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Terms and Conditions of Sales


Terms and Conditions applicable to the sales of Samsung products on Samsung.com/pk

 

The following terms and conditions (“Terms of Use”) constitute a binding agreement between you and AGILITY LOGISTICS (PRIVATE) LIMITED (“Agility”).

 

The following Terms of Use apply to your use of the website Samsung.com/pk/ (the “Website”) as well as the offer by you and the acceptance of the said offer and the resulting contract between Agility and you of any Samsung products listed for sale on the Website.  

 

PLEASE ENSURE THAT YOU READ THESE TERMS OF USE CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS AND RESPONSIBILITIES.

 

1.       Agreement

 

1.1.    These Terms of Use constitute a binding agreement between: (i) you and Samsung, regarding your access and use of the Website, all content and material available on or through the Website; and (ii) you and Agility for your purchase of any products or service or placement of any order through the Website.  

 

1.2.    In addition, by agreeing to these Terms of Use, you are also agreeing to the collection of personal information through the Website in accordance with these Terms of Use and Samsung Privacy Policy available at http://www.samsung.com/pk/info/privacy/.

 

1.3.    In this agreement, “Samsung” means Samsung Gulf Electronics FZE (“Samsung”, or “we”, “us”, “our).

 

2.       Conditions of Use of Website

 

2.1.       By using the Website, and each time you use the Website, you are accepting and agreeing to be bound by these Terms of Use. If you do not agree with these terms, then you may not use or visit the Website.

 

2.2.       We may, in our sole discretion, revise these Terms of Use at any time without an advance notice to you by posting the revised Terms of Use on the Website.  It is your responsibility to regularly review these Terms of Use.  If you use the Website after we make any changes, you will be accepting the changes and agreeing to be bound by the revised Terms of Use.

 

2.3.       If you place an order on our Website, you will be bound by the Terms of Use posted on the Website at the time you place such order. Your order will be deemed to have been placed at the time you complete our online checkout process.

 

2.4.       You may use the Website only if: (i) you have reached the age of majority in accordance with the laws of Pakistan; and (ii) have legal capacity to enter into a legal agreement; and (iii) you are purchasing products for an address within the Islamic Republic of Pakistan (“Pakistan”) only. Your use of the Website must comply with all applicable laws, and it is your responsibility to determine whether your use of the Website is legal.

 

 

 

 

3.       User Accounts

 

3.1.       To access some features of the Website, you can use your Samsung account log-in details, if you don’t have a Samsung account you may be required to register for a new user account with Samsung (“Samsung Account”). Alternatively, you may use the Website as a guest. 

 

3.2.       These Terms of Use supplement the Samsung Account Service Terms & Conditions available at https://account.samsung.com/membership/terms. The Samsung Account Service Terms & Conditions form an integral part of these Terms. In the case of any inconsistency or conflict between these Terms of Use and the Samsung Account Service Terms & Conditions, these Terms of Use shall prevail. 

 

3.3.       You are solely responsible for the activity that occurs in your user account, and it is your responsibility to keep your account password secure. 

 

3.4.       You agree to immediately notify Samsung of any breach of security or any unauthorized use of your user account.  We will not be liable for any losses arising from any unauthorized access to or use of your account.

 

4.       Sale of Products

 

4.1.    The sales of Samsung products through the Website are facilitated by Samsung but fulfilled and performed by Agility as an independent, non-exclusive distributor of Samsung.

 

4.2.    Samsung’s obligations for such sales are limited to the extent of facilitation and coordination.

 

4.3.    All sales-related obligations are borne by Agility. All problems with sale, delivery, payments and Exchanges are, therefore, the obligations of Agility. Samsung will endeavour to help and support the customer in this regard but takes no liability.

 

4.4.    By purchasing any products or placing any order on the Website, you recognise that your buyer-seller relationship shall be with Agility and not with Samsung.

 

4.5.    Any sales of products shall be subject to availability.

 

 

5.       Shipping Policy

 

1.1.       Agility will deliver products to valid shipping addresses located within Pakistan only.

 

5.2.       Agility will deliver the products you purchase to the delivery address in Pakistan you specify when placing your order. Risk to any product purchased by you will pass to you once the products are delivered to the delivery address specified in your order. Title to such products will pass to you once your payment for the said product is complete. Except as otherwise provided in these Terms of Use, you accept all risk of loss, theft or damage to the products you purchase once they have been delivered to the delivery address specified in your order.

 

5.3.       If you do not receive your order within the estimated delivery time specified in your shipping confirmation email, you should contact Samsung at the toll free number 0800 – 726-786 or at estore.pk@samsung.com Samsung will endeavor to have your complaint resolved by taking it up with Agility.

 

5.4.       If you refuse or fail to accept delivery of any products you order, with the exception of refusals related to visible carrier damages or due to any of the reasons stated in the Exchange Policy set out below, any risk of loss, theft or damage will nonetheless pass to you, and not limiting any other rights or remedies Agility has:

 

a.       Agility will remain entitled to payment in full for the products shipped to your delivery address, including shipping costs incurred; and

 

b.      Agility may effect delivery by whatever means it considers appropriate, and you will be liable for all additional costs incurred as a result of such refusal or failure to accept delivery. 

 

6.       Exchange Policy

 

6.1.       Exchange for the purposes of these Terms of Use shall mean the provision of a substitute but identical unit of the same model and description as was originally purchased/delivered unless for some unforeseen reasons the replacement is not available (“Exchange”).

 

6.2.       No cash refunds, returns of a product or any exchanges except the Exchange mentioned herein will be allowed. In addition to rights you may have under applicable law, you may request to Exchange the product with an identical product within seven (7) Days from the date you receive it if:

 

a.       the product is accompanied by all original packaging, manuals, accessories, free items and other components or parts that accompanied the product when it was delivered; and

b.      the product is dead or otherwise suffers from a manufacturing defect, noticed upon delivery.

 

6.3.       Subject to applicable law, Exchange requests made after the seven (7) days period will not be accepted.

 

6.4.       If your product appears to be damaged or suffering from a manufacturing defect, please contact Samsung at the toll free number 0800 – 726-786 or at estore.pk@samsung.com. Samsung will assist you in performing a diagnostics check.

 

6.5.    To request the Exchange you should visit the authorized service centers listed in the following link  https://www.samsung.com/pk/support/service-center/ ],  

 

6.6.       You must provide valid photo identification and your original receipt to Exchange your product

 

6.7.       Upon receipt of your product, please ensure that you inspect its condition carefully. Should you find the product is damaged, identify a short or over-shipment and/or suspect part of the goods have been lost, please contact Samsung at the toll free number 0800 – 726-786 or at estore.pk@samsung.com. If the external carton of the product shows any sign of damage (e.g. scratches, tears, stains, etc.), tampering (e.g. open product, broken seals, re-taped, etc.) or abuse, PLEASE INDICATE ON THE WAYBILL THAT THE PRODUCT IS DAMAGED AND REFUSE THE SHIPMENT. Neither Agility nor Samsung shall in any way be responsible for any damage, tampering or abuse not noted once a product shipment has been accepted.  

 

6.8.       Upon receipt of your product, if you suspect that it may have been damaged at the time of delivery, but decide to accept it, you cannot make any claims subsequently and you will be deemed to have waived claims in this regard.

 

6.9.       With respect to any freight damage claims made in accordance with this section of these Terms of Use, your Exchange request will be accepted only if the damage is reported immediately upon delivery, and the package is not moved from its original “ship to” location. Please include all parts, original shipping box and packing material with the product.

 

 

6.10.    As part of the Exchange process, we want to address your privacy concerns. Before you Exchange any product, it is your responsibility to delete any confidential, proprietary, or personal information, including de-activating your Google ID and any other accounts associated with the product, and removing all data and content stored on the product. If the product you purchased is a phone, please wipe your device clean of your personal information, prior to the Exchange, by doing the following:

a.          Go to Settings Menu

b.         Select General Management

c.          Select Reset

d.         Select Factory Data Reset

e.         Select Reset Device (Device requires end user pattern/pin code)

f.           Select Erase Everything

 

6.11.    Please ensure you have saved your information before wiping the device clean. Subject to applicable law, Samsung or Agility will not be responsible in any way for any loss, disclosure of or damage to any data or content stored on the product, and Samsung or Agility will not in any way be responsible for returning any data or content stored on the product back to you.

 

6.12.    Wireless service providers have different policies for the cancellation of their services. You are solely responsible for any service fees associated with your product. Samsung or Agility will not be responsible in any way for any amounts, fees, or charges of any kind (including termination charges) associated with your wireless service provider. It is your responsibility to contact your wireless service provider for information about its policies.

 

7.       Products Subject to Additional Terms and Conditions

 

7.1.       The purchase of any Samsung product is subject to additional terms and conditions found at: http://www.samsung.com/pk/support/warranty.

 

7.2.    A limited warranty is normally applicable to your product and can be availed through one of the authorized warranty service providers in your jurisdiction. A list of the authorized service centers is available at https://www.samsung.com/pk/support/service-center/. For warranty claims, your rights are restricted against the authorized warranty services providers and no additional claims may be made against Samsung, Agility or the manufacturer.

  

8.       Your Representations and Warranties

 

8.1.       By accessing and using the Website, you represent and warrant that:

 

a.          you are the age of majority where you live and have legal capacity to enter into and accept these Terms of Use;

b.         all information you provide through the Website is true, accurate and complete;

c.          you accept full responsibility for all charges, duties, fees and taxes and any other financial liability resulting from your use of the Website or your user account; and

d.         you consent to the collection, use, storage, transmission, across-borders transmission and disclosure of the personal information that you provide through the Website in accordance with the terms set out in our Privacy Policy.

 

9.       Offer, Order Placement, and Acceptance

 

9.1.       The products and services advertised, listed or described on the Website are invitations to you to make offers to Agility to purchase from Agility such products and services. You are deemed to make an offer to Agility to purchase from Agility the products or services referenced in your order upon submitting an order to us via the online checkout process. 

 

9.2.       Your offer is accepted when you receive an email from Agility, confirming the acceptance of your offer and communicating a delivery date. A valid, enforceable contract is not formed till your offer has been expressly accepted by Agility.

 

10.   Ownership of Website

 

10.1.    Samsung owns or licenses all intellectual property rights in and to the Website and its content, including without limitation copyright and trademark rights, information, scripts, icons, presentation, arrangements, video and audio, graphic and graphical elements on the Website (the “Content”).  Your use of the Website does not entitle you to any ownership or other rights or interests in or to the Website or the Content.  The Website and the Content are protected by the applicable laws and international copyright, trademark and other laws. 

 

10.2.    You agree not to link, make reference to, use, reproduce, republish or re-disseminate any Content including any of our icons, logos or trademarks without our prior written consent.

 

11.   Trademarks

 

11.1.    Nothing appearing on the Website or in these Terms of Use grants to you the right to use the names, designs, trademarks or logos appearing on the Website (the “Marks”).  The Marks are the registered or unregistered trademarks, service marks, tradenames and logos owned or licensed by Agility or Samsung. All use, duplication, publication, modification or dissemination of the Marks by you is prohibited.

 

12.   Links

 

12.1.    The Website may provide links and references to other websites that are owned and operated by third parties.  We do not sponsor or endorse any information, products, goods or services contained in or offered through any of the linked websites.  These third party sites are not maintained, operated or controlled by Samsung or Agility and we provide no representation or warranty regarding these linked websites.  You assume sole liability for the access or use of such third party sites and content.

 

13.   Errors, Product Availability, Pricing Information and Orders

 

13.1.    We strive to ensure current and accurate information on our Website. However, due to changing market conditions and competition, misprints, omissions or other errors may sometimes occur, including, but not limited to, incorrect prices and/or specifications for products. Neither Agility nor Samsung guarantee that products and services advertised on the Website will be available when viewed or upon subsequent visit to a retail location or thereafter.

 

13.2.    We endeavor to provide our customers with an agreeable solution to their shopping needs. However, we do not warrant that the content of the Website including, without limitation to, product descriptions, pricing or photographs, is accurate or complete.

 

13.3.    We reserve the right to revoke any stated offer on our Website, and to correct any omission, error or inaccuracy, including after an online order has been submitted, whether or not the online order has been confirmed or your payment has been processed, as permitted by law.

 

14.   Changes to Website Content, Offers or Orders

 

14.1.    Samsung, at all times, reserves the right to:

 

a.       correct any error, inaccuracy or omission in Website content at any time without prior notice or liability to you or any other person;

b.      change at any time the products and services advertised or made available for sale on the Website, the prices, fees, charges and specifications of such products and services, any promotional offers and any other Website content without any notice or liability to you or any other person;

c.       limit quantities available for sale or sold; and

d.      reject, correct, cancel or terminate any order, including accepted orders, for any reason, including but not limited to:

                                          i.            if the product or service is not available;

                                        ii.            if we do not receive confirmation of your payment from the relevant payment processing company;

                                       iii.            if there has been a product or service pricing or description error, inaccuracy

                                      iv.            or omission; or

                                        v.            if you do not meet the eligibility criteria set out in these Terms of Use.

 

15.   Promotions

 

15.1.    You understand and agree that any promotional offers, as listed on the Website and in advertising, are limited time offers, may change at any time, and are subject to such additional terms and conditions that may be announced from time to time.

 

16.   Accuracy of Information

 

16.1.    It is your responsibility to ensure that all information that you provide through the Website is accurate, complete and up-to-date, including information required to open a user account, payment information (credit card), contact information and all transaction information.  You will be solely responsible for any and all loss, damage, cost or expense that you or any other person may incur as a result of the provision of false, incorrect, misleading or incomplete information by you.

 

17.   Personal Information

 

17.1.    Samsung collects uses and discloses personal information about its customers in accordance with the terms of its Privacy Policy, which Samsung may amend or change without notice to you at any time at its discretion.  By accepting these Terms of Use, and each time you use the Website, you consent to the collection, use, storage, transmission, across-borders transmission and disclosure of your personal information on the terms set out in Samsung’s Privacy Policy.

 

17.2.    You further acknowledge and agree with Samsung/ Agility that you consent to the collection, use, storage, transmission, across-borders transmission and disclosure of your personal information including, without limitation, your name, address, email address, phone number, credit card and other financial information (“Personal Information”) that is gathered about you through the Website in connection with your purchase or placement of an order of any Samsung product (the “Purchase”) and the disclosure of your Personal Information to third parties who may further collect, use and disclose your Personal Information to enable Agility and Samsung, and any third parties and ancillary fulfillment service providers that  Samsung determine are necessary for the fulfillment of the Purchase, to attend to post-purchase matters including repairs and exchange. The foregoing includes, without limitation, collection for and disclosure of Personal Information to Samsung, third party payment service providers, and delivery services used to ship the Samsung product (collectively, the “Permitted Third Parties”) and the use of the Personal Information by the Permitted Third Parties to: (a) process the Purchase and payment of same, (b) bill and collect money owed in relation to the Purchase, (c) deliver the product to you, (d) communicate with you whether directly or indirectly regarding your Purchase and advise you of other products and services that are available or may be available in the future, (e) provide you with effective customer service, including but not limited to trouble-shooting or warranty service, and ask for feedback on same, (f) remit applicable taxes, and (g) comply with legal and regulatory requirements (collectively the “Purposes”). By submitting your Personal Information you agree that the Permitted Third Parties may rely on the consents granted herein for the Purposes. You acknowledge and agree that your Personal Information may be transmitted to and stored outside Pakistan. By submitting your Personal Information you agree that the Permitted Third Parties may rely on the consents granted herein.

 

18.   Liability

 

18.1.    YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR OWN RISK.  THE WEBSITE AND CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATED TO ACCURACY, ACCESSIBILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE DISCLAIMED BY EACH OF AGILITY AND SAMSUNG TO THE FULLEST EXTENT PERMITTED BY LAW.

 

18.2.    NEITHER AGILITY NOR SAMSUNG REPRESENT THAT THE WEBSITE OR THE CONTENT CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

18.3.    THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOLLOWING EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. AGILITY AND SAMSUNG, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES, OR DAMAGES RESULTING FROM ANY (1) ERRORS OR OMISSIONS IN CONTENT, (2) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR YOUR ACCOUNT AND/OR ANY AND ALL PERSONAL INFORMATION AND OR FINANCIAL INFORMATION STORED THEREIN, (3) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, OR (4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY.  THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE LEGAL THEORY GIVING RISE TO THE DAMAGES (INCLUDING CLAIMS FOR NEGLIGENCE OR GROSS NEGLIGENCE), AND EVEN IF AGILITY AND SAMSUNG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. 

 

18.4.    SAMSUNG IS NOT LIABLE FOR ANY ISSUES ARISING FROM THE SALE OF THE PRODUCTS TO YOU BY AGILITY. SAMSUNG IS ALSO NOT LIABLE OR THE WARRANTY SERVICES WHICH ARE TO BE PROVIDED BY WARRANTY SERVICE PROVIDERS.

 

19.   Termination

 

19.1.    We may, at our discretion, change, discontinue, modify, restrict, suspend or terminate the Website or any part of it any time without notice or liability to you or any other person.  We may also, at our discretion and for any reason, terminate these Terms of Use or your permission to access and use the Website without any notice or liability to you or any other person.

 

19.2.    If your permission to use the Website is terminated for any reason, the remaining terms of these Terms of Use shall remain in full force and effect.  The termination of these Terms of Use or the revocation of your rights to use the Website, shall not affect the enforceability of any other agreement between you and Agility and/or Samsung.

 

20.   General Provisions

 

20.1.    These Terms of Use do not replace and are in addition to any other agreement you may have with Agility and/or Samsung.

 

20.2.    You acknowledge and agree that products, goods and services purchased or obtained through the Website, are subject to additional terms and conditions including, but not limited to, terms and conditions respecting payment of amounts due, purchase price, fees, and taxes and you agree to abide by all such terms and conditions.

 

20.3.    The invalidity or unenforceability of any provision of these Terms of Use shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Terms of Use shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

 

20.4.    Any delay, omission or failure by Agility and/or Samsung to exercise its rights, powers or remedies under these Terms of Use shall not constitute a waiver by Agility and/or Samsung of those rights, powers or remedies.

 

20.5.    To the fullest extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms of Use or any matter related to these Terms of Use will be governed by and construed in accordance with the laws applicable therein, without giving effect to any choice of law or conflict of law terms or provisions that would cause the application of any other jurisdiction’s laws. The parties hereby consent to exclusive jurisdiction and venue of the courts located in Pakistan in any action to enforce (or otherwise relating to) these Terms of Use or the use of the Website.

 

20.6.    You may not assign these Terms of Use or assign any rights or delegate any obligations under these Terms of Use.

 

 

 

20.7.    Subject to any other agreement you have entered into with us, these Terms of Use and any other notices or statements posted on the Website constitute the entire agreement between us concerning the use of the Website, including the Content.  These Terms of Use supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Agility and/or Samsung with respect to the Website and Content.