1. General

1.1 What these terms cover. These Terms of Sale set out the terms and conditions on which we supply Products to you.

1.2 Why you should read them. Please read these Terms of Sale carefully before you submit your order to us. These Terms of Sale tell you who we are, how we will provide Products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. 

1.3 Who we are. We are GameGeek Limited, a company registered in Hong Kong. Our Business Registration Number is 68776918 and our registered address is at Flat E, 23/F Golden Sun CTR, 59-67 Bonham Strand West, Hong Kong.  GameGeek Limited is a distributor of Nothing Technology Company Limited, a company incorporated in Hong Kong (“Nothing”).

1.4 References in these Terms of Sale to: (1) “we”, “our”, “us”, “seller” or “GameGeek” shall mean GameGeek Limited; (2) “Products” shall mean mobile handsets and accessories made available for sale by us on the website https://au.nothing.tech/; and (3) “you”, “your” or the “customer” shall mean the person purchasing the Products.

1.5 How to contact us. You can contact us by using the details set out in the Contact Support section of the website at https://au.nothing.tech if you would like further information or if you think that there is a mistake in these Terms of Sale.

1.6 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

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

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 website, you are making an offer to us to buy 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) delivery of the Product(s). The order will not be accepted until this point.

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). This might be because:

(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 authorisation 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.

2.4 If this is the case, GameGeek 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.

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 GameGeek’s liability for any cancelled 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 website at checkout, except where obviously incorrect.

3.2 Charges and transaction fees. Product prices exclude shipping charges (further details about shipping charges can be found on our website) and any transaction fees (for which we are not responsible).

3.3 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 website.

3.4 Electronic processing. The personal information you provide when making a purchase will be processed electronically by GameGeek for the payment of the order and for anti-fraud control.

3.5 Third-party payment partners and encryption. Payments on www.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 GameGeek 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.

4. Our Products

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

4.2 Product packaging may vary. The packaging of the Product may vary from that shown in images on our website.

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 delivered to the address you have specified or the point at which you collect the Product(s). 

5.2 When you own the Product(s). You will own the Product(s) once we have received payment in full.

6. Warranty Policy

6.1 Limited Warranty. Nothing Products specified in section 6.8 below that were purchased on www.nothing.tech are covered by Nothing’s limited warranty which starts from the date of delivery (the “Limited Warranty”).

6.2 Product Defects. The Limited Warranty covers the hardware components of our Product(s) as originally supplied and Product 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 region of purchase.

6.4 Warranty Claims. To make a claim, please provide your original proof of purchase (invoice(s)), Product(s) model and serial number of the Product, and photo evidence of the Product’s defects to Nothing Customer Service as set out in the Contact Support section of our website https://au.nothing.tech.

6.5 Repairs and replacement. Any repair and replacement service 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. GameGeek may use rebuilt, reconditioned or new parts and components when repairing any Product(s). Alternatively, we may replace the defective Product(s) entirely with a rebuilt, reconditioned or new Nothing Product(s).

6.7 After sales assistance. Please note that we only offer after sales assistance in the areas where we make shipments (this includes repairs and/or replacements/returns). GameGeek 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 in respect of each of our Products below. The Products covered by the Limited warranty are:

Item	Limited Warranty Period
Headphones and other Electronic Devices	Twenty-Four (24) month

 

6.9 Statutory rights. The Limited Warranty does not affect your statutory rights under applicable law.

7. Limited Warranty Exclusions

7.1 What is not covered under the Limited Warranty. 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 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 nothing.tech or authorised 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 centres.

7.2 “Unofficial” means not purchased through nothing.tech or from an authorised Nothing partner.

8. Our Cancellation Rights

8.1 Cancellations. GameGeek makes every effort to supply the Products listed in your order confirmation. However, we will need to cancel your order where:

(a) we are legally required to do so;

(b) have reason to suspect fraud; and/or

(c) 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 where 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 following circumstances.

9.2 Faulty Product or incorrect description. We are under a legal duty to supply Products that are fit for their given purpose, are of satisfactory quality and are as described. You may cancel your order or get your Product repaired or replaced 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 with its description or is faulty.

9.3 Our actions or proposed actions. You can return a Product to us or cancel your contract with us for any of the reasons set out below:

(a) we have told you about an upcoming change to the version of the Terms that apply to you which you do not agree to (see section 18 (Changes) for more information on this); and

(b) you have a legal right to end the contract because of something we have done wrong.

9.4 Changing your mind. You have a right to return your Product(s) within thirty (30) days after the day you receive the Product(s). You can return Products within this time period for any reason. The Product(s) should be kept in reasonable condition and, if possible, should be returned in the original packaging. We reserve the right to make deductions (for example, for any loss of value in the product that you are responsible for). You will also have to pay the costs of return of any goods. You can cancel your contract or return your Product(s) by contacting us using the details set out in the Contact Support section of our website https://au.nothing.tech. You have a statutory right to change your mind within fourteen (14) days from delivery of the Product(s). The rights described in this section are in addition to this and do not affect your statutory rights under applicable law.

9.5 Please see section 10 (Returns and Replacement Policy for Defective Product(s)) for further information on these rights 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 where you have 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 where you have changed your mind can be found in section 9.4.

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 website https://au.nothing.tech describing the problem with your Product and why you consider it to be defective, damaged, or materially different. 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; and/or

(b) where you purchase a customised Product, unless there is a defect with the customised Product.

10.5 In all cases, we will inspect the Product(s) and verify any fault.

10.6 To qualify for a replacement or refund, devices must be undamaged, be in an otherwise ‘as new’ condition and, if possible, with the original packaging. We reserve the right to refuse a refund if the Product returned is reasonably deemed to have been damaged.

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 website https://au.nothing.tech and we will either repair or replace the Product and we will either repair or replace the product.

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. Orders made during promotional periods and special events, may have longer shipping times, at the discretion of GameGeek. In such cases, customers will be separately informed in advance.

11.2 A list of sales regions that we deliver Products can be found here.  

11.3 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.

11.4 Inspection. All Products are inspected and sealed before delivery to avoid damage.

11.5 Status Updates. GameGeek will keep you updated on your order status via email. Orders cannot be cancelled once they have reached “Shipped” status.

11.6 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)

11.7 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.

11.8 We will contact you with an estimated delivery date or to agree a delivery date.

11.9 We do not recommend that you use the address of any mail forwarding companies when ordering Products for delivery, as GameGeek will not be able to track logistics once the Products arrive at the forwarding company.

11.10 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 end 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 control (for example, extreme weather conditions, stock shortages, 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 minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event. You may contact us about ending your contract or receiving a refund for any Product(s) which you have not received if there is a substantial delay in you receiving your Product(s).

12. Intellectual Property

12.1 None of these terms shall be construed as granting a licence to any trademarks, copyrights, patents, design patents, mask works, trade dress, or any other forms of intellectual property of either Nothing, its subsidiaries and affiliates or its or their licensors. Nothing expressly reserves all rights.

13. Our Website

13.1 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.

13.2 Our website is provided on an ‘as is’ and ‘as available’ basis and we make no representations (whether express or implied) about our website. For example, we make no warranty that our website will meet your requirements, be available twenty-four (24) hours a day, or that your use will be uninterrupted, or error, bug or virus free.

14. Personal Data

We will only use your personal information as set out in the Privacy Policy which can be found here. 

15. Limitation of Liability

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

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

(b) fraud or fraudulent misrepresentation;

(c) any breach of the obligations implied by the Consumer Rights Act 2015, section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;

(d) our obligations in respect of defective Products under the Consumer Protection Act 1987; or

(e) any deliberate breaches by us of these Terms of Sale that would entitle you to terminate the contract.

15.2 We are responsible to you for foreseeable loss. Subject to section 15.1 above, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching these Terms of Sale or the contract, or our failing to use reasonable care and skill. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.

15.3 We only supply the Products for domestic and private use and are therefore not liable for business losses (for example, loss of revenue or income; loss of business; loss of profits; loss of business opportunity; and/or business interruption).

16. Transfer of rights and obligations

16.1 We may transfer our rights and obligations under these Terms of Sale to another organisation.

16.2 You may only transfer your rights or your obligations under these Terms of Sale to another person if we agree to this in writing.

17. Changes

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

17.2 Subject to section 17.3 below, you will be bound by the version of the Terms of Sale in force at the time you enter into a contract.

17.3 GameGeek may be required to vary the Terms of Sale to which you are subject for the following reasons:

(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 of Sale before we accept your order and you do not inform us that you do not accept these terms.

18. Miscellaneous

18.1 Severability. Each of the sections of these Terms of Sale operate separately. If any provision or part-provision of these Terms of Sale 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 of Sale.

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

18.3 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 of Sale 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.

18.4 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. 

18.5 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, 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 endeavours to end the Force Majeure Event and/or to find a reasonable workaround.

18.6 Which laws apply to this contract and where you may bring legal proceedings. Contracts for the purchase of Products through our website 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 English law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.  The preceding provision regarding jurisdiction does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside.

18.7 Notices. Formal notices given by you to us by using the details set out in the Contact Support section of our website https://au.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 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.

18.8 We intend to rely on these Terms of Sale and any document expressly referred to in them in relation to the subject matter of the contract. Although we agree that we are responsible for statements and representations made by our duly authorised representatives, please make sure you ask for any changes to these Terms of Sale to be confirmed in writing

This document was last updated on 27 July 2021.

EAR(STICK) DISCOUNT OFFER TERMS26 Oct 2022

1. Nothing Technology Limited and its affiliates and distributors (Nothing or we) promote orders for products and services on the nothing.tech website (the Website) from time-to-time.
2. Subject to section 4. below, the earStick discount offer (the Offer) is valid from 10:30:01 GMT on 4 November 2022 and open until 23:59:59 GMT on 30 November 2022 (the Offer Period) and will entitle you to a 10% discount on the price of the Nothing earStick that is ordered in accordance with these terms.
3.  For you to be eligible for the Offer you must place your order for a Nothing earStick on the Website during the Offer Period and:

• validate your ownership of a Nothing ear (1) by entering its serial number; or
• validate your ownership of a Nothing phone (1) by entering its IMEI number; or  
• validate that you are a holder of a Nothing black dot NFT by entering the code that you have received by email.

4. If you place an order for a Nothing earStick via the Website between 15:00:01 GMT on 26 October 2022 and 10:30:00 GMT on 4 November 2022 you will not be able to claim the Offer at the time that you place the order. In such circumstances, provided that you contact the Nothing Customer Support team and validate your ownership of a Nothing ear (1) or Nothing phone (1) or provide the email address associated with your Nothing black dot NFT, the Customer Support team will arrange cashback equal to 10% of the price you paid for the Nothing earStick product.
5. The serial number for each Nothing ear (1) device, or IMEI number for each Nothing phone (1) device, or email code received in relation to a Nothing black dot NFT, may each only be used once to qualify for the Offer.  For the avoidance of doubt, the Offer is not available on any website other than nothing.tech.
6. If you attempt to circumvent the terms of the Offer, including by creating multiple accounts, or using the same serial number or IMEI number or black dot email code multiple times, your participation in the Offer will be suspended and/or terminated. Nothing will also revoke any discounts granted where we reasonably believe they were obtained by fraud or otherwise in violation of these terms.
7. You will be disqualified from the Offer if Nothing finds there are reasonable grounds to believe there has been a breach of these promotional terms or the Terms of Sales applicable to your country of residence. Employees of Nothing, its affiliates and distributors, and their immediate families, associated agents, or anyone professionally connected with the promotion are not eligible for any Offer.
8. Nothing does not bear any liability for incomplete orders, order declines, or if there are delays for any reason, including being unable to verify transactions or accounts. 
9. The value of the Offer, duration of the Offer Period, and any eligibility requirements may change from time to time, and this will not constitute an amendment of these terms which requires us to provide you with any notice. 
10. We reserve the right to suspend or withdraw the Offer at any time and to amend these terms on 30 days’ notice.
11. We will not be liable for any loss or claim, whether direct or indirect, which arises from the Offer.
12. Consumers in some countries, states, or territories may have the benefit of certain statutory rights, remedies, localizations, and limitations under consumer legislation in respect of which Nothing’s liability and those of its affiliates, principals or agents cannot lawfully be excluded or limited. Notwithstanding anything to the contrary in these terms, if you are a consumer within the meaning of relevant consumer legislation in your country, state, or territory, the provisions of these terms (including the disclaimers of warranties, limitations and exclusion of liability) must be read subject to applicable law and apply only to the maximum extent permitted by such applicable law. To find out more about rights, you should contact a local consumer advice organization.
13. 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 English law. Any dispute or claim (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales except that if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.  The preceding provision regarding jurisdiction does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside.