Terms & Conditions
Last updated: August 9th, 2021
Welcome to hyte.com. hyte.com (“HYTE” or “We” or “Us”). These terms and conditions are subject to change without prior written notice at any time at HYTE’s sole discretion. If you visit or shop at hyte.com you accept these conditions.
TERMS OF SALE
HYTE Products - General Terms of Sale ("Terms of Sale") are offered to you by HYTE ("HYTE", "we" or "us") and govern all sales and purchases of any products offered by us (collectively to be referred to as "Products") through the HYTE webstore at hyte.com.
Electronic Communications When you visit HYTE or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices anywhere on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
We receive and store certain types of information automatically whenever you interact with us. For example, like many websites, we use "cookies" or other unique identifiers and we obtain certain types of information when your web browser accesses HYTE.com or advertisements and other content served by, or on behalf of, HYTE.com on other websites. Other examples include, but are not limited to, log files, internet protocol (IP) addresses used to connect your computer to the internet, and internet browser type.
We might receive information about you from other sources and add it to our account information. Examples include, but are not limited to, updated delivery and address information from our carriers and information from credit bureaus, which we use to help prevent and detect fraud.
We accept the following methods of payment:
- American Express
Unfortunately, we do not accept international credit cards, wire transfer, or check via telephone.
OEM vs. Retail The retail and OEM versions usually are essentially the same product. However, the retail version usually comes with bundled software, retail packaging, and more bells and whistles so to speak. OEM (Original Equipment Manufacturer), also known as White Box or Brown Box versions, will come with the actual product and drivers, but no special packaging or software.
30-Day HYTE Cares Guarantee HYTE offers our customers a 30-day satisfaction refund guarantee on all purchases (please refer to the Purchase Agreement and/or Warranty Statement for additional details), except: any software, or any specially ordered items. To take advantage of HYTE’s return guarantee policy, the Customer agrees to comply with HYTE’s Product Return Procedure, as stated in the Purchase Agreement and online Warranty Statement. Any breach of HYTE’s Return Policy Procedure may result in the loss of HYTE’s replacement/return guarantee. Furthermore, all return shipments not in compliance with these instructions may be rejected.
By checking the agreement box and clicking the submit button below, , you ("Customer") agree to be bound by the terms and conditions listed below. You and HYTE agree that the following terms and conditions are the exclusive terms governing the sales transaction between Customer and HYTE. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please read these terms and conditions, along with our full warranty statement available for viewing on this site carefully each time you place an order with or accept delivery of any goods from HYTE.
HYTE offers our customers a 30-day satisfaction refund guarantee on all purchases (please refer to the Conditions written above). To take advantage of HYTE's return guarantee policy, Customer agrees to comply with HYTE's Product Return Procedure as stated below. Any breach of HYTE's Return Policy Procedure may result in the loss of HYTE's replacement/return guarantee. Furthermore, all return shipments not in compliance with these instructions may be rejected.
Product Return Procedures: To return a product based upon HYTE's replacement/return guarantee, you must obtain a Return Merchandise Authorization ("RMA") number within the refund guarantee period for the product (as described above). All RMA requests must be filed prior to shipping the merchandise back and unauthorized merchandise may be returned back to customer without receiving. HYTE may not accept returns without prior authorization and a RMA number. Once issued, RMA numbers are valid for 30 business days, within which returned products must be received by HYTE. Customer should prominently display the Return ID on the shipping label of boxes containing the returned product(s).
For Return Merchandise Authorization (“RMA”) that fall outside the refund guarantee period for the product (as described above). The customer is solely responsible for shipping any returned product to HYTE. Customer agrees to use only reputable carriers capable of providing proof of delivery and insurance for the entire value of the shipment. Customer agrees to bear all shipping charges and all risk of loss for the return product during shipment. Customer agrees to bear all shipping charges and all risk of loss for the return product during shipment. Customer agrees that all returned products will be 100% complete, in re-saleable condition, and will include the original packaging material, manuals, blank warranty cards, and other accessories provided by the manufacturer and HYTE. If any component of the returned product is missing, HYTE's Return Procedure can be considered breached and HYTE may reject the entire return or may choose to impose additional charges against the customer for replacement of the missing component. HYTE will not refund to Customer the original shipping charges.
Restocking Fee: Restocking fees will not be assessed within the first 30-days from purchase. Any returns for refund after 30-days are subject to a 20% restocking fee. Refunds will not be approved after 45-days from delivery.
- WARRANTY HYTE warrants to the original purchaser that the product(s) shall be free of any defect in material or workmanship for a period of (3) three years (PC case) or (10) ten years for Power Supply from the date of the original invoice from HYTE. HYTE shall have the sole discretion in determining whether the product is covered under the warranty for labor and/or warranty for parts. Should the product(s) supplied by HYTE prove defective by reason of improper workmanship or material as reasonably determined by HYTE, HYTE will repair or replace defective parts with new or reconditioned parts at HYTE’s option, without charge to you.
HYTE is a distributor only. Products sold by HYTE are not manufactured by HYTE. The products may, however, be covered by each manufacturer's warranty, service, and support policy (if any) even beyond the length of HYTE’s warranty. HYTE assigns and passes through to the Customer any warranty of the manufacturer, and Customer acknowledges that it shall have recourse only under such warranties and only as against the manufacturer of the products.
- DISCLAIMER OF WARRANTIES HYTE MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCT EXCEPT THOSE STATED IN THIS DOCUMENT. HYTE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCT, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
- LIMITATION OF LIABILITY IN ALL CIRCUMSTANCES HYTE'S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. HYTE SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. HYTE SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT HYTE IS APPRISED OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
- GENERAL TERMS AND CONDITIONS
An order is not binding upon HYTE until it is accepted by HYTE and HYTE must receive payment in full before it will accept an order. Payment for product(s) ordered is due prior to shipment. Customer can make payment by credit card, wire transfer, or some other method prearranged with HYTE. You agree to pay the amount(s) due as specified on the invoice and when applicable, you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
Cancel Orders: You may request a cancellation of your order, provided your order has not already shipped. For engraved products, once a system side panel has been engraved, any order cancellations are subject to a 20% restocking fee.
Shipping Charges: Your total cost for purchase of any product will include shipping and handling charges shown on the HYTE invoice.
Title and Risk of Loss: HYTE will arrange for shipment of ordered product(s) to the Customer, Free On Board (F.O.B.) shipping point, meaning title to the product(s) -- excepting software-- and risk of loss passes to the Customer upon delivery to the carrier. HYTE reserves a purchase money security interest in the product(s) until its receipt of the full amount due. Customer agrees to allow HYTE to sign appropriate documents on Customer's behalf to permit HYTE to protect its purchase money security interest. Title to software will remain with the licensor(s). All software is provided subject to the license agreement of the software maker. Customer agrees to be bound by any software license agreement once the seal on the package is broken. HYTE will advise Customer of estimated shipping dates, but HYTE will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.
Governing Law and Jurisdiction: Any dispute arising out of or related to these Terms and Conditions or the sales transaction between HYTE and Customer shall be governed by the laws of the State of California, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. HYTE and Customer consent to the exclusive jurisdiction and the venue of the State Courts of the State of California, Los Angeles County, to resolve any dispute between them related hereto, and the parties waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agrees not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against HYTE that is more than one year after the date of the applicable invoice. Severability: If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable California law.
Waiver: The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
Entire Agreement: These terms and conditions, together with HYTE's warranty statement and invoice respecting the products ordered by Customer, are the complete and exclusive agreement between HYTE and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between HYTE and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.