(Version 1, 16 April 2018)
1. In these terms, "we", "us", "our" or " Samsung SDS Malaysia Sdn. Bhd" means Samsung SDS Malaysia Sdn. Bhd. (958761-v), a corporation organized and existing under the laws of Malaysia and having its registered place of business at Unit 3-1, Level 3, Tower 2A, UOA Business Park, No.1, Jalan Pengaturcara U1/51A Seksyen U1, 40510 Shah Alam, Selangor Darul Ehsan. We operate the Samsung estore ("online store") through its website ("site") in accordance with these terms.
2.1. Samsung may from time to time, and in its absolute discretion, offer discounts on a product featured in its Online Store ("Product"), or on a range or category of Products, to current or newly-accepted full time or part time students and employees of eligible, accredited educational institutions in Malaysia (including schools, universities and colleges) who have a valid Malaysian educational email address as recognised by Samsung (each an "Eligible Customer"). Educational institutions are not Eligible Customers. Samsung may, in its absolute discretion and at any time, either temporarily or permanently withdraw the offer discounts provided to Eligible Customers. The decision as to who is an Eligible Customer for the purposes of these Terms is in Samsung’s absolute discretion.
2.2. If you are an Eligible Customer and you wish to purchase a discounted Product offered on the Online Store, you must:
2.2.1. Establish a Samsung Account using your valid Malaysian educational email address ending in edu.my as recognised by Samsung as the nominated email address for your account;
2.2.2 Login to the Site, including by using your valid Malaysian educational email address as recognised by Samsung and Samsung Account password; and
2.2.3 Make a purchase in accordance with these Terms.
3.1. Any images or photographs of the products that we put on our site are for illustration only and actual products available for purchase in Malaysia may differ from that shown. We use reasonable endeavours to make sure the colours, sizes and details are displayed accurately but errors may occur. In addition, we cannot guarantee that the way in which your computer displays these colours or details accurately reflects the products made available by us. The products you receive may therefore vary slightly from those advertised.
3.2. Any packaging that we use to provide the products to you may vary from any packaging indicated on our site (where applicable).
4.1. Our order process will permit you to check the products you have ordered and amend any errors before submitting the order. Please ensure that you read through your order before submitting it.
4.2. Your order constitutes an offer by you to buy our products on these terms. You are deemed to have placed an order with us by ordering via our online checkout process. We will only accept your offer (and form the contract of sale) when we send you an email confirming your order (“purchase order”). These terms constitute the entire contract between us and you for the supply of products.
4.3. We may refuse to accept your order or reverse your order:
4.3.1. Where the product is not available;
4.3.2. Where we cannot obtain authorization for your payment;
4.3.3. If there has been a pricing or product description error (see clause 3.6 below); or
4.3.4. If you do not meet the eligibility criteria set out in clause 5 below.
4.4. The contract will only be formed when we send you an email that contains the purchase order. The parties to the contract are you and Samsung SDS Malaysia Sdn. Bhd.
4.5. The contract will relate only to those products whose dispatch we have confirmed in the purchase order. 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 purchase order.
4.6. All our products are subject to availability. if, for any reason, any or all of the products you have ordered are or become unavailable or there has been an error in the price on our site or the online store we will make reasonable efforts to notify you of this as soon as possible after becoming aware of it and advise you of the revised delivery dates. In such cases, if you have already paid for the products we will either notify you when the products will be delivered or refund you the amount paid as soon as reasonably possible.
6.1. By placing an order through our site, you warrant that:
6.1.1. You are legally capable of entering into binding contracts;
6.1.2. You are at least 18 years old;
6.1.3. Any information you provide to us is complete and accurate;
6.1.4. You are a resident in Malaysia;
6.1.5. You are accessing our site from Malaysia; and
6.1.6. You are purchasing products in your individual capacity for personal and domestic, non-commercial use.
7.1. We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products you purchase from third party sellers through our site, 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. You acknowledge that Samsung SDS Malaysia Sdn. Bhd is not responsible for the availability of, and does not endorse the content of, links to external third party websites. This disclaimer does not affect your statutory rights against the third party seller.
7.2. You acknowledge that Samsung SDS Malaysia Sdn. Bhd is not liable for any loss or damage that you may suffer as a result of the availability of, or your access to, any external links, including as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such external links.
9.1. We will use a courier service to deliver the products to you.
9.2. The date of dispatch listed on the purchase order is the estimated date of dispatch as is reasonably estimated by us.
9.3. Delivery of the products does not normally include installation unless we expressly specify otherwise for a product on our site.
9.4. We will be deemed to have delivered the product(s) to you when we deliver them to the address you gave us when placing the order or signing up to our online store.
9.5. Within a reasonable time after delivery, we will send you an email to advise that the products have been successfully delivered to the address you gave us.
11.1. The price of the products will be as quoted on our site from time to time, except in cases of obvious error. Product prices include SST at the current rates. Unless specified otherwise, the price quoted on our site for products does not include delivery charges.
11.2. Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a purchase order.
11.3. Payment for all products must be made either by online payment, credit card, debit card and is collected by Samsung SDS Malaysia Sdn. Bhd.
14.1. You may have rights which cannot be excluded, restricted or modified. The exclusions of warranties, and the limitation of liability in clause 14 below, apply subject to any rights you may have under such laws.
14.2. You expressly understand and agree that your access to and use of the site is at your sole risk and that the site is provided "as is" and "as available". In particular, Samsung SDS Malaysia Sdn. Bhd does not warrant to you that
14.3. Your access to and use of the site, including for the purpose of purchasing products through the online store, will meet your requirements (and you expressly acknowledge that you have relied on your own experience, skill and judgment to evaluate the site and products and that you are satisfied as to the suitability of the site and products to meet your requirements); or
14.4. Your access to and use of the site will be uninterrupted, error free, timely or secure.
14.4.1. Without limiting the foregoing, and to the extent permitted by law, all express and implied representations, conditions, warranties, guarantees or other provisions that are not contained in these terms (whether based in legislation, the common law or otherwise) are excluded, including any representations, conditions, warranties or guarantees as to acceptable quality, fitness for purpose or timeliness.
14.4.2. If any condition, warranty, guarantee or other provision is implied or imposed in relation to the contract (whether based in legislation, the common law or otherwise) and cannot be excluded (a "non-excludable term"), and Samsung is able to limit your remedy for a breach of such non-excludable term, then Samsung’s liability for such a breach of a non-excludable term is limited to one or more of the following, at Samsung’s option:
14.4.3. In relation to goods, the replacement of goods or the supply of equivalent goods, the repair of goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
14.4.4. In relation to services, the supplying of the services against or the payment of the cost of having the services supplied again.
15.1. We will be liable for a failure to comply with these terms where the breach is one that is contemplated by us both at the time that a contract is formed in respect of any particular product order and arises from our negligence but not where the loss or damage is not of a type which was contemplated at the time of the contract.
15.2. Subject to our or Samsung’s obligations under the non-excludable terms, nothing in these terms shall render us or Samsung (where applicable) liable to indemnify you in respect of any liability of any kind incurred by you to any other person but this is not an exclusion of any liability that may arise by virtue of a breach by us or Samsung (where applicable) of these terms or any negligence on our part or that of our employees or agents.
15.3. Subject to our or Samsung’s obligations under the non-excludable terms, we will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that was not reasonably foreseeable by both you and us when you commenced using the site or online store or when a contract was formed.
15.4. Nothing in these terms 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 law, or any other matter in respect of which it would be illegal for us to exclude, or attempt to exclude, our liability.
15.5. Subject to clause 14.4, we or Samsung will not be liable for losses that result from our failure to comply with these terms due to or arising from loss of income or revenue, loss of business, loss of profits, loss of anticipated savings, loss of data, or waste of management or office time.
18.1. Access to the site, including the online store, is permitted on a temporary basis, and we reserve the right to withdraw or amend the site without notice. We shall not be liable if, for any reason, the site is unavailable at any time or for any period.
18.2. From time to time we may restrict access by any one user, groups of users or all users to parts of the site and/or to our entire site without notice.
18.3. You must treat any user name, password or any other piece of information provided as part of our security procedures as confidential and not disclose it to any third party. We reserve the right to disable any user name or password, whether chosen by you or allocated by us, at any time, if (in our opinion) you fail to comply with these terms.
18.4. You are responsible for making all the arrangements necessary to have access to the site and the online store. You are also responsible for ensuring that persons who access the site and online store through your internet connection are aware of these terms and comply with them. Please notify us as soon as possible in writing if you become aware that activities on your account are unauthorized or you have become aware that your account details have been compromised.
18.5. While we will make reasonable efforts to ensure that the information on the site, including on the online store, is correct, the material displayed on it is provided without any guarantees, conditions or warranties as to its accuracy, including, but not limited to, information about the products and prices described on it.
18.6. The availability of the products which are the subject of your order will be determined by the product description displayed on the online store at the time of placing your order. We will make reasonable efforts to ensure that any product description is a fair representation of the actual products offered.
18.7. We reserve the right to suspend, modify or amend the site, including the online store and/or the products offered, at any time.