Terms and Conditions of OnePlus NA Trade-in Program

1. OnePlus NA Trade-in Program (“Program”) is offered by Da Sheng International Trade Co., Limited, trading as OnePlus (“OnePlus”), a corporation organized under the laws of Hong Kong, having its principal place of business at Office E, 23/F., Maxgrand Plaza, 3 Tai Yau Street, San Po Kong, Kowloon, Hong Kong and is administered and operated by its service provider Phobio, LLC, a Georgia limited liability company, and its related entities and affiliates (“Phobio”).

2. IN THESE TERMS AND CONDITIONS (“T&Cs”), ONEPLUS REFERRED TO AS "WE" AND "US", "OUR". AN ELIGIBLE PARTICIPANT IS REFERRED TO AS "CUSTOMER", "YOU", "YOUR" AND "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 ACCPET THESE T&CS, YOU WILL NOT BE ABLE TO TRADE IN ANY DEVICE WITH US VIA THIS PROGRAM.

3. This Program commences from April 30, 2019 onwards and continues until further notice (“Program Period”). We may from time to time, as provided in Section 38, amend these T&Cs without further notice to you. When you wish to submit any trade-in order in this Program, you are required to read the T&Cs from time to time set out in the Program.

Eligibility

4. We only accept trade-in by any individuals residing in the United States of America and Canada (“Territory”) and holding valid identification document issued by the government of the Territory. If you are under the age of 18 years, you shall have obtained your parent's or guardian's consent before submitting any trade-in order with us in this Program.

5. Subject to these T&Cs, this Program is only available for trade-in of the electronic devices listed out in the Program website (“Device”) in exchange for a cashback (where eligible) and/or discount voucher code(s) issued by OnePlus (“Reimbursement”).

6. If there is any dispute, we reserve the right to make all final decisions relating to the eligibility of any individual and/or electronic devices in this Program.

7. We do not accept any trade-in product which is non-original, altered, counterfeit, pirated or obtained by any unlawful means, theft or other improper methods. We reserve all rights to refuse acceptance of any trade-in product or seek compensation from the relevant participant for any loss caused by breach of these terms and conditions. The Reimbursement will be reversed and we will not return the Device to you in the event that the Device is found to be non-original, altered, counterfeit, pirated or obtained by any unlawful means.

Offer to Trade-in with us

8. You can place a trade-in order in this Program for the trade in of a Device with us in return for Reimbursement at a value to be determined by us. By placing a trade-in order in this Program, you warrant that:

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

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

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

(d) the Device delivered by you to us is original without alternation, is non-counterfeited, or is 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 and declare that you are the rightful owner of the Device free from any third party claims, liens and encumbrances and 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 contained in the Device;

(g) you have read over, 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; and

(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 and an accepted quotation or revised quotation or for any breach of these T&Cs by you.

9. Nothing in this Program constitutes an offer by us to purchase your Device. Submission of a trade-in order in this Program constitutes an offer by you to dispose the Device to us in return for the issuance of Reimbursement value. A binding contract will only be formed upon (a) us accepting your offer by sending you a confirmation email; and (b) issuing of the Reimbursement by OnePlus.

10. We reserve the right to change these T&Cs, the Device Particulars for verification and the value of the Reimbursement listed out in the Program website at any time without prior notice to you.

11. The value of the Reimbursement for the trade-in of your Device will be initially determined based on the Device Particulars submitted by you and will be shown on the website (“Initial Quotation”). If you offer to trade-in the Device with us on the Initial Quotation, you shall proceed and submit accurate personal information such as name, address in the Territory for shipment of the Packaging Kit, collection and/or return of the Device, and your contact phone number and email address to us for communications and confirmation of the trade-in order. The Initial Quotation will be valid for a period of seven (7) calendar days from the date you submitted the trade-in order with you. We reserve our right to vary the Initial Quotation or to cancel the Initial Quotation if you fail to deliver the Device to us within seven (7) calender days.

12. For Devices with the Initial Quotation at the value of zero (0) and your acceptance of the Initial Quotation, no Reimbursement is given in return. However, we will recycle the Device free of charge.

Packing and Delivery of the Device

13. We shall designate a logistic company (“Logistic Partner”) to ship the Packaging Kit, collect and/or return the Device to and from you within the Territory. You will have a complimentary Packaging Kit shipped to you by our Logistic Partner for you to package and return the Device for free.

14. Before you hand over the Device to the Logistic Partner, 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 whatever format including but not limited to SMS, photos, videos, emails, documents and other data from the Device; and

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

15. Once you have submitted the trade in order in the Program Website and received the Packaging Kit from our Logistic Partner, please pack your Device and make it available for pick up by our Logistic Partner within seven (7) calendar days. You are required to make yourself available for our Logistic Partner to collect the Device within seven (7) calendar days of the issue of our Initial Quotation. We reserve our right to vary the Initial Quotation or to cancel the Initial Quotation if you fail to handover the Device to our Logistic Partner for whatever reasons with seven (7) calendar days.

16. 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 to us. We shall not be liable for any loss or damage caused to the Device during the transit due to the improper packaging of the Device. You agree that we shall not be liable to return any other goods and/or accessories such as charger and earphones etc. that are not stated in a trade-in order but delivered to us by you for whatever reason.

Verification & Confirmation of Reimbursement Value

17. We shall have the final and sole right to determine the value of any Reimbursement to be issued for any Device.

18. Once the Device has been delivered to us, we shall verify to confirm if the Device Particulars submitted by you in the trade-in order match with our verification finding. If the Device Particulars match with our findings, we shall send you a confirmation email to confirm receipt of the Device and the value of Reimbursement to be issued for the Device. The Reimbursement will be issued to you within two (2) business days after issuance of the confirmation email.

19. If any of the Device Particulars stated in the trade-in order do not match with our verification finding, we shall adjust the value of the Reimbursement to be issued under the trade-in order and inform you the adjusted value by email or SMS (“Final Quotation”). The Final Quotation will be valid for seven (7) calendar days. You shall, within seven (7) calendar days upon the issue of Final Quotation(a) confirm acceptance of the Final Quotation by email or SMS and Reimbursement will then be issued to you at the value per the Final Quotation within two (2) business days upon your acceptance; or (b) decline the Final Quotation by email or SMS and then we shall return the Device to you to the address stated in the trade-in order within three (3) business days.

20. If you do not reply to us by email or SMS within seven (7) calendar days after we issued Final Quotation, you are deemed to have accepted the Final Quotation for the trade-in order. We shall then issue our Final Quotation confirmation email to you and the Reimbursement per the Final Quotation within two (2) working days.

21. You are reminded to provide an accurate email address, correspondence address, and contact phone number for communication with us. We shall not be held liable for non-delivery of emails or SMS because of spam email, junk filters or phone number blockage and for non-delivery of Device.

22. Title of the Device shall pass to us upon issuance of the confirmation email and the Reimbursement.

23. 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 Logistic Partner to return the Device to you.

24. 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.

25. We take no responsibility for any data loss and/or leakage that maybe 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.

26. The assessment mechanism on the value of Reimbursement to be issued for the trade-in Device will be updated and determined according to the market conditions by OnePlus without prior notice and is subject to the absolute discretion and final decision of OnePlus.

27. Cashback are refunds of a recent OnePlus Store order. Eligibility is determined after assessment of the trade-in Device and subject to fulfillment of the following criteria:

(a) a valid OnePlus order number submitted as part of your trade-in order;

(b) the valid OnePlus order in "Complete" or "Delivered" status;

(c) the valid OnePlus order was placed within the past 5 months from the date of submitting the trade-in order under this Program;

(d) the valid OnePlus order passed the 15-day return period, and

(e) the valid OnePlus order is for the purchase of least one OnePlus 6T (any model).

Defective Device

28. For the purpose of these T&Cs, “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 and damages caused to us arising from any Defective Device received from you.

29. If it comes to our knowledge that you have violated Section 28 after the issuance of the Reimbursement, we reserve the right not to activate or honour the Reimbursement. If we are notified by the relevant government authority or we reasonably suspect that the Device is a Defective Device, you are required 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 it for further investigation and shall have no liability to return the Defective Device to you during the course of investigation.

Use of E-Voucher

30. E-Voucher is valid for six (6) months and redeemable at any OnePlus online store (https://www.oneplus.com) within the Territory. E-Voucher value at checkout may vary depending on store currency.

31. The value of E-Voucher cannot be accumulated. You can only apply one E-Voucher to each purchase. The E-Voucher is not transferable and cannot be redeemed for cash, credit or other gifts.

32. The use of the E-Voucher is subject to the terms and conditions of at the OnePlus Online Store (https://onepl.us/privacy-and-legal). You confirm that you have read and agree to abide by these terms and conditions.

Miscellaneous

33. All product and brand names appeared in this Program are used for identification purposes only. All trademarks or registered trademarks and any related intellectual property are solely owned by the respective owners.

34. These T&Cs constitute the entire agreement between you and us in relation to this Program and superseded all prior communications whether written or oral.

35. Customer may only assign these T&Cs with our prior written consent.

36. Our delay or failure to exercise any right or remedy will not result in a waiver of that or any other right or remedy.

37. We shall not be liable for failure to perform any obligation under these T&Cs to the extent such failure is caused by any event beyond its reasonable control.

38. By participating in this Program, you expressly agree to abide by these T&Cs. We reserve the right in our sole and absolute discretion to disqualify any participant who we reasonably believe that has breached any of these T&Cs. We reserve all rights to seek damages or other compensation from such participant.

39. We shall have the final discretion to decide on all matters concerning this Program which include amendments of these T&Cs as well as variation and/or termination of this Program. In case of any dispute, our decision shall be final.

40. To the maximum extent permitted by law, we shall not be held liable for any indirect, special or consequential loss or damage you may suffer in connection with this Program or any matter that is provided under these T&Cs, and our maximum liability in connection with such matters shall be limited to the sum of [USD$100] per occurrence or the sum of the Initial Quotation per trade-in order, whichever is the higher.

41. You agree to indemnify us from and against all claims bought against us arising from a trade-in order submitted by you or for any breach of these T&Cs by you.

42. Personal information collected by us would be used for administering this Program and would be used only for the purposes as stated above or other directly related purposes. In addition, you expressly agree and permit us to transfer for the purposes of administering and operating the Program the personal information so collected to such third parties authorized by us, including but not limited to our Logistic Partner. Our privacy policy (available at https://onepl.us/privacy-and-legal) will apply to this Program and to all personal information collected in this Program. Before accepting these T&Cs and participating in this Program, you shall read carefully the privacy policy. By accepting these T&Cs, you have also agreed to accept and abide by our privacy policy.

43. If any provision of these T&Cs shall be deemed unlawful, void or unenforceable, then such provision shall be replaced with one that could most closely reflect our intent in the original provision and the remainder of these T&Cs shall continue in full force and effect.

44. These T&Cs shall be governed by and construed in accordance with the federal laws of the laws of Hong Kong without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts of the Hong Kong to resolve any disputes that may arise.

45. In case of any inconsistency between different language versions of these T&Cs, the English version shall prevail.

If you have any questions or concerns regarding the above T&Cs, you may contact OnePlus at https://www.oneplus.com/support.

Last Update on Apr 30, 2019.