1.1 These Terms and Conditions govern the pre-order and purchase of smartphones ( the”Offer“) through MTN Nigeria Communications PLC (MTN)’s eShop platform.

1.2 By placing a pre-order, you confirm that you have read, understood and agreed to be bound by these Terms and Conditions.

1.3 Participation in the Offer is subject to these Terms and Conditions and any other policies published by MTN from time to time.

1.4 MTN reserves the right to amend, suspend, extend or withdraw the Offer at any time in accordance with applicable law.

2.1 The Offer is available to individuals who:

1. are eighteen (18) years of age or older;
2. are resident in Nigeria; and
3. possess the legal capacity to enter into binding contracts.

2.2 MTN reserves the right to request additional information or documentation for customer verification purposes.

2.3 MTN may decline or cancel any order that cannot be sufficiently verified.

3.1 The Offer shall be valid for the period communicated by MTN or until allocated stock is exhausted, whichever occurs first.

3.2 MTN reserves the right to extend or shorten the pre-order period without prior notice.

4.1 Full payment is required at the time a pre-order is placed.

4.2 All prices displayed on MTN eShop are in Nigerian Naira and are exclusive of applicable taxes unless otherwise stated.

4.3 A pre-order shall only be considered successfully placed upon:

1. successful receipt of payment by MTN; and
2. issuance of an order confirmation by MTN eShop.

4.4 Customers are responsible for ensuring that all information provided during the ordering process is accurate, complete and current.

4.5 MTN shall not be liable for any delay, failed delivery, cancellation or loss arising from inaccurate information provided by a customer.

5.1 MTN makes reasonable efforts to ensure the accuracy of all information displayed on MTN eShop.

5.2 Notwithstanding Clause 5.1, MTN reserves the right to cancel or refuse any order where a pricing, system, technical, typographical, availability or administrative error has resulted in:

1. incorrect product pricing;
2. incorrect product descriptions;
3. incorrect promotional information; or
4. incorrect stock availability information.

5.3 Where a payment has already been received in respect of an affected order, MTN’s sole obligation shall be to refund the amount successfully received from the customer.

6.1 All pre-orders are subject to stock availability.

6.2 Device colours, models and storage variants shall be allocated on a first-come, first-served basis.

6.3 Availability of any particular colour, model or storage variant is not guaranteed throughout the pre-order period.

6.4 MTN reserves the right to allocate available stock in a fair and commercially reasonable manner.

6.5 Where a selected device variant subsequently becomes unavailable, MTN may:

1. offer the customer an available alternative variant; or
2. cancel the affected order and refund the amount paid.

6.6 The customer shall have the option to accept or reject any alternative variant offered by MTN.

7.1 Product photographs, images, descriptions and promotional materials are provided for illustrative purposes only.

7.2 Product specifications, packaging, accessories, colours and features may differ from promotional materials due to manufacturer updates or regional availability.

7.3 MTN shall not be responsible for any manufacturer-driven modification to device specifications or accessories.

8.1 Delivery of pre-ordered devices shall commence once the smartphone becomes officially available for fulfilment.

8.2 Any delivery date or timeline communicated by MTN constitutes an estimate only and shall not amount to a guarantee.

8.3 Delivery timelines may be affected by factors outside MTN’s reasonable control including:

1. manufacturer production delays;
2. supply shortages;
3. importation and customs clearance processes;
4. regulatory requirements;
5. logistics constraints;
6. transportation disruptions;
7. adverse weather conditions; and
8. force majeure events.

8.4 MTN shall not be liable for delays caused by any circumstances described in this Clause.

9.1 Customers are responsible for ensuring that:

1. the delivery address provided is accurate;
2. the contact details provided remain valid throughout the fulfilment period; and
3. an authorised recipient is available to receive the device.

9.2 MTN shall not be liable for failed deliveries caused by:

1. incorrect addresses;
2. incorrect contact details;
3. customer unavailability; or
4. refusal to accept delivery.

9.3 Where delivery cannot be completed due to customer-related circumstances, MTN may:

1. reattempt delivery; or
2. charge reasonable additional delivery costs, where applicable.

Customer Cancellation

10.1 Customers may request cancellation of a pre-order only prior to issuance of an order confirmation.

10.2 Once an order confirmation has been issued, the pre-order shall become final and binding, subject to applicable law.

MTN Cancellation Rights

10.3 MTN reserves the right to cancel any order where:

1. fraudulent, suspicious or unauthorised activity is detected;
2. payment cannot be successfully verified;
3. a pricing or system error occurs;
4. the order cannot be fulfilled due to stock constraints;
5. the customer breaches these Terms and Conditions; or
6. fulfilment becomes impossible due to circumstances beyond MTN’s reasonable control.

10.4 Where MTN cancels an order, MTN shall refund the amount successfully received from the customer.

11.1 Confirmed pre-orders are generally non-refundable and non-returnable.

11.2 Customers are advised to carefully review all order details before completing their purchase.

11.3 Devices shall not be eligible for refund, return or exchange on the basis of:

1. change of mind;
2. preference for another colour, model or storage variant;
3. customer ordering errors; or
4. dissatisfaction unrelated to a product defect.

11.4 Nothing in these Terms and Conditions shall limit, exclude or restrict any rights available to consumers under applicable law.

12.1 Any promotional gifts, accessories, airtime, data bundles, discounts, vouchers or launch benefits offered in connection with the Offer are available while stocks last.

12.2 Promotional items are:

1. non-transferable;
2. non-exchangeable; and
3. not redeemable for cash.

12.3 MTN reserves the right to substitute promotional items with alternatives of substantially similar value where necessary.

12.4 MTN does not guarantee the availability of promotional items beyond allocated quantities.

13.1 MTN reserves the right to conduct verification checks in relation to any order.

13.2 MTN may decline or cancel any order reasonably suspected to involve:

1. fraud;
2. unauthorised use of payment instruments;
3. abuse of the Offer;
4. automated ordering systems; or

e. resale activity contrary

14.1 All devices purchased through MTN eShop shall be covered by the applicable manufacturer’s warranty.

14.2 Warranty claims shall be handled in accordance with the manufacturer’s warranty procedures and requirements.

14.3 MTN shall not be responsible for defects resulting from:

1. misuse;
2. neglect;
3. accidental damage;
4. liquid damage;
5. unauthorised repairs; or
6. unauthorised modifications.

15.1 To the fullest extent permitted by law, MTN shall not be liable for any:

1. indirect loss;
2. consequential loss;
3. incidental loss;
4. loss of profit;
5. loss of revenue;
6. loss of goodwill; or
7. loss of data,

arising out of or in connection with participation in the Offer.

15.2 MTN shall not be responsible for delays or failures attributable to manufacturers, distributors, logistics providers, government authorities or other third parties.

15.3 Nothing in these Terms and Conditions shall exclude or limit liability where such exclusion or limitation is prohibited by applicable law.

15.4 Subject to Clause 15.3, MTN’s aggregate liability arising from or relating to any pre-order shall not exceed the amount paid by the customer for the affected device.

16.1 Personal information collected in connection with the Offer shall be processed in accordance with:

1. MTN’s Data Privacy Policy; and
2. applicable data protection laws and regulations.

16.2 Customer information may be used for:

1. order processing;
2. delivery fulfilment;
3. customer support;
4. fraud prevention;
5. regulatory compliance; and
6. administration of the Offer.

MTN shall not be liable for any delay, interruption or failure to perform its obligations where such delay, interruption or failure results from causes beyond its reasonable control, including:

1. acts of God;
2. natural disasters;
3. epidemics or pandemics;
4. cyber incidents;
5. acts of government;
6. regulatory restrictions;
7. labour disputes; or
8. supply chain shortages.

18.1 Customers are encouraged to contact MTN Customer Care in the first instance regarding any complaint arising from the Offer.

18.2 MTN shall use reasonable efforts to investigate and address complaints within a reasonable period.

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria.