What are the Terms and Conditions?

These customer terms and conditions ("Terms") set out the terms and conditions relating to the use of our website at https://shop.samsung.com/my/ and https://www.samsung.com/my/ (collectively "Site") and the terms and conditions of the contract between us and customer for the sale of products ("Contract") through the Site where we sell products ("Online Store"). These terms do not cover the sale of our products by third parties to you.

In order to use the Site, including the Online Store, you must first agree to these Terms. You must not use the Site if you are not of legal age to accept these Terms and enter into a legally binding contract with us.

Please read and understand these Terms carefully before ordering any products through the Site ("Products"). You should understand that by ordering any of our Products, you accept and are bound by these Terms. You may print a copy of these Terms for future reference.

We reserve the right to amend/update these Terms from time to time. Whenever you wish to use the Site, please check these Terms to ensure that you understand the latest applicable Terms.

1. Information about us

1.1. In these Terms, "we", "us", "our" or "Samsung SDS Sdn Bhd" means Samsung SDS Malaysia Sdn Bhd (201101030626) (958761-V), a corporation organized and existing under the laws of Malaysia and having its registered place of business at Unit 3-1, Level 3, Tower 2A, UOA Business Park, No. 1, Jalan Pengaturcara U1/51A, Seksyen U1, 40150 Shah Alam, Selangor Darul Ehsan. We operate the Online store through the website at https://shop.samsung.com/my/ in accordance with these Terms.

2. Products

2.1 All images or photographs of the Products that we put on the Site are for illustration purpose only and the actual products available for purchase in Malaysia may differ from that shown. Whilst we use reasonable endeavors to make sure the colours, sizes and details of Products are displayed accurately, error may occur. We cannot guarantee that the way in which your computer/device displays the colours or details of the Products accurately reflects the Products for sale in the Online Store. Therefore, the actual Products that you received may vary slightly from those advertised.

2.2 The packaging that we use to provide/deliver the Products to you may vary from the packaging indicated on the Site (where applicable).

3. Order for products

3.1 Our ordering process allows you to check the details of the Products you have ordered and to amend any error before submitting the order. Please ensure that you check your order before submitting it.

3.2 Your order constitutes an offer by you to buy the Products on these Terms. You are deemed to have placed an order with us by ordering via our online checkout process. We will only accept your offer (and form the Contract) when we send you an email confirming your order (“Purchase Order”). These Terms constitute the entire Contract between us and you for the sale of Products.

3.3 We may refuse to accept your order or reverse your order if:

3.3.1 the Product is not available;

3.3.2 we cannot obtain authorization to complete your payment;

3.3.3 there has been a pricing or product description error (see clause 3.6 below); or

3.3.4 you do not meet the eligibility criteria set out in clause 5 below.

3.4 The Contract will only be formed when we send you the Purchase Order. The parties to the contract are you and Samsung SDS Sdn Bhd.

3.5 The Contract will relate only to the Products that we have confirmed for dispatch in the Purchase Order. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such other Products is confirmed in a separate Purchase Order.

3.6 All our Products are subject to availability. If, for any reason, any or all of the Products you have ordered are or become unavailable or there has been an error in the pricing on the Site or the Online Store, we endeavor to make reasonable effort to notify you as soon as practicable. If you have already paid for the Products, we will either notify you the revised delivery date or refund you the amount paid.

4. Service availability

We do not accept orders for delivery addresses outside Malaysia.

5. Your status/eligibility

5.1 By placing an order through the Site, you warrant that:

5.1.1 You are legally capable of entering into binding contract;

5.1.2 You are at least 18 years old;

5.1.3 All information that you provide to us is complete and accurate;

5.1.4 You are a resident in Malaysia;

5.1.5 You are accessing the Site from Malaysia; and

5.1.6 You are purchasing the Products in your individual capacity for personal and domestic, non- commercial use.

6. Our status

6.1 Our Site may contain links to the websites of other companies or third party sellers/websites, whether affiliated with us or not (“External Links”). We cannot undertake that the products that you purchased from these External Links, will be of satisfactory quality and we disclaim any such warranties and liabilities arising therefrom. You acknowledge that Samsung SDS Sdn Bhd is not responsible for the availability of, and does not endorse the content of these External Links. This disclaimer does not affect your statutory rights against these other companies or third party sellers.

6.2 You acknowledge that Samsung SDS Sdn Bhd is not liable for any loss or damage that you may suffer as a result of the availability of, or your access to, any External Links, including as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such External Links.

7. Delivery location

The delivery address must be located within Malaysia, with the exclusion of areas that are restricted such as remote islands, PO Boxes, locked bags and other non-deliverable or serviceable areas here: https://shop.samsung.com/my/non-delivery-area.

You will be contacted should your delivery address fall under these non-delivery areas. If you are unable to provide an alternate address for delivery, we reserve the right to cancel the order.

8. Delivery
8.1 We will use a third party courier service to deliver the products to you.

8.2 Any indication of delivery lead time is an estimation and may be subject to change.

8.3 Delivery of the products does not include installation unless expressly otherwise specified.

8.4 We will be deemed to have delivered the products to you when we deliver them to the address stated in your order acknowledgement email. Once delivered, risk of loss and damage of the products shall pass on to you.

8.5 We will notify you if we are unable to meet our estimated delivery time or date for any reason. We shall not be liable for any delivery failures or delays by our third party courier service.

8.6 All delivery dates are subject to product availability, your shipping destination (postcode) and the courier partner’s delivery schedule in your location.

9. Cancellations, returns and refunds

9.1 Cancellations

9.1.1 Cancellation is not available for the following order(s):
(a) Pre-order;
(b) Express Delivery;
(c) Express Delivery with Installation;
(d) Express Store Pickup.

9.1.2 Save for the order(s) listed in paragraph 9.1.1 above, you may request to cancel your order any time before we prepare your order for dispatch. Order cancellation will not be allowed once the order has been prepared for dispatch and our decision in this regard shall be final and binding on you.

9.1.3 Any voucher code used in a cancelled order will not be refunded/reinstated.

9.1.4 Partial cancellation is not allowed. Upon successful cancellation, all item(s) in that order will be cancelled and refund will be processed accordingly.

9.2 Returns

9.2.1 If the Product is incorrect, damaged or defective, you may return your order within 7 working days from the delivery date:
(a) 'Incorrect' means the Product is not the Product you ordered; the model/colour is different from what is indicated on your order summary; or there are missing item(s) or part(s) from the packaging;
(b) 'Damaged' means the Product is found to be damaged upon receipt;
(c) 'Defective' means Product with technical defect where you must refer to any nearby Samsung Service Centre for further advice.

For the avoidance of doubt, if the Product does not fit into your home and/or interior cabinet, this is not considered as "incorrect' Product and return is not allowed on this basis.
9.2.2 All returns must meet the following requirements:
(a) The Product must be shipped back to us within 7 working days from delivery date.
(b) You must have proof of purchase with valid order invoice number and receipt.
(c) Product must be in new condition and returned in its original packaging along with all accessories/parts (including manual(s), warranty card(s), certificate of authenticity) and

free gift(s) received with it. All packaging must be unused, unmarked and not deformed in any manner.
(d) Product must be returned in the original box (with suitable packaging) to protect the product from damage during return delivery.

9.2.3 For invalid return/return not meeting the requirements, you will be charged for the delivery fee to return the Product to you at the same delivery address.

9.2.4 We reserve the right to reject any return deemed unfit or unreasonable and our decision in this regard shall be final and binding on you.

9.3 Refund

9.3.1 Refund will be through the same payment mode used in the order/original purchase.

9.3.2 If we are unable to effect the refund through the same payment mode used in the order/original purchase, we reserve the right to refund through other payment mode as we deemed fit.

10. Risk and title

Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products (including delivery charges, if applicable) or upon delivery of the Products to you, whichever is later.

11. Price and payment

11.1 The price of the Products will be as quoted on the Site from time to time, except in cases of obvious error. Product prices includes sales and service tax at the prevailing rates. Unless specified otherwise, the price quoted on the Site does not include delivery charges.

11.2 Product prices and delivery charges are subject to change at any time. However, such change will not affect order(s) in which a Purchase Order has been sent by us to you.

11.3 Payment for all Products must be made either by online payment, credit card, debit card, eWallet, Buy Now Pay Later (BNPL) and is collected by Samsung SDS Sdn Bhd.

12. Errors and omissions

The Site contains large number of Products and despite our best efforts, it is possible that some of the Products listed on the Site may be incorrectly priced. We will normally verify the price as part of our dispatch procedure so that where a Product's correct price is less than our stated price on the Site, we will charge the lower amount when dispatching the Product to you. However, if the Product’s correct price is higher than the price stated on the site, you agree that we have the right to reject your offer/order and notify you accordingly. In such case, we may exercise our discretion to either contact you for instructions before dispatching the Product or reject your order and notify you that we are rejecting it. You further agree that if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as an error, we are not obliged to provide the Products to you at the incorrect (lower) price.

13. Product warranties

You may visit http://www.samsung.com/my/support/warranty for details of the product warranty.

14. Exclusion of warranties

14.1 To the extent permitted by law, the exclusions of warranties and limitation of liability are set out in clause 15 below.

14.2. You expressly understand and agree that your access to and use of the Site is at your sole risk and that the Site is provided "as is" and "as available".

14.3 By accessing and using the Site/Online Store, you expressly acknowledge that you have relied on your own experience, skill and judgment to evaluate the Site and Products and that you are satisfied as to the suitability of the Site and Products to meet your requirements.

14.4 Subject to clause 18 below, your access to and use of the Site will be uninterrupted, error free, timely or secured.

14.4.1 Without limiting the foregoing, and to the extent permitted by law, all express and implied representations, conditions, warranties, guarantees or other provisions that are not contained in these Terms (whether based in legislation, the common law or otherwise) are excluded, including any representations, conditions, warranties or guarantees as to acceptable quality, fitness for purpose or timeliness.

14.4.2 If any condition, warranty, guarantee or other provision is implied or imposed in relation to the contract (whether based in legislation, the common law or otherwise) and cannot be excluded (a "Non- Excludable Term"), to the extent permitted by law, our liability for such a breach of Non-Excludable Term shall be limited to one or more of the following, at our option:

(a) in relation to products, the replacement of products or the supply of equivalent products, the repair of products, the payment of the cost of replacing the products or acquiring equivalent products, or the payment of the cost of having the products repaired; or

(b) in relation to services, the supply of the services or the payment of cost of having the services supplied.

15. Our liability to you

15.1 We will be liable for a failure to comply with these Terms where the breach is one that is contemplated by us both at the time that a contract is formed in respect of any particular product order and arises from our negligence but not where the loss or damage is not of a type which was contemplated at the time of the contract.

15.2 Subject to our obligations under the Non-Excludable Term, nothing in these Terms shall render us liable to indemnify you in respect of any liability of any kind incurred by you to any other person but this is not an exclusion of any liability that may arise by virtue of a breach by us of these Terms or any negligence on our part or that of our employees or agents.

15.3 Subject to our obligations under the Non-Excludable Term, 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 was not reasonably foreseeable by both you and us when you used the Site or Online Store or when a contract is formed.

15.4 Nothing in these Terms exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, any breach of the obligations implied by law, or any other matter in respect of which it would be unlawful for us to exclude, or attempt to exclude, our liability.

15.5 Subject to clause 15.4, we will not be liable for losses that result from our failure to comply with these Terms due to or arising from loss of income or revenue, loss of business, loss of profits, loss of anticipated savings, loss of data, or waste of management or office time.

16. Use of any personal information and data you provide to us

Any personal information that we may collect from you on the Site, whether on online forms or as part of the ordering process, will be dealt with in accordance with our privacy policy available at http://www.samsung.com/my/shop-faq/privacy-policy and http://www.samsung.com/my/info/privacy/.

17. Your use of the Site

Your use of the Site is governed by these Terms and Conditions herein.

18. Availability and content

18.1 Access to the Site, including the Online Store, is permitted on a temporary basis, and we reserve the right to withdraw or amend the Site without notice. We shall not be liable if, for any reason, the Site is unavailable at any time or for any period.

18.2 From time to time we may restrict access by any one user, groups of users or all users to parts of the site and/or to our entire site without notice.

18.3 You must treat any user name, password or any other piece of information provided as part of our security procedures as confidential and not disclose it to any third party. We reserve the right to disable any user name or password, whether chosen by you or allocated by us, at any time, if (in our opinion) you fail to comply with these Terms.

18.4 You are responsible for making all the arrangements necessary to have access to the Site and the Online Store. You are also responsible for ensuring that person who access the Site and Online Store through your internet connection are aware of these Terms and comply with them. Please notify us in writing as soon as possible once you become aware that activities on your account are unauthorized or your account details have been compromised.

18.5 While we will make reasonable effort to ensure that the information on the Site, including on the Online Store is correct, the material displayed on it is provided without any guarantees, conditions or warranties as to its accuracy, including but not limited to, information about the Products and prices.

18.6 The availability of the Products which are the subject of your order will be determined by the product description displayed on the Online Store at the time of placing your order. We will make reasonable effort to ensure that all product description is a fair representation of the actual product offered.

18.7 We reserve the right to suspend, modify or amend the Site, including the Online Store and/or the Products offered, at any time.

19. Viruses, hacking and other offences

19.1 You must not misuse the Online Store including knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or harmful. You must not attempt unauthorized access to the Online Store or the Site, the server on which the Online Store or Site is stored or any server, computer or database connected to the Online Store, or attack the Online Store or Site via a denial of service attack, distributed denial of service attack or other similar means.

19.2 We will not be liable for any loss or damage caused by a distributed denial of service attack, viruses or other harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Online Store or the Site or downloading any material posted on it or any website linked to it.

20. Transfer of rights and obligations

The Contract between you and us is binding on you and us and on our respective successors and permitted assignees. 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. 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.

21. Events outside our control

We will not be liable or responsible for any failure to perform or delay in performance of any of our obligations under a contract that is caused by an “event outside our control”, such as any act or event beyond our reasonable control including, without limitation, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, supplier or sub- contractor failure, subsidence, pandemic, epidemic or other natural disaster or failure of public or private telecommunications network or impossibility of the use of public or private transport. If the event outside our control occurred and affected the performance of our obligations under a contract, we will notify you as soon as possible and our obligations under a contract will be suspended and the time for performance
of our obligations will be extended for the duration of the event outside our control. We reserve the right to defer the date of delivery of the Products or to cancel the delivery of the Products in the case of any event outside our control or which is beyond our reasonable control and which prevents or hinders the delivery of the Products.

22. Waiver

No delay or neglect on our part in enforcing our rights or remedies under these Terms or to insist upon strict performance of any of your obligations under these Terms shall constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us of any of these Terms will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

23. Severability

If any court or competent authority decides that any of the provisions in these Terms 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.

24. Our right to vary these Terms

24.1 We have the absolute right and discretion to revise and amend these Terms from time to time by posting them on the Site. These Terms may be amended for any reason including to change/reflect changes in law, the way in which we accept payments from you and to accommodate changes to the way Products are supplied.

24.2 You will be subject to the policies and Terms in force at the time that you order Products from us, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you too), or if we notify you of the change to those policies or these Terms before we send you the Purchase Order (in which case we have the right to assume that you have accepted the change to these Terms, unless you notify us to the contrary within seven (7) working days of receipt by you of the Products).

25. Applicable law

These terms are governed by and shall be construed in accordance with the laws of Malaysia and each party irrevocably submits to the exclusive jurisdiction of the courts of Malaysia in respect of any dispute arising out of these terms and/or any contract for the purchase of Products through the Online Store.

26. Entire agreement

We intend to rely upon these Terms which constitutes the entire Contract between us and you and shall supersede all previous agreements, letters, undertakings in respect of the subject matter hereof. You further understand and agree that no oral agreement or verbal commitment made by anyone including our employees shall be valid and enforcement against us.

(Updated as of 12 January 2023)