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/or
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Samsung, regarding your access and use of the Website, all content and material available on or through the Website
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Samsung’s following Distributors, for your purchase of any products or service or placement of any order through the Website (each a “Distributor” and collectively, the “Distributors”):
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MULLER & PHIPPS PAKISTAN (PVT) LIMITED (”M&P”); and/or
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ROCKMARS (PRIVATE) LIMITED (“Rockmars”)
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The following Terms of Use apply to (1) your use of the website Samsung.com/pk/ (the “Website”); and (2) the offer by you and the acceptance of the said offer and the resulting contract between M&P and you in respect of any Samsung Cellular Devices, Tablets and accessories (“MX Products”) listed for sale on the Website; and/or (3) the offer by you and the acceptance of the said offer and the resulting contract between Rockmars and you in respect of any Samsung Consumer Electronics (“CE 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.
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Agreement
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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 M&P, and/or Rockmars (as the case may be) for your purchase of any products or service or placement of any order through the Website.
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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/.
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In this agreement, “Samsung” means Samsung Gulf Electronics FZE (“Samsung”, or “we”, “us”, “our”).
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Conditions of Use of Website
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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.
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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.
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If you place an order on the 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.
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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.
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User Accounts
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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.
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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.
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You are solely responsible for the activity that occurs in your user account, and it is your responsibility to keep your account password secure.
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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.
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Sale of Products
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The sales of Samsung products through the Website are facilitated by Samsung but (1) fulfilled and performed by M&P, as an independent, non-exclusive distributor of Samsung in relation to the MX Products; and (2) fulfilled and performed by Rockmars as an independent, non-exclusive distributor of Samsung in relation to the CE Products.
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Samsung's obligations for such sales are limited to the extent of facilitation and coordination.
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All sales-related obligations for MX Products are borne by M&P, while all sales-related obligations for CE Products are borne by Rockmars. All problems with sale, delivery, payments and Exchanges are, therefore, the obligations of M&P or Rockmars (as the case may be). Samsung will endeavour to help and support the customer in this regard but takes no liability.
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By purchasing any products or placing any order on the Website, you recognise that your buyer-seller relationship in the case of MX Products shall be with M&P, and in the case of CE Products shall be with Rockmars, and not with Samsung.
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Any sales of products shall be subject to availability.
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Shipping Policy
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In the case of:
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MX Products, M&P, will deliver products to valid shipping addresses located within Pakistan only.
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CE Products, Rockmars will deliver products to valid shipping addresses located within Pakistan only.
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M&P/Rockmars (as the case may be) 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.
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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 M&P/Rockmars (as the case may be).
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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 M&P or Rockmars (as the case may be) may have:
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M&P/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
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M&P/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.
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Upon receipt of your product, please ensure that you inspect the condition of the package carefully before accepting the delivery. If the external packaging of the product shows any sign of tampering (e.g. open package, broken seals, re-taped, etc.), PLEASE INDICATE ON THE WAYBILL THAT THE PACKAGING IS DAMAGED AND REFUSE THE SHIPMENT. YOU MUST NOT ACCEPT DELIVERY IF THERE ARE ANY SUCH ISSUES. Please note that opening the package before accepting the delivery is strictly prohibited. If you open the package, it will be deemed that you have accepted the package, without any claim or complaint whatsoever. No claims regarding the accepted delivery will be entertained subsequently, and you will be liable for the price of the product.
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Neither M&P nor Rockmars nor Samsung shall, in any way, be responsible for any damage or tampering as detailed above.
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Upon receiving your product, you are strongly advised to record a video while unpacking the original packaging. This video will serve as evidence for any defects in parts or missing components not covered by warranty. To initiate a claim, customers should contact a Samsung Customer Service Centre at the earliest and in no case later than a maximum period of three (3) calendar days after delivery. Claims related to defects or missing parts will not be entertained if reported later than the stipulated period. The video should be of the first unpacking and should not be edited or recreated. Please note that without video evidence, claims may not be processed at all. Whether the video can be accepted as proper evidence will be judged by the relevant distributor or Samsung in its sole discretion.
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For further guidance, customers can reach out to Samsung via the toll-free number 0800 – 726-786 or email at estore.pk@samsung.com.
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Self-pick-up option: Customer can avail self-pick-up option on our eStore for Karachi and Lahore cities only, applicable on all smartphones, tablets, and accessories. No CE product is eligible for self-pick-up option.
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Payment under self-pick-up option can only be made through debit/credit card or bank transfer or through Mobile Wallets (see clause 10 below) either at the time of placing the order on the Website or at the designated collection point. Cash payment will not be accepted.
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Self-pick-up can only be done during working days of the week which are from Monday-Friday. Self-pick-up collection point will be designated by Samsung authorized distributor i.e. M&P. Customer is required to collect his order from the designated location only.
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Collection time for orders purchased through the card/bank transfer payment option are as follows:
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for Karachi it is from 12:00 pm till 4:00 pm (Monday- Friday) and
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for Lahore it is from 2:00 pm till 5:00 pm (Monday-Thursday) and 3:00 pm till 5:00 pm (Friday)
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Self-pick-up day, date and time will be communicated to the customer by Samsung Customer Support team.
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Without the confirmation of time and date to the customer by Samsung Customer Support team, product will not be handed over to the customer on walk-in basis.
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Customer is required to collect his order placed on the basis of self-pick-up option within one business day of the pick-up day, date and time communicated by Samsung Customer Support team. Failure to pick up the stock in designated timeline may lead to order cancellation by Samsung. In case the order is cancelled based on the above reason, customer payment will be refunded (if it’s a card order or bank transfer) within the standard refund process time frame.
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Where payment is to be made at the designated collection point, the Customer can select credit/debit card or bank transfer option for Self-pick-up only. Any other payment method including (but not limited to) pay-order, demand draft, cheque, cash will not be acceptable at the pick-up location. In case of card not working at the pick-up location, Samsung has the right to cancel customer’s order and refuse delivery.
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Express Delivery Option for MX Products:
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Express Delivery is only available in the city of Karachi as of now.
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Customer can avail the Express Delivery Option on the Website for MX Products only. CE Products are not eligible for the Express Delivery option.
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The product ordered via Express Delivery will be delivered within the next business day (Monday- Friday) after the order confirmation email (see clause 9.2 below), if the email is issued before 3pm; orders confirmed after 3pm will be delivered the business day following the next business day (except for unforeseen circumstances).
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Products ordered via Express Delivery can only be paid for through the Cash on Delivery payment option, no other payment option is available.
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The delivery charges for the Express Delivery option shall be displayed in your order summary when you opt for the Express Delivery and this amount will be paid in Cash on Delivery, in addition to the price of the ordered product.
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If the product is not delivered by the next day or the day after next (in case of orders confirmed post 3 pm) (except for unforeseen circumstances), the Express Delivery Charges shall stand waived as the customers only remedy for such delay.
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The product delivery will be subject to the availability of the product in the Karachi warehouse of M&P. If the product is not available, the order will not be delivered via Express Delivery option.
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If the delivery is not processed in time; no compensation will be paid by either Samsung or M&P, only the delivery charges will be waived (except for unforeseen circumstances). The order will be cancelled if the customer is not willing to receive the order due to delay in Delivery.
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Exchange Policy
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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”).
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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 the product is dead-on-arrival or otherwise suffers from a manufacturing defect, noticed upon delivery.
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Exchange will not be provided unless 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. Subject to applicable law, Exchange requests made after the seven (7) calendar days period will not be accepted.
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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 diagnostics check.
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To request an Exchange you should visit the authorized service centers listed in the following link https://www.samsung.com/pk/support/service-center/.
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You must provide valid photo identification and your original receipt to Exchange your product.
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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.
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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.
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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:
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Go to Settings Menu
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Select General Management
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Select Reset
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Select Factory Data Reset
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Select Reset Device (Device requires end user pattern/pin code)
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Select Erase Everything
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Please ensure you have saved your information before wiping the device clean. Subject to applicable law, Samsung or M&P 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 M&P or Rockmars will not in any way be responsible for returning any data or content stored on the product back to you.
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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 M&P 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.
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Products Subject to Additional Terms and Conditions
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The purchase of any Samsung product is subject to additional terms and conditions found at: http://www.samsung.com/pk/support/warranty.
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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, M&P, Rockmars or the manufacturer.
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Your Representations and Warranties
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By accessing and using the Website, you represent and warrant that:
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you are the age of majority where you live and have legal capacity to enter into and accept these Terms of Use;
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all information you provide through the Website is true, accurate and complete;
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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
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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.
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Offer, Order Placement, and Acceptance
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The products and services advertised, listed or described on the Website are invitations to you to make offers to M&P/Rockmars (as the case may be) to purchase from M&P/Rockmars (as the case may be) such products and services. You are deemed to make an offer to M&P/Rockmars (as the case may be) to purchase from M&P/Rockmars (as the case may be) the products or services referenced in your order upon submitting an order via the online checkout process.
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Your offer is accepted when you receive an email from Samsung/M&P/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 M&P/Rockmars and communicated.
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Payment
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There are multiple options available to make payments to the respective Distributor on the Website:
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Cash on delivery (“COD”)
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Payment through debit/credit cards
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Automated Bank Transfer (via 1Bill Invoice)
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Bank Transfer
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Pay via Alfa Installments
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Mobile Wallet
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COD: All payments made for the purchase of MX and CE Products through the COD method will be collected by the courier agency/delivery agency at the time of delivery and will be for the ultimate credit of the relevant Distributor. COD option is available for orders of the value of less than Rs. 500,000 on all MX products. For CE products, COD service is available on orders of any value without upper limit.
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Payment through the debit/credit card option on the Website: All payments made for the purchase of MX and CE Products through the debit/credit card method will be collected by M&P for the ultimate credit to the relevant Distributor. For debit/credit card payment, the limit for all Samsung products is up to Rs. 1,000,000.Please note that neither Samsung nor the Distributor takes any responsibility for the misuse of your card on the Website.
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Bank Transfer: All payments made for the purchase of MX and CE Products through the Bank Transfer method will be collected by M&P for the ultimate credit to the relevant Distributor.
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Automated Bank Transfer (via 1Bill Invoice): All payments made for the purchase of MX and CE Products through the Automated Bank Transfer method will be collected by M&P for the ultimate credit to the relevant Distributor. Customers can pay via Automated Bank Transfer subject to the limit imposed by each bank and account type.
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Pay via Alfa Installments: All payments made for the purchase of MX and CE products through the Alfa Installments method will be collected by M&P for the ultimate credit to the relevant Distributor. Product value should be equal or above PKR 10,000. Customers can pay via Alfa installments applicable only on Bank Alfalah credit cards as per the separate terms and conditions specified by the installments provider, without any liability to Samsung or its Distributors:
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Mobile Wallet: All payments made for the purchase of MX and CE products through the Mobile Wallet method will be collected by M&P for the ultimate credit to the relevant Distributor. On the Samsung Website, customers can pay via four types of Mobile Wallets, Easy Paisa, Jazzcash, HBL Konnect and Alfa (“Mobile Wallet Banks”), depending upon the limitations imposed by each Mobile Wallet Bank.
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In no case, any payment through any of the above methods is made to Samsung or is ever received by Samsung. As such Samsung shall not be liable for any payment dispute. All payment disputes shall be between you and the relevant Distributor or the relevant payment services provider, as the case may be.
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If you select the COD option, please ensure that you comply with the COD limits as mentioned in the frequently asked questions section of the Website. In case your order exceeds the limits prescribed in the aforesaid section, the respective Distributor retains the right to cancel your order.
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If you select the option to pay through your credit/debit card, please ensure that you comply with the additional terms issued by your bank and the issuer of the card for the use of the selected card. Any payment lost in transit and not credited to M&P will be at the customer’s sole risk.
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Upon selection of bank transfer option, your order will only be confirmed once you have successfully completed the following steps:
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You must make the payment within 6 hours of placing an order on the website. Upon failure to make the payment within 6 hours, your order will be cancelled and no claims will be accepted in this regard. The account details of the respective Distributor will be communicated to the customer via email upon order placement. Please ensure that the payment is transferred to the correct authorized Distributor, i.e., M&P or Rockmars. If the payment is made to a wrong account (or the wrong Distributor), Samsung will not be liable in any regard.
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Proof of Payment (Amount Transfer Screenshot only) along with your Order ID should be sent on 0332-7267864 or samsung.estore@ptclgroup.com within 6 hours of order placement.
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The sent proof of payment will be confirmed within 1-2 Business Days. Once it has been confirmed, you will get a call to confirm your order. The Order will be deemed to have been placed on the day that a valid proof of correct payment is received. The Order will stand accepted/confirmed only when a confirmation call is made and a delivery date is communicated to you by Samsung Customer Support team.
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Only online account transfer from your account to the relevant authorized distributor’s account is acceptable. No cheques, deposit slips or any other modes of payment will be accepted.
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Only full payment via bank transfer in one single transaction is acceptable for verification purposes. Partial payments or payment using multiple accounts is not acceptable.
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Before placing an order, please check the overall account balance, single transaction limit, and total transaction limit from your respective bank.
If any of the above steps are not fully complied with, your order may be automatically cancelled. Any payment lost in transit and not credited to M&P will be at the customer’s sole risk. -
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Upon selection of Automated Bank Transfer option, your order will only be confirmed once you have successfully completed the following steps:
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A tile will appear beneath the Automated Bank Transfer option where you will be required to enter your valid mobile number.
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After entering your valid mobile number, you will be redirected to the Samsung order completed page, where a Token ID number will be displayed.
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Once you have received the Token ID number, you will then be required to login into your bank account.
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Once you have logged in to your bank account, depending on the application you are using, please use the 1Bill Invoice payment option for your Token ID number (that you received on the Samsung order completed page), to complete your payment.
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You are required to complete the payment process within one (01) hour after receiving the Token ID number. If you do not make the payment within one (01) hour, the order will automatically be cancelled, and Samsung shall not be liable in this regard.
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If your order is cancelled, Samsung shall share an order cancellation email with you.
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Before placing an order, please check the overall account balance, single transaction limit, and total transaction limit from your respective bank.
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If any of the above steps are not fully complied with, your order may be automatically cancelled. Any payment lost in transit and not credited to M&P will be at the customer’s sole risk.
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The use of any payment method (including this Automated Bank Transfer) is at the customer’s risk and cost. The customer is obligated to ensure that it used the correct Token ID number and properly processes the payment.
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Upon selection of pay via Alfa installments option, your order will only be confirmed once you have successfully completed the following steps:
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Once you have placed your order, a Samsung Customer Service (CS) agent will contact you, on your provided mobile number, and confirm the order details. Upon the request of the Samsung CS agent, you will be required to share your order number, order details, contact number, and email address to the CS agent.
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Samsung CS agent will then generate a link for Bank Alfalah portal and share it with you on your provided mobile number and email address.
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Upon clicking the link, you will be directed to Bank Alfalah’s portal where you will be required to provide the details and complete the steps required by the said portal, to complete the payment process.
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After successful payment, you will receive an order confirmation email from Samsung.
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If any of the above steps are not fully complied with, your order may be automatically cancelled. Any payment lost in transit and not credited to M&P will be at the customer’s sole risk.
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Opting for installment plan does not guarantee that your request for installments will be granted. Final authority to grant the installment rests with Bank Alfalah. Samsung or its Distributors shall not be responsible in this respect.
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The use of any payment method (including this Alfa installments option) is at the customer’s risk and cost. The customer is obligated to ensure that it processes the payment properly as per the requirements of the relevant instalment provider.
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If you select the option “Mobile Wallet” for payment, then you are responsible for checking the various limitations imposed by the relevant Mobile Wallet Bank, before proceeding with the payment. Any disputes or issues related to such limitations or manner of approval are solely between you and the relevant Mobile Wallet Bank. Any payment lost in transit and not credited to M&P will be at the customer’s sole risk. Samsung, M&P or the relevant Distributor shall not be liable in this regard.
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Upon choosing the Mobile Wallet payment option, you’ll be prompted to select your preferred Mobile Wallet type from the four available Mobile Wallet Banks.
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After selecting your preferred Mobile Wallet Bank, your order will only be confirmed once you have successfully completed the following steps:
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On the Samsung check-out page, a pop-up will appear where you will be required to enter your Mobile Wallet number.
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After you have entered your Mobile Wallet number, another pop-up will appear where you will be required to enter the one-time password (“OTP”), which you will be sent by your Mobile Wallet Bank. In some cases, instead of the OTP and in some cases, in addition to the OTP, another pop-up will appear where you will be required to enter the Mobile Personal Identification Number (“MPIN”), which you will have received from your Mobile Wallet Bank.
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Upon the correct completion of the above steps, your payment will be processed, subject to clause 10.13 below, and you will be redirected to the order confirmation page where your order will be confirmed.
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If you have opted to pay via a Mobile Wallet, your order/payment may fail in the following situations, without any liability to Samsung:
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If you have entered an incorrect/invalid mobile wallet number and/or an incorrect/invalid OTP/MPIN; and/or
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If you have added a product with order value which does not conform to the limitations imposed by your Mobile Wallet Bank; and/or
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If you have insufficient funds in your Mobile Wallet account; and/or
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If the relevant Mobile Wallet Bank does not approve your payment for any reason whatsoever.
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These payment terms do not replace and are in addition to any other agreement you may have with M&P and/or Rockmars.
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Ownership of Website
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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.
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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.
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Trademarks
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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 M&P, Rockmars or Samsung. All use, duplication, publication, modification, or dissemination of the Marks by you is prohibited.
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Links
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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 M&P 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.
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Errors, Product Availability, Pricing Information and
Orders
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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 M&P, 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.
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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.
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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.
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Changes to Website Content, Offers or Orders
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Samsung, at all times, reserves the right to:
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correct any error, inaccuracy or omission in Website content at any time without prior notice or liability to you or any other person;
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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;
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limit quantities available for sale or sold; and
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reject, correct, cancel or terminate any order, including accepted orders, for any reason, including but not limited to:
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if the product or service is not available;
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if we do not receive confirmation of your payment from the relevant payment processing company;
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if there has been a product or service pricing or description error, inaccuracy or omission; or
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if you do not meet the eligibility criteria set out in these Terms of Use.
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Promotions
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You understand and agree that any promotional offers, as listed on the Website and in advertising, are limited time offers and are subject to availability of stock. Such promotional offers may change at any time, and are subject to such additional terms and conditions that may be announced from time to time.
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Where availing a promotional offer depends on the use of Voucher codes, if the customer cannot use or redeem the voucher code, it may be for the reason that the voucher has lapsed, the offer has ended or the stocks have ended. No claims will be entertained in this regard.
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Accuracy of Information
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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.
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Personal Information
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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.
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You further acknowledge and agree with Samsung/M&P/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 M&P, 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.
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Liability
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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 M&P, ROCKMARS AND SAMSUNG TO THE FULLEST EXTENT PERMITTED BY LAW.
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NEITHER M&P 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.
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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. M&P, 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 M&P, 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.
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SAMSUNG IS NOT LIABLE FOR ANY ISSUES ARISING FROM THE SALE OF THE PRODUCTS TO YOU BY M&P/ROCKMARS. SAMSUNG IS ALSO NOT LIABLE OR THE WARRANTY SERVICES WHICH ARE TO BE PROVIDED BY WARRANTY SERVICE PROVIDERS.
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Termination
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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.
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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 M&P and/or Rockmars and/or Samsung.
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General Provisions
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These Terms of Use do not replace and are in addition to any other agreement you may have with M&P and/or Rockmars and/or Samsung. For your convenience, there is a FAQ section on the Website, which intends to explain the operation of the Website and the answers given in the said FAQs, unless they are inconsistent with these Terms of Use, will apply to your use of the Website and the placement of Orders.
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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.
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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.
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Any delay, omission or failure by M&P and/or Rockmars and/or Samsung to exercise its rights, powers or remedies under these Terms of Use shall not constitute a waiver by M&P and/or Rockmars and/or Samsung of those rights, powers or remedies.
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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.
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You may not assign these Terms of Use or assign any rights or delegate any obligations under these Terms of Use.
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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 M&P and/or Rockmars and/or Samsung with respect to the Website and Content.
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