Guaranteed Buy-back Program Terms

The guaranteed buy-back program (the “Program”) allows you to send an eligible Samsung smartphone (a “Program Device” as defined in Section 2 below) at any time during the Buy-back Period (as defined in Section 3 below) to Samsung’s authorized business partner and receive a Buy-back Credit (as defined below in Section 4) if your Program Device is in Satisfactory Condition (as defined below in Section 3.c) and you otherwise meet the requirements stated in these guaranteed buy-back terms (“Program Terms”).

By participating in the Program, you accept and agree to these Program Terms. As used in these Program Terms, “Samsung” means Samsung Electronics America, Inc. only.

1. Participation in the Program

To participate in the Program you must:

a. Opt-in to the Program at www.samsung.com (the “Website”) or by using the Shop Samsung App (the “App”).
b. Have a Samsung Account. You must create a new Samsung Account or log-in to your existing Samsung Account on the Website or the App. For information, see samsung.com/myaccount/ .

2. Program Devices

To be eligible for Buy-back Credit as a “Program Device,” a device must be identified on the Website or in the App at the time of purchase as being eligible for Buy-back Credit and must be purchased directly from Samsung through the Website or using the App. Samsung devices not purchased on the Website or using the App, including devices purchased from other parties (such as wireless carriers or national retailers) or purchased outside the United States, are not eligible for Buy-back Credit. Samsung-branded devices not intended by Samsung for sale or use in the United States are not eligible to be Program Devices and should not be sent to Samsung’s authorized business partner under the Program.

3. How to Request Buy-back Credit

You may request Buy-back Credit for your Program Device from thirty (30) days to twenty-four (24) months after its date of purchase (“Buy-back Period”). To request Buy-back Credit for your Program Device, you must complete the following steps:

a. Prepare Your Program Device for Return to Samsung. All data, including all confidential and personal data, must be removed from your Program Device before sending it to Samsung’s authorized business partner. Refer to the user manual or support page on Samsung’s website for how to do a factory reset on your Program Device. Before sending your Program Device to Samsung’s authorized business partner, you are responsible for disabling Reactivation Lock, Google Factory Reset Protection, or any other anti-theft locking software as required in Section 3.c.(v). In addition, make sure that you remove all accessories, covers, cases, locks, SIM cards and memory cards before sending the device to Samsung. No items sent with your Program Device will be returned to you under any circumstances.

b. Send your Program Device to Samsung’s Authorized Business Partner. You must request a buy-back of your Program Device via the Website or App. When you make your request, you must respond to questions about the condition of your device. If, based on your responses, it appears that Samsung’s business partner would determine your Program Device is in Satisfactory Condition after receiving it, then Samsung will send you a shipping label and shipping instructions. You must follow the instructions Samsung provides to ship your Program Device to Samsung’s authorized business partner, including using a trackable shipment method. You have 15 days from the date Samsung sends you the shipping label to ship your Program Device. Samsung will consider your Program Device shipped as of the date you deliver it to Samsung’s authorized shipping provider with the prepaid shipping label Samsung sent you. By initiating the shipment of your Program Device, you disclaim any further right, title or interest in and to the Program Device, including the right to sell, dispose or otherwise collect or realize the value of the Program Device.  If Samsung’s authorized business partner has determined, in their sole judgment, that your Program Device is in "Satisfactory Condition" (as defined in Section 3.c), and a Buy-back Credit is issued to your Affirm Installment Loan (“Loan”) which satisfies the outstanding balance at the time the Buy-back Credit is issued, your Loan will be considered paid in full.

c. Your Program Device must be received in Satisfactory Condition. To receive Buy-back Credit, Samsung’s authorized business partner must determine, in their sole judgment, that your Program Device is in “Satisfactory Condition,” meaning all of the following are met:

d.    Your Program Device must power on, hold a charge and not power off unexpectedly;

e.    Your Program Device USB-C connector, side buttons, haptic feedback (vibration), camera flash LEDs, speakers, microphones, proximity and fingerprint sensors work reliably;

f.    Your Program Device cameras must capture clear photos;

g.    Your Program Device must have a functioning display without delamination and free from problems, such as dark spots, screen burn, flickering, dead pixels, pixilation, ghosting or other visual issues;

h.    Your Program Device must have no breaks or cracks, or other defects that go beyond normal wear and tear, including but not limited to: multiple scratches, dents, or dings; evidence of water damage based on the condition of the Liquid Damage Indicator; or corroded charging port, SIM, or battery terminal contacts;

i.    Your Program Device must not be blacklisted or otherwise reported as stolen or compromised;

j.    Your Program Device must recognize and connect to networks, installed SIM and SD storage cards, GPS and other network services through Wi-Fi and Bluetooth;

k.    Reactivation Lock, Google Factory Reset Protection, or any other anti-theft locking software has been disabled; and

l.    All personal information (as described in Section 3.a. above) has been removed and a factory reset performed before shipping your Program Device to Samsung.

(i)    If you believe your Program Device may not be in Satisfactory Condition due to a defect covered by Samsung’s Standard Limited Warranty (posted at http://www.samsung.com/us/Legal/Phone-HSGuide (“Limited Warranty”)) see Section 3.d. below.

m.    Limited Warranty Rights. If you are considering sending your Program Device to Samsung’s authorized business partner within twelve (12) months of the date of purchase and you believe your Program Device may not be in Satisfactory Condition, before requesting Buy-back Credit, please contact Samsung to determine whether your Program Device is eligible for repair or replacement under the Limited Warranty posted at http://www.samsung.com/us/Legal/Phone-HSGuide . If it is, and your Program Device is repaired or replaced under the Limited Warranty, you may then request Buy-back Credit. If you send your Program Device to Samsung’s authorized business partner without determining first whether it is eligible for repair or replacement under the Limited Warranty, and Samsung’s authorized business partner determines that your Program Device is not in Satisfactory Condition, then you will not receive Buy-back Credit.

n.    Premium Care Service Rights. If you have Samsung Premium Care coverage and you believe your Program Device may not be in Satisfactory Condition, before requesting Buy-back Credit, you should consider exercising your service rights set forth in the Samsung Premium Care Terms of Service posted at https://www.samsung.com/us/support/premium-care/terms-and-conditions/ (“Service Contract”), including paying any applicable service fee required. After your Program Device is repaired or replaced under your Service Contract you may request Buy-back Credit. If your Program Device is not in Satisfactory Condition and you have already exhausted your service rights under your Service Contract, or if the necessary repair or replacement is not covered by Samsung Premium Care, then your Program Device will not be eligible for Buy-back Credit.

4.    How You Will Receive Buy-back Credit
If you are eligible, Samsung will issue a credit (“Buy-back Credit”) to you in an amount equal to fifty percent (50%) of the full retail price of your Program Device as of the date you purchased it, before the application of any other credits, discounts or trade-in value that were applied to your purchase. Buy-back Credit will be issued to the payment method you used when you purchased your Program Device.  However, if you purchased your Program Device using an Affirm Loan, Buy-Back Credit will be issued as a credit to your Loan.  You will still be responsible for any outstanding installment payments on your Loan.  If the value of your Buy-Back Credit is greater than the outstanding balance on your Loan, your Buy-back Credit may be issued in the form of a gift card, check or other form of payment.  You will receive a notification to your billing e-mail address once Samsung has confirmed receipt of your Program Device (usually between 5-7 business days). An additional e-mail will be sent once it is determined that your Program Device is in Satisfactory Condition (usually 5 business days).

5.    Ineligible Devices and Devices Not in Satisfactory Condition
If you send Samsung’s authorized business partner a device that is not eligible to be a Program Device under Sec. 2, Program Devices, or that is not in Satisfactory Condition Section 3.c above, then you will not receive Buy-back Credit and Samsung’s authorized business partner will return your device to you at no cost to you.

6.    Returns during the Return Window
Before the Buy-back Period begins, you can return your Program Device after your purchase during the applicable Return Window (and not under the Program) only in accordance with Samsung's then-applicable returns and refunds policy, posted on the Website at https://www.samsung.com/us/support/order-faqs/#RETURNS . This paragraph does not apply to returns or replacements under the terms of Samsung’s standard limited warranty.

7.    Other Important Terms

•    The Program is offered and administered by Samsung Electronics America, Inc..

•    You may decide to trade-in your Program Device outside of the Program for any reason (e.g., if the market value of your trade-in exceeds the outstanding balance on your Loan).  If you do so, you will still be responsible for any remaining balance on your Loan to Affirm and you will not be able to participate in the Program as set forth above.  You should also cancel the Samsung Premium Care plan associated with the Program Device by contacting Samsung at: (866) 371-9501 after your trade-in.

•    The Program is only available for a Program Device. Buy-back Credit is not available for any accessories or other add-ons, even if you purchase them at the same time you purchase your Program Device.

•    The Program is only available to consumers who acquire their Program Device solely for personal, household, family, or bona fide business end use, by accessing the Website or the App. Program Devices available under the Program are not for resale. Samsung reserves the right to limit the number of Program Devices sold to a consumer under this Program. By participating in the Program, you represent that (i) you are not purchasing devices under the Program with the intention of reselling such devices and (ii) you are not acting on behalf of any person or entity that intends to resell devices you purchase. If Samsung determines, in its sole discretion, that you are in the business of reselling devices purchased in connection with the Program, then, in addition to any other remedies available (including Samsung’s right to refuse to ship to you and cancel your participation in the Program), you will be charged and agree to pay the full amount of any Buy-back Credit or other promotional value that Samsung provided to you in the payment method you have used on the Website or through the App. If you do not have sufficient credit available, Samsung will notify you and you must provide an alternative payment method.

•    You must be at least 18 years old to participate in the Program.

•    The Program cannot be combined with any other promotions, discounts, or offers (“Offers”), unless specifically provided for in the applicable Offer’s terms and conditions.

•    By participating in the Program, you understand and agree that it may be necessary for Samsung, its subsidiaries and agents, and Samsung’s authorized retailers or resellers to collect, process, transmit, maintain, share, and use certain of your personal information, such as your name and address, to administer the Program and provide Buy-back Credit to eligible participants. You may receive periodic Program-related communications from Samsung, such as notices regarding changes to the Program. You may also receive requests to participate in surveys or marketing communications from Samsung and/or its Affiliates related to the Program or other offers. At all times, Samsung will treat your information in accordance with the Samsung Privacy Policy, available at www.Samsung.com/privacy.

•    If any provision (or part of any provision) of these Program Terms is found to be illegal, invalid or unenforceable under any applicable law, such term shall, insofar as it is severable from the remaining terms, be deemed omitted from these Program Terms and shall in no way affect the legality, validity or enforceability of the remaining terms.

•    You should retain a copy of these Program Terms and any sales receipt or other materials relevant to the purchase of your Program Device. You may also review the most recent version of these Program Terms by visiting www.samsung.com/us/mobile/buy-back/terms-and-conditions/ .

•    Samsung reserves the right to substitute, change, cancel or add to any part of these Program Terms at any time, including terminating the Program or modifying these Program Terms. Samsung will use reasonable efforts to provide you with advance notice before terminating the Program. Samsung will also use reasonable efforts to provide advance notice before making changes to the Program that, in its discretion, could significantly restrict your rights or add significant new obligations relating to your participation in the Program.

•    Samsung reserves the right to decline or cancel your participation in the Program, with or without advance notice, if Samsung believes that you have not complied with these Program Terms or that your participation is enabling a fraudulent or illegal purpose.

•    The Program is available only to Samsung customers residing in the fifty U.S. states and the District of Columbia and is not available in other locations.  To purchase a Program Device with Affirm, you must be 18 years or older (19 years or older in Alabama or if you're a ward of the state in Nebraska), and not be a resident of Iowa or West Virginia.

•    Program eligibility is not transferrable. To receive Buy-back Credit, you must be the original purchaser of the Program Device.

•    These terms and conditions shall be deemed governed by the laws of the State of New York.

8.    Dispute Resolution
Any dispute you may have with Samsung arising out of or relating to the Program or these Program Terms shall be governed by the Arbitration Agreement (including its 30-day opt-out provision) included in the Samsung Terms and Conditions that apply to the Program Device you purchased in connection with the Program. For more information about your rights, obligations, opt-out opportunities and the full terms of the Arbitration Agreement, see www.samsung.com/us/Legal/Phone-HSGuide/ , the printed materials enclosed in the box, or the Legal section of the settings menu of your Program Device (typically in the “About Device” or “About Phone” section). As stated in such Arbitration Agreement, you agree that any such dispute shall not be combined or consolidated with a dispute involving any other person’s or entity’s claim related to the Program, and specifically, without limitation of the foregoing, shall not under any circumstances proceed as part of a class action.

Version Date: 04/07/2020