These Customer Terms and Conditions of Sale (together with the documents referred to on it) (terms and conditions) tells you the terms and conditions on which we supply any of the products (Products) listed on our websitehttp://www.samsung.com/nz (our website) to you. These terms and conditions do not cover the sale of our Products by third parties to you.
Please read these terms and conditions carefully and understand them, before ordering any Products from our website. 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 our website. You may print a copy of these terms and conditions, however, please be aware Samsung Electronics New Zealand may update these terms and conditions from time to time in accordance with clause 19. These terms and conditions are therefore only applicable to this specific purchase.
1. Information about usExpand
2. Service availabilityExpand
We do not accept orders from addresses outside New Zealand nor do we accept orders for delivery to addresses outside New Zealand.
3. Your statusExpand
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 resident in New Zealand;
(d) you are accessing our website from New Zealand; and
(e) you are a private individual and purchasing Products in your capacity as such.
4. How the contract is formed between you and usExpand
4.1 Your order is an offer to us to buy the Product(s) in your order. You are deemed to have placed an order with us by ordering via our online checkout process. After placing an order, you will receive an e-mail from us acknowledging that we have received your order and containing an Order Reference Number and details of the Product(s) you have ordered (Order Confirmation). Please note that the Order Confirmation is acknowledgment that we have received your order and does not mean 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 has been dispatched (Dispatch Confirmation). We may refuse to accept your order:
(a) where the Product is not available;
(b) where we cannot obtain authorisation for your payment;
(c) if there has been a pricing or Product description error (see clause 9.3 below); or
(d) if you do not meet the eligibility criteria set out in clause 3 above.
4.2 The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation. The parties to the Contract are you and Samsung Electronics New Zealand Limited.
4.3 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
5. Our statusExpand
We may also provide links on our website to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that Products you purchase from third party sellers through our website, or from companies to whose website we have provided a link on our website, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. If you would like information about your legal rights you should contact your citizens advice bureau. We will notify you when a third party is involved in a transaction, and we may disclose your personal information related to that transaction to the third party seller.
6. Consumer rightsExpand
6.1 If your product is defective when you receive it, or becomes defective within a reasonable amount of time (in accordance with the Consumer Guarantees Act 1993), please contact us to arrange a repair, or where
a) Samsung is unable to repair; or
b) the product suffers a failure of substantial character,
an exchange or a refund.
6.2 For the avoidance of doubt, nothing in these terms and conditions shall be construed as limiting or otherwise preventing you from exercising your consumer rights.
7. Availability and deliveryExpand
7.1 We can deliver anywhere in mainland New Zealand. Current delivery exclusions are Great Barrier Island, Chatham Islands and Stewart Island.
7.2 We offer delivery by courier. A delivery tracking number will be specified on the Dispatch Confirmation to the courier's website for you to follow the status of your delivery.
7.3 We will deliver the Products to the delivery address you specify in your order. We will instruct the courier not to deliver the Products to your delivery address unless there is someone present to accept and sign for them. If you have not received the Product(s) within the estimated delivery time specified in the Dispatch Confirmation you should contact us via our website or by email or by telephoning the Customer Call Centre (details are available here: Contact Us ).
7.4 Delivery of a product does not include installation unless expressly stated on our website
8. Risk and titleExpand
8.1 The Products will be your responsibility from the time of delivery.
8.2 Ownership of the Products will only pass to you on the later of either delivery or when we receive full payment of all sums due in respect of the Products.
9. Price and paymentExpand
9.1 The price of the Products will be as quoted on our website from time to time, except in cases of obvious error. Product prices include GST at the current rates. The price quoted on our website for Products excludes delivery charges which are quoted separately on our website.
9.2 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
9.3 Our website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our website, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it. If the pricing error is obvious and unmistakable 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.
9.4 Payment for all Products must be made either by credit or debit card or by PayPal and is collected on our behalf byPayPal and GlobalCollect. We accept payment by Visa, Mastercard, American Express and PayPal... A payment by credit or debit card will only be charged at or shortly after the time you place your order.
10. Our returns policyExpand
10.1 If you wish to return a Product to us please contact us via our website or by email or by telephoning the Customer Call Centre (details are available here: Contact Us). We will then inform you of the arrangements to return the Product to us.
10.2 If you are returning a Product to us:
(a) Where you are entitled to a refund, we will refund the price of the Product in full. We will be responsible for collecting any returned Product from your address in New Zealand
because you have notified us in accordance with clause 19 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 is defective, we will examine the returned Product 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 from you as to whether the Product is defective. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund.
10.3 Subject to clause 10.4 below, if you believe that a Product you have ordered from us is defective, you should contact us via our website or by email or by telephoning the Customer Call Centre (details are available here: Contact Us). We will advise you of the appropriate steps to take. If you notify us within 14 days of delivery of the Product that the Product is defective, you will have the option to select either a repair, an exchange or a refund. If a fault is found after 14days of delivery of the Product, you should contact us Contact Us by telephoning 0800 SAMSUNG (726 786) and we will at our discretion either repair or replace the Product and deliver the repaired or replacement Product to you, or provide a refund.
10.4 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 and return the Products to us, we may have a right of action against you for compensation. When returning a Product to us we recommend you obtain a proof of posting. In all cases, we reserve the right to inspect the Product and verify the fault. For an exchange or refund, the Product must be in otherwise ‘as new’ condition and if possible with the original packaging. We reserve the right to refuse a refund or exchange if the Product returned is deemed to have been damaged.
10.5 We will usually make any refunds using the same method originally used by you to pay for your purchase.
10.6 We do not cover faults caused by misuse, neglect, physical damage, tampering or incorrect adjustment or normal wear and tear. Products sold on our website 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. Please do not remove the serial number.
10.7 This Returns Policy does not affect your statutory rights.
11. Product warrantiesExpand
12. Our liabilityExpand
12.1 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 section 14 of the Sale of Goods Act 1908 or section 5 of the Consumer Guarantees Act 1993;
(d) defective products under the Consumer Guarantees Act 1993;
(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.
12.2 Subject to clauses 12.1 and 12.3, 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.
12.3 Subject to clause 12.1, 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 or revenue; (b)loss of business;
(c)loss of profits;
(d)loss of anticipated savings;
(e)loss of data; or
(f)waste of management or office time.
However, this clause 12.3 will not prevent claims for loss of or damage to your physical property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this clause 12.3.
13. Written communicationsExpand
Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our 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 to Samsung Electronics New Zealand Limited at 24 The Warehouse Way, Northcote, Auckland, 0627 (FAO: Executive Office). 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 clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three 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.
15. Transfer of rights and obligationsExpand
15.1 The Contract between you and us is binding on you and us and on our respective successors and assignees.
15.2 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.
15.3 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.
16. Events outside our controlExpand
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control (Force Majeure Event).
16.2 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; and
(g)pandemic or epidemic.
16.3 Our performance under the Contract is deemed to 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.
17.1 If we fail, at any time during the term of the Contract, to insist upon strict 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 or remedies and will not relieve you from compliance with such obligations.
17.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
17.3 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 clause 14 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.
19. Our right to vary these terms and conditionsExpand
19.1 We have the right to revise and amend these terms and conditions from time to time by posting them on our website.
19.2 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 to the contrary prior to receipt by you of the Product).
20. Our websiteExpand
20.1 We own or are licensed users of all intellectual property rights in our website and all material and content on our website. You may use this site and the materials and content on our website for personal, non-commercial use only. All other use or reproduction of our website or materials or content on our website is strictly prohibited.
20.2 Our website is provided on an ‘as is’ and ‘as available’ basis without any representation made and we make no warranties of any kind, whether express or implied, in relation to our website. We make no warranty that our website will meet your requirements or will be uninterrupted, timely or error-free or that our website or the server that makes it available are free of viruses or bugs.
20.3 While we endeavour to ensure that our website is normally available 24 hours a day, we will not be liable if for any reason our website is unavailable at any time or for any period. Access to our website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control as set out in clause 16 above.
21. Data protection and privacyExpand
22. Third party rightsExpand
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 under the Contracts (Privity) Act 1982.
23. Applicable lawExpand
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 New Zealandlaw. 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 New Zealand.
24. Entire agreementExpand
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 variations from these terms and conditions to be confirmed in writing.
(version 4, 27th of Mar 2014)