SAMSUNG TRADE-IN PROGRAM TERMS

These Samsung Trade-In Program Terms (“Terms”) are an agreement between you and Samsung Electronics America, Inc. (“Samsung”). By participating in the Trade-In Program, you accept these Terms.    

1.   Overview

Subject to these Terms, you may trade in your eligible smartphone (“Trade-in Device”) and receive a credit from Samsung to use toward the purchase of certain Samsung smartphones as offered from time to time by Samsung (“New Samsung Device”). This Trade-In Program is only available for New Samsung Devices purchased online directly from Samsung via Samsung’s website at www.samsung.com or through the Shop Samsung App (the “App”). When you place your order, Samsung’s website or the App will display a Trade-In Value for your selected Trade-in Device. The Trade-In Value displayed is subject to receipt by Samsung of your Trade-in Device, in good condition and subject to all other requirements as provided in these Terms. You may incur additional charges if you do not send your Trade-In Device to Samsung within fifteen (15) days of receiving your new device or if your Trade-In Device is not in good condition or if it fails to meet any other requirements of these Terms. See Sections 4 and 5 below for further details.  From time to time, Samsung may offer limited time trade-in promotions (“Promotions”) with terms and eligibility requirements that may differ from those described here.  Please refer to our website for the most up to date Promotions and related terms.

When you complete your order, Samsung will ship your New Samsung Device to you. You should activate your new device and transfer your data, contacts, etc., before you ship your Trade-In Device to us. You can transfer your information from the Trade-In Device to your new device using Samsung Cloud, a data cable, or any of the other methods described in the documentation that accompanies your new device. You must then ship your Trade-In Device to Samsung.  To participate, you must have a Samsung Account. Opening an account is free, but subject to terms and conditions (http://support-us.samsung.com/mysamsung/v2/popup/terms.html).   If you bought your Trade-In Device under an equipment installment plan or other financing plan offered by Samsung or a third party (such as a retailer or your wireless service provider) or if you entered into a two-year service contract with your carrier you will be responsible for any and all remaining payments under such plan or contract, including any contract termination fees.  Leased devices are not eligible for this Trade-in Program unless and until you purchase the leased device from your carrier prior to trading in, which may involve additional fees and payments. You may not participate in this Trade-In Program if you lease or otherwise do not own the device you would be trading in.

2.   Ship Us Your Trade-In Device

Samsung will provide a shipping label and instructions to send us your Trade-In Device. You must follow the instructions Samsung provides, including using any traceable shipment method required by Samsung. If you lose or discard the shipping label, please contact us. Your Trade-In Device must be returned within fifteen (15) days after the date you receive your New Samsung Device under the Trade-In Program. Samsung will consider your Trade-In Device received as of the date you give it to Samsung’s authorized shipping provider with the prepaid return label Samsung sent you. By shipping the device to Samsung, you agree to transfer title and ownership of the device to Samsung. You disclaim any and all right, title or interest in and to the Trade-In Device, including the right to sell, dispose, or otherwise collect, where applicable, the its value. You should ship only the Trade-In Device to Samsung. Discard accessories you no longer need in accordance with your local trash and recycling regulations. No trade in value is offered on anything other than your Trade-In Device itself.

3.   Remove Your Data and Unlock Your Trade-In Device

You must remove all data, including all confidential and personal data, from your Trade-In Device before returning it to Samsung. To do so, you should return the device to its factory settings within the settings menu of the device. It is your sole responsibility to back-up any files or data from your Trade-In Device that you wish to retain prior to performing a factory data reset and before trading in your Trade-In Device. Samsung does not accept any responsibility or liability for any lost files or data or disclosure of private information that has not been removed from your Trade-In Device prior to return. Refer to the user manual or support page on Samsung’s website for how to do a factory reset on your Trade-In Device. In addition, make sure that you remove all accessories, covers, cases, locks, SIM cards and memory cards before sending the device to Samsung. Any such items sent with your Trade-In Device will not be returned.

4.   Additional Charges May Apply

If you do not return your Trade-In Device to Samsung within fifteen (15) days after the date you receive your New Samsung Device, then Samsung will charge you for the full amount of the Trade-In Value that was applied to the purchase of your New Samsung Device (“Non-Return Charge”). If your Trade-In Device is not meet all of the requirements in Section 5, Good Condition and Additional Requirements, then Samsung will value it at twenty five dollars ($25.00) and charge you the Trade-In Value that was applied to the purchase of your New Samsung Device minus the twenty-five dollar ($25.00) value (“Device Condition Charge”). You agree to pay the Non-Return Charge or the Device Condition Charge if either such charge applies. If applicable, you authorize Samsung to charge the Non-Return Charge or the Device Condition Charge to the same credit card or other payment method you used to purchase your New Samsung Device. If you do not have sufficient credit available, Samsung will notify you and you must provide an alternative payment method.

5.   Good Condition and Additional Requirements

Samsung will determine, in its sole judgment, whether your Trade-In Device is in good condition. A Trade-In Device is in "good condition" if it:
• Powers on and holds a charge;
• Has a functioning display;
• Has no breaks or cracks or other visible defects that go beyond normal wear and tear; AND
• Is not on a black list of any kind.
In addition to being in “good condition”, your Trade-In Device must satisfy the following additional  requirements (as well as all other requirements of these Terms):
• Leased devices are not eligible for this Trade-in Program. At the time of trade-in, you must be the owner of the Trade-in Device;
• Reactivation Lock, Google Factory Reset Protection, or any other anti-theft locking software must be disabled;
• Before sending your trade-in Device to Samsung, you must perform a factory reset on it and remove all personal information (as described in Section 3 above); and
• Your Trade-in Device must be labeled with an FCC ID to show that it is certified for use in the United States under applicable FCC regulations. The FCC ID number can usually be found printed somewhere on the mobile device. Sometimes it may be necessary to remove the battery pack to find the number. The FCC ID number can also be found in the user manual for each device.

6.   Your Trade-In Device Cannot Be Returned to You

Samsung cannot return your Trade-In Device to you, even if you return your New Samsung Device within the applicable return period.

7.   Devices Eligible for Trade-In

You may trade in only one (1) device under this Trade-In Program for each New Samsung Device you purchase. Device model eligibility (for both the Trade-In Device and the device being purchased) and Trade-in value are determined by Samsung in its sole discretion and may vary depending on the time of purchase.  Please refer to our website for the most up to date information on eligible devices and Trade-in value.  As stated above, leased devices are not eligible for this Trade-In Program, unless and until you purchase the leased device from your carrier. At the time of trade-in you must be the owner of your Trade-In Device. If you bought your Trade-In Device under an equipment installment plan or other financing plan offered by Samsung or a third party (such as a retailer or your wireless service provider) or if you entered into a two-year service contract with your carrier, you will be responsible for any and all remaining payments under such plan or contract, including any contract termination fees. As mentioned above, from time to time, Samsung may offer Promotions with terms and eligibility requirements that may differ from those described here.  Please refer to our website for the most up to date Promotions and related terms.

8.   End-Users Only

The Samsung Trade-In Program is only available to consumers who will use their New Samsung Device for personal, household, family, or bona fide business end use.  Accordingly, you (i) acknowledge that New Samsung Devices purchased through the Samsung Trade-In Program are not intended for resale, (ii) represent that you are not purchasing New Samsung Devices with the intention of reselling such New Samsung Devices, and (iii) represent that you are not acting on behalf of any person or entity that intends to resell New Samsung Devices you purchase.  If Samsung reasonably determines that you are in the business of reselling New Samsung Devices, then, in addition to any other remedies available (including our right to refuse to ship to you and cancel your participation in the Trade-In Program), you will be charged for the full amount of any Trade-In Value or other promotional value that was applied to the purchase of your New Samsung Device or granted to you subsequent to the purchase.  You agree to pay any such charges and authorize Samsung to make such charge to the same credit card or other payment method you used to purchase your New Samsung Devices.  If you do not have sufficient credit available, Samsung will notify you and you must provide an alternative payment method.

9. Other Important Terms

·      The Trade-In Program is offered and administered by Samsung.
·      The Trade-In Program is only available to individuals who will use their New Samsung Device for personal, household, or family uses.
·      You must be at least eighteen (18) years old to participate in the Trade-In Program.
·      ·      The Trade-In Program cannot be combined with any other promotions, discounts, or offers unless specifically provided for in the terms and conditions of such offers.
·      By participating in the Trade-In Program, you understand and agree that it may be necessary for Samsung, its subsidiaries and agents, to collect, process, transmit, maintain, share, and use certain of your personal information, such as your name, address, and information related to your method of payment, to perform the service and support obligations under the Trade-In Program. You may receive Trade-In Program-related communications from Samsung, its subsidiaries and agents, such as notices regarding additional charges described in Section 4. You may also receive requests to participate in surveys or marketing communications from Samsung and/or its Affiliates related to the Trade-In 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 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 Terms and shall in no way affect the legality, validity or enforceability of the remaining terms.
·      A copy of these Terms will be emailed to you. If you do not have an email account, you should retain a copy of these Terms and any sales receipt or other materials relevant to your purchase provided to you. You may also review the most recent version of these Terms by visiting http://www.samsung.com/us/explore/samsung-Trade-In-program/#termsconditions.
·      Samsung reserves the right to substitute, change, cancel or add to any part of these Terms at any time, including terminating the Trade-In Program or modifying these Terms.
·      We reserve the right to decline or cancel your participation in the Trade-In Program, with or without advance notice, if we believe that your participation is enabling a fraudulent or illegal purpose.
·      The Trade-In Program is available only to customers residing in the fifty U.S. states and the District of Columbia and is not available in other locations.
·      Neither Trade-In Program eligibility nor the Trade-In Value offered by Samsung are transferrable to any other person or entity.
·      You may return the New Samsung Device you purchased under this Trade-In Program in accordance with Samsung's Returns and Refunds Policy (or in the case of in-person purchases made at Samsung Galaxy Studios, you must return the New Samsung Device that you purchased under this Trade-In Program to the Samsung Galaxy Studio from which the device was purchased within 30 days of such purchase). If a refund is owed to you, the refund will be credited to you using the same payment method that you used when you completed your initial order with us.

10.   DISPUTE RESOLUTION

Any dispute you may have with Samsung arising out of or relating to the Trade-In Program or these 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 New Samsung Device you purchased using the Trade-In 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 the New Samsung Device you purchased using the Trade-In Program (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 Trade-In Program, and specifically, without limitation of the foregoing, shall not under any circumstances proceed as part of a class action.

 

Last Updated: November 17, 2017

 

 

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