Terms and Conditions
1. Introduction
1.1. The terms and conditions contained herein (“Terms and Conditions”) explain the terms and conditions applicable to ordering, sale and delivery of the products (“Products”) listed on the Samsung website, which can be accessed at https://www.samsung.com/za/, related mobi-sites and software applications (collectively referred to as the “Samsung Online Store”).
1.2. The Samsung Online Store is owned and operated by Samsung Electronics South Africa Proprietary Limited (“Samsung/we/us/our”), with registered address at 2929 Winnie Mandela Drive, Bryanston, 2021, Gauteng, South Africa.
1.3. These Terms and Conditions are binding and enforceable against every person who accesses or uses the Samsung Online Store (“you/your”). By ordering Products from the Samsung Online Store, you will be deemed to have read, acknowledged, accepted and agreed to be unconditionally bound by the Terms and Conditions. If you refuse to accept the Terms and Conditions, you must not use the Samsung Online Store and you will not be able to order any Products from the Samsung Online Store. Products will be supplied in conformity with these Terms and Conditions.
1.4. When you access or use the Samsung Online Store or place a Product order you warrant and undertake in favour of Samsung that you:
1.4.1. are legally capable of entering into binding contracts and are over the age of 18;
1.4.2. are purchasing the Products for your own use and are not purchasing Products for the purpose of resale or for any unlawful purpose whatsoever;
1.4.3. will not use the Samsung Online Store to distribute any materials which is offensive, defamatory, contains or amounts to hate speech or is otherwise unlawful;
1.4.4. you will not use any device, software and/or other instrument to interfere or attempt to interfere with the proper working and functioning of the Samsung Online Store and you will not use any spider, robot, other automatic device and/or manual process to monitor, copy, distribute or modify the Samsung Online Store or the information contained on the Samsung Online Store.
1.5. We own or are licensed users of all intellectual property rights in and to the Samsung Online Store and all material and content which is on the Samsung Online Store. You may use the Samsung Online Store, for personal, non-commercial use only. All other use (including, without limitation, reproduction, re-engineering and/or deconstruction) of the Samsung Online Store and/or materials or content thereon is strictly prohibited.
1.6. The Samsung Online Store is 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 Samsung Online Store or that the Samsung Online Store will meet your requirements, be uninterrupted, timely or error-free or to be free of viruses, errors, faults and/or bugs.
1.7. Whilst we endeavour to ensure that the Samsung Online Store is available 24 hours a day, we provide no assurances in this regard and will not be liable if, for any reason, the Samsung Online Store is unavailable at any time or for any period. Access to the Samsung Online Store may be suspended without notice in the case of system failure, maintenance, repair or for reasons beyond our control.
1.8. We allow third party sellers to list and sell their Products on the Samsung Online Store (each a “Third Party Seller”) and will indicate on the relevant Product pages when Products are for sale by a Third Party Seller. These Terms and Conditions do not relate to or govern the sale of the Products by Third Party Sellers to you.
1.9. We may provide links on the Samsung Online Store to the websites of other companies, whether affiliated to us or not. We give no undertakings or warranties that products which you purchase from the aforesaid third parties, will be fit for purpose, appropriate for your needs or acceptable to you. The aforesaid disclaimer does not affect your statutory rights against such third parties. We will notify you or display on the Samsung Online Store when an approved third party is involved in a transaction, and you agree that we may disclose your personal information related to that transaction, to the approved third party.
2. How the Contract of Sale is Formed
2.1. Your order on the Samsung Online Store is an offer from you to us to buy the selected Products and may be accepted or rejected by us. You are deemed to have placed an order with us by ordering on the Samsung Online Store, successfully paying for the Products forming part of your order and following the checkout process.
2.2. After placing an order, we will use the email address you have provided to send you an e-mail acknowledging that we have received your order. The confirmation will contain an order reference number and details of the Products you have ordered (“Order Confirmation”). 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 Products ordered, which shall be deemed to have taken place (and form the contract of sale) when we send you an e-mail confirming that the Products have been dispatched (“Dispatch Confirmation”).
2.3. We will not be required to supply any Products which may have been part of your order until the dispatch of such Products has been confirmed in a Dispatch Confirmation.
2.4. We may refuse to accept your order:
2.4.1. where the Product is not available or we cannot obtain authorisation from your bank or credit provider for your payment or where payment is not received by us and/or any compliance screening processes prohibit us from doing business with you;
2.4.2. if there has been a pricing or Product description error other than where there has been an obvious error or you do not meet the criteria to use and purchase Products from the Samsung Online Store and/or you misuse the Samsung Online Store.
2.5. Placing Products in a wishlist or shopping basket and not completing the checkout process does not constitute an order for such Products. Products may be removed from your shopping basket if stock of such Products is no longer available or the price may change without notice to you. You cannot hold us liable if such Products are not available or are not available at the particular price when you complete or attempt to complete any checkout process at a later stage.
2.6. Availability of Products displayed on the Samsung Online Store is not guaranteed. Whilst we will take all reasonable steps to monitor and maintain Product stock levels, you acknowledge that stock of the Products is limited and that pricing may change at any time without notice to you. If you place an order and the Products are no longer available, we will notify you and you will be entitled to a refund of any amount already paid by you for the applicable Products.
3. Cancelling an Order
Unless we advise you that other terms and conditions are applicable, you may cancel your order on the Samsung Online Shop, at any time prior to your order having been sent for dispatch. If you wish to cancel your order after it has been sent for dispatch you will be required to log a return on the Samsung Online Store on your account profile page or by contacting us via the chatbot on the Samsung Online Store, by email or by phoning the Customer Care Team (details are available here: Contact Us).
4. Prices and Payment
4.1. The price of the Products will be as quoted on the Samsung Online Store and include value added tax at the legal prevailing rate. Any delivery or installation charges are not included in the Product prices and if applicable, will be separately indicated on checkout.
4.2. Product prices and delivery charges are subject to change at any time, provided that such changes will not affect orders in respect of Products where an Order Confirmation has been sent. If a pricing error occurs and it is an obvious and unmistakeable error and could have reasonably been recognised by you as an error, we do not have to provide the Products to you at the incorrect price.
4.3. All payment transactions are encrypted using appropriate encryption technology and in some instances additional information may be required prior to being able to make payment by means of the methods set out below.
4.4. Payment for the Products may be made by means of the following methods, subject to your eligibility to use such method and their availability:
4.4.1. American Express, Mastercard, Diners Club and Visa debit and credit cards;
4.4.2. Electronic funds transfer;
4.4.3. Samsung Online Store voucher;
4.4.4. Samsung Rewards - terms and conditions applicable to this payment method can be found at:
https://images.samsung.com/is/content/samsung/assets/za/rewards/ZA_Samsung_Rewards_Ts_and_Cs-RT.pdf;
4.4.5. Payjustnow - terms and conditions applicable to this payment method can be found at https://payjustnow.com/terms-and-conditions;
4.4.6. Scan to Pay (Masterpass) - terms and conditions applicable to this payment method can be found at:
https://payfast.io/legal/gateway-terms-and-conditions/?gclid=CjwKCAjw1K-zBhBIEiwAWeCOFxgIHG619ZqroJzNi78WcmoYa6ZdCYnLvsUxXP32BRRDHEYfxZtZthoCU2QQAvD_BwE;
4.4.7. Samsung Wallet - terms and conditions applicable to this payment method can be found at https://images.samsung.com/is/content/samsung/assets/za/samsung-pay/Samsung_Pay-Terms_of_Service.pdf;
4.4.8. Zapper - terms and conditions applicable to this payment method can be found at https://payfast.io/legal/gateway-terms-and-conditions/?gclid=CjwKCAjw1K-zBhBIEiwAWeCOFxgIHG619ZqroJzNi78WcmoYa6ZdCYnLvsUxXP32BRRDHEYfxZtZthoCU2QQAvD_BwE;
4.4.9. Float - terms and conditions applicable to this payment method can be found at https://www.float.co.za/shopper-agreement/;
4.4.10. Mobicred - terms and conditions applicable to this payment method can be found at https://payfast.io/legal/gateway-terms-and-conditions/?gclid=CjwKCAjw1K-zBhBIEiwAWeCOFxgIHG619ZqroJzNi78WcmoYa6ZdCYnLvsUxXP32BRRDHEYfxZtZthoCU2QQAvD_BwE.
4.5. In the event that your selected payment method requires additional information and/or authorisations, to be supplied to us, we will be entitled to withhold delivery of your ordered Products until such time as the applicable information and/or authorisations have been received by us. In making payments for Products you warrant that you are fully authorised to use the applicable payment method and where applicable, bank card, to make payment for the Products and that you have sufficient funds in your account to cover all costs incurred as a result of the Product purchase.
4.6. Card payments are collected on our behalf by PayGate (Pty) Ltd and Float Technologies (Pty) Ltd who are approved payment gateways for all South African acquiring banks. Customer details will be stored by us separately from card details, which are entered by the you on the PayGate or Float secure sites. For more details on PayGate refer to www.paygate.co.za and for more details on Float refer to https://www.float.co.za/shopper-agreement/.
4.7. If you pay via electronic funds transfer, payments must be made within 2 business days of placing your order and no order will be accepted if payment is not received
5. Delivery
5.1. We deliver orders to the delivery address you specify in your order and only to physical addresses in South Africa and no later than 7 business days from the date of a Dispatch Confirmation, save for deliveries over Black Friday and Cyber Monday, where deliveries may take up to 10 business days and save for deliveries which are delayed due to outstanding documentation from you.
5.2. Prior to checking out and making payment, you will be able to select a delivery date (“Selected Delivery Date”). Once we have received payment and a Dispatch Confirmation has been issued we will endeavour to deliver your ordered Products on your Selected Delivery Date, save that delivery is subject to various factors and accordingly, the Selected Delivery Date cannot be guaranteed.
5.3. Certain Products ordered by you from the Samsung Online Store before 12h00 are eligible for delivery on the following day (“Next Day Delivery”), provided that the following day is a business day and not a Saturday, Sunday or South African public holiday. Whilst Samsung will endeavour to deliver your order on the Next Delivery Day, delivery is subject to various factors and accordingly, the Next Day Delivery cannot be guaranteed.
5.4. Notwithstanding the aforesaid, 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 Products within the estimated delivery time specified in the Dispatch Confirmation you can contact us via the chatbot on the Samsung Online Store, by email or by telephoning the Customer Call Centre (details are available here: Contact Us).
5.5. Prior to the delivery of any large appliances, you must ensure that there is clear access for the delivery vehicle and trolleys, which may be used to deliver the large appliance and that the width and height of all doorways and walkways are wide and high enough for the large appliance to fit through. You are also required to cover any floors to prevent them from getting scratched, wet or soiled during the delivery of the large appliance. We will not be liable for any loss or damage which you may suffer or incur during, or as a result of, the delivery of large appliances.
5.6. Delivery time periods in respect of pre-ordered 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.
5.7. We are not liable or responsible for any loss or unauthorised use of a Product after it has been delivered to the physical delivery address nominated by you.
6. Right to Return
6.1. All Product returns are subject to our approval.
6.2. Subject to the provisions of clauses 6.7 and 9.2, you may return your unopened, unused and resellable Products together with all accessories, free items, manuals and consumables, to us for a full refund within 14 days of the day we deliver the Products to you, unless we indicate that other terms and conditions are applicable, where the return forms part of a specific programme.
6.3. Subject to the provisions of this clause 6, your statutory rights as a consumer and any manufacturing warranties to the contrary, defective Products may be returned within 6 months from the date we deliver the Products to you, unless we indicate that other terms and conditions are applicable. It is your responsibility to take reasonable care of the Products before returning them to us and such Products must be returned in a reasonable condition along with any packaging, manuals, accessories, free items and any other components. Products returned in terms of this clause will, at your election, be repaired, replaced or we will provide you with a full refund.
6.4. Notwithstanding the provisions of clause 6.3, defective Product returns will not be accepted by us where the defect or fault in the Product was caused by you or as a result of normal wear and tear, alterations to the Product, negligence, neglect, misuse, tampering, incorrect adjustment, improper or adequate care of the Product and/or as a result of the installation of the Product by you and/or the use of the Product contrary to the manufacturer’s instructions.
6.5. If you are returning a Products within the aforesaid 14 day period, you can log the return on the Samsung Online Store on your account profile page. All other returns can be made by contacting us via the chatbot on the Samsung Online Store, by emailing or telephoning the Customer Care Team (details are available here: Contact Us). You will then be advised of details of how to return or arrange for the collection of the Products you wish to return.
6.6. Products are only able to be collected by us free of charge from the original delivery address nominated by you.
6.7. Product return requests will only be processed if all the information and documentation required by us is provided by you. Such information may include, without limitation, full Product model and numbers, serial or IMEI numbers, condition of the product, reason for return and proof of purchase.
6.8. Before we grant approval for a defective Product return request, we or our duly appointed agents, will inspect the Product you would like to return. Depending on the type of Product, inspections may take place at your premises or we, or our agents, will collect the Product from you for inspection by us or by one of our nominated accredited pre-inspection agents.
6.9. We will notify you of the outcome of your defective Product return request via e-mail within a reasonable period of time, from the date of inspection of the returned Product.
6.10. Any amounts due to you as a result of an approved return will be refunded to you by us or any credit provider (as applicable), as soon as is reasonably possible after the return has been approved. Refunds will be made using the same method you used to pay for the returned Product.
6.11. The provisions of this returns clause do not affect your statutory rights.
7. Installation Services
7.1. The purchase and delivery of a Product does not include any installation of that Product, unless we expressly specify that free installation is available on the purchase of that specific Product.
7.2. In the event that free installation applies and you wish to accept this service, you must select “opt-in” and refer to the terms and conditions applicable to the “Signature Service” in order to determine the type of free installation that is applicable to the Product. Any installation service provided to you is subject to the terms and conditions applicable to “Signature Service” which can be found at https://www.samsung.com/za/support/signature-service/.
8. App Only Deals
8.1. From time to time, we may have deals on Products (“Shop App Deals”), which will only be available for you to purchase using the Samsung software application (“Shop App”), which you can download on Android and IOS devices. Shop App Deals may be displayed on the Samsung website and mobi-site, however they will only apply to the Shop App and purchases made via the Shop App.
8.2. Shop App Deals are specific to the Shop App and accordingly, you will only receive the Shop App Deal if you make the purchase using the Shop App prior to the expiry of the applicable Shop App Deal. The Shop App Deals may differ from those displayed on the Samsung website and mobi-site.
9. Bundled Products
9.1. We may offer Products for sale which have been bundled together (“Bundled Products”) and are offered at an all inclusive price.
9.2. If you wish to return any Bundled Products, such return will only be accepted if you return all the Products forming part of the Bundled Goods.
10. Promotion Code and E-vouchers
10.1. From time to time, promotion codes and vouchers may be issued for use towards the purchase of Products from the Samsung Online Store. Such promotion codes and vouchers are redeemable at checkout and only whilst they are valid and they may not be redeemed for cash.
10.2. The terms and conditions applicable to promotion codes, vouchers and promotions cab be found at https://shop.samsung.com/za/promotion-terms-and-conditions;
10.3. Vouchers do not accrue interest and in the event that your voucher is not sufficient to cover the Product purchase price you will be entitled to pay the difference by means of any other payment method available on the Samsung Online Store.
11. Risk and Title
11.1. Risk in and to the Products will pass to you on delivery and accordingly, will be your responsibility from the time of delivery.
11.2. Ownership of the Products will only pass to you when we or any credit provider (as applicable) receives full payment of all sums due in respect of the Products, including, without limitation, delivery and installation charges (where applicable).
11.3. Signature for your order is an acknowledgement by you of delivery and receipt of the Products ordered.
12. Third Party Sellers
12.1. We will indicate on the relevant product pages and checkout pages when Products are for sale by a Third Party Seller. We only provide the platform to facilitate transactions between you and Third Party Sellers and we are neither the buyer nor the seller of the Third Party Seller Products, unless otherwise stated. We rely on inventory and/or Product information supplied by the relevant Third Party Seller and accordingly, we will not be liable for any inaccuracies in the information supplied to us by any Third Party Seller and/or contained in any Third Party Seller advertisements and/or marketing material.
12.2. All orders for Third Party Seller products will be placed directly by you with the applicable Third Party Seller and will be subject to the Third Party Seller’s standard terms and conditions of sale, a copy of which you may obtain from the Third Party Seller. Under no circumstances will or are we a party to such sale and we will have no liability of whatsoever nature relating to any transactions which you may conclude with a Third Party Seller.
12.3. The Third Party Seller is solely responsible for fulfilment of delivery of any products which you order from them and for providing you with an invoice in respect of the ordered products.
12.4. Should a dispute arise between you and the relevant Third Party Seller in relation to the sale of the Third Party Seller products, any such dispute must be resolved between you and the relevant Third Party Seller.
12.5. You consent to the sharing of your personal information between us and the Third Party Seller for purposes of notifying the Third Party Seller that you may wish to purchase products or services from them. The Third Party Sellers will use the aforesaid information to provide you with information regarding their products or services. By indicating that you wish to be contacted by a Third Party Seller you agree that we may disclose your information to such Third Party Seller.
13. Purchasing a Television
13.1. In accordance with the law and the provisions of the South African Broadcasting Act, 4 of 1999, when buying a television or any appliance with a built in television, you are required to have a valid television licence in your name.
13.2. You accept that Samsung will share your personal details with a third party provider for the purpose of concluding the delivery of the television purchased and for verifying the validity of your television license.
13.3. You confirm that the address that appears on the television license is the same address where the television is being purchased for use.
13.4. When you buy a television online, the verification of your television licenses will be done simultaneously before you checkout.
13.5. You must provide us with either your South African identity number or a valid television licence number. With this information we will conduct a search for your South African Broadcasting Corporation (“SABC”) profile.
13.6. In the event that you are a foreign national, we require a copy of your television licence, and/or a copy of your Easy Pay number and a copy of your passport.
13.7. In the event that you do not have a television licence, as the buyer of the television, you would first need to buy a television licence and then provide us with a copy of your identity document or television licence card before we can deliver your television.
13.8. To buy a television licence, you can go to the SABC Fast Pay link or one of recommended Banks and retailers provided in the links below:
13.8.1. SABC Fast Pay option; and
13.8.2. SABC accredited pay points including banks, retailers and SABC regional offices.
14. Product Warranties
In addition to your rights under the purchase and sale contract concluded with us and your statutory rights, the Products come with a manufacturer’s warranty, details of which can be found in the documentation which accompanies each purchased Product.
15. Limitation of our Liability
15.1. Subject to the provisions contained in this clause 15, if either of us fails to comply with these Terms and Conditions, neither of us shall be responsible for any losses, damages, claims, expenses and/or liabilities that the other may suffer or incur as a result thereof, except for those losses, damages, claims, expenses and/or liabilities 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.
15.2. Subject to the provisions of clause 15.3, we will not be liable for any loss of income, goodwill, revenue, business, profits, anticipated savings, data and/or indirect, consequential, punitive or special losses or damages.
15.3. Notwithstanding anything to the contrary contained in these Terms and Conditions, nothing will exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, any breach of the obligations contained in any applicable law, any deliberate breach by us of these terms and conditions that would entitle you to terminate the Contract and/or any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
16. Data Protection and Privacy
16.1. Your data protection and privacy rights are set out in our Privacy Policy.
16.2. You acknowledge and agree that your personal information as well as information relating to your transactional spend on the Samsung Online Store, may be provided to our internal audit and legal teams for the purpose of ensuring that no abuse and/or misuse of the Samsung Online Store has occurred.
17. Events Outside our Control
17.1. We will not be liable or responsible for any failure to perform or for the delay in performance of, any of our obligations under these Terms and Conditions and/or the contract of purchase and sale concluded with you, that is caused by events outside our reasonable control ("Force Majeure Event"). Our performance 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. Should the Force Majeure Event for more than 60 days after it first occurred, then you will be entitled to terminate any contract of sale entered into with us by giving us not less than 30 days written notice to that effect.
17.2. A Force Majeure Event includes, without limitation any act beyond our reasonable control, strikes, lock-outs, or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, pandemic, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of telecommunications networks, the acts, decrees, legislation, regulations or restrictions of any government, failure of continuous electrical supply and/or acts of sabotage.
18. Electronic Communications and Information
18.1. When using the Samsung Online Store, you accept and expressly agree that communication with us will be electronic and that we will contact you by e-mail or provide you with information by posting notices on the Samsung Online Store, or via notification from the Samsung software application.
18.2. It is your responsibility to ensure that you provide us with the correct contact details.
18.3. As required in terms of the Electronic Communications and Transactions Act, 25 of 2002, our information is as follows:
18.3.1. Samsung Electronics South Africa Proprietary Limited of 2929 Winnie Mandela Drive, Bryanston, 2021, Gauteng, South Africa with our main business being that of a manufacturer, producer and distributor of electric products, mobile telephones and devices and accessories, with telephone number 08607267864 and email address zaestore@samsung.com.
19. Notices
19.1. All formal notices given by you to us must be given in writing and delivered to Samsung Electronics South Africa Proprietary Limited situated at 2929 Winnie Mandela Drive, Bryanston, Johannesburg Gauteng.
19.2. By using the Samsung Online Store, you select the delivery address specified in your order as your legal address, which may change by giving us written notice. Notices must be given either by hand or email and must be given in English.
19.3. Notices will be deemed received and properly served immediately when delivered by hand and on the date that an e-mail was sent to the specified e-mail address of the addressee
20. Complaints
20.1. If you have a complaint about the Products or delivery thereof you can contact our call centre on 0860 491 600 during working hours on all business days or email zaestore@samsung.com or complete an online complaints form.
20.2. In the event that you are not satisfied with the outcome of the complaint or the handling thereof, you can contact the Consumer Goods and Services Ombud for assistance. Their website can be found at http:www.cgso.org.za/ or you can contact them on 0860 000 272 or email complaints@cgso.org.za.
21. General
21.1. You may not cede, transfer or assign any of your rights or obligations arising under these Terms and Conditions.
21.2. We have the right to revise and amend these Terms and Conditions from time to time by posting them on the Samsung Online Store and it is your responsibility to check the Terms and Conditions for updates and amendments.
21.3. If we fail, at any time to insist upon the performance of any of your obligations under these Terms and Conditions or if we fail to exercise any of the rights or remedies to which we are entitled in terms hereof, this will not constitute a waiver of such rights and/or remedies and will not relieve you from compliance with such obligations. A waiver by us of any default by you will not constitute a waiver of any subsequent default.
21.4. If any court or competent authority determines that any of the provisions of these Terms and Conditions is invalid, unlawful or unenforceable, 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.
21.5. No addition, variation, deletion or agreed cancellation of the Terms and Conditions will be valid and enforceable unless accepted and agreed to in writing by both of us.
21.6. Our relationship and the provisions of these Terms and Conditions and/or any dispute arising from or in connection with these terms and Conditions or our relationship shall be interpreted and governed in accordance with the laws of the Republic of South Africa and your use of the Samsung Online Store shall constitute your consent to the jurisdiction of the courts of the Republic of South Africa. Nothing contained herein will prevent you from approaching any tribunal or forum of competent jurisdiction in terms of the Consumer Protection Act, 68 of 2008.