Terms and Conditions of Sales
Terms and Conditions applicable to the sales of Samsung products on Samsung.com/pk
1. AGILITY LOGISTICS (PRIVATE) LIMITED (“Agility”); and/or
2. ROCK MARS INDUSTRIES (PRIVATE) LIMITED (“Rockmars”)
1.3. In this agreement, “Samsung” means Samsung Gulf Electronics FZE (“Samsung”, or “we”, “us”, “our”).
2. Conditions of Use of Website
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.
3.3. 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 (1) fulfilled and performed by Agility as an independent, non-exclusive distributor of Samsung in relation to the IM Products; and (2) fulfilled and performed by Rockmars as an independent, non-exclusive distributor of Samsung in relation to the CE Products.
4.2. Samsung’s obligations for such sales are limited to the extent of facilitation and coordination.
4.3. All sales-related obligations for IM Products are borne by Agility while all sales-related obligations for CE Products are borne by Agility Rockmars. All problems with sale, delivery, payments and Exchanges are, therefore, the obligations of Agility/Rockmars (as the case may be). 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 in the case of IM Products shall be with Agility and in the case of CE Products shall be with Rockmars, as the case may be, and not with Samsung.
4.5. Any sales of products shall be subject to availability.
5. Shipping Policy
5.1. In the case of IM Product, Agility and in the case of CE Products, Rockmars will deliver products to valid shipping addresses located within Pakistan only.
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 firstname.lastname@example.org Samsung will endeavor to have your complaint resolved by taking it up with Agility/Rockmars (as the case may be).
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 without prejudice and without limiting any other rights or remedies that Agility or Rockmars (as the case may be) may have:
a. Agility/Rockmars (as the case may be) will remain entitled to payment in full for the products shipped to your delivery address, including shipping costs incurred; and
b. Agility/Rockmars (as the case may be) 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
6.2. 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 email@example.com. Samsung will assist you in performing 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/ [B1] ],
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 firstname.lastname@example.org. 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/Rockmars 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.
6.10. 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 or Smart TV, 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 or Rockmars 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 or Rockmars 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 or Rockmars 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.[B2] [B3]
7. Products Subject to Additional Terms and Conditions
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/. [B5] For warranty claims, your rights are restricted against the authorized warranty services providers and no additional claims may be made against Samsung, Agility, Rockmars or the manufacturer.
8. Your Representations and Warranties
8.1. By accessing and using the Website, you represent and warrant that:
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
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/Rockmars (as the case may be) to purchase from Agility/Rockmars (as the case may be) such products and services. You are deemed to make an offer to Agility/Rockmars (as the case may be) to purchase from Agility/Rockmars (as the case may be) 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/Rockmars, 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/Rockmars.
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.
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 or Rockmars 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, Rockmars 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
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
17.2. You further acknowledge and agree with Samsung/ Agility /Rockmars 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, Rockmars 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.
18.1. 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, ROCKMARS AND SAMSUNG TO THE FULLEST EXTENT PERMITTED BY LAW.
18.2. NEITHER AGILITY NOR ROCKMARS 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, ROCKMARS 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, ROCKMARS 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/ROCKMARS. SAMSUNG IS ALSO NOT LIABLE OR THE WARRANTY SERVICES WHICH ARE TO BE PROVIDED BY WARRANTY SERVICE PROVIDERS.
20. General Provisions
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.