason to suspect fraud.

Additional terms regarding our cancellation rights are set forth in section 8 below.

2.4 If we do not accept your order, Nothing will cancel your order, notify you of the cancellation, and refund any money you have paid toward the order for the Product(s) in a timely manner. Nothing is not required to provide you with a reason for the cancellation.

2.5 Unless provided for otherwise under applicable law, a refund of money you have paid towards an order will be the full extent of Nothing’s liability for any canceled order. 2.6  Your order number. For orders that have been accepted, we will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

3. Prices and Payments

3.1 Prices of Products. The prices of the Products will be those displayed on our Site at the time of checkout.  All prices posted on the Site are subject to change without notice. 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.

3.2 Charges and transaction fees. Product prices displayed on the Site exclude taxes, shipping charges (further details about shipping charges can be found on our Site), and any transaction fees (for which we are not responsible). All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart. You will pay all shipping and handling charges specified during the ordering process.

3.3 Receipt of Payment. Terms of payment are within our sole discretion and, payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

3.4 Credit or debit cards. 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. You should contact your bank or card issuer for further information about this before placing any order on our Site.

3.5 Electronic processing. You authorize Nothing to process electronically the personal information you provide when making a purchase for the payment of the order and for anti-fraud control. The said personal information shall be governed by the terms of the Privacy Policy <insert link>

3.6 Third-party payment partners and encryption. Payments on https://us.nothing.tech/ and all related country code domains are handled by third-party payment partners and transmitted using the Secure Sockets Layer protocol (“SSL”) with 2048-bit encryption. Nothing does not store or have access to your payment details. Your credit/debit card information is retained via our third-party payment partners’ servers.

4. Our Products

4.1 Products may vary slightly from their pictures. The images of the Products on our Site are for illustrative purposes only. Although we have made every effort to display the images of the Product on our Site accurately, your Product may vary slightly from those images (for example, color, luster, proportions, texture).

4.2 Product packaging may vary. The packaging of the Product may vary from that shown in images on our Site or in marketing materials.

5. Risk and Title

5.1 When you become responsible for the Product(s). Please note that you will be responsible for the Product(s) from the point at which the Product(s) is/are delivered to the address you have specified or the point at which you collect the Product(s). Title and risk of loss pass to you upon delivery.

6. Warranty Policy

6.1 Limited Warranty. Nothing Warranted Products specified in section 6.8 below that were purchased on https://us.nothing.tech/ are covered by Nothing’s limited warranty, which starts from the date of delivery and continues for the duration of the Limited Warranty Period specified in section 6.8 (the “Limited Warranty”).

6.2 Product Defects. The Limited Warranty covers the hardware components of our Warranted Product(s) as originally supplied and provides for repair or replacement of Warranted Product(s) with defects caused by workmanship or build materials. The Limited Warranty does not cover any of the matters listed in section 7 (Limited Warranty Exclusions).

6.3 Original country. The Limited Warranty is only redeemable within your original country or jurisdiction of purchase.

6.4 Warranty Claims. To make a claim, please provide your original proof of purchase (invoice(s)), Warranted Product(s) model and serial number of the Warranted Product, and photo evidence of the Warranted Product’s defect(s) to Nothing Customer Service as set out in the Contact Support section of our Site,  https://us.nothing.tech. The Limited Warranty extends only to the original purchase of the Warranted Product(s) from the Site. It does not extend to any subsequent or other owner or transferee of the Warranted Product(s).

6.5 Repairs and replacement. Any repair and replacement services covered by the Limited Warranty, along with shipping and handling, will be free within the Limited Warranty period specified below.

6.6 Parts and components. Nothing may use rebuilt, reconditioned or new parts and components when repairing any Warranted Product(s). Alternatively, we may replace the defective Warranted Product(s) entirely with a rebuilt, reconditioned or new Nothing Warranted Product(s), at our sole discretion.

6.7 After-sales assistance. Please note that we only offer after-sales assistance in the jurisdictions where we make shipments (this includes repairs and/or replacements/returns). Nothing accepts no liability for orders placed outside of official sales regions. A list of official sales regions can be found here.

6.8 Warranty Periods.  We have set out the Limited Warranty Periods, which commence on the date of your purchase, in respect of each of our Warranted Products in the table below. The Limited Warranty Periods are not extended by repair or replacement of a Warranted Product. The Products covered by the Limited Warranty are (i) Headphones and other Electronic Devices, (ii) Smartphones and (iii) Adapters and Charging Cables (collectively, the “Warranted Products”).

Item	Limited Warranty Period
Headphones and other Electronic Devices Smartphones Adapters and Charging Cables Phone Cases and Screen Protectors	Twelve (12) months Twelve (12) months Six (6) months No warranty

6.9 Statutory rights. WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THE LIMITED WARRANTY.

SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

The Limited Warranty herein gives you specific legal rights, and you may also have other rights which vary from State to State.

7. Limited Warranty Exclusions

7.1 What is not covered under the Limited Warranty. To the extent permitted by applicable law, the Limited Warranty does not cover:

(a) software, consumable items, and accessories, even if packaged and sold together with Product(s);

(b) defects or damage resulting from accidents, neglect, misuse or abnormal use; defects or damage caused by abnormal conditions or improper storage; exposure to liquid, moisture, dampness, sand or dirt, or unusual physical, electrical or electromechanical stress;

(c) scratches, dents and cosmetic damage, unless caused by Nothing;

(d) defects or damage resulting from excessive force or use of metallic objects on the touch panel;

(e) devices that have the serial number or similar identifier removed, defaced, damaged, altered or made illegible;

(f) ordinary wear and tear;

(g) defects or damage resulting from the use of the Product(s) in conjunction with accessories, products, or ancillary/peripheral equipment that are not furnished or approved by Nothing;

(h) any physical feature defects or damage resulting from improper testing, operation, maintenance, installation, service, or adjustment not furnished or approved by Nothing;

(i) defects or damage resulting from external causes such as collision with an object, fire, flooding, dirt, windstorm, lightning, earthquake, exposure to weather conditions, theft, blown fuse, or improper use of any electrical source;

(j) defects or damage resulting from cellular signal reception or transmission, or viruses and other software problems introduced into the Product(s);

(k) products not purchased from the Site or authorized resellers (we recommend that you contact the point of sale for support);

(l) Products purchased outside of officially supported Nothing countries or regions, a list of which can be found here;

(m) repair(s) conducted by unofficial repair centers or other repair(s) not authorized by Nothing; or

(n) modifications to the Product.

7.2 “Unofficial” means not purchased through https://us.nothing.tech/ or from an authorized Nothing partner.

8. Our Cancellation Rights

8.1 Cancellations. Nothing makes every effort to supply the Products listed in your order confirmation. However, we will need to cancel your order when:

• we are legally required to do so;

• we suspect you are purchasing products for resale; 

• have reason to suspect fraud; and/or

• you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products(s), for example when you provide incorrect or incomplete shipping information or contact details, or you fail to update the information when required.

9. Your Cancellation, Return and Replacement Rights

9.1 When you can exercise your rights. You may be able to cancel your Contract, return a Product purchased from us, or request replacement Product(s) from us in the circumstances listed below.

9.2 Faulty Product or incorrect description. You may cancel your order or request repair or replacement of your Product following the process set out in section 10 (Returns and Replacement Policy for Defective Product(s)) if you think that a Product we have supplied does not conform to its description or is faulty.

9.3 Changing your mind. Except for any Products designated on the Site as non-returnable, you have a right to return your Product(s) within thirty (30) days after the day you receive the Product(s) for a refund of your payment, subject to any applicable costs, deductions or exclusions described herein. You can return Products within this time period for any reason. The Product(s) should be kept in reasonable condition and should be returned in the original packaging. We reserve the right to make deductions (for non-limiting example, for any loss of value in the Product). You will also have to pay the costs of return of any Product(s). We reserve the right to refuse a refund if we determine that the returned Product has been damaged. You can cancel your Contract and return your Product(s) within the thirty (30) day return period referenced above by contacting us using the details set out in the Contact Support section of our Site,  https://us.nothing.tech. The rights described in this section do not affect your statutory rights under applicable law.  WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.

9.4 Please see section 10 (Returns and Replacement Policy for Defective Product(s)) for further information on your rights under sections 9.2  and how to exercise them.

10. Return and Replacement Policy for Defective Product(s)

10.1 This section does not apply to returns under the Limited Warranty or that result from you having changed your mind. Further details on making a claim under the Limited Warranty can be found in sections 6 (Warranty Policy) and 7 (Limited Warranty Exclusions) and further details on returns and cancellations resulting from you having changed your mind can be found in section 9.3.

10.2 If you wish to return a Product or get a replacement Product due to the original Product not being fit for the given purpose, of satisfactory quality, or not as described, please contact us using the details set out in the Contact Support section of our Site,  https://us.nothing.tech/pages/contact-support describing the problem with your Product and why you consider it to be defective, damaged, or materially different than as described. A member of the Nothing customer service team will then contact you about next steps.

10.3 If, after inspection, we consider that a refund is due, we will process such refund as soon as possible and, in any case, within fourteen (14) days of the day you gave us notice to cancel.  

10.4 Please note that we may choose not to accept returns in certain situations, including, without limitation, the following circumstances:

(a) defects or damages caused by misuse, neglect, physical damage, tampering, incorrect adjustment, normal wear and tear or incorrect installation after purchase;

(b) where you purchase a customized Product, unless we determine there is a defect with the customized Product; and/or

(c) damage caused due to factors listed in section 7.1 of the Terms.

10.5 In all cases, we will inspect the Product(s) and we will verify any reported fault, in our sole discretion.

10.6 To qualify for a replacement or refund, devices must be, in our sole discretion, undamaged, in an otherwise ‘as new’ condition and, if possible, in the original packaging. We reserve the right to refuse a refund under section 10 if the Product returned does not meet the requirements of this section 10.6.

10.7 If you contact us within thirty (30) days of delivery about a defective Product, you will have the option to select a repair, a replacement, or a refund. If a fault is found after thirty (30) days from delivery of the Product(s), you should contact us by using the details set out in the Contact Support section of our Site, After-Sales Service – Nothing US. You bear the risk of loss during shipment of all returned Products.

10.8 This Returns and Replacements Policy does not affect your statutory rights under applicable law.

11. Shipping Policy

11.1 Dispatch. Orders are usually shipped within two (2) business days of payment, but shipment times may vary. Orders made during promotional periods and special events, may have longer shipping times, at the discretion of Nothing. In such cases, customers will be separately informed in advance.

11.2 Delivery Address. We will deliver the Product(s) to the delivery address you specify in your order. We will not deliver the Product(s) to your delivery address unless there is someone present to accept and sign for them.

11.3 Status Updates. Nothing will keep you updated on your order status via email. Orders cannot be canceled once they have reached “Shipped” status.

11.4 Shipping Time Calculation. Shipping is calculated based on shipping address and shipping method. The following options can be selected during checkout:

(A) Standard Shipping (two (2) business days processing time + three (3) business days – five (5) business days)

(B) Priority Shipping (two (2) business days processing time + one (1) business day – three (3) business days)

11.5 Please note that all delivery dates and shipment dates are estimates only. Additional charges will be necessary for shipping to addresses in remote locations. We are unable to ship to PO Box and military addresses.

11.6 We do not recommend that you use the address of any mail forwarding companies when ordering Products for delivery, as Nothing will not be able to track logistics once the Products arrive at the forwarding company.

11.7 Please note that the shipping times noted above may not be available in the following circumstances:

(A) if you schedule delivery at a fixed time;

(B) where you provide incomplete or incorrect address information or fail to provide us with information that is necessary to provide you with your Product(s). Please note that we may cancel the Contract if you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information. We will not be responsible for supplying the Product(s) late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it;

(C) you are not at home or available at the time of delivery;

(D) where delays are caused by events that are outside our, or our carriers’, control (for example, extreme weather conditions, stock shortages, lockdowns, or a failure of our communication systems). In these cases, we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this, we will not be liable for delays caused by the event. In such circumstances, you may contact us about cancelling your contract and receiving a refund for any Product(s) which you have not received if there is a substantial delay in you receiving your Product(s).

Products purchased online from this Site will only be shipped to addresses within the U.S. and are subject to U.S. and foreign export control laws and regulations. Products must be purchased, sold, exported, re-exported, transferred, and used in compliance with these export laws and regulations. You agree to comply with all applicable laws and regulations of the various states and of the United States including all Export Regulations, as defined below. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. Products and services purchased from the Site may be controlled for export purposes by export regulations, including but not limited to, the Export Control Reform Act of 2018 (ECRA) (Title XVII, Subtitle B of Pub. L. No. 115-232), the Export Administration Regulations (15 C.F.R. 768-799) for which ECRA is permanent statutory authority, the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, "Export Regulations").

12. Intellectual Property

None of these terms shall be construed as granting a license to any trademarks, copyrights, logos, graphics, computer code, displays, video or audio, patents, design patents, mask works, trade dress, or any other forms of intellectual property of Nothing, its subsidiaries or affiliates or its or their licensors. Nothing expressly reserves all rights. You do not and will not have or acquire any ownership of these intellectual property rights in or to the Products or services made available through this Site, or of any intellectual property rights relating to the Products.

13. Personal Data

We may use your personal information to receive and fulfill orders for, and receive returns of, Products pursuant to these Terms and to communicate with you regarding same.  Otherwise, we will only use your personal information as set out in our Privacy Policy, which can be found here. By placing an order for Product(s) or using this Site, you agree to our Privacy Policy and consent to all actions we take in accordance with our Privacy Policy. Furthermore, you acknowledge and agree that internet transmission of data may not be private or secure and could potentially be intercepted by third parties.

14. Limitation of Liability

14.1 None of these terms shall exclude either party’s liability for anything which cannot be excluded under applicable law, including, for example, liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

(c) our obligations in respect of defective Products under the Limited Warranty; or

(d) any deliberate breaches by us of these Terms that would entitle you to terminate the Contract.

14.2 EXCEPT FOR THE LIMITED WARRANTY FOR PRODUCTS SET FORTH IN SECTIONS 6 AND 7, PRODUCTS AND ALL THIRD-PARTY SOFTWARE AND SERVICES ARE PROVIDED “AS IS”, "WHERE IS" AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND. EXCEPT FOR THE LIMITED WARRANTY FOR PRODUCTS SET FORTH IN SECTIONS 6 AND 7, NOTHING AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OR GUARANTEES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, REGARDING PRODUCTS OR THIRD PARTY SOFTWARE OR SERVICES, AND TO THE EXTENT NOT PROHIBITED BY LAW, SPECIFICALLY DISCLAIM ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. WITHOUT LIMITING THE PREVIOUS DISCLAIMER, NOTHING AND ITS LICENSORS DO NOT REPRESENT, WARRANT OR GUARANTEE THAT PRODUCTS OR THIRD PARTY SOFTWARE OR SERVICES WILL (I) BE COMPATIBLE WITH YOUR HARDWARE OR SOFTWARE, (II) OPERATE IN AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE MANNER, (III) WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS OR ERRORS, INCLUDING BUT NOT LIMITED TO VIRUSES, INTERFERENCES, CORRUPTION OR OTHER SECURITY INSTRUCTIONS, OR (IV) WILL BE SECURE OR IMMUNE (INCLUDING THE CONTENT DELIVERED TO YOU OR THE INFORMATION YOU PROVIDED) FROM HACKING OR OTHER UNAUTHORIZED ACCESS.

14.3 THE REMEDIES DESCRIBED IN SECTION 6 AND 7 ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY HEREIN. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR ANY DEFECTIVE PRODUCT THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE  TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES OR LOST PROFITS, ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, OR REVENUE, ANY DIMINUTION IN VALUE, OR COSTS OF REPLACEMENT GOODS, EVEN IF NOTHING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, NEGLIGENCE, PERSONAL INJURY, PRODUCT LIABILITY, INFRINGEMENT OR ANY OTHER THEORY, REGARDLESS OF WHETHER OR NOT NOTHING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIM YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT NOTHING WOULD BE REQUIRED TO INDEMNIFY SUCH PARTY FOR ANY CLAIM. IN NO EVENT SHALL NOTHING’S AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT EXCEED THE PURCHASE PRICE OF THE APPLICABLE PRODUCT. NOTHING HAS NO LIABILITY FOR ANY OF YOUR DATA THAT IS LOST OR CORRUPTED THROUGH USE OF THE PRODUCTS OR THIRD-PARTY SOFTWARE OR SERVICES; YOU ARE RESPONSIBLE FOR MAINTAINING BACKUPS OF YOUR DATA.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

15. Transfer of rights and obligations

15.1 We may transfer our rights and obligations under these Terms to another organization by assignment, operation of law or otherwise.

15.2 You may only transfer your rights or your obligations under these Terms to another person if we agree to such transfer in writing. Any purported transfer in violation of this section 15.2 is null and void. No transfer relieves you of any of your obligations under these Terms.

16. Changes

16.1 We reserve the right to update these Terms at any time without prior notification by updating our Site accordingly.

16.2 Subject to section 16.3 below, you will be bound by the version of the Terms in force at the time you enter into a Contract.

16.3 From time to time, we may vary the Terms to which you are subject for any reason, including but not limited to:

(A) where we are required to make such changes under applicable law or regulations; and/or

(B) where we notify you of the change to these Terms before we accept your order and you do not inform us that you do not accept these terms.

17. Miscellaneous

17.1 Severability. Each of the sections of these Terms operate separately. If any provision or part-provision of these Terms are held by a court of competent jurisdiction to be invalid, illegal or unenforceable, they 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 part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this section shall not affect the validity and enforceability of the rest of these Terms.

17.2 Inurement. These Terms will be binding on the parties and their respective heirs, executors, administrators and permitted successors and assigns.  

17.3 No Waiver. Even if we delay in enforcing this Contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if you breach these Terms or any contract with us and we delay in taking steps against you, that will not mean that you do not have to do those things, and our previous inaction will not prevent us from taking action against you at a later date.

17.4 Rights of Third Parties. This Contract is between you and us. A person who is not party to the Contract shall not have any rights to enforce any of its terms.

17.5 Force Majeure. Neither Party shall be liable for delay in performing obligations or for failure to perform obligations hereunder if the delay or failure results from: force majeure, an Act of God, or any governmental act, fire, earthquake, explosion, accident, industrial dispute, civil commotion, pandemic, epidemic, lockdown, acts of terrorism or anything beyond the reasonable control of either Party and not involving any fault or negligence of the Party affected (a “Force Majeure Event”). Our performance under the Contract will be considered suspended for the period that the Force Majeure Event continues. You agree to provide us with an extension of time for performing our obligations for the duration of that period. We will use our reasonable endeavors to end the Force Majeure Event and/or to find a reasonable workaround.  In the event a Force Majeure Event continues for more than 30 days, we may without liability or other obligation immediately terminate the Contract upon written notice.

17.6 Which laws apply to this Contract and where you may bring legal proceedings. These Terms, contracts for the purchase of Products through our Site 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 law of the State of Delaware. Except as otherwise required under applicable law, any dispute or claim arising out of or in connection with the Products, these Terns, such contracts or their formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts sitting in the State of Delaware and you hereby submit to the personal jurisdiction thereof and waive any objection to venue therein.  The preceding provisions regarding governing law, jurisdiction and may not apply if your jurisdiction mandates application of local governing law and jurisdiction.

17.7 Notices. Formal notices given by you to us by using the details set out in the Contact Support section of our Site,  https://us.nothing.tech. We may give notice to you at either the e-mail or postal address you provide to us when placing an order or by updating our Site. Notice will be deemed received and properly served twenty-four (24) hours after an email is sent, or three (3) days after the date of posting of any letter or update to our Site. 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 e-mail address of the addressee.

17.8 We intend to rely on these Terms and any document expressly referred to in them in relation to the subject matter of the Contract. No modification to these Terms shall be binding unless in writing and signed by an authorized representative of each party.

18. Entire Agreement.These Terms and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.

 

Published on 12 July, 2023.