SAMSUNG TV UPGRADE PROGRAMME TERMS AND CONDITIONS
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which you may take part in our Samsung TV Upgrade Programme (“TV Upgrade Programme”), which provides you with the option to apply to exchange your existing (selected) Samsung TV and upgrade to the latest Samsung TV (selected models only) for a limited period before and after the release of the latest Samsung TV innovation, every 2 years.
1.2 Why you should read them. Please read these terms carefully if you would like to take part in the TV Upgrade Programme. These terms tell you who we are, the conditions of the TV Upgrade Programme and other important information.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Samsung Electronics (UK) Limited, a company registered in England and Wales. Our company registration number is 3086621 and our registered office is at 1000 Hillswood Drive, Chertsey, Surrey KT16 0PS. We are authorised by the FCA as a credit broker under reference number 727333.
2.2 How to contact us. You can contact us by telephoning our customer service team at 0330 SAMSHOP (726 7467) or by writing to us at firstname.lastname@example.org
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. THE TV UPGRADE PROGRAMME - OVERVIEW
3.1 How to take part in the TV Upgrade Programme. On placing your order for a new TV, you may take part, if you choose to do so, by ticking the relevant box on our website. You must also be successful in applying for a new 48 month credit agreement (including passing any relevant credit checks) with our chosen credit provider (for further details see below) be able to take part in the TV Upgrade Programme.
3.2 The ability to purchase TVs on finance (through the TV Upgrade Programme) is available to consumers only; it is not available to business customers.
3.3 Taking part in the TV Upgrade Programme means that you will enter into a credit agreement with our chosen credit provider to finance the cost of the TV. Charges and interest may apply. You will pay fixed monthly payments over a term of 48 months.
3.4 Finance under the TV Upgrade Programme is for TV and installation purchases only and is not available on other items in your basket (such as accessories or other products). Any other items in your basket must be paid for in full for at the time of purchase.
3.5 On or around the anniversary of the second year of your credit agreement, subject to clause 3.6 below, you may, if you choose and are eligible to do so (i.e. you pass our credit check and your existing TV meets the Minimum Criteria set out in clause 5.2 below), upgrade to the latest Samsung TV. If you choose to do this, and you meet the conditions set out in these terms regarding the new credit agreement and your existing TV, we will settle the outstanding balance on your existing credit agreement provided you are up to date with all payments under that agreement, including interest and charges that have become due. You will be required to enter into a new 48 month credit agreement to finance the purchase of the new (upgraded) TV. We will notify you if the TV Upgrade Programme is available to you in any given year. Please note that there is no guarantee that you will be accepted for a new 48 month credit agreement. This will depend on your circumstances at the time that you apply for the new agreement. If you are not accepted for a new 48 month credit agreement (for example because you do not pass the necessary credit checks), then you will remain liable for making the repayments under your existing credit agreement and cannot trade in your existing TV under the TV Upgrade Programme.
3.6 Other than as specified in these terms and conditions, our standard Terms and Conditions of Sale (which can be found here) will govern your purchase of the TV and any other products purchased from our website.
3.7 Please note that the ability to upgrade your TV as part of the TV Upgrade Programme is offered by us on a discretionary basis, and the offer to upgrade shall be provided for a limited time only after the release of a new TV innovation every 2 years. We will notify you of your closing date in which you can enter into the TV Upgrade Programme every 2 years. We do not guarantee that the TV Upgrade Programme will continue to be offered at the time of the release of our next TV innovation, or otherwise in the future.
4. PROVISION OF FINANCE
4.1 We act as a credit broker and not a lender and can introduce you to Close Brothers Retail Finance who is a lender. Close Brothers Retail Finance is a trading style of Close Brothers Limited — a subsidiary of Close Brothers Group plc. Registered office: 10 Crown Place, London, EC2A 4FT. Authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority.
4.2 To take part in the TV Upgrade Programme, you will need to enter into a credit agreement with our chosen credit provider, Close Brothers Retail Finance, and your application will be directed to them.
4.3 You will need to enter your details via our website so that we or our chosen credit provider can carry out any relevant credit checks. For further details on the use of your personal data as part of this process, please see clause 7 below.
4.4 If your application is successful, you will be able to enter into a 48 month credit agreement on terms to be provided by Close Brothers Retail Finance. This agreement will be in the form of an unsecured personal loan which you are taking out with Close Brothers Retail Finance. Please ensure that you read the terms of the credit agreement, as well as any other information provided to you by Close Brothers Retail Finance carefully before signing. Failure to make repayments under the credit agreement may have a negative impact on your credit rating and lead to additional charges being applied.
4.5 If either:(a) you do not decide to take part in the TV Upgrade Programme, or your application to take part in the TV Upgrade Programme is not successful, or (b) you are not accepted for a new 48 month credit agreement (for example because you do not pass the necessary credit checks), then you are unable to trade in your existing TV and will remain liable for making the repayments under your existing credit agreement.
5. UPGRADING - RETURNING YOUR EXISTING TV
5.1 If you decide to take part in the TV Upgrade Programme in any two year cycle, you must, in order to be eligible for us to settle the balance on your existing credit agreement, make your existing Samsung TV which you purchased from us (the “Existing TV”) available for collection to Digiland Limited (“Digiland”), the third party company which will purchase your Existing TV from you. Digiland is only able to accept the original Samsung TV which you purchased from us 24 months ago, not any other TV which you may have. Provided that you follow the rules set out in this clause 5 of the terms and conditions, on receipt of your TV by Digiland (in acceptable condition), we will, provided you are up to date with payments under the agreement, including any interest and charges which have become due, settle the outstanding balance on the existing credit agreement which you have in place with your existing provider. If you do not wish to return your Existing TV, you are of course free to purchase a new TV from Samsung, and can choose to pay for it by finance or buy it outright. However, you will remain responsible for making repayments under your existing credit agreement.
5.2 At the time when you apply for the upgrade through our website, you must provide details about the condition of your Existing TV. Please note that the option to return your Existing TV is only available if your Existing TV is in good condition, and meets the requirements set out below (“Minimum Requirements”).
Functionality: The existing Samsung TV must meet the following criteria
- It must power up
- The screen must not be cracked and must be in full working order
- The Existing Samsung TV must not have suffered any damage from liquid ingress
5.3 When your new TV is ready to be installed (typically 3 working days after purchase), we will contact you to arrange a day for your new TV to be installed and your Existing TV to be collected (“Upgrade Day”). You must ensure that you are available for your Upgrade Day within 7 working days of your order.
5.4 Please note that we will inspect your Existing TV prior to installation of your new TV. If the Existing TV which you are proposing to return does not meet the Minimum Requirements, we will notify you during your Upgrade Day that your Existing TV is beyond economic repair, and therefore you are not eligible for us to settle the outstanding balance on the existing credit agreement which you have in place with your existing provider. You will remain responsible for making any repayments under the credit agreement for your Existing TV, as well as any repayments under the credit agreement you take out for the new TV. You may withdraw from your new credit agreement within the 14 day withdrawal period as set out in the terms of the credit agreement. However, in exercising this right, you would be required to pay back the credit borrowed and interest (accrued at a daily rate until such time as you pay back the credit). Please refer to clause 6 for your separate rights in relation to cancelling your TV purchase order during the 28 day cooling off period.
5.5 If you have any concerns about the inspection of your Existing TV, or wish to discuss the result of this inspection, please call us on 0330 SAMSHOP (726 7467).
5.6 You must continue to keep up repayments on the existing credit agreement until such time as we have completed processing the return of your Existing TV and we have accordingly settled the outstanding balance on that existing credit agreement. Failure to make your Existing TV available for collection to us on your Upgrade Day will mean that we will no longer be able to settle the outstanding balance on your existing credit agreement. You must then continue to keep up repayments under your existing credit agreement, as well as any repayments under the credit agreement you take out for the new TV.
5.7 Please ensure that you back up any photos, files and other data which you have stored on the Existing TV, and delete any accounts which you have open on your Smart TV function. On receipt of the Existing TV, all data stored on it will be securely wiped. We are not able to recover any data stored on an Existing TV which has been provided to Digiland.
5.8 To the extent possible (though this is not a requirement for participation in the TV Upgrade Programme), on your Upgrade Day, we ask that you provide us with the stand, remote control, power cable and other accessories (e.g. OneConnect box) which were included within the box with your Existing TV.
5.9 Following completion of processing the return of your Existing TV, we will, provided you are up to date with all payments under the agreement, including interest and charges that have become due, settle the outstanding balance on your existing credit agreement. At this point, ownership of the TV will pass from you to Digiland.
6. YOUR RIGHTS
6.1 Financing your purchase by entering into a credit agreement does not prevent you from exercising your rights to cancel your TV purchase order during the 28 day cooling off-period provided for in our standard Terms and Conditions of Sale.
6.2 Full information about your rights to return a defective product in line with our Returns Policy can be found in our standard Terms and Conditions of Sale http://www.samsung.com/uk/estore/static/link_terms_and_conditions_of_sale.html .
6.3 Should you exercise your right to cancel and return your product during the 28 day cooling off period, or if we have agreed to pay you a refund because the product we have provided you with is defective, we will cancel your credit agreement with Close Brothers Retail Finance on your behalf. Please can you contact us at the following e-mail address email@example.com or by calling on 0330 726 7467so that we can carry out this process .
6.4 Taking part in the TV Upgrade Programme does not affect any other statutory rights you may have, including your rights under the Consumer Rights Act 2015 and Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
7. HOW WE MAY USE YOUR PERSONAL INFORMATION
If you wish to withdraw your consent to us processing your personal data, please contact us here :firstname.lastname@example.org.
7.2 Please note that in order to take part in the TV Upgrade Programme, you must have a Samsung account. If you do not have a Samsung account, we will use the information which you provide us in the course of applying for the TV Upgrade Programme to set one up for you.
7.3 In order to apply for/enter into a credit agreement, we will pass your personal information to certain third party companies in order for them to facilitate and provide this finance product to you. At present the companies which we use for this purpose are: Deko Limited (who are a credit broker authorised by the FCA and who provide the credit application system) and Close Brothers Retail Finance, our chosen lender for the TV Upgrade programme. In order to provide credit to you, these organisations may pass your personal information to credit reference agencies and they may keep a record of any search that they do. In the course of applying for a credit agreement, you will be redirected to the websites of these organisations. Deko Limited and Close Brothers Retail Finance will process your personal data in accordance with their privacy policies, which can be found on their websites.
7.4 We will only share your personal information to other third parties where the law either requires or allows us to do so.
8. OTHER IMPORTANT TERMS
8.1 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
8.2 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
8.3 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
8.4 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.