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SAMSUNG.COM

TERMS AND CONDITIONS OF SALE

By placing an order on Samsung.com, you agree to the terms and conditions below (the “Terms”).  The Terms will govern orders placed on this site and will constitute an agreement between Samsung Electronics America, Inc. as the seller and you as the purchaser of products sold on this site (the “Products”).

1.      Order Acceptance; Cancellation


Samsung may cancel your order at any time and for any reason.  Your receipt of an order confirmation does not constitute Samsung’s acceptance of the order and we are under no obligation to accept any order you submit.  If we do cancel your order, we will refund you any amounts that you have been charged.

2.      Quantity Limitations

Samsung reserves the right, in its sole discretion, to limit your orders to a maximum dollar value or maximum quantity per Product.

3.      Prices


Prices do not include shipping and handling, or sales taxes, if applicable, which will be added to your total price.  If the price of a Product is incorrect, then we reserve the right to cancel your order and refund to you the amount that you paid.

4.      Shipping


Samsung is not responsible for any errors, omissions or misdirected or lost orders, or orders which may be delayed.  Any delivery dates we provide you either on the site or in any communications (e-mails, order confirmations, etc.) are estimates only.  Please review the additional information regarding our shipping policy here.

The Products are intended for sale in the United States only, and accordingly, we will only ship to addresses within the United States.  You agree to comply with any U.S. or foreign laws relating to the export, re-export, transfer or resale of the Products.

5.      Risk of Loss


Title to and risk of loss or damage to any physical products you purchase will pass to you when Samsung ships it from one of its warehouses.  Title to any digital Products will pass to you when we provide you with a link, license key, or activation code.

6.      Returns; Damaged Products


Samsung.com will accept return requests for purchases within fifteen (15) days from the date of delivery.  Please review the additional information regarding our returns policy here.

Exceptions to Return Policy


• If you wish to return a Product that came with a free promotional item, such as a free memory card with a phone, all items must be returned together to get a full refund. If you wish to keep the promotional item you will be refunded the cost of the Product minus the full value of the promotional item.

• Shipping and handling fees from your original order will not be refunded, unless the return is due to Samsung error (defective item/damaged).

7.      Samsung Store Pickup


To qualify for store pickup, all items in your order must be available at the same retail location.  Once your order is placed we will send you an email confirming that we have received your order.  We will send you another email once the item is ready for pickup.

You will have five (5) days from the time we send you an email confirming your product is ready for pickup.  If you do not pick up your products by then, we will automatically cancel your order.

In order to pick up your Product, you must show a valid government issued identification.

8.      Wireless and other Third-Party Services


You may have agreed to terms and conditions with a third party for services such as content, cloud storage, wireless services, or Premium Care (“Third Party Software or Services”).  Returning your Product will not automatically cancel any third party service, including wireless service that you activated in connection with your purchase.  You may be required to register or enroll with the provider in a manner solely determined by the provider. Your use of the Third Party Services is subject to terms and conditions (including privacy policies) determined solely by the provider.

THIRD PARTY SOFTWARE OR SERVICES ARE PROVIDED “AS IS”, "WHERE IS" AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND. SAMSUNG AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OR GUARANTEES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, REGARDING THE THIRD PARTY SOFTWARE OR SERVICES, AND TO THE EXTENT PROHIBITED BY LAW, SPECIFICALLY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE PREVIOUS DISCLAIMER, SAMSUNG AND ITS LICENSORS DO NOT REPRESENT, WARRANT OR GUARANTEE THAT THE THIRD PARTY SOFTWARE OR SERVICES WILL (I) BE COMPATIBLE WITH YOUR HARDWARE OR SOFTWARE, (II) OPERATE IN AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE MANNER, (III) WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS OR ERRORS, INCLUDING BUT NOT LIMITED TO VIRUSES, INTERFERENCES, CORRUPTION OR OTHER SECURITY INSTRUCTIONS, OR (IV) WILL BE SECURE OR IMMUNE (INCLUDING THE CONTENT DELIVERED TO YOU OR THE INFORMATION YOU PROVIDED) FROM HACKING OR OTHER UNAUTHORIZED ACCESS.

TO THE EXTENT PROHIBITED BY LAW, IN NO EVENT SHALL SAMSUNG OR ITS LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF SAMSUNG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, NEGILIGENCE, PERSONAL INJURY, PRODUCT LIABILITY, INFRINGEMENT OR ANY OTHER THEORY, REGARDLESS OF WHETHER OR NOT SAMSUNG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIM YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT SAMSUNG WOULD BE REQUIRED TO INDEMNIFY SUCH PARTY FOR ANY CLAIM. IN NO EVENT SHALL SAMSUNG’S AGGREGRATE LIABLITY TO YOU UNDER THIS AGREEMENT EXCEED THE PURCHASE PRICE OF THE APPLICABLE CONTENT. SAMSUNG HAS NO LIABILITY FOR ANY OF YOUR DATA THAT IS LOST OR CORRUPTED THROUGH USE OF THE THIRD PARTY SOFTWARE OR SERVICES; YOU ARE RESPONSIBLE FOR MAINTAINING BACKUPS OF YOUR DATA.

Returning any hardware Product will not automatically cancel any Third Party Software or Services, including wireless service that you activated in connection with your purchase.  You should refer to the terms and conditions that govern any Third Party Software or Service.

Third Party Software or Service may be delivered to you by Samsung in the form of a download link, license key, activation code, email, via upload directly onto your purchased Product, or other electronic delivery method.

9.      Subscription; Recurring Payments.


In some cases, you may be purchasing Third Party Software or Services directly from Samsung on a subscription basis.  These subscriptions may be annual or month-to-month.  If any Third Party Software or Service was purchased from Samsung on a subscription basis, Samsung will automatically renew your purchased license or subscription and charge you for successive renewal terms (plus taxes and fees, less any applicable discounts), in accordance with the terms of the subscription for such Third Party Software or Service, using the payment information you provided for your initial purchase, until you cancel.  You will be charged on the day of the month on which you initiated your subscription, or as otherwise provided in the terms of the subscription for such Third Party Software or Service.  For example, if you initiated your subscription on the 6th of the month, you will be charged on the 6th of each subsequent month.  We may change the price of the subscription as of the next billing period if we provide you with prior notice of the change by email.

10.   End-Users Only


Samsung.com is intended only for end-user customers who will use Products for personal, household, family, or bona fide business use.  If we determine that you are in the business of reselling products, then, in addition to any other remedies available to us, we may charge you for the full amount of any promotional value or rebate that was applied to the purchase or granted to you at any time after the purchase.

11.   Governing Law


The formation, existence, construction, performance, validity and all aspects whatsoever of these Terms will be governed by the law of the State of New York, without reference to its choice of laws principles. These Terms will not be governed by the UN Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Notwithstanding the foregoing, we may apply for injunctive remedies (or an equivalent type of urgent legal relief) in any court of competent jurisdiction.

12.   Severability


If any provision of these Terms is deemed to be invalid, illegal or unenforceable (in whole or in part), then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

13.   No Waiver


If we do not exercise or enforce any legal right or remedy which is set out in these Terms or which we have the benefit of under any applicable law, this will not be construed as a formal waiver of our rights or remedies and such rights or remedies will remain available to us.

LAST UPDATED:
August 26, 2020

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