TERMS AND CONDITIONS OF PURCHASE

1. CONDITIONS OF USE 

BY USING THE SAMSUNG ENHANCED PARTNERSHIP PROGRAM SITE (THE “EPP SITE”) OR BY MAKING A PURCHASE THAT IS ENTERED THROUGH THE EPP SITE, YOU ARE ACCEPTING AND AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS OF PURCHASE ON YOUR OWN BEHALF, OR AS APPLICABLE, ON BEHALF OF THE PARTY ON WHOSE BEHALF YOU ARE MAKING A PURCHASE. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS OF PURCHASE, PLEASE DO NOT USE THE EPP SITE OR VISIT THE EPP SITE. THE TERMS AND CONDITIONS OF PURCHASE, AS STATED HEREIN, SUPERSEDE ANY AND ALL TERMS OF PURCHASE OR SALE THAT MAY BE FOUND ELSEWHERE. ANY ATTEMPT TO MODIFY OR ALTER THIS DOCUMENT WILL BE DEEMED NULL AND VOID, UNLESS FIRST APPROVED BY SAMSUNG ELECTRONICS CANADA INC. (“SECA” OR “WE”) IN WRITING AND ON OFFICIAL COMPANY LETTERHEAD. 

We may, in our sole discretion, revise these Terms and Conditions of Purchase at any time without advance notice to you by posting the revised Terms and Conditions of Purchase on the EPP Site.  It is your responsibility to regularly review these Terms and Conditions of Purchase. If you place an order on the EPP Site, you will be bound by the Terms and Conditions of Purchase posted on the EPP Site at the time you place such order. Your order will be deemed to have been placed at the time you complete our online checkout process. 

Your use of the EPP Site must comply with all applicable laws, and it is your responsibility to determine whether your use of the EPP Site is legal. By placing an order on the EPP Site, you agree and confirm that the products will be used for personal use only, and not for resale or any commercial purposes. 

2. AGREEMENT  

These Terms and Conditions of Purchase constitute an agreement between you and SECA, regarding your access and use of the EPP Site, all content, products and services available on or through the EPP Site and your purchase of any products or service or placement of any order through the EPP Site. In addition, by agreeing to these Terms and Conditions of Purchase, you are also agreeing to the collection of personal information through the EPP Site in accordance with these Terms and Conditions of Purchase and our Privacy Policy available at https://www.samsung.com/ca/info/privacy/. 

The products and services advertised, listed or described on the EPP Site are invitations to you to make offers to SECA to purchase from SECA such products or services, and are not offers to sell products or services to you. You are deemed to make an offer to SECA to purchase from SECA the products or services referenced in your order upon submitting an order to us via the online checkout process.  

3. BUYER'S REPRESENTATIONS AND WARRANTIES 

By using and/or placing orders on the EPP Site, you represent and warrant that:

·        You meet the eligibility requirements for use of the EPP Site set out in the Eligibility Requirements document;

·        All information you provide through the EPP Site is true, accurate and complete;

·        You accept full responsibility for all charges, duties, fees, taxes and other financial liability resulting from your use of the EPP Site or your user account; 

·        You consent to the collection, use and disclosure of the personal information that you provide through the EPP Site on the terms set out in our Privacy Policy and these Terms and Conditions of Purchase; and

·        Your purchase of any product is for personal use only, and not for resale.

4. USER ACCOUNT AND CONDITIONS OF USE 

To access some features of the EPP Site, you may need to register for a user account.  You are solely responsible for the activity that occurs in your user account, and it is your responsibility to keep your user account password secure. 

You agree to immediately notify SECA of any breach of security or any unauthorized use of your user account.  You will be liable for any losses arising from any unauthorized access to or use of your account caused by you. 

5. AVAILABILITY OF PRODUCTS  

We do not guarantee that products as shown on the Website will be available for purchase or immediately available for delivery. Orders will be placed based on current inventory only. 

SECA does not make any claim that products that are found within the EPP Site are available in other locations, including retailers, direct carrier stores, and other agent locations, whether in Canada or outside of Canada. Further, SECA does not make any claim that the products available in other locations, including retailers, direct carrier stores, and other agent locations, whether in Canada or outside of Canada, are or will be available on the EPP Site. 

In the event that a product is not available at the SECA warehouse closest to your preferred delivery address, cross shipping of such product from another warehouse is not permissible. 

6. QUANTITY RESTRICTIONS  

The total price of all products purchased cannot exceed an annual maximum of $10,000 CAD per user account.  

7. PAYMENT TERMS AND ADDITIONAL CHARGES 

All payments are subject to approval by appropriate financial institutions. SECA is not liable in any way if the appropriate financial institution refuses to accept or honor a method of payment for any reason. The method of payment will be processed upon order placement and acceptance.  

You agree to pay for the product purchase price, and all charges not included in the purchase price, which may include taxes, shipping, handling and delivery fees, and environmental handling fees, if and when applicable. 

8. OWNERSHIP OF THE PRODUCTS  

Title to any product purchased by you will pass to you once the product is delivered to the delivery address specified in your order. In the event that the delivery address is a building that requires deliveries to be received in a common area (such as a concierge or security desk), title of the product will pass once the product is delivered to the common area. Except as otherwise provided in these Terms and Conditions of Purchase, you accept all risk of loss, theft or damage to the products you purchase once they have been delivered to the delivery address specified in your order. In the event that you designate another person to accept the product on your behalf, you will be deemed to have received the product upon that acceptance.   

If you refuse or fail to accept delivery of any products you order, with the exception of refusals related to visible delivery damages or due to any of the reasons stated in the Return and Cancellation Policy set out below, any risk of loss, theft or damage will pass to you, and not limiting any other rights or remedies SECA has, SECA:

a. Will remain entitled to payment in full for the products shipped to your delivery address, including any delivery fees incurred; and

b. May effect any required additional delivery by whatever means it considers appropriate, and you will be liable for all additional costs incurred as a result of such refusal or failure to accept delivery.  

9. SHIPPING AND HANDLING 

SECA will deliver products to a valid shipping address provided by you that is located within select delivery areas in Canada only. SECA does not deliver to P.O. Boxes nor to all areas of Canada.  

Delivery will be effected by scheduled carrier delivery or parcel delivery, depending on the type of product purchased as indicated at checkout.   

If you do not receive your order within the estimated delivery time specified in your shipping confirmation email, please contact SECA through the online shopping web chat https://www.samsung.com/ca/support/, select Online Shopping, by phone at 1-855-254-4747. While SECA or its designated delivery company will make a reasonable effort to deliver your products within the estimated delivery time specified in your shipping confirmation email, SECA does not guarantee delivery by that time.

You must provide a proper shipping address as entered in your user account. Failure to provide proper shipping information could result in additional shipping charges for resending the products. In the event of reshipping because of inaccurate shipping information provided by you, you will be held liable for all additional shipping charges.  

10. DELIVERY 

a. Scheduled Carrier Delivery 

Major appliances and large TVs, as determined by SECA, will be delivered to you by scheduled carrier delivery to your residence. The scheduled carrier delivery fee includes basic installation of certain appliances, subject to these Terms and Conditions of Purchase. Additional services such as haul-away, movement within premises of old products pedestal installation, door reversal and sacking of new products are not included in the delivery fee, but may be purchased separately at an additional cost. 

Upon placing your order, you may request a delivery date. The delivery date and the timeframe will be confirmed within 24 hours prior to such requested delivery date. This delivery date must be confirmed by the scheduled carrier delivery company, and SECA is not responsible if the scheduled carrier delivery company is unable to deliver the products due to unforeseen circumstances. To change your requested delivery date, please contact SECA through the online shopping web chat https://www.samsung.com/ca/support/, select Online Shopping, by phone at 1-855-254-4747. Although SECA will attempt to accommodate changes to requested delivery dates, SECA may be unable to do so. Please note that all products ordered must be delivered within thirty (30) days of the date of purchase, unless otherwise agreed to in writing by SECA.  

SECA will not be held liable or responsible if the product purchased does not fit through the door, stairwell or into the designated place for the product. Please note that the scheduled delivery company reserves the right to refuse delivery or to provide additional services in unsafe moving conditions or conditions that may cause damage to the products or personal property, or that may cause personal injury. In the event that the product does not fit through the door, stairwell or into the designated place for the product, the product will be either placed in your garage or on your driveway and you will be responsible for making alternate arrangements to bring the product inside the residence.  

To prepare for your delivery:

  • Measure all spaces, including hallways, stairs, doors and delivery pathways, to ensure there is at least a three (3) inch clearance on either side of the product. Remove doors, gates or railings if necessary.
  • Ensure there is a safe pathway, including on all driveways, walkways, steps and stairs. 
  • Please secure any pets. 
  • Disconnect and empty old appliances, or disconnect and remove old televisions from wall mounts. 
  • If you have purchased an appliance, ensure you have brand new installation kit applicable to your product (e.g., connectors, hoses, venting kit, etc.). Such items are sold separately and are not included with the purchase of your appliance. 
  • Ensure that a person who has reached the age of majority in your province or territory is home to accept the delivery. 
  • Reserve the service elevator, if a service elevator is required.

Inspect your product to ensure you are satisfied with the condition of the product before signing to accept the delivery. The services included in your scheduled carrier delivery are based on the product purchased, and may include the following: 

i. Room of choice delivery for all products; and

ii. Basic installation services, subject to these Term and Conditions of Purchase:

Refrigerators*

  • Placing and leveling of your product where requested
  • Connecting the icemaker or ice and water dispenser
  • Door reversal and installing the handle, if applicable

* For ice and water dispensing refrigerator models, a working water shut-off valve must be located within six (6) feet of, and on the same floor as, the refrigerator. The shut-off valve must be corrosion-free and require no plumbing alterations. 

Washer/Dryer (electric)**

  • Placing and leveling of your product where requested
  • Connecting the dryer to the new metal dryer venting kit (sold separately)***
  • Connecting to existing hot and cold waterlines and drain (a new installation kit is required, which is sold separately)
  • Door reversal, if applicable
  • Removal of shipping bolts

**A working water shut-off valve must be located within four (4) feet of the washer, on the same floor. The shut-off valve must be corrosion-free and require no plumbing alterations. ***A metal dryer venting kit for the dryer must be purchased and installed prior to the arrival of the delivery agent 

Note that SECA does not provide any installation services on the following products:

  • Products that require a gas connection; 
  • Dishwashers; 
  • Ranges; 
  • Over the counter microwaves. 

 The following services may be purchased at an additional fee:

  • Move within premise:
    • Moving an old appliance or television within your home to a desired location 
  • Haul away:
    • Removing an old appliance or television from your home and disposing of it
  • Pedestal installation:
    • Installing a washer or dryer pedestal and placing the new appliance on top of the pedestal
  • Door reversal:
    • Removing the washer, dryer or fridge door to allow it to open from the opposite direction
  • Stacking - Washer and Dryer:
    • Placing the Dryer on top of the washer and securing it with the stacking kit (sold separately)

 b. Parcel Delivery 

All products that are not delivered by scheduled carrier delivery, as determined by SECA, will be delivered to you by parcel delivery free of charge. The exact date and time of delivery cannot be guaranteed. Tracking information may be available once shipment starts. Please note that a signature may be required upon receipt of your order. You agree and understand that SECA uses a third-party to effect parcel delivery. This third party may have terms and conditions to effect delivery of your product which may apply to you.  

11. RETURN AND CANCELLATION POLICY  

  1. Cancellation

Order cancellation for products to be delivered by a scheduled carrier delivery:

You can cancel an order as long as we have not started the shipping or delivery process. To cancel an order, please contact Samsung through the online shopping web chat https://www.samsung.com/ca/support/ (select Online Shopping), by phone at 1-855-254-4747. If we have not yet started the shipping or delivery process, we may refund your product purchase price as well as delivery, shipping, and service fees.

*Please note: We cannot accept partial order cancellations.

Order cancellation for products to be delivered by parcel delivery:
 

    • There is no cancellation for products to be delivered by parcel delivery.

Order cancellation for products bought online to be picked up at a Samsung Experience Store:

You may cancel your order at any time prior to the product being picked up and will receive a full refund. You will have 14 days from the date of the email notifying you that your item is ready for pick-up at the SES location you selected to pick up your order. If you fail to pick up your order within that time, your order will be canceled and your payment will be refunded.

  1. Product Returns

Please Note: Once you have received your product, You have 48 hours to report concealed damage. See section 8(c) of these Terms of Use, below.

For most products, returns are allowed within fifteen (15) days of your receipt of the product, subject to these Terms of Use. For large appliances (including refrigerators) returns are allowed within (7) days of your receipt of the product, subject to these Terms of Use. For small appliances (including Microwaves and Vacuums) returns are allowed within (15) days of your receipt of the product, subject to these Terms of Use. In addition to rights you may have under applicable laws, you may return any product within applicable return period if:
 

    • The product or any Promotional Product (as defined herein) is accompanied by all original packaging, manuals, accessories, free items and other components or parts that accompanied such product or Promotional Product, as the case may be, when it was delivered; and
    • The product or any Promotional Product, and any packaging, manuals, accessories, free items and other components or parts accompanying that Product or Promotional Product, as the case may be, must be in their original, undamaged condition.
    • Promotional Products: If a purchased product was accompanied by a gift-with-purchase (GWP), bonus or free item, product-with-purchase (PWP) or promotional bundled product (in each case, a “Promotional Product”) and the original purchased product was returned or exchanged, the customer must also return the Promotional Product(s).
      1. If a GWP purchase is returned and the Promotional Product is not returned, Samsung may, in its sole discretion: i) reject the return; ii) accept the return and charge your original payment method for the price of the Promotional Product; or iii) reduce the amount of the refund credit by the amount of the price of the Promotional Product not returned.
      2. If part of a PWP or promotional bundled purchase is returned and a Promotional Product is not returned, Samsung may, in its sole discretion: i) charge your original payment method for the difference in the price paid for the PWP and the regular price of the PWP or promotional bundled products retained by the customer; or ii) the amount to be credited back to your original payment method will be reduced by the difference price paid for the PWP and the regular price of the PWP or promotional bundled products retained by the customer.

    • Large Appliances Returns:

      For large appliances, there will be a 25% re-stocking fee if a product is returned. Delivery, installation, and any fees for additional services are non-refundable.

      Subject to applicable laws, return requests for large appliances made after the seven (7) day returns period or for small appliances made after the (15) day returns period will not be accepted. This provision applies notwithstanding any other term or condition of these Terms of Use.

      For returns of large appliances, please contact Samsung through the online shopping web chat https://www.samsung.com/ca/support/ (select Online Shopping), by phone at 1-855-254-4747.


Samsung will refuse the return of any product that has been abused or used for non-intended purposes, or that is not covered by, or has damage that is specifically excluded by, the manufacturer’s limited warranty applicable to your product.

  1. Dead-on-Arrival, Damaged-on-Arrival or Defective Products

    If your product appears to be damaged on arrival or, dead on arrival (collectively, “DOA”), or otherwise defective upon delivery or following pick-up in-store:
    • You must contact Samsung to report such damage, DOA or defect within forty-eight (48) hours after delivery, by contacting the online shopping web chat at https://www.samsung.com/ca/support/ (select Online Shopping), by phone at 1-855-254-4747. For Bespoke Panels only, you must contact Samsung within seven (7) days of delivery to report such damage, DOA or defect.
    • Upon returning your product to Samsung in accordance with these Terms of Use, a diagnostics test will be performed to validate whether or not the product is defective.
    • If the product is found not to be defective (based on the reason you provided with the return request), your product will be returned to you and no credit or refund will be issued.
    • If the product is found to be:
      Defective or DOA (based on the reason you provided with the return request), we will replace or refund the product (in our sole discretion).
      1. Following the inspection and determination that your product is defective, your replacement product will be sent to you free of charge.
      2. After the first 48 hours, your product will be repaired, replaced, or refunded, in Samsung’s discretion, according to the manufacturer’s warranty. Please note: if you receive a replacement product, it is not eligible for return as set out in section 8(b), above, but will be handled in accordance with this section 8(c).
      3. If applicable, your refund will be processed to your original payment method as soon as possible (including any taxes paid) and in any event not later than the time period required under applicable law.
    • If your product was shipped by scheduled carrier delivery, you may choose to replace your defective product with a new Samsung product of the same model (subject to product availability) instead of receiving a refund. The delivery fee of the replacement product will not be charged to you.
  2.  
    • Parcel Delivery Returns:

      If a product is delivered via parcel delivery, the delivery fee will not be refunded unless otherwise stated in these Terms of Use.

      Subject to applicable laws, return requests made after the fifteen (15) day returns period will not be accepted. This provision applies notwithstanding any other term or condition of these Terms of Use.

      You may return products in-store at any Samsung Experience Store in Canada, or by mail. For in-store returns, please visit your nearest Samsung Experience Store. You must provide valid photo identification and your original receipt to return your product.

      To request a return via mail:
    • All parcel returns must have a Return Merchandise Authorization (RMA) number marked clearly on the return shipping label.
    • To obtain an RMA number, please contact Samsung through the online shopping web chat https://www.samsung.com/ca/support/ (select Online Shopping), by phone at 1-855-254-4747.
    • If you return a product without a valid RMA number and/or pre-printed waybill, Samsung will not issue a credit or refund for the returned product, which will be shipped back to you at your cost, or disposed of at Samsung’s discretion thirty (30) days following notification to you that the return does not comply with these Terms of Use.

      Samsung does not guarantee the compatibility of any product, and it is your sole responsibility to ensure the compatibility of any products prior to purchase. If you have any questions or concerns about the operation of your product, please contact Samsung Customer Service at 1-800-SAMSUNG.

Samsung will refuse the return of any product that has been abused or used for non-intended purposes, or that does not comply with the manufacturer’s limited warranty applicable to your product.

  1. Damage to Packaging and/or External Carton

    For Buy Online, Pick-up in Store Purchases: Upon receipt of your product, please ensure you inspect its condition and the packaging/external carton carefully. If the packaging or external carton of the product shows any sign of damage (including but not limited to scratches, tears, punctures and stains), tampering (including but not limited to open product, broken seal, and re-taped) or abuse, please ensure that you:

                 i.Notify a store associate immediately.
 

    • Refuse the order/product with the damaged packaging and/or external carton.

      For Online Delivery orders: Upon receipt of your product, please ensure you inspect its condition and the external carton carefully. If, at the time of delivery, the external carton of the product shows any sign of damage (including but not limited to scratches, tears, punctures and stains), tampering (including but not limited to open product, broken seal, and re-taped) or abuse, please ensure that you:


              iii.indicate that the external carton is damaged on the driver's route sheet, bill of lading, or waybill; and
 

    • refuse the shipment.

If, at the time of delivery, you are aware that the external carton is damaged, but you choose to accept delivery, please follow these steps:
 

    • Indicate “DAMAGED UPON DELIVERY" on the driver's route sheet, bill of lading or waybill when signing for acceptance of delivery.
    • Report your findings within forty-eight (48) hours through the online shopping web chat at https://www.samsung.com/ca/support/ (select Online Shopping), by phone at 1-855-254-4747. Samsung, or a third party service provider, will make arrangements to investigate the product. For Bespoke Panels only, you must contact Samsung within seven (7) days of delivery.
    • The external carton must be retained and not have been moved from the original “ship to” location.


SAMSUNG SHALL NOT IN ANY WAY BE RESPONSIBLE IF ANY PRODUCT OR EXTERNAL CARTON OF THE PRODUCT DISPLAYS DAMAGE, TAMPERING OR ABUSE WHICH IS NOT NOTED AT THE TIME OF DELIVERY.

  1. Missing Products or Components

    If you find that any product, or a component of the product, is missing, or there is a short-shipment or over-shipment of your order, please contact Samsung within forty-eight (48) hours of acceptance of delivery through the online shopping web chat at https://www.samsung.com/ca/support/ (select Online Shopping), by phone at 1-855-254-4747.

    If the issue is reported within forty-eight (48) hours of acceptance of delivery, and if the carton is not damaged and has not been moved from its original “ship to” location, Samsung, or a third party service provider, will commence an investigation. In the event that Samsung or its agent must investigate your delivery or product, you must keep the original shipping carton, all parts, packing material, and the product. If the investigation finds that no fault has been found with the packing, shipping and/or delivery, the investigation will be closed, with no compensation or product replacement.

    SAMSUNG SHALL NOT IN ANY WAY BE RESPONSIBLE IF A PRODUCT OR COMPONENT(S) ARE MISSING AND ARE NOT REPORTED WITHIN 48 HOURS OF DELIVERY, AND/OR IF THE EXTERNAL CARTON HAS NOT BEEN RETAINED.


  2. General Return Conditions

    As part of the returns process, we want to address your privacy concerns. Before you return any product, it is your responsibility to delete any confidential, proprietary, or personal information, including de-activating your Google ID and any other accounts associated with the product, and removing all data and content stored on the product, if applicable.

    Please ensure you have backed up or saved your information elsewhere before wiping the device clean. Subject to applicable law, Samsung will not be responsible in any way for any loss, disclosure of or damage to any data or content stored on the product, and Samsung will not in any way be responsible for returning any data or content stored on the product back to you.

    If the product you purchased is a phone or tablet, please wipe your product clean of your personal information, prior to returning it, by doing the following:

    • Select Settings
    • Select General Management
    • Select Reset
    • Select Factory Data Reset
    • Select Reset Device (Device requires end user pattern/pin code)
    • Select Erase Everything


Wireless service providers have different policies for the cancellation of their services. You are solely responsible for any service fees associated with your product. Samsung will not be responsible in any way for any amounts, fees, or charges of any kind (including termination charges) associated with your wireless service provider. It is your responsibility to contact your wireless service provider for information about its policies.

12. WARRANTIES 

The purchase of any Samsung product is subject to additional terms and conditions found at http://www.samsung.com/ca/support/warranty and found within the manufacturer’s limited warranty applicable to your product.  

13. DISCLAIMER OF WARRANTIES

YOUR ACCESS TO AND USE OF THE EPP SITE IS AT YOUR OWN RISK.  THE EPP SITE AND CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATED TO ACCURACY, ACCESSIBILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE DISCLAIMED BY SECA TO THE FULLEST EXTENT PERMITTED BY LAW. 

SECA DOES NOT REPRESENT THAT THE EPP SITE OR THE CONTENT CONTAINED ON THE EPP SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS EPP SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY OR CERTAIN DAMAGES AND YOU MAY HAVE ADDITIONAL RIGHTS. IF THE LAWS OF SUCH JURISDICTIONS APPLY TO YOU, SOME OR ALL OF THE FOLLOWING EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. SECA AND ITS RESPECTIVE EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES, OR DAMAGES RESULTING FROM ANY: (1) ERRORS OR OMISSIONS IN CONTENT, (2) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR YOUR USER ACCOUNT AND/OR ANY AND ALL PERSONAL INFORMATION AND OR FINANCIAL INFORMATION STORED THEREIN, (3) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE EPP SITE, OR (4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE EPP SITE BY ANY THIRD PARTY.  THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE LEGAL THEORY GIVING RISE TO THE DAMAGES (INCLUDING CLAIMS FOR NEGLIGENCE), AND EVEN IF SECA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.   

14. EXCLUSION AND LIMITATION OF LIABILITY  

For any breach of these Terms and Conditions of Purchase, your sole and exclusive remedy for a defective product or other claim shall be, at SECA’s option, a repair or replacement of such product, or a refund or credit of the purchase price of the product provided that in no event shall SECA’s maximum liability exceed the total price of the product ordered by you. In no event shall SECA be liable to you or any third party for any special, indirect, consequential or punitive damages for any breach of these Terms and Conditions of Purchase, including but not limited to loss of profits, business, goodwill or use, even if SECA has been advised of the possibility of such loss or damage. SECA shall not be liable if it is unable to perform any of its obligations as contained in these Terms and Conditions of Purchase due directly or indirectly to the failure of any machine, system of authorization, data processing or communication system transmission link or any dispute, strike, work stoppage, war, natural disaster, explosion, act of God, or any other event beyond the control of SECA. Some provinces do not allow the exclusion or limitation of liability, so the above limitations or exclusions may not apply to you. 

15. TRADEMARKS 

Nothing appearing on the EPP Site or in these Terms and Conditions of Purchase grants to you the right to use the names, designs, trademarks or logos appearing on the EPP Site (the “Marks”).  The Marks are the registered or unregistered trademarks, service marks, trade names and logos owned or licensed by SECA. All use, duplication, publication, modification or dissemination of the Marks by you is prohibited. 

16. THIRD-PARTY WEBSITES 

The EPP Site may provide links and references to other websites that are owned and operated by third parties.  We do not sponsor or endorse any information, products, goods or services contained in or offered through any of the linked websites.  These third-party websites are not maintained, operated or controlled by SECA, and we provide no representation or warranty regarding these linked websites.  You assume sole liability for the access or use of such third-party websites and content.

17. ERRORS AND OMISSION; CHANGES TO EPP SITE CONTENT, OFFERS OR ORDERS

We strive to ensure current and accurate information on the EPP Site. However, due to changing market conditions and competition, misprints, omissions or other errors may sometimes occur, including, but not limited to incorrect prices and/or specifications for products.  

We endeavor to provide our customers with an agreeable solution to their shopping needs. However, we do not warrant that the content of the EPP Site including, without limitation to, product descriptions, pricing or photographs, illustrations, is accurate or complete. 

We reserve the right to revoke any stated offer on the EPP Site, and to correct any omission, error or inaccuracy, including after an online order has been submitted, whether or not the online order has been confirmed or your payment has been processed, as permitted by applicable law. 

SECA at all times reserves the right to:

  • Revoke any stated offer on the EPP Site, and to correct any omission, error or inaccuracy, including after an online order has been submitted, whether or not the online order has been confirmed or your payment has been processed, as permitted by applicable law, at any time without prior notice or liability to you or any other person;
  • Change at any time the products and services advertised on the EPP Site, the prices, fees, charges and specifications of such products and services, any promotional offers and any other EPP Site content without any notice or liability to you or any other person;
  • Limit quantities available for sale or sold; and
  • Reject, correct, cancel or terminate any order, including accepted orders, for any reason, including but not limited to:
    • If the product or service is not available;
    • If we do not receive confirmation of your payment from the relevant payment processing company;
    • If there has been a product or service pricing or description error, inaccuracy or omission; or
    • If you do not meet the eligibility criteria set out in these Terms and Conditions of Purchase.

18. PROMOTIONS 

You understand and agree that any promotional offers, as listed on the EPP Site and in advertising, are limited time offers, may change at any time, and are subject to such additional terms and conditions as SECA may specify from time to time. 

Your purchase of a product from the EPP Site is not eligible for any promotions or offers that are in effect on the samsung.com/ca website, unless otherwise stated in writing by SECA.  

19. CONSENT FOR COLLECTION AND USE OF DATA 

You acknowledge and agree that SECA and/or parties that are entrusted by SECA may collect and use information necessary to provide the services offered to you through the EPP Site, and to improve or enhance our services. At all times your information will be treated in accordance with SECA’s Privacy Policy which can be viewed at: https://www.samsung.com/ca/info/privacy/. You are responsible for obtaining (and you represent and warrant that you have obtained), any and all consents that may be required under applicable law from all individuals whose information may be collected by SECA and on whose behalf you are making a purchase or from all individuals whom you may be relying upon in your use of the EPP Site.  

https://www.samsung.com/ca/info/privacy/.