TERMS AND CONDITIONS OF SALE
This page together with the documents referred to within it (terms and conditions) explains the terms and conditions on which we supply any of the products (Products) listed on our online sales platform ("E-Commerce Platform") hosted at https://www.samsung.com/za/ to you. These terms and conditions do not relate to or cover the sale of our Products by third parties to you.
Please read these terms and conditions carefully and make sure that you understand them before ordering any Products from the E-Commerce Platform. You should understand that by ordering any of our Products, you accept these terms and conditions. If you refuse to accept these terms and conditions, you will not be able to order any Products from the E-Commerce Platform. You may print a copy of these terms and conditions for future reference. We will supply goods in conformity with these terms and conditions of sale.
We operate the E-Commerce Platform hosted at website https://www.samsung.com/za/. "We" are "Samsung Electronics South Africa Proprietary Limited", a company registered in South Africa with registration number 1994/003972/07 and with our registered office at 2929 William Nicol Drive, Bryanston, 2021, Gauteng, South Africa. Our main trading address is 2929 William Nicol Drive, Bryanston, 2021, Gauteng, South Africa. Our VAT number is 4470148190. We are referred to in these Terms and Conditions as "Samsung" or "us".
We only deliver orders to physical addresses in South Africa.
By placing an order through our website, you warrant that:
(a) you are legally capable of entering into binding contracts;
(b) you are at least 18 years old;
(c) you are a private individual and purchasing products in your capacity as such; and
(d) you are not purchasing products for the purpose of resale or any unlawful purpose whatsoever.
How the contract is formed between you and us
1. Your order is an offer to us to buy the Product(s) in your order. You are considered to have placed an order with us by ordering on the E-Commerce Platform and by following the checkout process. After placing an order, we will use the email address you have given us to send you an e-mail acknowledging that we have received your order and which will contain an Order Reference Number and details of the Product(s) you have ordered ("Order Confirmation"). Please note that the Order Confirmation is only an acknowledgment that we have received your order and does not mean that your order has been accepted by us. All orders are subject to our acceptance of your offer to buy the Product(s) ordered. We will only accept your offer (and form the contract of sale) when we send you an e-mail confirming that the Product(s) has/have been dispatched ("Dispatch Confirmation"). We may refuse to accept your order:
(a) where the Product is not available;
(b) where we cannot obtain authorisation from your bank for your payment;
(c) if there has been a pricing or Product description error other than where there has been an obvious error (see ‘Price and Payment’ below); or
(d) if you do not meet the criteria set out in ‘Your Status’ above.
2. The contract between you and Samsung ("Contract") will only be formed on the earlier of i) when we send you the Dispatch Confirmation and ii) when we deliver the Product(s). The parties to the Contract are you and Samsung.
3. The Contract will relate only to those Products in respect of which we have confirmed dispatch in the Dispatch Confirmation or which we have delivered to you. We will not be obliged to supply any Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
WE MAY ALSO PROVIDE LINKS ON THE E-COMMERCE PLATFORM TO THE WEBSITES OF OTHER COMPANIES, WHETHER AFFILIATED WITH US OR NOT. WE GIVE NO UNDERTAKINGS OR WARRANTIES THAT PRODUCTS YOU PURCHASE FROM THIRD PARTY SELLERS ON THE E-COMMERCE PLATFORM, OR FROM COMPANIES TO WHOSE WEBSITE WE HAVE PROVIDED A LINK ON THE E-COMMERCE PLATFORM, WILL BE FIT FOR PURPOSE, APPROPRIATE FOR YOUR NEEDS OR ACCEPTABLE TO YOU. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you at the email address you have provided to us when an approved third party is involved in a transaction, and we may disclose your personal information related to that transaction to the approved third party.
28 day cooling off period / right to return
1. You may cancel the Contract and return your products for any reason within 28 days of the day we deliver the Product(s) to you unless we indicate that other terms and conditions are applicable e.g. if you make use of the Trade-In Programme or the Trade-Up Programme, in which case the specified terms and conditions will apply.
2. It is your responsibility to take reasonable care of the Product(s) before returning them to us. The Product(s) must be returned in a reasonable condition along with any packaging, manuals, accessories, free items and any other components. In this case, you will receive a full refund of the price you paid for the Products in accordance with our Returns Policy.
3. To cancel the Contract, you may contact us via the E-Commerce Platform, by email, by telephoning the Customer Care Team (details are available here: Contact Us)You will then be informed of details of how to return or arrange for the collection of the Product(s). Please note, we can only collect Products free of charge from the original delivery address and returns will only be free of charge when sent to us from an address in South Africa. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
4. If you are a consumer you have a statutory right to cancel the Contract. Details of this statutory right and your right to cancel are provided in the Delivery Confirmation and are set out in our Returns Policy. The 28-day right to return a Product(s) described in this section is offered in addition to and does not affect your statutory rights as a consumer.
5. If your product is defective, please see the Returns Policy section below.
5.1 To request a return, you may contact us via the E-Commerce Platform, by email, by telephoning the Customer Care Team (details are available here: Contact Us)
5.2 Requirements for Product return;
5.2.1 A Product return request will only be processed if all the information and documentation required by us is provided by you, such as -
22.214.171.124 Full Model Number of the Product you would like to return
126.96.36.199 Serial Number or IMEI Number of the Product you would like to return
188.8.131.52 Condition of the Product you would like to return and nature of defect of the Product you would like to return
184.108.40.206 Proof that you bought the Product e.g. tax invoice, credit card confirmation
5.3 Before Samsung grants approval for your return request, Samsung or an agent chosen by Samsung will inspect the Product you would like to return at your premises, or Samsung or its agent will collect the Product from you so that the Product you would like to return can be inspected at a nominated accredited Samsung pre-inspection agent premises.
5.4 Samsung will carry out the following check during the inspection -
5.4.1 Physical Assessment: whether the Product you would like to return is in “as new” condition – i.e. not damaged or overly worn-out from use
5.4.2 Warranty Assessment: whether the Product you would like to return is faulty and if it satisfies Samsung’s standard warranty conditions
5.4.3 Hacking or Rooting: checking defects related to the rooting or hacking of the Product you would like to return;
5.4.4 Full Function Assessment: whether the Product you would like to return has operational and technical discrepancies
5.4.5 Accessory Assessment: whether the Product you would like to return is returned complete with its original packaging, all accessories, manuals and consumables
5.4.6 Liquid Ingress Assessment: whether the Product you would like to return has been damaged by having come into contact with a liquid e.g. water damage
5.5 Return Period
The Product return period for technical defects is fourteen calendar days, which starts on the date on which you received the Product. receipt.
5.6 All Products you would like to return must be returned in the original packaging and must include all components, accessories and manuals.
Availability, Delivery and Installation
Availability and delivery
1. We can deliver to any physical address in South Africa.
2. We will deliver the Product(s) to the delivery address you specify in your order. We will not deliver the Products to your delivery address unless there is someone present to accept and sign for the Products. If you have not received the Product(s) within the estimated delivery time specified in the Dispatch Confirmation you should contact us via the E-Commerce Platform, by email or by telephoning the Customer Call Centre (details are available here: Contact Us).
3. Please be aware that delivery timescales in relation to pre-order Products are estimated and may change as a result of manufacturing or transportation delays. Any delay to your delivery of pre-ordered Products will be communicated to you at the email address which you have provided to us in advance.
4.1. The purchase and delivery of a Product does not include any installation of that Product unless we expressly specify that installation is included in the purchase price or if we specify that installation of the Product may be purchased by you during the checkout process. The following terms apply to any installation service:
(a) We offer installation across South Africa.
(b) Any installation service provided is supplied by a third party installer authorised by Samsung and is subject to the third party's availability.
(c) Following your purchase of a Product and an installation service at checkout, we will call you on the number you provided to us to schedule an appointment for the installer to install the Product at your chosen physical address.
(d) The installation will only take place if an adult is present at the chosen address at the scheduled appointment time, to allow the Samsung approved installer entry to the chosen physical address and who will be expected to sign for the completed installation. Please note that the installer will not wait for more than 10 minutes past the scheduled appointment time, following which you will need to reschedule a new appointment at an additional cost to you.
(e) Where the installer fails to carry out any installation service because there is no electricity and/or no internet connection, no water supply for laundry and dishwashers or where there is any other interference or hindrance at the chosen physical address, you will need to reschedule a new appointment with the installer at an additional cost to you.
(f) If you need to reschedule your appointment, or have a problem with the installation service performed for you, please telephone the Customer Call Centre (details are available here: Contact Us).
(g) If you think that the installation service performed by the installer has not been performed in accordance with your statutory rights, then, subject to (h) below, you will have the option to select a repeat installation service or request a full refund for the installation service purchased. We will process a refund due to you as soon as possible and, in any case within 14 days of the day we confirmed to you that you were entitled to a full refund. We will refund you in the same way using the same method you used to purchase the installation service.
(h) We reserve the right to inspect and verify any problem you say you have with the installation service performed for you. If we find that the problem is because: (i) your instructions to us or the installer were against our or the installer’s advice; (ii) you misused, neglected, physical damaged, tampered or incorrectly adjusted the Product before, during or after installation; or (iii) of normal wear and tear, then we reserve the right to refuse to issue a full refund to you for the installation service purchased, or to claim compensation from you where we perform a repeat installation service. This does not affect your statutory rights.
(i) If you wish to return a Product(s) that has/have been installed, you will have to arrange for the Product(s) to be uninstalled at your cost. If you wish to exchange a Product that has been installed, you will have to arrange for the Product to be uninstalled at your cost and you will be required to purchase a new installation service for that Product if you would like an installer to install the Product for you. This does not affect your statutory rights.
4.2. Restrictions on installation service can be found at (Contact Us). Please ensure that you click on the link and that you familiarize yourself with what these restrictions are.
Risk and Title
1. The Products will be your responsibility from the time of delivery.
2. Ownership of the Product(s) will only pass to you on the later of either i) delivery or ii) when we receive full payment of all sums due in respect of the Products, including delivery and installation charges (where applicable).
3. By signing for your order it is an acknowledgement of delivery and receipt of the Products ordered(s).
Price and Payment
1. The price of the Products will be as quoted on the E-Commerce Platform from time to time, except in cases of an obvious error. Product prices include VAT at the legal prevailing rate. The price quoted on the E-Commerce Platform for Products excludes delivery and installation charges which are quoted separately on the E-Commerce Platform.
2. Product prices and delivery charges are subject to change at any time, but changes will not affect orders in respect of Products for which we have already sent you an order confirmation. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price
3. Payment for all Products must be made either by credit or debit card and is collected on our behalf by PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. We accept payment by Visa Debit, Visa Credit, Mastercard. A payment by credit or debit card will only be charged at or shortly after the time you place your order for the Product and if applicable, the installation service.
4. Customer details will be stored by Samsung separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za
1.If you wish to return a Product to us you may contact us via the E-Commerce Platform, by email, by telephoning the Customer Call Centre (details are available here: Contact Us) You will then be informed of details of how to return or to arrange for the collection of the Product(s). Please note, we can only collect Products free of charge from the original delivery address and returns will only be free of charge when sent to us from an address in South Africa.
2. If you are returning a Product to us:
(a) because you have cancelled the Contract within the 28-day period (see above), we will process the refund due to you as soon as possible after we have collected the Product from you and, in any case, within 14 days of the day you gave us notice to cancel in accordance with the process we have set out above. Where you are entitled to a refund, we will refund the price of the Product(s) in full. We will be responsible for collecting any returned Product from your chosen physical address in South Africa.
(b) for any other reason (for instance, because you have notified us in accordance with the terms below that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Product(s) is/are defective), we will examine the returned Product(s) and will notify you of your refund via e-mail within a reasonable period of time and, usually within 5 working days of when we receive the Product(s) from you. We will usually process the refund due to you as soon as possible and, in any case, within 14 days of the day we confirmed to you via e-mail that you were entitled to a refund.
3. Subject to the terms below, if you believe that (a) Product(s) you have ordered from us is/are defective, you should contact us via the E-Commerce Platform or by email or by telephoning the Customer Call Centre (details are available here: Contact Us) as soon as possible. We will advise you of the appropriate steps to take for the return of the Product to us. If you notify us within 30 days of delivery of the Product(s) that the Product(s) is/are defective, you will have the option to select a repair, an exchange or a refund. If you discover a fault with the Product after 30 days from delivery of the Product(s), you should contact us by telephoning 0860 726 7864 and we will at our discretion either repair or replace the Product(s) and deliver the repaired or replacement Product(s) to you at a physical address in South Africa, or provide you with a refund.
4. You have a legal obligation to take reasonable care of the Product(s) while it/they is/are in your possession. If you fail to comply with this obligation and return a damaged Product(s) to us, we may have a right of action against you for compensation for the damage to the Product. When returning (a) Product(s) to us we recommend that you obtain proof of delivery to us. In all cases, we reserve the right to inspect the Product(s) and verify any alleged fault or defect. For an exchange or refund, the Product(s) must be in an otherwise 'as new' condition together with any packaging, manuals, accessories, free items and any other components. We reserve the right to refuse a refund or exchange if the Product(s) returned is/are deemed to have been damaged after delivery to you took place.
5. We will usually make any refunds to you using the same method you used to pay for the Product you purchased.
6. We do not cover faults or defects caused by your misuse, neglect, physical damage, tampering or incorrect adjustment or normal wear and tear of the Products or the installation of the Products. Products sold on the E-Commerce Platform are intended for domestic use only and are not for commercial use or resale. Nor do we cover faults due to incorrect installation in your home other than if the installation is performed by an accredited Samsung installer. Please do not remove the serial number from Product(s).
7. This Returns Policy does not affect your statutory rights.
In addition to your rights under the Contract and your statutory rights, Samsung Products also come with a manufacturer’s warranty. Details of the manufacturer’s warranty can be found with the documentation that accompanies the Product you purchased. You may be required to register as the purchaser and owner of the Product in order to benefit from the manufacturer's warranty or any extended warranty.
1. Nothing in these terms and conditions excludes or limits our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the obligations implied by the Consumer Protection Act No. 68 of 2008;
(d) our obligations in respect of defective products under the Consumer Protection Act No. 68 of 2008;
(e) any deliberate breaches by us of these terms and conditions that would entitle you to terminate the Contract; or
(f) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
2. Subject to the provisions 1(a) to 1(f) of this section above and 3(a) to 3(g) of this section below, if either of us fails to comply with these terms and conditions, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these terms and conditions and are directly attributable to the failure to comply with these terms and conditions.
3. Subject to 1(a) to 1(f) of this section above, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:
(a) loss of income, goodwill or revenue;
(b) loss of business;
(c) loss of profits;
(d) loss of anticipated savings;
(e) loss of data;
(f) waste of management or office time or
(g) indirect, consequential, punitive or special loss or damage.
However, this will not prevent claims for (i) economic loss resulting from death or injury caused by the Products purchased on the E-Commerce Platform, (ii) loss of or damage to your physical property that are foreseeable or (iii) direct loss that are not excluded by categories 3(a) to 3(g) of this section above.
Applicable laws require that some of the information or communications we send to you should be in writing. When using the E-Commerce Platform and the Samsung website, you accept that communication with us will be electronic. We will contact you by e-mail or provide you with information by posting notices on the E-Commerce Platform or the Samsung website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All formal notices given by you to us must be given in writing to Samsung Electronics South Africa Proprietary Limited situated at 2929 William Nicol Drive, Bryanston, Johannesburg Gauteng, 2021. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in ‘Written Communications’ above. Notice will be deemed received and properly served immediately when posted on the Samsung website, 24 hours after an e-mail is sent, or ten days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee
Transfer of rights and obligations
The Contract between you and us is binding on you and us and on our respective successors and assignees.
2. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.
3. We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract
Events outside our control
1. We will not be liable or responsible for any failure to perform, or for the delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control ("Force Majeure Event").
2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks
(f) the acts, decrees, legislation, regulations or restrictions of any government;
(g) failure of continuous electrical supply;
(h) acts of sabotage;
(i) pandemic or an epidemic.
3. Our performance under the Contract will be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event. Should the Event of Force Majeure continue to prevent or restrict us from fulfilling our obligations for more than 60 (sixty) days after on which the Force Majeure Event first occurred, then you will be entitled to terminate the Contract with us by giving us not less than 30 (thirty) days written notice to that effect.
1. If we fail, at any time during the term of the Contract, to insist upon the performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights and/or remedies and will not relieve you from compliance with such obligations.
2. A waiver by us of any default by you will not constitute a waiver of any subsequent default.
3. No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the 'Notices' section above.
If any court or competent authority decides that any of the provisions of these terms and conditions or any provisions of the Contract is invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
Our right to vary these terms and conditions
1. We have the right to revise and amend these terms and conditions from time to time by posting them on our website.
2. You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us in writing that you do not accept the change to the terms and conditions within seven working days of receipt by you of the Products).
The E-Commerce Platform
1. We own or are licensed users of all intellectual property rights in and to the E-Commerce Platform and all material and content on the Samsung website. You may use the E-Commerce Platform, the Samsung website and the materials and content on the E-Commerce Platform and on the Samsung website for personal, non-commercial use only. All other use (including reproduction, re-engineering, deconstruction etc.) of the E-Commerce Platform, the Samsung website and materials or content thereon is strictly prohibited.
2. The E-Commerce Platform and the Samsung website are provided on an 'as is' and 'as available' basis without any representations as to appropriateness or suitability and we make no warranties of any kind, whether express or implied, in relation to the E-Commerce Platform and the Samsung website. We make no warranty that the E-Commerce Platform and the Samsung website will meet your requirements or will be uninterrupted, timely or error-free or that the E-Commerce Platform and Samsung website or the server(s) that makes them available are free of viruses, errors, faults or bugs.
3. While we endeavour to ensure that the E-Commerce Platform and Samsung website is available 24 hours a day, we cannot provide any assurances in this regard and will not be liable if for any reason the E-Commerce Platform and Samsung website are i unavailable at any time or for any period. Access to the E-Commerce Platform and Samsung website may be suspended and without notice in the case of system failure, maintenance or repair or for reasons beyond our control as set out above.
Data protection and privacy
Third party rights
A person who is not party to these terms and conditions or the Contract shall not have any rights under or in connection with them.
Contracts for the purchase of Products through our website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by South African law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of South Africa.
We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of the Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variation/s of these terms and conditions to be confirmed in writing.