“Samsung Upgrade Program” – Terms and Conditions

1. This “Samsung Upgrade Program” (this “Promotion”) is organized by Samsung Electronics H. K. Company, Limited ("Samsung") will be held between 31 August, 2022 and 31 December, 2022 (the “Promotion Period”).
2. Unless otherwise specified, this Promotion is available to each customer who purchase a brand new genuine Samsung Galaxy S22 Series, Z Fold4 and Z Flip4 (“Eligible Devices”) with Visa Card or Mastercard® issued by The Hong Kong and Shanghai Banking Corporation Limited, Standard Chartered Bank (Hong Kong) Limited or Citibank (Hong Kong) Limited (“Eligible Credit Cards”) and settle payment by 32-month interest-free instalment Plan(“Designated Instalment Service Plan”) in designated Samsung Experience Stores (specified in Clause 3 below) during the Promotion Period in Hong Kong (“Eligible Customer”).
3. Designated Samsung Experience Stores include the following stores, Eligible Credit Cards may vary at different stores, please ask shop staff for details.
• Shop 332, Ocean Centre, TST
• Shop 602, 6/F, New Town Plaza, Shatin
• Shop G56-57, Telford Plaza I, 33 Wai Yip Street, Kowloon Bay
• Shop G001B, G/F, KOLOUR, Tsuen Wan I, 68 Chung On Street, Tsuen Wan
• Shop G03-04, G/F, AON China Building, 29 Queen's Road, Central, Hong Kong
• Shops unit G38-39, PopCorn, 9 Tong Yin Street, Tseung Kwan O, NT
4. By participating in this Promotion, each Eligible Customer agrees to be bound by these Terms and Conditions. Samsung reserves the right to amend these Terms and Conditions, please check for updates on the Samsung official website, the latest version shall prevail. If there is any inconsistency between these Terms and Conditions and any advertising, publicity and other materials relating to or in connection with this Promotion, these Terms and Conditions shall prevail.
5. Each Eligible Customer shall enjoy a device return option to return the Eligible Device (“Device Return Option”) within 7 days after 24 months from the date of purchase of the Eligible Device (“Designated Period”) to receive a Buy-Back Value (“Offer”). The Device Return Option, the Buy-back Value and related service are provided by MRR International Limited (“MRR”), and thus subject to Device Return Terms and Conditions of MRR as stated hereunder.
6. Each Eligible Customer is only entitled to participate in this Promotion and enjoy the Offer with one Eligible Device for one (1) time only.
7. The Offer will be forfeited if Eligible Customer fails to complete the registration within the day of purchase or fulfill the requirement stated in Clause 5 within the Designated Period. Eligible Customer shall not make any claim against Samsung whatsoever, and Samsung shall not bear any liability whatsoever.
8. Samsung reserves the right to disqualify any Eligible Customer from the Offer where it has reasonable grounds to believe that Eligible Customer has violated these Terms and Conditions or any instructions and/or requirements of this Promotion, or that Eligible Customer may have gained an unfair advantage by participating in this Promotion or redeemed the Offer using fraudulent means.
9. The Offer cannot be transferred or sold, cannot be exchanged for cash or other offers/gifts, and cannot be redeemed in conjunction with other promotion offers/gifts. Samsung reserves the right to change or substitute the Offer with other offers of a comparable or equivalent value as it deems fit.
10. The Offer is only available to an Eligible Customer who purchased the Eligible Device for private and domestic use.
11. Non-end users (including but not limited to, distributors and resellers) are not eligible to participate in this Promotion.
12. Each Eligible Customer acknowledges and agrees that Samsung is not the supplier of the Offer. Samsung shall not be held liable for the Offer, including but not limited to, the availability of the Device Return Option and the eligibility and amount of Buy-back value and the quality of Buy-back service. Please refer to the Device Return Terms and Conditions of MRR for further details.
13. Except where expressly provided herein, each Eligible Customer shall bear any costs, expenses and relevant tax payments incurred resulting from participating in this Promotion and no reimbursement may be sought from Samsung.
14. By participating in this Promotion, Eligible Customer agrees to exempt and exclude Samsung from all claims or liabilities of any nature arising from participating in this Promotion or otherwise related to this Promotion, including but not limited to, any damage or loss caused by the acquisition, receipt, possession, use or misuse of the Offer or other reasons, and any claim or ground for litigation of any type or nature which the Eligible Customer may potentially possess based on such damage or loss. The above disclaimer is not applicable to damage or loss caused by fraud (including misrepresentation), or death or personal injury caused by negligence.
15. Terms with the effect of disclaiming liabilities in these Terms and Conditions shall be applied to the fullest extent permitted by applicable laws.
16. Each Eligible Customer agrees to indemnify and hold Samsung harmless from and against any and all claims, damages, liabilities, costs and expenses (including legal costs on an indemnity basis) arising from any misconduct or negligence, as well as breach of these Terms and Conditions for which such Eligible Customer is liable.
17. If this Promotion is interfered with in any way or is not capable of being conducted due to any reason beyond Samsung's reasonable control, including but not limited to computer system defects, breakdown of web services, virus infection, hacking, technical failure and/or any force majeure events, Samsung reserves the right in its sole discretion to modify, suspend, terminate or cancel this Promotion, in whole or in part, as appropriate. Samsung shall not bear any liability therefrom.
18. In the event of any dispute arising from or in connection with this Promotion or relating to the interpretation of these Terms and Conditions, Samsung reserves the right of final decision.
19. By participating in this Promotion, each Eligible Customer agrees that any personal data provided in connection with this Promotion will be collected, used and retained by Samsung, its affiliates and its third party service providers (whether in Hong Kong or abroad) (collectively “Data Users”) for the purposes of (i) verifying eligibility and identity of Eligible Customer and (ii) fulfillment of Offer redemption and other purposes directly related to this Promotion. Such personal data will be kept in strict confidence and not be disclosed to other third party or used for any other purposes without Eligible Customer’s consent. Data Users will collect and use the personal data in compliance with the requirements of the Personal Data (Privacy) Ordinance (Cap. 486 of the Laws of Hong Kong) and Samsung Privacy Policy. Please refer to Samsung website (https://www.samsung.com/hk_en/info/privacy/) for details of Samsung Privacy Policy, and request for access to or correction of any personal data.
20. No person other than the Eligible Customer and Samsung will have any right under the Contracts (Rights of Third Parties) Ordinance (Cap. 623 of the Laws of Hong Kong) to enforce these Terms and Conditions or enjoy any benefits therein.
21. A Chinese version of these Terms and Conditions is provided for reference only. If there is any inconsistency between the English and Chinese versions, the English version shall prevail.
22. These Terms and Conditions and /or any claim or dispute arising from or in connection with this Promotion shall be governed by and construed in accordance with the Laws of Hong Kong, without regard to its conflict or choice of law provisions. The parties agree to the exclusive jurisdiction of the courts of the Hong Kong SAR.
23. If any terms in these Terms and Conditions is judged to be illegal, invalid or unenforceable, it shall be replaced by a term which achieves Samsung’s intention to the greatest extent possible, and the validity and enforceability of the rest of the Terms and Conditions shall not be affected.

Device Return Terms and Conditions

1. Customers shall have the Device Return Option provided by MRR International Limited (“MRR”/ “us”) to return the Device within 7 days after the 24th month from purchase date under the Program to receive the Buy-Back Value from MRR, subject to the conditions as stated hereunder.
2. Upon successful assessment by us of the returned device based on the Device Acceptance Criteria herein, and subject to customer’s full compliance of the Device Return Terms and Conditions, we shall pay the Buy-Back Value by crediting directly to the Customer’s designated Bank account within 21 days counted from the day of returning the Device at the retail store where the Device was originally purchased.
3. The returned Device shall be subject to functional diagnostics and physical assessment during Device Return based on the Device Acceptance Criteria herein.
4. We reserve the right to refuse to provide this Buy-back Service to you if the devices that do not com-ply with below< Device Acceptance Criteria>.
5. The Device registered for Samsung Upgrade Program must be returned in good condition and functioning properly. Buy-Back Value may vary depending on the extent of damage to the returned Device.
6. The Device Return Option is non-transferrable and shall only be exercised by the Customer who signed up for Samsung Upgrade Program.
7. In the event where the original returned Device is repaired or swapped by Samsung authorized Service Center, document prove showing the repair or swap shall be provided to us for exercising the Device Return Option.
8. The charger and accessories are not required upon returning of the Device.
9. Customers shall ensure that all personal data is transferred out and SIM card removed from the returned Device prior to exercising the Device Return Option. These shall be deemed lost and cannot be recovered once the Device is returned and we shall not be held liable for erasure of any personal data remained in the returned Device.
10. The title and ownership of the returned Device shall be transferred to us upon the Device return and payment of the Buy-Back Value by us.
11. Customer agrees and accepts that the signed Registration Form, together with all personal data provided in the Registration Form, will be used by MRR for the purposes of the Program. Such personal data will be kept in strict confidence and not be disclosed to other third party or used for any other purposes without Customer’s consent. MRR’s collection and use of personal data of Customers shall be governed by MRR’s Policy Statement relating to Personal Data (Privacy) Ordinance available at https://www.mrr.com.hk/privacy-policy/.
12. In the event of inconsistency between the English and Chinese versions of these terms and conditions, the English version shall prevail.

Device Acceptance Criteria

Eligible Grades

Remarks

Turn ON/OFF

Device able to turn on/off

Device Locks
(Samsung/Google/Personal Account, Passcode)

Device able to log out/ remove Samsung/Google/Personal Account, Passcode

Screen Glass (inside/outside if available)

Will be Acceptable as long as the glass and screen are not cracked or broken

Back & Side Cover

No cracks, normal use traces are acceptable

LCD Not Working/ Dead Pixels

LCD color discoloration, or screen shows Residual Image, watermark, black spot or light spot, when brightness is adjusted to max and on test mode, it will not be eligible for device return

Cracked Screen/ Cover

Cracked/ chipped screen or covered screen, Fold/Flip models' can't be opened and closed normally and can't be opened 180° will not be eligible for device return

Buttons Functionality

Buttons are responsive and fully functional

Battery/ Charging

Battery swelling / Charging not working properly, will not be acceptable

Fingerprint/ Face Detect

Fingerprint & Face Detect can be detected upon unlocking the device

Camera Defect

Cameras are not broken, able to focus and take photos

Liquid Damage

LCD screen show (Moisture or foreign material in your charging/ USB port.) while charging, will not be acceptable

Function Defect

Signal reception / wifi / bluetooth / GPS / vibration / speakers / microphone / stylus (if any) need to be used normally

Maintenance & Repair

Only accepted devices repaired at Samsung Electronics Hong Kong officially designated Locations