CMF Phone 2 Pro

Pre-Order Terms and Conditions

Last Updated: 23 April 2025

Thank you for your interest in pre-ordering the CMF Phone 2 Pro (“Product”) from Nothing Technology Limited (“Nothing”). Please carefully review the following terms and conditions before placing your pre-order. By submitting a pre-order, you agree to these terms.

1. Pre-Order Eligibility

1. You must be at least 18 years old or have legal parental/guardian consent to place a pre-order.

2. By placing a pre-order, you confirm that all information you provide is accurate and complete.

2. Payment and Pricing

1. The preorder pricing for Nothing CMF Phone 2 Pro is as follows: RRP $449 with 8+128 GB, RRP $509 with 8+128 GB. Actual pricing may vary depending on RAM/Storage configuration. 

2. Prices are subject to change. However, if the price of the product decreases before shipping, we will honour the lower price for your order.

3. Additional Fees. Taxes, shipping, and handling fees (if applicable) will be calculated at checkout. Nothing is not responsible for any transaction fees, including foreign currency conversion fees, that may be charged by your bank.

3. Terms of Offer.

1. Pre-Order Dates: 28 April – 5 May.

2. Gift. The pre-orders of the CMF Phone 2 Pro, in any colour and RAM/storage variant within the range, will receive a free pair of CMF Phone 1 Lanyard (RRP $39). One gift per phone. Please note that CMF Phone 1 Lanyard is also suitable for CMF Phone 2 Pro.

3. Other Promotions. The pre-order promotion may be used with the following additional Nothing promotional discounts, subject to terms and conditions:

1. Student discounts through UniDays, may be applied subject to eligibility verification

2. When purchasing the CMF Phone 2 Pro, you may add eligible Nothing Audio, CMF Audio and Wearable to your order and receive a 10% discount on those Audio and Wearable products. (Please note: The phone itself is not eligible for such a discount.)

3. 40% discount on qualifying Nothing accessories when buying the CMF Phone 2 Pro (Please note: The phone itself is not eligible for such a discount.)

This offer cannot be combined with any other promotions not listed above.

4. Limited Quantities. The promotion is valid for the first 1000 eligible pre-order purchases on Nothing.tech. PROMOTIONAL GIFT AVAILABLE IN LIMITED QUANTITIES. OFFER SUBJECT TO AVAILABILITY AND PROVIDED ON A FIRST-COME, FIRST-SERVED BASIS TO ELIGIBLE PARTICIPANTS.

5. Modifications. The above offer, along with any combined offer, is subject to availability and may be modified, suspended or withdrawn at any time.

4. Estimated Shipping and Delivery

1. Shipping. 

1. Orders will be available for delivery starting from 8 May 2025.

2. 3-5 day free standard postage

2. Shipping Disclaimer. Nothing will notify you of any significant delays. Shipping times may vary based on your location and chosen shipping method. Shipping is handled by third-party providers and Nothing shall have no responsibility for delays. Please contact us regarding any delivery issues.

5. Cancellation and Refund Policy

1. Cancellation Before Shipment. You may cancel your pre-order for a full refund before the product ships by contacting us. 

2. Cancellation After Shipment. Once the item has shipped, Nothing’s standard return policy applies.

3. Full Order Return. Pre-order packages are sold as a bundle. If you return your Nothing CMF Phone 2 Pro, you must also return your free gift(s) —- CMF Phone 1 Lanyard. FAILURE TO RETURN THE CMF Phone 1 Lanyard WILL RESULT IN THE FULL VALUE OF THE CMF Phone 1 Lanyard BEING DISCOUNTED FROM ANY REFUND YOU RECEIVE. YOU ACKNOWLEDGE AND AGREE THAT NOTHING SHALL HAVE NO LIABILITY FOR YOUR FAILURE TO MAKE SUCH A RETURN.

6. Changes

1. Nothing, at its sole discretion, reserves the right to make modifications or improvements to the Product(s) before their release.

2. Nothing, at its sole discretion, reserves the right to modify the dates, adjust the terms of the preorder (including pricing, features, or timelines), or cancel the preorder entirely, in whole or in part, at any time and for any reason. In the event of cancellation, Nothing will refund any amounts you’ve paid in connection with the preorder, unless otherwise agreed in writing.

7. Limitation of Liability

1. Nothing is not responsible for delays caused by external factors such as supply chain issues, customs, or courier delays or any other force majeure event.

2. Liability for any damages related to the pre-order shall not exceed the amount paid by the customer. Nothing, its affiliates and their respective officers, directors, employees and agents shall not be liable for any indirect, consequential, special, or punitive damages on any theory of liability.

8. Contact Information. For any questions or concerns regarding your pre-order, Please contact us. 

9. No Relationship. Notwithstanding anything to the contrary contained in these Pre-Order Terms and Conditions, the relationship between you and Nothing is on a principal-to-principal basis. Nothing in this Agreement creates a partnership, joint venture, association of persons, or employment/agency relationship between the Parties.  You shall not have any right to obligate or bind Nothing, or vice versa, in any manner whatsoever. Nothing contained in this Agreement shall give any rights of any kind to any third parties, whatsoever.

10. Intellectual Property. 

1. All intellectual property rights, including but not limited to copyrights, trademarks, patents, and trade secrets, in and to the Products, services, and related materials provided by Nothing, including any marketing materials, remain the exclusive property of Nothing and/or its licensors.

2. Purchasing or using the product grants you a limited, non-exclusive, non-transferable, and revocable licence to use the product solely for its intended personal or internal business purposes. No ownership or additional rights are transferred or granted to you except as expressly set out herein.

3. You may not copy, modify, distribute, reverse-engineer, or otherwise exploit the product or related materials without Nothing’s prior written consent.

11. Privacy

By placing the Pre-Orde, you acknowledge and agree that your personal data may be collected and processed in accordance with our Privacy Policy available at https://au.nothing.tech/pages/privacy-policy. Please refer to the Privacy Policy to understand how we collect, use, and protect your personal information.

12. Entire Agreement. These Pre-Order Terms and Conditions, together with any and all exhibits, annexures, and schedules, or amendments made by Nothing in writing, constitutes the entire understanding and agreement in relation to the subject matter hereof and supersedes all other agreements, understandings and representations made by either Party, prior to execution of this Agreement, whether verbal or written. 

13. Severability. Each term and provision of these Pre-Order Terms and Conditions 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.

14. Export Control. Nothing’s products may be subject to export control laws. You shall comply with all applicable export control laws and regulations and not export or re-export any Nothing products in contravention of such laws and regulations. You represent and warrant that you are not subject to any sanctions or blacklists.

15. Governing Law. These Pre-Order Terms and Conditions are governed by the laws of England and Wales, without regard to conflict of law provisions. The courts of London shall have exclusive jurisdiction.

16. Third-Party Rights. A person who is not a party to this Agreement shall not have any rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999.