Terms of Use

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.samsung.com/in.

The website www.samsung.com/in , www.samsung.com/in/store/corporate and the Application www.samsung.com/in (“collectively referred to as “Samsung eStore”) is provided and operated by Samsung India Electronics Pvt. Ltd. (“Samsung/we/us/our”), having its registered office located at 6th Floor, DLF Centre, Sansad Marg, New Delhi-110001. Please read the Terms of Use carefully before using the Samsung eStore.

Your use of the Samsung eStore and services are governed by the following terms and conditions ("Terms of Use") as applicable and the applicable policies which are incorporated herein by way of reference. For the purpose of these Terms of Use, wherever the context so requires “Buyer”; “Customer”; "You"; “Your” or "User" shall mean any natural or legal person.

When You purchase any product or use any of the services provided through Samsung eStore, including but not limited to, Product reviews, You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such product/ service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We are entitled, at our sole discretion or as may be required by law, to amend these Terms of Use anytime without any prior intimation to anybody. User shall be responsible for reviewing and becoming familiar with any such modifications/amendments from time to time and shall be bound by such amended Terms of Use from time to time. Use of the Samsung eStore by User following such change constitutes User's acceptance of the Terms and Conditions herein as modified.

ACCESSING, BROWSING OR OTHERWISE USING SAMSUNG ESTORE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE INCLUDING OUR PRIVACY POLICY, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING.

Membership Eligibility

Use of Samsung eStore is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use Samsung eStore.

If you are a minor i.e. under the age of 18 years, you shall not register as a User of Samsung eStore or shall not transact on or use Samsung eStore. We reserve the right to terminate your membership and/or refuse to provide you with access to Samsung eStore if it is brought to our notice or if it is discovered that you are under the age of 18 years and/or are incompetent to contract.

Your Account and Registration Obligations

You agree that any use of Samsung eStore is at your own risk. If You use Samsung eStore, You shall be responsible for maintaining the confidentiality of your account and password and for restricting access to your account/password. You shall be responsible for all activities that occur under your account. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, Samsung shall have the right to indefinitely suspend or terminate or block access of your account on Samsung eStore and refuse to provide You with further access to Samsung eStore.

Grant of License - Personal, Non-Commercial & Non assignable Use

Subject to your compliance with these Terms of Use, Samsung grants you a limited, revocable license to access and make personal use of Samsung eStore, but not to download, or modify it, or any portion of it, except with express written consent of Samsung. This license does not include any resale or commercial use of Samsung eStore or its contents; any collection and use of Product listings, descriptions, or prices, any derivative use of Samsung eStore or its content; any downloading or copying of account information for the benefit of another seller. You confirm that your right to access, use, deal with or transact at Samsung eStore shall not be assigned to any other person. You shall be responsible and liable for any misuse of your account.

You agree, undertake and confirm that your use of Samsung eStore shall be strictly governed by the following binding principles:

You shall not use the Samsung eStore:

For fraudulent purposes or in connection with a criminal offense or any other unlawful activity.

To send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is depicts sex, obscenity, pornography, paedophilia, is obscene and uses vulgar language, e.g. excessive swearing0, deceptive, misleading, abusive, indecent, insulting blasphemous, defamatory libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing;

To infringe upon or violate any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];

To gain unauthorized access or exceed the scope of authorized access to Samsung eStore or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of Samsung eStore or solicit passwords or personal identifying information for commercial or unlawful purposes from other users;

Solicit gambling or engage in any gambling activity which could be construed as being illegal;

Impersonate another person;

To threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or cause incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of Samsung eStore or any content, or in any way reproduce or circumvent the navigational structure or presentation of Samsung eStore or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through Samsung eStore. Samsung reserves right to bar any such activity.

You hereby expressly agree that any product or services purchased by you will not be sold, resold, bartered or in any way used for any commercial purposes or for profit. Samsung reserves the right to cancel any order(s) that classify as 'Bulk Order' as determined by Samsung as per certain criteria. Any rewards or benefits provided by Samsung and used by you for placing the 'Bulk Order' will not be refunded.

An order can be classified as 'Bulk Order' if it meets certain criteria adopted by Samsung for the purpose of identifying 'Bulk Order', including but not limited to:

Products ordered for commercial resale and not for self-consumption;

Multiple items ordered at the same address;

Bulk quantity of items ordered;

Invalid address given in order details;

Any malpractice used to place the order;

Multiple items ordered using the same mobile no, email address; or

Any other criteria as deemed fit by Samsung

Charges

Membership on Samsung eStore is free. Samsung does not charge any fee for browsing and buying on Samsung eStore. Samsung reserves the right to change the policy from time to time. In particular, Samsung may at its sole discretion introduce new products or services and modify some or all of the existing services offered on Samsung eStore. In such an event Samsung reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the policy shall be posted on Samsung eStore and such changes shall automatically become effective immediately after they are posted. Unless otherwise stated, all fees shall be quoted in Indian Rupees.

Disclaimer of Warranties and Liability

All the materials and products (including but not limited to software) and services, included on or otherwise made available to you through Samsung eStore are provided on “As Is” and “As Available” basis without any representation or warranties, express or implied except otherwise specified in writing.

Without prejudice to the foregoing paragraph, Samsung does not warrant that:

This Samsung eStore will be constantly available or available at all; or

The information on this Samsung eStore is complete or accurate

Samsung shall not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with Samsung eStore. Samsung does not warrant that Samsung eStore; information, content, materials, product (including software) or services included on or otherwise made available to you through this Samsung eStore; or any electronic communication sent are free of viruses or other harmful components.

You acknowledge and undertake that you are accessing the products or services on Samsung eStore and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through Samsung eStore. You further acknowledge and undertake that you will use Samsung eStore to order products/services only for your personal use and not for business purposes.

Customer Communication

When you use Samsung eStore, transact or send emails or other data, information or communication to us, you agree and understand that you are communicating with Samsung through electronic records and you consent to receive communications via electronic records from Samsung or authorized partner(s) periodically; as and when required. Samsung may communicate with you by email or by such other mode of communication, electronic or otherwise.

Our authorised partners (e.g – delivery partner), will communicate with you about your order and the purchased product through any of the mode using email, SMS, and telephone or all of them or any other mode. You must provide a valid email address and contact telephone and/or mobile number to Shop for this purpose.

From time to time, you may also receive some marketing material from Samsung. If you do not wish to receive such material, you may unsubscribe from mailing list at any time by using the unsubscribe function in the electronic marketing communication or by contacting Customer Care.

You agree that all agreements, notices, disclosures and other communications that provided to you electronically satisfy any legal requirement that such communications be in writing.

Links from Samsung eStore

Samsung eStore may contain links to other sites and resources provided by third parties, these links are provided for your convenience only. Samsung has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party sites linked to this Samsung eStore, you do so entirely at your own risk and subject to the terms and conditions of use for such sites and will be subject to such site’s terms and conditions.

Governing Law and Jurisdiction

The transactions on this Samsung eStore shall be governed by, construed interpreted, and enforced in accordance with the laws of India. Specific performance and damages any other disputes arising in respect hereto shall be subject to exclusive jurisdiction of the courts of New Delhi.

Reviews, comments, communications and other contents posted

No part of Samsung eStore and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Samsung eStore or other medium for publication or distribution or for any commercial enterprise, without express prior written consent.

Any User contributions you post to this Samsung eStore will be considered non-confidential and non-proprietary. By providing any contributions on this Samsung eStore, you grant Samsung and its affiliates and service providers, and each of their and Samsung’s respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such content or information. By posting any contributions to this Samsung eStore, you grant Samsung, its third-party service providers who provide content management services, and its retail partners and any person acting on Samsung’s or their behalf (collectively, the “Licensed Parties”) a perpetual, non-exclusive, non-revocable, worldwide right to use your contributions in any manner or media, including the right to adapt, modify, create derivative works, sublicense, assign and commercialize in any manner to be determined in the Licensed Parties’ sole discretion.

You hereby represent and warrant that (i) you own all rights in and to your contributions, (ii) you have permission from all person(s) appearing in your contributions to grant the rights granted herein; (iii) you are not a minor, and (iv) the Licensed Parties’ use of your contributions as described herein will not violate the rights of any third party or any law. You hereby release, discharge and agree to hold Samsung, the Licensed Parties, and any person acting on Samsung’s or their behalf harmless from any liability related in any way to the Licensed Parties’ use of your contributions.

Privacy

Samsung and its related companies will process, store and use personal information collected from you or on our behalf from your transaction on the Samsung eStore. Samsung may disclose or share your personal information with the third party service providers whom we work with in the course of our business including customer support, delivery, security, financial and legal advisory, banking, payment processing, credit reporting, fraud checks, data storage, information processing, order tracking, marketing, product reviews, responding to customer queries and complaints, technology services or law enforcement agency for compliance purposes or to assist with investigations.

Purchasing from the Samsung eStore and providing your personal information will be subject to Samsung’s Privacy Policy.

Trademark, Copyright and Restriction

All material and content on Samsung eStore, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by Samsung or by other parties that have licensed their material to Samsung. Material on Samsung eStore is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so.

Indemnity

User shall at all times fully release, indemnify and hold harmless Samsung, authorised partners, their officers, directors, agents, and employees, associate companies from any and all costs, losses, claims, demands, damages and liabilities, actions including costs and reasonable attorneys' fees, made by any third party and/or penalty imposed due to and/or arising out of User’s breach of the Terms of Use and/or User’s violation of any law, rules or regulations and/or the rights of a third party and/or the infringement by User including, without limitation, copyright and trademark infringement, obscene and/or indecent postings, and on-line defamation, and/or any third party using the User's account, of any intellectual property and/or other right of any person and/or entity.

Force Majeure

Samsung shall not be liable for any failure and/or delay on their part in performing any of its obligation under this Agreement and/or for any loss, damage, costs, charges and expenses incurred and/or suffered by You by reason there of if such failure and/or delay shall be result of or arising out of Force Majeure Event set out herein.

Explanation: "Force Majeure Event" means any event due to any cause beyond the reasonable control of Samsung , including, without limitation, unavailability of any communication system, sabotage, fire, flood, earthquake , pandemic, explosion, acts of God, civil commotion, strikes, lockout, and/or industrial action of any kind, breakdown of transportation facilities, riots, insurrection, hostilities whether war be declared or not, acts of government, governmental orders or restrictions breakdown and/or hacking of Samsung eStore and/or contents provided for availing the products and/or services, such that it is impossible to perform the obligations under the Agreement, or any other cause or circumstances beyond the control of Samsung which prevents timely fulfilment of obligation of Samsung.

Termination and Survival of the Terms

Samsung has the right to terminate, suspend, modify or withdraw Samsung eStore and/or change the Terms anytime with or without notice. Without limiting the foregoing, Samsung shall have the right to immediately terminate at any time your use of Samsung eStore, in the event of any conduct by you, which Samsung, in its sole discretion, considers to be unacceptable, or in breach of these Terms or for any other reasons whatsoever.

You may terminate these Terms at any time, provided that you discontinue any further use of Samsung eStore.

Jurisdictional Issues/Sale in India Only

Unless otherwise specified, the products and or services on Samsung eStore is presented solely for the purpose of sale in India. We make no representation that products and or services available on Samsung eStore are appropriate for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India, do so on their own initiative and we shall not be responsible for supply of products/refund for the products ordered from other locations/Countries other than India.

CONDITIONS OF SALE

Orders

You can place an order for the products and services by following the instructions on Samsung eStore. We will email you an order confirmation after we have received your order (“Order Confirmation”). An Order Confirmation or processing of your Order does not constitute acceptance of your order. The Order Confirmation is acknowledgement that we have received your order. We only accept your order, and conclude the contract of sale for a product ordered by you, when the product is dispatched to you and an e-mail confirmation is sent to you that the product has been dispatched to you (the "Dispatch Confirmation").

We reserve the right (at our sole discretion) to decline, reject or limit your order, for various reasons including, if:

You do not accept these Terms and Conditions (including the Privacy Policy);

You do not provide a valid shipping address within India or wrong address;

Your payment for the order is unsuccessful;

The Product you have ordered is not available or will not be available within5 days;

The information you provided us is incomplete or inaccurate;

Products ordered are for commercial resale and not for self-consumption;

Multiple items ordered at the same address or using the same mobile number or e mail address;

Bulk quantity of items ordered;

Any malpractice used to place the order; or

Any other criteria as deemed fit by Samsung

If we decline, reject or limit your order after you have made payment, we will notify you and refund the amount paid. If there are any errors on the Samsung eStore that affects your order or if there has been an error in the price of the Product you ordered, we reserve the right to correct the error and will endeavor to notify you of the same. In such case, you may either choose to purchase the Product at the correct price or information, or cancel your order and we refund you the amount paid.

Prices and Offers

All prices are in Indian Rupees and unless specified otherwise, include all applicable taxes and standard delivery charges. All promotional prices are final prices and cannot be clubbed with other existing promotional offers. Offers, prices, specifications and availability may change or be withdrawn without notice.

We take no responsibility for any editorial, photographic or typographic errors, and may correct any errors and change or update information on Samsung eStore without prior notice.

Payment and Payment methods

The total amount specified on the checkout page is the amount payable. We accept payment by valid Visa, AMEX, Diners and Master credit cards/debit cards, electronic wallets, UPI or other payment modes as enabled on the Samsung eStore. We are not liable for any fees incurred by you as a result of your chosen payment method. In certain circumstances, we may require a re-authorization for your chosen method of payment. However, you will not be charged twice if this occurs.

You, as a Buyer understand -

For completing the payment transaction, Samsung will be sharing your payment instrument details with payment gateway partners. It is hereby clarified that Samsung would not be storing any of your payment instrument details. Any and all collection, use, storage or further use shall be subject to your consent and in compliance to applicable guidelines issued by Reserve Bank of India (RBI) from time to time.

Accept and agree that the payment facility provided by Samsung is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment for the Transactions on Samsung eStore using the existing authorized banking infrastructure and payment gateway networks.

That upon initiating a transaction, you, are entering into a legally binding and enforceable contract with Samsung to purchase the products and/or services by using the payment facility.

You, shall be entitled to claim a refund of the transaction price (as Your sole and exclusive remedy) in case You do not receive the delivery within the time period agreed in the transaction or within the time period as provided in the policies, whichever is earlier. In case you do not raise a refund claim within the stipulated time then this would make you ineligible for a refund.

Except for Cash On Delivery transaction, refund, if any, shall be made at the same Issuing Bank from where transaction amount was received.

For Cash On Delivery transactions, refunds, if any, Samsung reserves the right to determine the refund method for each transaction and You shall be responsible for sharing the accurate financial and personal details as may be required by us to complete this transaction.

Refund shall be made in Indian Rupees only and shall be equivalent to the transaction price paid by the customer in Indian Rupees.

In case of any coupons, subvention, discount or cashbacks provided to the customer, refund shall be net of the coupon value, subvention, discount or cashback availed by the customer in Indian Rupees.

Refund shall be subject to you complying with Refund Policies.

Samsung reserves the right to impose limits on the number of transactions or transaction price received from a single valid Credit/Debit/Cash Card/Valid Bank Account/electronic Wallets, UPI and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India and reserves the right to refuse to process transactions exceeding such limit.

You acknowledge that Samsung will not be liable for any damages, interests or claims etc. resulting from not processing a transaction or any delay in processing a transaction which is beyond our control.

EMI

*Bank's EMI on Samsung eStore could be on the customer interest bearing model. EMI is on the sole discretion of the banks/issuers/Non Banking Financial Companies (NBFCs) at applicable rate of interest. All EMI related query/transaction is between You & the banks/issuers/Non Banking Financial Companies (NBFCs). Samsung shall not take any responsibility under any circumstances with regard to any dispute between You and banks/issuers/Non Banking Financial Companies (NBFCs).

Cash-on-Delivery Orders

Cash-on-Delivery (C-o-D) is an alternate method of purchasing from Samsung eStore, other than online payment). At the time of delivery, you need to pay the cash before the package is handed over.

Samsung may do such checks as it deems fit before approving the receipt of/buyers commitment to pay (for Cash On Delivery transactions) transaction price from the buyer for security or other reasons at its sole discretion.

When you choose C-o-D as a method of payment, you will be required to provide a valid mobile number. Customers will receive a confirmatory call by customer care on the number provided. C-o-D order will be processed only after the customer has confirmed the order on this call by Customer Care. In case of failure of confirmation of order, the order will be cancelled and email notifying cancellation will be sent to the customer. COD Orders will not be processed till successfully confirmed.

C-o-D is not available for all PIN Codes or if your order value exceeds ₹ 200000. Please note that you may open the packaging only after payment has been received.

SHIPMENT AND DELIVERY

Order Fulfilment

The orders will be shipped by Samsung’s authorised delivery partner, to address provided in the shipping address field at the time of placing the order. Samsung will not be responsible for any delay caused out of incorrect shipping address entered at the time of placing the order.

You can place orders for any of the products listed on the Samsung eStore. Acceptance of the order is subject to both payment and stock availability. Samsung reserves the right to refuse to execute any transaction/s with any customer without assigning any reason/s whatsoever.

Samsung reserve the right to restrict delivery to specific locations or delivery facilities. Samsung shall not deliver any product to MailBox locations.

Product Receipt and Acceptance Confirmation Process

Please ensure that you inspect the product as soon as you accept it from our authorised delivery partner. In case of any physical damage to the outer or inner packaging, either refuse to accept delivery or accept delivery only after putting a suitable remark on the proof of delivery receipt document. Samsung retain the right to withhold refund/replacement of the damaged product if you fail to put a note about the nature of damage on the courier receipt confirmation slip.

In case of any damage to the actual product, you are required to inform Samsung’s customer care within 24 hours of receipt of the product post which we shall not be liable in any manner for refund/replacement against the damage or any product related issues.

Cancellation and variation before delivery

Unless otherwise provided in these Terms and Conditions, Orders cannot be cancelled or amended once Order Confirmation is sent to You.

Samsung reserves the right to accept or cancel orders for any reason. You agree not to dispute the decision made by Samsung and accept Samsung’s decision regarding the cancellation. Samsung also reserve the right to cancel your order in case of:

Problems identified by credit and fraud avoidance department.

Inaccuracies or errors in Product or pricing information.

Limitations on quantities available for purchase.

Products ordered for commercial resale and not for self-consumption;

Multiple items ordered at the same address;

Bulk quantity of items ordered;

Invalid address given in order details;

Any malpractice used to place the order;

Multiple items ordered using the same mobile no, email address; or

Any other criteria as deemed fit by Samsung.

Any other reasons beyond reasonable control of Samsung.

Samsung may also require additional verifications or information before accepting any order. Samsung will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your payment has been debited, said amount will be returned back to your Issuing bank from where the transaction was made.

Delivery Errors

If we make an error by delivering the incorrect product and/or quantity to you, we will provide you with the correct product and/or quantity and will arrange return or collection of the incorrect product at no cost to you. Please contact us to arrange for return of the product.

Product Damaged/Defective on Arrival

If the product delivered to you has obvious damage on its packaging or upon opening the packaging you discover that the product has sustained physical damage, please contact us within 24 (Twenty Four) hours from the time of delivery. You will also be required to provide us with proof of purchase and any delivery documentation.

We reserve the right to inspect the product and verify fault on return. You are required to return the faulty product to us for assessment and the product must be returned in good condition with documentation and original accessories intact, along with proof of purchase, the original packaging materials, original brand box, shipping label and packaging slip. We will notify you of our assessment within a reasonable period of time. If a product is found to be faulty, you are entitled to have the product repaired, replaced or a refund in accordance to your rights under law. All refunds will be made via the payment method used for the original transaction.

If we reasonably determine after inspection that the product is not faulty, or if the fault is caused by you, or is a fault that is not covered under the product warranty, we reserve the right to refuse a refund, replacement or repair and to charge you the cost of collecting the product from and returning it to you plus any costs of inspecting the product.

If product is defective/malfunctions or does not function as per mentioned either on product or Samsung eStore, then please contact our Customer Care within 24 (Twenty Four) hours from the time of delivery.

For units installed beyond the municipal limits of the jurisdiction of our authorized service centre, it is responsibility of the customer to contact the nearest authorized service centre and bring the unit to the authorized service centre at customer's cost and risk.

Please refer to our FAQ section on the Samsung India website/app for additional details.

PRODUCT WARRANTIES

All products included on or otherwise made available to you on the Samsung eStore shall be covered by standard product warranty.

Title and Risk of loss

When you purchase products, title is transferred to you on delivery. The risk of loss or damage in Product will pass to you on delivery of the Product.

LOSSES

To the extent permitted by law, we (including our related bodies corporate, officers, employees and agents) exclude all liability arising from your use of the Samsung eStore any interruption of use, any bugs, viruses, malware.

We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the Samsung eStore.

GENERAL

Samsung will not be liable for any loss or damage suffered or incurred by you for any delay in fulfilling or failure to fulfill your Order caused by any circumstance beyond our reasonable control.

Any provision of these Terms of Use which is held to be illegal, void or unenforceable shall be deemed to be severed and the remainder of these Terms and Conditions should be read in full force and effect.