Samsung Mobile Support Terms and Conditions
Effective: 26 November 2018
1.1These terms and conditions (Terms) govern the assessment, repair or replacement service (Service) carried out by Samsung Electronics New Zealand Limited (4637999) of 24 The Warehouse Way, Northcote, Auckland 0627, its agents and contractors (collectively, Samsung, we or us) on your Samsung product (Samsung Product) submitted via the Samsung Mobile Support website (available at the URL [http://samsungcare2.samsungcsportal.com:90/samsungcare/nz/index]_ as amended from time to time).
2.Warranty and Statutory Rights
2.1Samsung often provides its customers with a manufacturer's product warranty (Warranty) which is in addition to any statutory rights provided to you by law. Your Warranty covers some, but not all, faults or problems with your Samsung Product. Please see the packaging and warranty card which came with your Samsung Product or visit www.samsung.com/nz/support/warranty for more information regarding your Warranty.
2.2Nothing in these Terms are intended to exclude, restrict or modify any rights that you may have under the New Zealand Consumer Guarantees Act 1993 (“CGA”) or any other applicable legislation which may not be excluded, restricted or modified by agreement. Our goods come with guarantees that cannot be excluded under the CGA. You are entitled to a replacement or refund for a failure of a substantial character and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a failure of a substantial character.
3.Authorisation to carry out Service
3.1You authorise Samsung to carry out Services on the Samsung Product you have submitted to Samsung.
3.2You authorise Samsung to place a pre-authorisation payment upon your credit or debit card, the details of which you will provide to us at the time of obtaining any quote for a Non-Warranty Service (as defined under clause 6.2.3).
4.Loss of data, back-up, removal of accessories, cards and passwords
4.1You are responsible for completing a back-up of any data saved on your Samsung Product (including all telephone numbers, emails, songs, video and other audio or audio-visual content, photographs, emails, games, files, applications, data, settings, ringtones and screensavers) (Your Data) prior to sending your Samsung Product to us for Service.
4.2You acknowledge and agree that unless you instruct otherwise, Samsung will perform a factory reset on your Samsung Product as part of the Service, which will result in the loss of the Your Data.
4.3You are responsible for removing all removable accessories in connection with your Samsung Product (e.g. smartphone cases or covers etc) prior to sending your Samsung Product to us for Service.
4.4You acknowledge and agree that Samsung may be required to remove other accessories in connection with your Samsung Product (e.g. screen protectors etc) as part of the Service which may result in the loss of those accessories.
4.5You are responsible for removing all SIM cards, memory cards, passwords and locks in connection with your Samsung Product prior to sending your Samsung Product to us for Service.
4.6Subject to clause 2.2 and your statutory rights, Samsung will not be liable for any loss of data (including loss of Your Data), loss of use, corruption of software or corruption of data, or loss of accessories, SIM cards and/or memory cards in connection with the Service of your Samsung Product.
5.1In order for us to consider whether you are eligible to receive the Service, you will need to send your Samsung Product to us for assessment.
5.2In addition to the information you provide to us as described in clause 7, once we have received your Samsung Product, we will assess your Samsung Product to verify its condition and to determine whether the issue, fault or problem with your Samsung Product:
5.2.1falls within the scope of the Warranty (see clause 2.1) (Warranty Service);
5.2.2falls within the scope of the consumer guarantees and/or your statutory rights under the CGA (see clause 2.2) (Required Service); or
5.2.3falls outside the Warranty and Required Service (Non-Warranty Service).
5.3If your Samsung Product is considered to be eligible for a Warranty Service or Required Service, you will be entitled to a free of charge Service.
5.4If your Samsung Product is not considered to be eligible for a Warranty Service or Required Service, you will be offered a Non-Warranty Service, meaning that you will be required to pay for the Service.
6.1As part of the repair booking process on the Samsung Mobile Support website and prior to Samsung assessing your Samsung Product in accordance with clause 6, you are required to provide us with certain information concerning your Samsung Product on the Samsung Mobile Support website. This information includes whether or not your Samsung Product has experienced damage, and if so, what type(s) of damage your Samsung Product has experienced.
6.2In providing the information described in clause 7.1 above and requested on the Samsung Mobile Support website, you agree to be truthful at all times and not to provide false, inaccurate or misleading information concerning your Samsung Product, or to fail to provide true, correct and complete information concerning your Samsung Product.
6.3If you indicate that your Samsung Product has experienced damage, then depending on the type of Samsung Product and the type of damage you have indicated is present, the Samsung Mobile Support website will automatically generate a Non-Warranty Service price (Repair Price), which requires payment pre-authorisation of the Repair Price on an eligible and valid credit card or debit card during the booking process. The booking process cannot proceed without the Repair Price being pre-authorised on your credit or debit card. If you do not agree to the Repair Price, you should not proceed with the Service.
6.4The Repair Price that is pre-authorised on your credit or debit card will be held until your Samsung Product has been assessed by Samsung and the type(s) of damage you indicated on the Samsung Mobile Support website is confirmed to be accurate.
6.5Actual payment of the Repair Price will be finalised once the assessment has been completed and it is confirmed that there is no additional or different type(s) of damage present.
6.6Samsung shall not be liable for any loss, fees, interest or penalties you sustain as a result of providing a pre-authorisation payment on your debit or credit card.
6.7If during the assessment process, additional or different type(s) of damage from that described by you for the purposes of clause 7.1 is found by Samsung, Samsung will contact you to issue you with a revised Repair Price for the Non-Warranty Service and instructions to make payment. If you agree to proceed with the revised Repair Price, you will need to provide your eligible and valid credit card or debit card via the Samsung online booking portal whereby you authorise Samsung to take a pre-authorisation payment for the new Repair Price and Samsung will also release any previous Repair Price pre-Authorisation payment. If you do not accept the revised Repair Price, we will return your Samsung Product to you without servicing it and, depending on the nature of the issue and whether your Samsung Product is a Non-Warranty Service, we may charge you a repair assessment fee (Assessment Fee).
6.8Samsung will not commence any Non-Warranty Service unless or until you have first paid in full the amount specified in the Repair Service (as revised, if applicable) or provided the necessary Repair Price Pre-Authorisation.
6.9Without limiting clauses 6 and 7, we may charge you an Assessment Fee and return your Samsung Product without servicing it, if:
6.9.1we inspect your Samsung Product and determine that it is not suffering from any defect, fault or problem;
6.9.2the Samsung Product was damaged by normal wear and tear, accident, misuse, failure to properly clean the Samsung Product, failure to properly maintain and service, incorrect operation, excessive use, use for which it is not designed, use of counterfeit or non-genuine batteries, incorrect voltage;
6.9.3your Samsung Product was not purchased in New Zealand from Samsung or its authorised distributors or dealers, or if purchased outside New Zealand, is without an international manufacturer’s warranty card;
6.9.4the specific damage or fault that requires Service was caused by repair, modification or other work carried out on the Samsung Product other than by authorised Samsung service personnel; or
6.9.5your Samsung Product is otherwise ineligible for a Warranty Service or Required Service.
7.1After the Service has been performed, Samsung will post your Samsung Product or replacement product (as applicable) to the address you entered via the Samsung Mobile Support website.
7.2It is your responsibility to ensure that you have provided the correct mailing address. Samsung will only mail your Samsung Product to a New Zealand address. Samsung accepts no responsibility should you fail to receive your Samsung Product or replacement product because you have not notified Samsung of your correct details or of a change to those details.
Subject always to clause 2.2 and your statutory rights, our liability to you (or anyone claiming through you), whether in to contract, tort (including negligence), breach of statutory duty, or otherwise, under or in connection with these Terms, is limited to the greater of $1,000 or the price paid or pre-authorised (whichever is the greater) for the Service the subject of the relevant claim, action, proceeding or dispute.
9.1You agree and understand that it is necessary for us to collect, process and use your personal information, as defined in the Privacy Act 1993 (Personal Information), such as your name, address and other contact details in order for us to perform the Services and our other obligations under these Terms.
9.3We collect your Personal Information to enable us or Samsung to contact you in relation to the Service of your Samsung Product or where you have asked us or Samsung to send you information about Samsung products and services. You acknowledge and agree to us and Samsung accessing, collecting, storing, disclosing and transferring your Personal Information for these purposes. If you do not provide your Personal Information, or consent to the provisions in these Terms regarding Personal Information, we may not be able to carry out the Services.
9.4You acknowledge and agree for your Personal Information to be transferred or stored outside of New Zealand for the purposes contemplated in these Terms.
9.5If you have any questions regarding how we or Samsung deal with your personal information or to gain access to or update or correct your Personal Information contact the Samsung Privacy Officer by calling Samsung Head Office on (09) 4777 000 or via email to email@example.com or by writing to: The Privacy Officer, Samsung Electronics New Zealand Limited, 24 The Warehouse Way, Northcote, Auckland, 0627.
10.1The laws of New Zealand govern these Terms and the parties submit to the non-exclusive jurisdiction of New Zealand.
10.2No variation of these Terms will be effective unless made in writing and signed by each of the parties.
10.3If any provision of these Terms offends any law applicable to it and is as a consequence illegal, invalid or unenforceable then:
10.3.1where the offending provision can be read down so as to give it a valid and enforceable operation of a partial nature, it must be read down to the minimum extent necessary to achieve that result; and
10.3.2in any other case the offending provision must be severed from these Terms, in which event the remaining provisions of these Terms operate as if the severed provision had not been included.