Terms and Conditions

This Agreement was last modified on 1 January 2020.

These Terms and Conditions govern the use of the services offered by Hydramarts (“Hydramarts”) on the Hydramarts website (the “Website”). Please read these Terms and Conditions and the Privacy Policy (the “Privacy Policy”) carefully before using Hydramarts services or its website.Your use of Hydramarts services or its website constitutes your acceptance of and agreement to all of the terms and conditions in these Terms and Conditions and the Privacy Policy, and your confirmation that you are either at least eighteen (18) years of age or under the supervision of a parent or legal guardian who is at least eighteen (18) years of age.

Use Of Website

By using the Hydramarts website, you confirm that you are either at least 18 years of age or are using the website under the supervision of a parent or legal guardian who is at least eighteen (18) years of age.

We grant you a non-transferable and revocable license to use the website, under the Terms and Conditions described, for the purpose of shopping for items sold on the website. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted to use the website without notice to you.

Some services and features on the website may require registration or subscription. Should you choose to register or subscribe for such services or features, you agree to provide accurate and current information about yourself and to promptly update such information if there are any changes.

User Account

You are the sole authorized user of any account you create with Hydramarts and are entirely responsible for all activities that occur under such an account.

You are responsible for maintaining the confidentiality of any account name you create as well as any password associated with such account. You agree to immediately notify us of any suspected or actual unauthorized use of your account and/or password.

By providing your contact information such as phone number and email address, you agree to receive information including but not limited to the availability of items in your order, the status of your order, promotions, other information that Hydramarts may deem fit to send you.  At any point, you may request us to discontinue sending you such information.

You must inform us immediately of any changes to the information that you provided when registering by updating your personal details.

If Hydramarts believes that there is likely to be a breach of security or misuse of the Hydramarts website, we may require you to change your password or we may suspend your account.

Within reason, Hydramarts may suspend or cancel your account for a variety of reasons including but not limited to breach of your obligations under these Terms and Conditions.

Hydramarts shall not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with these Terms and Conditions.

User Submissions

The Hydramarts website may allow the submission of various kinds of communication in the form of comments, reviews, photographs, videos, comments, and other communication by users of the website.

All such submissions will be considered non-confidential and will be available for Hydramarts to use as it deems fit in any medium and in any territory globally.

All users of the Hydramarts website hereby agree not to submit material that: (i) is copyrighted, subject to privacy or publicity rights, or otherwise subject to third party proprietary rights unless you are the owner of such rights or have permission from the owner to submit the material; (ii) is unlawful, illegal, obscene, harassing, defamatory, libelous, treasonable, pornographic, hateful, racially, religiously or ethnically offensive or is otherwise inappropriate; (iii) could damage the reputation of Hydramarts or any third party; or (iv) impersonates another person. Hydramarts reserves the right to remove any submission at its discretion and not least if the submission breaches any of the above-listed terms.

Hydramarts does not endorse submissions made on its website and Hydramarts disclaims any liability in connection with any submission. You accept that by accessing Hydramarts website you may be exposed to submissions that may be offensive, inaccurate, or distasteful, and you hereby waive any legal rights or claims you may have against Hydramarts in relation to this.

Website Content And Pricing

While care is taken to ensure the content published by Hydramarts on its website, including but not limited to product images, product names, product descriptions, product functionalities, product uses, product ingredients, and prices, is accurate and complete, errors may occur and you hereby agree that Hydramarts will not be liable in any way for such content.

Though the content may be the same, depending on item version (e.g., books), images on the site may differ slightly from the actual items. Also, prices of items that need to be weighed (e.g., fruits, vegetables, meat) may be guide prices or approximated to enable you to make a buying decision. However, you will only be billed for the actual weight purchased; any difference in guide to actual price will be credited/debited to your Hydramarts wallet as the case may be. The actual price of weighed items will be fully visible to you upon delivery.

In line with this, Hydramarts reserves the right to refuse or cancel any order if the order contains the item(s) that are mispriced or contain incorrect, inaccurate, or incomplete content.

Order Acceptance And Cancellation

Hydramarts reserves the sole right to determine which orders to accept and process as well as the right to cancel any order at its own discretion. However, Hydramarts will ensure that the cancellation of any order is communicated in an appropriate time and manner.

Orders Including Alcoholic Drinks

Alcoholic drinks may only be purchased by individuals who are at least eighteen (18) years of age. By purchasing such products on the Hydramarts website, you confirm that: (i) you are at least eighteen (18) years of age; and (ii) you will provide legitimate and legally recognized identification confirming your age to the driver upon delivery of your order (iii) you accept that failure to provide such identification may result in Hydramarts and its employees or agents refusing to deliver your order (iv) you accept that Hydramarts and its employees or agents reserve the right not to fulfill delivery of your order if there is any doubt that the identification provided by you is illegitimate, fake or falsified in any way.

Third-Party Websites

Hydramarts may provide web links to websites owned or operated by third parties. Hydramarts does not endorse the content or any products or services available on such websites and is not responsible for such content. Your connection to any other websites from the Hydramarts website is at your own risk.

Use Of Material

Unless otherwise stated, all rights to all materials, content, layout, images, text, and design of this website are proprietary to Hydramarts. Users of this website may browse the website and may download material displayed on the website for non-commercial, lawful, personal use only, provided all copyright and other proprietary notices contained on the material so downloaded are retained and such information is not modified, copied, or posted on any networked computer or broadcast in any media. All other copying, reproduction, posting on any other website, republication, downloading, uploading, encoding, modification, translation, public performance or display, distribution or transmission of any portion of this website, or the making of any derivative works from this Website, is prohibited without the express permission of Hydramarts.

Trademarks And Copyrights

This website is owned, controlled, and operated by Hydramarts. All material on this website, including images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us or provided us permission to use such material.

The material on the Hydramarts website may be used by you for personal, non-commercial purposes. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of Hydramarts, modification of the materials, use of the materials on any other web site or networked computer environment, or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights, and is prohibited.

Territorial Use

Hydramarts offers no guarantee that items on the Hydramarts website are appropriate or available for use in locations outside Nigeria, and accessing the Hydramarts website from territories where its contents are illegal or unlawful is prohibited and done at the user’s risk. Ultimately, the user is responsible for ensuring that accessing or using the Hydramarts website is done in accordance with applicable local laws.

Applicable Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of Nigeria and any disputes will be decided by Nigerian courts.

Limitation Of Liability

You agree that Hydramarts shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from or in connection to the use of Hydramarts services or website. In no event shall Hydramart’s total liability to you exceed the amount paid by you to Hydramarts.

Indemnity

You hereby indemnify and hold harmless Hydramarts, its owners, licensees, affiliates, subsidiaries, and their respective officers, directors, agents, and employees, against any losses, claims, actions, costs, damages, penalties, fines, and expenses including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms and Conditions, Privacy Policy and other Policies, or your violation of any law, rules or regulations or the rights of a third party.

Termination

At Hydramart’s discretion and without prior notice to you, Hydramarts may suspend or terminate your access to the Hydramarts website.

Upon any termination of your access to the website, you shall immediately cease all access to and use of the Hydramarts website and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of the website in whole or in part.

If you are dissatisfied with the website or with any terms, conditions, rules, policies, guidelines, or practices of Hydramarts in operating the website, your sole and exclusive remedy is to discontinue using the website.

Delivery Windows

For your convenience, we offer a number of windows in which we expect to deliver your order. At checkout, you may select your preferred window and we will make every attempt to deliver within your selected delivery window. In the event that there is a delay, you will be notified as much in advance as possible. Ultimately, the delivery windows are a guide and we are not bound to deliver within the stipulated windows. What we do guarantee is that your order will be delivered within 24 hours of the time of your selected delivery window. That said, the majority of our customers’ orders are delivered within their chosen delivery window and it is always our goal to achieve this. Beyond the delivery window selected at checkout, we are unable to accept requests for deliveries at specific times.

Communicating With You During Order Processing

While processing your order, we may need to contact you to discuss the availability of items in your order and any suggested replacements. We require your response within 15 minutes of receiving emails or phone calls about any replacements in your order, otherwise, we may deliver only the actual items ordered without including any suggested replacements. At checkout, we ask customers their preferred mode of us communicating with them, this preferred mode of communication however only applies to any update to your order prior to dispatch. Once an order has been dispatched, other communication may be by phone call, so we require you to have your phone readily available.

Access To Your Delivery Location

We always endeavor to deliver your order directly to your doorstep, however, if access to your location is limited due to a dilapidated road, flooding, roadblocks, civil unrest, or any other encumbrances, then we will require you to notify us in advance and also to meet the delivery driver at a convenient and more accessible location. Failure to notify us of any such issues may result in a delay and/or rescheduling of your delivery or cancellation of your order.

Access Within Your Building

Our delivery drivers are very happy to carry your order to your doorstep and even into your home if you want them to. If your building has an elevator, the drivers will bring the order to any floor you’re on. If, however, the building has no elevator, the highest floor the drivers will walk up to is the 4th floor (assuming the ground floor is the 1st floor). Also, if your order contains large and/or heavy individual items such as water refill bottles, the driver will only walk up to the 2nd floor (assuming the ground floor is the 1st floor) if the building has no elevator.

Meeting Our Delivery Driver

In order to enable our delivery drivers’ effect timely deliveries, they are mandated to wait for a maximum of 5 minutes for each customer to receive their orders from them. After contacting a customer and the customer is either unresponsive or fails to show up after 5 minutes, the driver will leave your address. If you are unreachable at the point of delivery, your order may be rescheduled at an additional cost. We will accept no liability for perishable or other items that are damaged due to the wait time.

Cancellations

When we receive customer orders, we begin processing them immediately. And because we do not hold our own inventory and we only purchase from supermarkets and retail outlets when customers place orders, as soon as customers pay for their orders, we start purchasing their selected items from the supermarkets. The retailers we buy from have a no-return policy so, we, in turn, are unable to return any items customers purchase from us to the retailers. Thus, once an order has been paid for, Hydramarts is unable to accept a cancellation of the order, neither is Hydramarts able to process a refund (either to the customer’s Hydramarts wallet or their bank account). This, however, does not affect your rights to a refund in the event that an incorrect or damaged item is delivered.

Returns

If we deliver an incorrect or damaged item (damage that has been caused by us), we will happily replace the item at no additional cost to you. For us to replace such items, customers will need to notify the delivery driver of their observation at the point of delivery. Once customers have taken delivery of their order and signed confirming this, they take ownership of the items and Hydramarts will be unable to accept any returns. For this reason, we ask customers to carefully check and confirm the accuracy of their order with the delivery driver before acknowledging receipt by signing. Hydramarts will not accept returns for items that have no material damage to them. Products that are materially intact but whose packaging may have scratches, peels, tearing, dents, discoloration, rust, or any other aesthetic impairment that does not affect the taste, functionality, or integrity of the actual product may not be accepted by Hydramarts as a return.

Refunds

If an item you ordered is unavailable, we will continue to check for the item until it is back in stock. If, after our checks, the item remains out of stock, any credit due to you will be added to your Hydramarts eWallet. We do not process refunds to bank accounts.

 

In instances where your address is not within our delivery coverage locations or we later receive a payment that did not reflect in our account at the time you made it, we may process a refund to your account after deducting relevant bank charges.

Treatment Of Our Employees

Hydramarts employees always strive to please customers and often go to extra lengths to ensure customers are fully satisfied with the service. We expect that our customers will accord the same courtesy and respect to all our employees they may engage with via email, over the phone, or in person. Our employees mean a lot to us and without them, we will not be able to provide the level of service we offer our customers. So, while we will be patient with customers, we will not tolerate any written, verbal or physical abuse to our employees by anyone. Any breach of this by a customer may result in our refusal to fulfill the customer’s order. In such an instance, if the items in the customer’s order have already been picked and paid for, we may decide not to deliver to the customer’s location and instead require the customer to pick up the order at a location of our choosing. If, however, the items have not been purchased, we may process a refund after deducting relevant bank, transactional and operational charges and costs Hydramarts may have incurred. Hydramarts reserves the right to report any incidence of abuse to the appropriate law enforcement authorities.