Version 1.0.

Date: May 15, 2023

This page together with the documents referred to within it (“Terms and Conditions”) tells you the terms and conditions on which we supply any of the products (“Products”) listed on our website http://www.shop.samsung.com/latin (“Our Website”).

These Terms and Conditions do not cover the sale of our Products by third parties to you.

Please read these Terms and Conditions carefully and understand them before ordering any Products from the Website. You should understand that by ordering any of our Products from the Website, you accept these Terms and Conditions. If you refuse to accept these Terms and Conditions, you will not be able to order any Products from the Website.

1. 1. Information about us

• The Website is operated by Advance Commercial Service Inc. (hereinafter, “the Seller”), a company incorporated and registered in accordance to the laws of the State of Florida, United States of America and whose registered office is located at 250 NW 23rd St #205, Miami, Florida, 33127, United States of America, in its capacity as a Non-Exclusive Authorized Distributor of Samsung Electronics Latinoamérica (Zona Libre), S.A. (hereinafter, “Samsung”), a company incorporated and registered in accordance to the laws of the Republic of Panama and whose registered office is located at Business Park, Torre V, Piso 7, Ave. La Rotonda, Costa del Este, Panama City, Republic of Panama.

• Both the Seller and Samsung may be referred, from time to time, throughout this Terms of Service as “we” or “us”.

• If you have any questions or complaints, you can contact us through the Customer Contact Center number or by email (details are available here: Contact Us).

2. 2. Your status

• By placing an order through our website, you warrant that:
  • you are legally capable of entering into binding contracts;
  • you are at least 18 years old;
  • if you are under 18 years of age and would like to purchase a Product, please ask your parent or legal guardian to review and agree to these Terms and Conditions on your behalf before purchase;
  • you are a private individual and purchasing Product(s) in your capacity as such; and
  • you are not purchasing Product(s) for the purpose of resale.

• If you do not comply, or Samsung suspects that you do not meet the eligibility criteria set out in this section, we may in our absolute discretion:
  • temporarily or permanently suspend or terminate your:
    • access to our Website; and/or
    • Samsung account;
    • Refuse to accept your order;
    • Cancel any order for Product(s) that you may have placed.

3. 3. How the contract is formed between you and us

• Your order is an offer from you to us, in order to buy the Product(s) specified in your order. The Website provides you with a description of the Products, which you may purchase. You are deemed to have placed an order with us once you have completed our online checkout process. After placing an order, you will receive an e-mail from us acknowledging that we have received your order and containing an Order Reference Number and details of the Product(s) you have ordered (“Order Confirmation”). Please note that the Order Confirmation is acknowledgment that we have received your order; however, it does not mean your order has been accepted by us. All orders are subject to our acceptance of your offer to buy the Product(s) that you have ordered. If we have accepted your offer, we will send you an e-mail confirming that the Product has been dispatched (“Dispatch Confirmation”).

• We may refuse to accept your order, if:
  • the Product is not available;
  • we cannot obtain authorization for your payment;
  • there has been a pricing or Product description error (see ‘Price and Payment’ below); or
  • if you do not meet the eligibility criteria set out in Section 2 - ‘Your Status’ above.

• When this happens, we will let you know as soon as possible and refund any sums you have paid.

• Before you enter into a contract with us, we will provide you with the following information:
  • The total price of the Product(s), including any taxes;
  • Any unavoidable costs associated with the contract, such as delivery or postal charges;
  • Estimated delivery time; and,
  • Arrangements for payment.

• The contract is entered into between you and us (the “Contract”) and will only be formed or in force upon the earlier of i) when we send you the Dispatch Confirmation or ii) delivery of the Product(s).

• The Contract will relate only to those Products in respect of which we have confirmed dispatch in the Dispatch Confirmation. We will not be obliged to supply any other Products, which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.

4. 4. Links to Third Party Sites

• We may also provide links on our Website to the websites of other companies, whether affiliated with us or not. We do not give any undertaking that products you purchase from third party sellers through our Website, or from companies to whose website we have provided a link on our Website, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will inform you when a third party is involved in a transaction, and we may disclose your personal information related to that transaction to the third party seller in accordance with our Privacy Policy. If we are acting on behalf of another trader in any transaction, we will inform you.

5. 5. Availability and delivery

• We can deliver in the following territories:

• We will either deliver the Product(s) to (i) the delivery address you specify in your order or (ii) to an assigned location for pickup, depending on the delivery method that you have chosen or the one established on the Website, as appropriate. We will only deliver or hand over the Product(s) to you or someone authorized by you to accept and sign for them. If you have not received the Product(s) within the estimated delivery time specified in the Dispatch Confirmation you should contact us via our Website or by email or by telephoning the Customer Call Centre (details are available here:

• Whilst we will always aim to deliver within the delivery time specified in the Dispatch Confirmation, delivery timescales are estimated and may be subject to change. Any delay to your delivery will be communicated to you in advance.

6. 6. Risk and title

• The Product(s) will be your responsibility from the time of delivery.

• Ownership of the Product(s) will only pass to you on the later of either i) delivery or ii) when we receive: (a) full payment of all sums due in respect of the Products, including delivery charges; and (b) if you have agreed to trade-in a device, until we receive the traded-in device you have promised to provide us.

7. 7. Price and payment

• The price of the Product(s) will be as quoted on our Website from time to time, except in cases of obvious error. Product prices include VAT at the prevailing rate. The price quoted on our Website for Product(s) excludes delivery charges which are quoted separately on our Website.

• Product prices and delivery charges are subject to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

• Our Website contains a large number of Product(s) and it is always possible that, despite our best efforts, some of the Product(s) listed on our Website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our Website, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it. If the price of the Product(s) is obviously an error and could have reasonably been recognized by you as an error, we do not have to provide the Product(s) to you at the incorrect (lower) price.

• Payment can be made using all major credit and debit cards (American Express, Mastercard, Visa Credit, Visa Debit, among others) and it is collected on our behalf by an assigned Third Party. Payment will be taken at the time of purchase or shortly after, unless you are pre-ordering, in which case payment will be taken within 28 days of you placing your order. Alternatively, other payment methods and credit facilities may be offered on the Website for you to utilize to make your payment. These will have different terms and conditions that you will be asked to review and accept at the time you make payment.

8. 8. Returns Policy

• Subject to the terms below, If your Product(s) arrived damaged or you believe that a Product you have ordered from us is defective, you should contact us via our Website or by email or by telephoning the Customer Contact Centre (details are available here: Contact us). We will advise you of the appropriate steps to take..

• If you are eligible for a full return, all items must be returned together, including but not limited to the Product(s) with all original packaging, accessories and any free of charge products or promotional items, supplied with the Product. If you wish to keep any item you will be refunded the cost of the Product minus the full value of any items not included in the return.

• We will make any refunds using the same method originally used by you to pay for your purchase.

• We do not cover faults caused by misuse, neglect, physical damage, tampering, incorrect adjustment, normal wear and tear, or incorrect installation. Products sold on our website are intended for domestic use only and are not for commercial use or resale.

• This Returns Policy does not affect your statutory rights.

9. 9 Our Liability

• NOTHING IN THESE TERMS AND CONDITIONS EXCLUDES OR LIMITS OUR LIABILITY FOR:
  • DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE;
  • FRAUD OR FRAUDULENT MISREPRESENTATION;
  • ANY BREACH OF THE OBLIGATIONS IMPLIED BY THE CONSUMER PROTECTION REGULATIONS APPLICABLE TO YOUR COUNTRY OF RESIDENCE;
  • ANY DELIBERATE BREACHES BY US OF THESE TERMS AND CONDITIONS THAT WOULD ENTITLE YOU TO TERMINATE THE CONTRACT; OR
  • ANY OTHER MATTER FOR WHICH IT WOULD BE ILLEGAL FOR US TO EXCLUDE OR ATTEMPT TO EXCLUDE OUR LIABILITY.

• WITHOUT PREJUDICE TO ANYTHING ESTABLISHED BY THE APPLICABLE REGULATIONS, WE WILL NOT BE RESPONSIBLE FOR ANY DELAY OR BREACH OF ITS OBLIGATIONS DERIVED FROM THESE CONDITIONS IF SUCH BREACH IS ATTRIBUTABLE TO THIRD PARTIES OR TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL. WE WILL ONLY BE RESPONSIBLE FOR DAMAGES YOU MAY SUFFER WHEN SUCH DAMAGES ARE DUE TO OUR DIRECT WILLFUL OR NEGLIGENT ACTION.

• WE ARE NOT RESPONSIBLE FOR ANY DAMAGES THAT MAY ARISE FROM (I) INTERRUPTIONS, VIRUSES, BREAKDOWNS, INTERFERENCE, OMISSIONS OR DISCONNECTIONS OF THE ELECTRONIC SYSTEM, THE COMMUNICATIONS SYSTEM OR ITS EQUIPMENT FOR REASONS BEYOND ITS CONTROL; (II) DELAYS OR BLOCKAGES IN THE USE OF THE WEBSITE DUE TO DEFICIENCIES OR OVERLOADS IN THE INTERNET, IN LINES OR IN ELECTRICAL OR COMMUNICATION SYSTEMS; OR (III) FROM THE WRONGFUL ACTS OF THIRD PARTIES OUTSIDE THE CONTROL OF THE SELLER OR SAMSUNG.

• WE WILL NOT BE LIABLE FOR LOSSES THAT RESULT FROM OUR FAILURE TO COMPLY WITH THESE TERMS AND CONDITIONS THAT FALL INTO THE FOLLOWING CATEGORIES:
  • LOSS OF INCOME OR REVENUE;
  • LOSS OF BUSINESS;
  • LOSS OF PROFITS;
  • LOSS OF ANTICIPATED SAVINGS;
  • LOSS OF DATA;
  • WASTE OF MANAGEMENT OR OFFICE TIME OR
  • INDIRECT, CONSEQUENTIAL OR SPECIAL LOSS OR DAMAGE.

• THIRD PARTY PRODUCTS, SOFTWARE OR SERVICES ARE PROVIDED “AS IS”, "WHERE IS" AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND. SAMSUNG AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OR GUARANTEES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, REGARDING THE THIRD PARTY PRODUCTS, SOFTWARE OR SERVICES, AND TO THE EXTENT PROHIBITED BY LAW, SPECIFICALLY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE PREVIOUS DISCLAIMER, SAMSUNG AND ITS LICENSORS DO NOT REPRESENT, WARRANT OR GUARANTEE THAT THE THIRD PARTY PRODUCT, SOFTWARE OR SERVICES WILL (I) BE COMPATIBLE WITH YOUR HARDWARE OR SOFTWARE, (II) OPERATE IN AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE MANNER, (III) WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS OR ERRORS, INCLUDING BUT NOT LIMITED TO VIRUSES, INTERFERENCES, CORRUPTION OR OTHER SECURITY INSTRUCTIONS, OR (IV) WILL BE SECURE OR IMMUNE (INCLUDING THE CONTENT DELIVERED TO YOU OR THE INFORMATION YOU PROVIDED) FROM HACKING OR OTHER UNAUTHORIZED ACCESS.

• TO THE EXTENT PROHIBITED BY LAW, IN NO EVENT SHALL SAMSUNG OR ITS LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF SAMSUNG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, NEGILIGENCE, PERSONAL INJURY, PRODUCT LIABILITY, INFRINGEMENT OR ANY OTHER THEORY, REGARDLESS OF WHETHER OR NOT SAMSUNG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIM YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT SAMSUNG WOULD BE REQUIRED TO INDEMNIFY SUCH PARTY FOR ANY CLAIM. IN NO EVENT SHALL SAMSUNG’S AGGREGRATE LIABLITY TO YOU UNDER THIS AGREEMENT EXCEED THE PURCHASE PRICE OF THE APPLICABLE CONTENT. SAMSUNG HAS NO LIABILITY FOR ANY OF YOUR DATA THAT IS LOST OR CORRUPTED THROUGH USE OF THE THIRD PARTY SOFTWARE OR SERVICES; YOU ARE RESPONSIBLE FOR MAINTAINING BACKUPS OF YOUR DATA.

10. 10. Written Communications

• Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

11. 11. Notifications

• All formal notices given by you to us must be given in writing to the Seller and/or Samsung by any of the means indicated in these Conditions.

• We may give notice to you via e-mail as provided to us by you when placing an order, or in any of the ways specified in ‘Written Communications’ above.

• Notice will be deemed received and properly served immediately when (i) posted on our Website or, (ii) in case of an e-mail, 24 hours after an e-mail is sent to the specified e-mail addresses established in the order.

12. 12. Transfer of rights and obligations

• The Contract between you and us is binding on you and us and on our respective successors and assignees.

• You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.

• We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

13. 13. Force Majeure

• We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control (“Force Majeure Event”).

• A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
  • strikes, lock-outs or other industrial action;
  • civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  • fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
  • impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
  • impossibility of the use of public or private telecommunications networks
  • the acts, decrees, legislation, regulations or restrictions of any government; and
  • pandemic, epidemic or other similar cases in which human health is endangered..

• Our performance under the Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

14. 14. Waiver

• If we fail, at any time during the term of the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

• A waiver by us of any default will not constitute a waiver of any subsequent default.

• No waiver by us of any of these Terms and Conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with 'Notices' above.

15. 15. Severability

• If any of the provisions, either in part or in full, of this Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable or invalid, such provision shall be enforced to the maximum extent possible or permissible and this Terms and Conditions will be adjusted, if possible, so as to give maximum effect to the original intent and economic effect of the parties with respect to the unenforceable provision and the remaining portions of this Agreement shall remain in full force and effect.

16. 16. Our right to vary these terms and conditions

• You aknowledge and agree that we have the right to revise and amend these Terms and Conditions from time to time by posting them on our Website.

• You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms and Conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the Terms and Conditions, unless you notify us to the contrary within seven working days of receipt by you of the Product(s)).

17. 17. Our Website

• Samsung owns or is a licensed user of all intellectual property rights in our Website and all material and content on our Website. You may use this site and the materials and content on our Website for personal, non-commercial use only. All other use or reproduction of our Website or materials or content on our website is strictly prohibited.

• Our Website are provided on an 'as is' and 'as available' basis without any representation made and we make no warranties of any kind, whether express or implied, in relation to our Website. We make no warranty that our Website will meet your requirements or will be uninterrupted, timely or error-free or that our Website or the server that makes it available are free of viruses or bugs.

• While we endeavour to ensure that our Website is normally available 24 hours a day, we will not be liable if for any reason our Website is unavailable at any time or for any period. Access to our Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control as set out above.

18. 18. Data protection and privacy

• Our data protection and privacy rights are set out in our Privacy Policy.

19. 19. Third Party Rights

• A person who is not party to these Terms and Conditions or the Contract shall not have any rights under or in connection with them.

20. 20. Governing law

• These Terms and Conditions are governed by the applicable laws of the country or territory where you reside (hereinafter “the Country”), without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts of the Country.

21. 21. Entire Agreement

• These Conditions (if applicable, subsequent versions or modifications) and the documents expressly mentioned in them constitute the entire agreement.

22. 22. Contact us

• For more information, please Contact Us.