1. General

a. These Terms of Sale set out the terms and conditions on which we supply Products to you.

b. References in these Terms of Sale to “you”; “your”; or the “customer” shall mean the person purchasing the Products.

c. References in these Terms of Sale to “we”; “our”; “us”; “seller” or “OnePlus” shall mean ONEPLUS USA Corp., trading as ‘OnePlus’ and registered in the State of Nevada and having its registered office at 1810 E Sahara Ave., Suite 215, Las Vegas, NV 89104 USA and principal place of business at Suite 300, Building 5, Riverside Commons, 5000 Riverside Drive, Irving, Texas 75039 USA.

d. Reference to “Products” in these Terms of Sale shall mean mobile handsets and accessories made available for sale by OnePlus on our website.

e. When we use the words “writing” or “written” in these Terms of Sale, this includes emails.

f. Please read these Terms of Sales carefully before you submit any order to us. These Terms of Sales tell you who we are, how we will provide Products to you, how the contract may be changed or terminated, what to do if there is a problem and other important information.

g. Please contact us using the details set out in section 20 (Contact Us) if you would like further information or if you think that there is a mistake in these Terms of Sales.

2. Our Products

a. The images of the Products on our website are for illustrative purposes only. Although we have made every effort to ensure the accuracy of Product images on our website, your Product may vary slightly from those images (e.g., by color).

3. Risk And Title

a. The images of the Products on our website are for illustrative purposes only. Although we have made every effort to ensure the accuracy of Product images on our website, your Product may vary slightly from those images (e.g., by color).

4. Contract For The Purchase Of Product(S)

a. By placing an order using the online check out process on our website, you are making an offer to us to buy the selected Product(s).

b. Your offer to purchase Products will be considered by us and will be accepted at the earlier of (i) you receiving an “Order Confirmation Email” or (ii) delivery of the Product(s). The contract will not be accepted until this point.

c. We may refuse to accept your order where:
      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; and/or
      vi.    There is reasonable suspicion of fraud.

d. If this is the case, OnePlus will cancel your order, notify you of the cancellation, and refund the money you have paid toward the order in a timely manner.

e. Unless provided for otherwise under applicable law, refund of money you have paid towards an order will be the extent of OnePlus’ liability for any cancelled order.

5. Payments

a. Prices and currencies displayed at checkout are final. 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.

b. 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 fees incurred.

c. 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.

d. Payments on oneplus.com are handled by third party payment partners and transmitted using the Secure Sockets Layer protocol (SSL) 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 partner’s servers.

6. Cancellations

a. OnePlus makes every effort to supply the Products listed in your Order Confirmation. 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; or
      iii.   a third party notifies OnePlus that cancellation is necessary; or
      iv.    we have a reasonable suspicion of fraud.

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

c. If this is the case, OnePlus will cancel your order, notify you of the cancellation, and timely refund the money you have paid toward the Order.

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

7. Warranty Policy

a. OnePlus phones purchased on oneplus.com come with twelve (l2) months limited warranty, in compliance with US consumer laws, starting from the date of delivery.

b. Unless otherwise specified, this warranty covers the hardware components of the Product as originally supplied and does not cover, or partially covers software, consumable items, or accessories even if packaged or sold together with the Product. This warranty is only redeemable within your original country or region of purchase.

c. The limited warranty only covers product defects caused by workmanship or build materials. To make a claim, present your original Proof of Purchase (invoice), model and serial number of the product, and photo evidence of the product’s defects to OnePlus Customer Service at Support.

d. Any repair and replacement service covered by the warranty policy, along with shipping and handling, will be free within the twelve (l2) months period.

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

f. Please note that we offer after sales assistance only in the areas where we make shipments (this includes repairs and/or replacements/returns). OnePlus accept no liability for order placed outside of official sales regions.

g. The limited warranty does not cover:

      i.   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; unusual physical, electrical or electromechanical stress.
      ii.   Scratches, dents and cosmetic damage, unless caused by OnePlus.
      iii.    Defects or damage resulting from excessive force or use of metallic objects on the touch screen.
      iv.    Devices that have the serial number or the IMEI numbers removed, defaced, damaged, altered or made illegible.
      v.    Ordinary wear and tear.rdinary wear and tear.
      iv.    Defects or damage resulting from the use of the product in conjunction with accessories, products, or ancillary/peripheral equipment not furnished or approved by OnePlus.
       vii.    Any physical feature defects or damage resulting from improper testing, operation, maintenance, installation, service, or adjustment not furnished or approved by OnePlus.
      viii.    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.
       ix.    Defects or damage resulting from cellular signal reception or transmission, or viruses and other software problems introduced into the product.
      x.    Products not purchased from oneplus.com or authorized resellers (we recommend that you contact the point of sale for support).
      xi.    Products purchased outside of officially supported OnePlus countries or regions.

h. Repair(s) conducted by unofficial repair centers.

8. Return and Replacement Policy

a. OnePlus phones and accessories are made to the highest standards and undergo rigorous testing. If you are not satisfied with your OnePlus product for any reason, you may request a return within fifteen (15) calendar days of delivery. Once we have approved your request, we receive your product, and such a product passes inspection, we will give you a full refund in accordance with the price you paid for the product. We are not able to refund any express shipping fees paid.

b. Hardware purchased directly from OnePlus is covered by a Limited Warranty on workmanship and materials, commencing from the date of delivery and for the duration of:

c. In accordance with relevant consumer law, any goods that are not (1) of satisfactory quality; (2) fit for their given purpose; or (3) as described, may be returned free of charge within 15 days of delivery. Please submit a ticket describing the problem with your device. In order to be eligible for a refund, you must contact us within 15 days and describe in detail how the goods were defective, damaged, or materially different.

d. 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.
      ii.    Price fluctuations being the sole reason for return.
      iii.    Customized customer contracts.

e. In all cases, we will inspect the product(s) and verify any fault. To qualify for a replacement or refund, devices 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.

f. Please contact OnePlus customer service to request a return at Support. Without a verified customer return request, the returned package will be declined. Return requests cannot be cancelled once they have reached “shipped” status.

g. Once you’ve contacted OnePlus customer service and requested a return:
       i.    You will receive and be required to submit a Return Merchandise Authorization (RMA) form. Print out the RMA form and place it inside of the shipping package you're returning.
      ii.    all items from your original shipment including devices, accessories, and documentation. Do not send additional add-ons such as your SIM card, cases, screen protectors, or headphones. If such items are shipped to us by mistake, we are not able to return them.       
      iii.     Before returning any unit for service, be sure to back up your data. You are responsible for the personal information stored in your phone - 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 or serviced device.
      iv.    During service, data stored on the device may be deleted and reformatted. OnePlus is not and shall not be held responsible for the loss of any software programs, data or other information contained on or accessible through the product. Recovery and reinstallation of third-party software programs, data and information are not covered under warranty.

9. Shipping Policy

a. Dispatch: Orders are shipped within two (2) business days of payment. Orders made during promotional periods and special events, may have longer shipping times, at the discretion of OnePlus. In such cases, customers will be separately informed in advance.

b. Inspection:All goods are inspected and sealed before delivery to avoid damage.

c. Status Updates: OnePlus will keep you updated on your order status via email. Orders cannot be cancelled once they have reached “Pushed” status.

d. Shipping Time Calculation: How is shipping calculated?
      i.    Shipping is calculated based on shipping address and shipping method.
The following options can be selected during checkout:
           1. Standard Shipping (2 business days processing time + 3-7 business days)
           2. Priority Shipping (2 business days processing time + 1-3 business days)

e. Disclaimer:
      i.   Please note that all delivery dates are estimates only. Additional charges will be necessary for shipping addresses in remote locations. We are unable to ship to PO Box and Military addresses.
      ii.    Using forwarding company address is not recommended as tracking information will be beyond our system monitoring.
      iii.   Please note that guaranteed three-day shipping will not be available in the following circumstances:
              1. customer schedules delivery at a fixed time;
              2. customer provides incomplete or incorrect address information;
              3. customer is not home or available at the time of delivery;
              4. customer requests self-pickup at a post office; and
              5. extreme weather conditions or other force majeure events.
      iv.    For the avoidance of doubt, “unofficial” means not purchased through oneplus.com or from an authorized OnePlus partner.

10. Returns

a.To return an item, please submit a ticket at Support.

11. Force Majeure and Limitation of Liability

a. Neither party will be responsible for any delay or failure to comply with these terms if the delay or failure arises from any cause beyond their reasonable control (wars, natural disasters, extreme weather conditions, etc.).

b. 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; or other losses or damages attributable in full or in part to third parties.

12. No Waiver

We retain the right to take action at any time in the event of failure to comply with these terms.

13. Intellectual Property

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

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

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

d. For questions regarding OnePlus’s Intellectual Property Policy, please see HERE

14. Personal Data

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

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

c. 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 this Agreement.

d. 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.

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

15. Disclaimer

a. EXCEPT AS EXPRESSLY PROVIDED ELSEWHERE IN THESE TERMS OF SALE OR AS REQUIRED UNDER APPLICABLE LAW, ONEPLUS PROVIDES ITS GOODS AND SERVICES ON AN “AS IS” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. ONEPLUS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES - EXPRESS, IMPLIED, OR OTHERWISE - INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ABSENCE OF HIDDEN DEFECTS.

16. Limitation of Liability

a. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT FOR PAYMENTS EXPLICITLY OUTLINED IN THIS AGREEMENT, EITHER PARTY’S MAXIMUM AGGREGATE LIABILITY UNDER, ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAID FOR A PARTICULAR PRODUCT OR SERVICE.

b. Except for OnePlus’s warranty obligations and cases of death or serious bodily harm, fraud or fraudulent misrepresentation, or any other damage that cannot be excluded under applicable law, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR LOSS OF PROFITS, REVENUES, OR INCOME, LOSS OF USE, LOSS OF DATA , COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR INDIRECT, SPECIAL, ECONOMIC, PUNITIVE, INCIDENTAL, COVER, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, WHETHER OR NOT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

17. Void Where Prohibited

a. These Terms are void where prohibited:

      i.    If any provision or part-provision of these Terms 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.
      ii.    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 clause shall not affect the validity and enforceability of the rest of these Terms.

18. Export Control

a. The Products may be subject to export controls. You shall comply with applicable export control laws of the United States, the European Union and its member States, the United Nations Organization 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.

b. You shall under no circumstances sell, offer for sale, ship to, transship to, or otherwise make the products available, directly or indirectly, in any region subject to U.S. sanctions or export restrictions or export, directly or indirectly, to any regions requiring an export license without first obtaining such license or other required governmental approval.

19. Miscellaneous

a. Severability. Each term and provision of these Terms of Sale shall be valid and enforceable to the fullest extent permitted by law and any invalid, illegal or unenforceable term or provision shall be deemed 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 term or provision.

b. Inurement. These Terms of Sale will inure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.

c. Assignment. You may not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client. However, we may transfer our rights and obligations under this Agreement to another organization.

d. No Waiver. The waiver by either party of a breach, default, delay or omission of any of the provisions of these Terms of Sale by the other party will not be construed as a waiver of any subsequent breach of the same or other provisions

e. Force Majeure. Either 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, 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”).

f. Dispute Resolution. These Terms of Sale shall be governed by the laws of the State of Texas, without regard to applicable conflict of law provisions. Any claims (other than those which may be submitted to small claims court, if applicable) shall be resolved through binding arbitration. The Federal Arbitration Act and federal arbitration law shall apply.

g. Rights of Third Parties. A person or entity who is not party to them Terms of Sale shall not have any rights under or in connection with them.

20. Changes

We reserve the right to update this document at any time without prior notification.

a.We reserve the right to update these Terms of Sale at any time without prior notification by updating our website accordingly.

b. Subject to Section 17(c) below, you will be bound by the version of the Terms of Sale in force at the time you enter into a contract.

c. OnePlus may be required to amend the Terms of Sale to which you are subject for the following reasons:
      i.   where we are required to make such changes under applicable law or regulations; and/or
      ii.   where we notify you of the change to these Terms of Sale before we accept your order and you do not inform us that you do not accept these terms.

20. Notices

Formal notices given by you to us by emailing at our email address set out in Section 22 (Contact Us). 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 website. Notice will be deemed received and properly served immediately when posted on our website, twenty-four (24) hours after an e-mail is sent, or three (3) days after the date of posting of any letter. 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 e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

21. Contact Us

Please contact us using the details set out below if you have any questions about these Terms of Sale.

This document was last updated on 18 Sept. 2020