Payments & Refunds
7.1 A customer shall be entitled to a refund only if a pre-payment was made at the time of placing an order on the Platform, and it turns out that:-:
(a) The order as packaged has been tampered or damaged at the time of delivery; and such damage has been brought to the attention of the delivery vendor or Hytel Phones, and a screenshot of the damage or tampering taken and submitted along with a compliant form online, as reason for rejection of delivery, rather than acknowledging acceptance of delivery.
(b) The user cancels the order due to: (i) Failure to contact the customer by phone or email at the time of confirming the order booking; or (ii) Where the customer cancels the order at the time of confirmation due to unavailability of the items ordered for at the time of booking.
(c) The decision on refunds shall be at the sole discretion of Hytel Phones, and each case shall be treated on its merits. All refund amounts shall be credited to a customer’s account within 3-4 business days in accordance with the terms that may be stipulated by the bank which has issued the credit/debit card
7.2 In case of payment at the time of delivery, the user shall not be required to pay for:
a) Orders where the packaging has been tampered with or damaged;
b) Wrong order being delivered; or
c) Items missing from order at the time of delivery.
Other Terms and Conditions
i. Hytel Phones Regulatory Compliance: That Hytel Phones is responsible for the quality of digital items supplied, and its warranty
ii. Assignment: Hytel Phones may assign its right obligations under these terms and conditions to any of its affiliates or any third party at any time.
iii. Indemnity: Hytel Phones and customers agree to indemnify, and hold harmless, Hytel Phones from and against any third-party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs, and expenses (including reasonable legal fees) suffered or reasonably incurred as a result of user’s violation of any rights of third party, injury or bodily harm caused to anyone as a result of the use of this service, breach of terms and conditions. Hytel Phones retain the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against Hytel Phones. Hytel Phones reserve the right, at user’s expense, to assume the exclusive defense and control of any matter for which user is required to indemnify Hytel Phones and the user agree to cooperate with Hytel Phone’s defense of these claims. Hytel Phones will use reasonable efforts to notify the user of any such claim, action or proceeding upon becoming aware of it.
iv. Hytel Phones may terminate user’s use of its web services and deny access to the Platform in Hytel Phones sole discretion, for any reason or no reason, including user’s: (i) violation of terms and conditions of this Agreement (ii) lack of use of the services, (iii) or using the platform to perpetuate fraud or illegal purpose. It is hereby agreed any termination of user’s access to the services may be effected without prior notice, and it is acknowledged and agreed that Hytel Phones may immediately deactivate or delete the account and all related information and/or bar any further access of user to the account. Further, the user must agree that Hytel Phones shall not be liable to the user or any third party for the discontinuation or termination of user’s access to Hytel Phones.
v. Addendum: Hytel Phones is at liberty to vary or amend or change or update the terms and conditions, from time to time. The user shall be responsible for checking the terms and conditions from time to time and ensure continued compliance with the said terms and conditions. User’s usage of the platform shall be deemed as express acceptance to such amended/changed terms and the user agrees to be bound by such changed/amended Terms and Conditions. The User may be required to install certain upgrades or updates to the software in order to continue access or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by Hytel Phones under the term and conditions shall be considered part of the Services.
vi. Waiver: No failure to exercise or any delay in exercising, on the part of either Party of any right or remedy under this Agreement shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.
vii. Severability: If any provisions or part-provisions of this Agreement is or becomes invalid, illegal or unenforceable, it 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 or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this Agreement.
viii. Governing Law: This Agreement and any dispute or claim arising out of or in connection with it, shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria. The courts of the Federal Republic of Nigeria shall have jurisdiction to settle any dispute arising out of or in connection with Agreement (including a dispute regarding the existence, validity or termination).