SAMSUNG Z Flip 4 / Z Fold4  HANDSET TRADE IN PROGRAMME TERMS AND CONDITIONS

SAMSUNG Z Flip 4 / Z Fold4  HANDSET TRADE IN PROGRAMME TERMS AND CONDITIONS

1. THESE TERMS
   1. What these terms cover. These are the terms and conditions on which you may take part in our Z Flip 4 / Z Fold4 Handset Trade In Programme (“Trade In Programme”), which provides you with the option to get a reduction in price for either of the following two new Samsung Galaxy handsets – the Z Flip 4 / Z Fold4 (“New Device”) purchased through the Samsung Shop Online (shop.samsung.com/ie/), either purchased outright or through a credit facility, in exchange for trading in your existing device (the “Existing Device”). The Trade-in Programme is offered subject to New Devices being in stock and available from the Samsung Shop Online.  For a complete list of acceptable Existing Devices to trade, please see Appendix 1 and Appendix 2 to[ph1]  these Terms and Conditions. The list of acceptable Existing Devices will vary, depending on which new handset you wish to purchase. The Trade In Programme is only available between 10th August and 25^th August 2022. The level of discount which you may receive will vary, dependent on the model of Existing Device you trade in and the condition of your Existing Device. Please see Appendix 1 to these Terms and Conditions for full details of the discounts available where you are trading in an Existing Device in good condition (which meets the Minimum Requirements set out in paragraph 5.2, below). We also accept Existing Devices which do not meet the Minimum Requirements; the details of discounts available for Existing Devices offered in this condition are set out at Appendix 2. The offer is limited to two purchases of New Devices per customer. Any further orders of New Devices under the Trade-In Programme may be rejected at our sole discretion. We may also refuse to accept any orders placed for New Devices (or cancel any such orders prior to dispatch) using this Trade In Programme where we have reasonable grounds to suspect fraud.
   2. Why you should read them. Please read these terms carefully if you would like to take part in the Trade In Programme. These terms tell you who we are, the conditions of the Trade In Programme and other important information.

2. INFORMATION ABOUT US AND HOW TO CONTACT US
   1. Who we are. We are Samsung Electronics (UK) Limited, a company registered in England and Wales. Our company registration number is 3086621 and our registered office is at 2000 Hillswood Drive, Chertsey, Surrey KT16 0RS.
   2. How to contact us. Visit the Shop Support section of Samsung.com for a range of contact options.
   3. How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
   4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

3. THE TRADE IN PROGRAMME - OVERVIEW
   1. How to take part in the Trade In Programme. On placing your order for a New Device, you may, if you choose to do so by clicking the relevant Trade In option on the website and, if you are successful in passing any relevant credit checks by our chosen credit provider (if you have opted to purchase your New Device through a credit facility), be able to take part in the Trade In Programme[ph2] [DFCF/S/LC3] .

1. 2. The offer to take part in the Trade In Programme is available to consumers only; it is not available to business customers.
   3. Your participation in the Trade In Programme is subject to you providing the Existing Device to us within 7 days of receiving your New Device. Unless you are trading in an Existing Device which you have declared to be broken (where you must follow the requirements set out in clause 5.4), the Existing Device must meet the minimum requirements set out in clause 5.2. Should you fail to provide the Existing Device to us within 7 days of receipt of your New Device you will be required to return your New Device to us, or you will be asked to pay back the upfront discount you received. Failure to provide your New Device or payment, to Samsung will result in legal proceedings being taken against you to recover the device.
2. 4. Other than as specified in these terms and conditions, our standard Terms and Conditions of Sale (which can be found here) will govern your purchase of the New Device and any other products purchased from our website.

4. PROVISION OF FINANCE
   1. If you opt to pay for your New Device either through finance, we act as a credit broker and not a lender and will introduce you to your chosen credit provider.

4.2 Where you decide to enter into a credit facility in order to purchase your New Device, our chosen credit provider is Humm Finance. The privacy policy and terms and conditions relevant to that finance provider can be found on its website- https://www.shophumm.com/

4.3 If your application is successful, you will be able to enter into a credit facility on terms to be provided by your chosen credit provider. Please ensure that you read the terms of the credit facility carefully before signing. Failure to make repayments under this credit facility may have a negative impact on your credit rating and you may incur interest and charges.

5. TRADING IN YOUR EXISTING DEVICE
   1. If you decide to take part in the Trade In Programme, you must provide your Exsting Device to us. The Existing Devices set out in Appendix 1 and Appendix 2 to[ph4]  these Terms and Conditions are acceptable for the purposes of the Trade In Programme. We can also only accept a broken Existing Device (please see clause 5.4 below) if it is listed in Appendix 21[ph5] 
   2. Please note that the option to receive the full value of discount for your Existing Device is only available if your Existing Device meets the requirements set out below (“Minimum Requirements”). Please also note that the value of your Existing Device may vary for purchases of exclusive colour model handsets. All pricing, including any variations, can be found in Appendix 12 [ph6] of these Terms and Conditions. Please note that if you are trading in a broken or faulty Existing Device the terms of clause 5.4 apply instead of these Minimum Requirements.

Minimum Requirements

Functionality: The Existing Device must be owned by you, it must match the make and model from your order form and it must also meet the following functionality criteria.

• • • It must power on/up and hold charge
    • It must be fully functional and must have no software or hardware faults
    • It must only have normal wear and tear - there must be no damage or blemishes to screen/LCD and the casing around the device including the camera lens must not be cracked. No level of liquid damage is acceptable.
    • It must have a fully functioning display and have no cracked screen
    • It must have no signs of screen burn, ghost imaging, discolouration, coloured hues or image retention
    • It must not be blacklisted - each device must be eligible to pass all lost/stolen registers
    • It must be factory reset and have no software locks - the device must have any personal account locks removed and the device must be reset to remove personal data, all devices must have their iCloud or Google accounts removed or custom MDM accounts removed.
    • It must not be PIN locked and must not have an ‘Activation Lock’ or 'iCloud Lock' activated
    • It must include its battery within the casing and must not have any missing parts
    • It must not be crushed, bent in half or liquid-damaged
    • It must not have an outstanding credit or finance balance associated with it
    • It must not be “jail-broken” or “Knox warranty void” and the firmware must not have been altered

• • • It must be original and meet the manufacturer’s original EU specifications (and is not personalised with any custom engraving). For example, the entire colour of the device must match the original manufacturer’s specification.

1. 3. Please note that we inspect all Existing Devices which are provided as part of the Trade In Programme. If the Existing Device which you are proposing to provide to us does not meet the Minimum Requirements (and you have not declared it to be a broken Existing Device as set out in clause 5.4), then we, or the third party company we use to inspect the Existing Devices (Macro Evolution Services) will contact you and notify you of this within 10 days. If your Existing Device does not meet the Minimum Requirements, a surcharge of up to €500 will be payable to Macro Evolution Services. Macro Evolution Services will contact you advising how much surcharge is due (depending on the extent your Existing Device does not meet the minimum requirements) and how to make payment in these circumstances.
   4. Should your Existing Device not meet the requirements detailed above, you may still trade in your Existing Device by declaring it to be broken (by ticking the box stating that your device is not in a

“Good Condition” during the trade-in process on our website. Where you are trading in a broken Existing Device, a lower fixed fee shall be payable for the Existing Device, rather than the usual price payable for the Existing Device. The price payable for both an Existing Device which meets the minimum requirements, as well as for a broken Existing Device as set out in Appendix 2. Please note that we cannot accept broken Existing Devices where the Existing Device has an outstanding credit or finance balance associated with it, or where the Existing Device has been blacklisted as lost or stolen.[ph7] [DFCF/S/LC8] 

1. 5. You will be provided with prepaid return packaging materials to allow for the safe provision of your Existing Device to us. Please ensure that you back up any photos, files and other data which you have stored on the Existing Device, and remove the sim card and memory cards before providing the Existing Device to us. On receipt of the Existing Device, all data stored on it will be securely wiped. We are not able to recover any data stored on an Existing Device which has been provided to us.
   6. At the point at which you have provided your Existing Device to us, and we have carried out a successful inspection of the Existing Device (ensuring that it meets the Minimum Requirements, unless it has been declared to be broken Existing Device) ownership in the Existing Device will pass from you to us (or a third party nominated by us).

6. CONSEQUENCES OF NOT TRADING IN YOUR EXISTING DEVICE
   1. You should ensure that the Existing Device is provided to us within 7 days of receiving your New Device. If you do not send your Existing Device within this timeframe, then unless you return your New Device, Samsung will, after 14 days have elapsed after delivery of your New Device, deduct a sum equal to the discount you receive for trading in your Existing Device from your payment card.
   2. In the event we are required to take this action, please note that we reserve the right to refuse to take any further orders from you; we will also review any activity in relation to existing orders under your name.

1. 3. Please note that should you fail to return the Existing Device to us, and we are unable to recover the money from your payment card, we reserve the right to remotely disable your New Device. If we take this action, it shall take place on or after 15 days after delivery of your New Device.

7. YOUR RIGHTS

7.1 Entering into the Trade In Programme does not prevent you from exercising your rights to cancel your order during the 14 day cooling off-period provided for in our standard Terms and Conditions of Sale.

7.2 If you exercise your right to cancel and return your product during the 14 day cooling off period, or if we have agreed to pay you a refund because the product we have provided you with is defective, we will endeavor to return your Existing Handset to you, but we cannot guarantee its return. In the event that we are unable to recover your Existing Handset, we will provide you with a cash equivalent price for the Existing Handset, based on the price currently payable for your Existing Handset on the Samsung e-store. Any such discount is provided by Macro Evolution Services, on behalf of Samsung.

7.3 Taking part in the Trade In Programme does not affect any statutory rights you may have, including your rights under the Consumer Rights Act 2016 and Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

8. HOW WE MAY USE YOUR PERSONAL INFORMATION

8.1 We will use the personal information you provide to us in accordance with the terms of our privacy policy, which can be found here:

https://shop.samsung.com/ie/content/2-privacy

If you wish to withdraw your consent to us processing your personal data, please contact us here:

ireland.dataprotection@exertis.com

8.2 Please note that in order to take part in the Trade In Programme, you must have a Samsung account. If you do not have a Samsung e-store account, we will use the information which you provide us in the course of applying for the Trade In Programme to set one up for you.

8.3 If, in the course of taking part in the Trade In Programme, you elect to take out a finance product, you will be redirected to the website of the finance provider. The privacy policy and terms and conditions relevant to that finance provider can be found on its website.

8.4 We will only give your personal information to other third parties where the law either requires or allows us to do so.

9. OTHER IMPORTANT TERMS

9.1 Other than Macro Evolution Services, in relation to clause 5.3 above, nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

9.2 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

9.3 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Appendix 1