Samsung Upgrade Program Terms
The Samsung Upgrade Program (the “Upgrade Program”) allows you to purchase an initial eligible Samsung television under the Samsung Financing Program, with an option to upgrade to a new eligible Samsung television at least twenty-four (24) months after the date on which Samsung ships your Initial Device (as defined below) to you.
The Upgrade Program is described in the following terms (the “Upgrade Terms”). By enrolling or participating in the Upgrade Program, you accept and agree to these Upgrade Terms.
1. How To Participate
To participate in the Upgrade Program, you must opt-in on Samsung’s website at www.samsung.com (the “Website”) or using the Shop Samsung App (the “App”) and meet the initial requirements in Section 2 below. To upgrade after you have successfully opted into the Upgrade Program, you must meet the upgrade eligibility requirements in Section 3 below and follow the upgrade process in Section 4 below.
2. Initial Requirements
You must meet each of the following requirements to participate in the Upgrade Program:
· Opt-in at the Website or using the App, as described in Section 1 above.
· Apply and be approved for a Samsung Financing Program Account. The Samsung Financing Account (the "Financing Account") is a credit card account and is subject to credit approval and issued by TD Bank, N.A. (“TD Bank”). For additional information on the Financing Account and the available financing offers, see the Samsung Financing Program Account Agreement with TD Bank and the promotional offers made to you when you make an eligible purchase. If you were approved for a Financing Account prior to opting in to the Upgrade Program, you may use it to participate, subject to the available credit line.
· Make an initial purchase of an eligible Samsung television with the Financing Account on the Website or through the App. The purchase of your initial eligible Samsung television (“Initial Device”) must be made using your Financing Account on the Website or through the App. This purchase will be included in the currently available promotional financing offer. The total amount you must pay (including the price and any applicable taxes and shipping charges) to purchase your Initial Device is referred to in these Upgrade Terms as the “Financed Amount.” Samsung televisions available for the Upgrade Program are identified on the Website and the App at the time of purchase together with an opportunity to opt-in.
· Have a Samsung Account. You must create a new Samsung Account or log-in to your existing Samsung Account. For information, see samsung.com/myaccount/. NOTE: Your Samsung Account is different than the Financing Account issued by TD Bank.
3. Eligibility To Upgrade
To upgrade, you must meet the following requirements at the time of the upgrade:
· At least twenty-four (24) months must have passed since the date on which Samsung shipped your Initial Device to you. Samsung will determine this by counting seven hundred and thirty (730) days from the date of shipment.
· Your Financing Account must be open and in good standing. To be in good standing, your Financing Account must be open, available for use, current, and have sufficient available credit to make the upgrade purchase. Additional requirements may be contained in your Financing Account Agreement.
4. How To Upgrade
If you meet the initial requirements in Section 2 and the upgrade requirements in Section 3, by doing the following you may upgrade your Initial Device and receive an Upgrade Credit from Samsung to be applied to the balance of the Financed Amount that remains outstanding on your Financing Account with respect to your Initial Device:
· Purchase a new, eligible Samsung television (“Upgrade Device”) under the Upgrade Program using the Financing Account, under the then-available financing terms and conditions. Eligible televisions will be identified from time to time on the Website or the App.
· The Upgrade Device must be equal value to or greater value than your Initial Device.
5. Upgrade Credit To Your Financing Account
Within 30 days following the date we ship your Upgrade Device, Samsung will authorize a credit (the "Upgrade Credit") to the Financing Account which will equal the balance of the applicable Financed Amount that remains outstanding on your Financing Account, up to a maximum of thirty-three percent (33%) of the Financed Amount. To be clear, the Upgrade Credit is only calculated on the price of the Initial Device and taxes and shipping charges for that device. There is no Upgrade Credit for any accessories or optional service or protection programs, which must be paid in full and may result in an unpaid balance after your Upgrade Credit is posted to the Financing Account. Any remaining balance will be subject to required minimum payments in accordance with the Financing Account terms. The unpaid balance and amount of the Upgrade Credit will be determined as of the date you are eligible for upgrade and submit a request to upgrade. The Upgrade Credit will be disclosed to you as part of the upgrade process.
Paying more than sixty-six (66)% of your applicable Financed Amount before you upgrade will reduce both the balance of the Financed Amount that remains outstanding on your Financing Account and the amount of Upgrade Credit you will receive. Your Upgrade Credit cannot exceed the unpaid balance of the Financed Amount for the Initial Device or 33% of the Financed Amount, whichever is less. Therefore, if you pay-off your balance or pay more than 66% of the Financed Amount before you upgrade, the amount of your Upgrade Credit may be zero or less than 33% of the cost of the Initial Device.
Note: If the Upgrade Credit is less than the outstanding Financed Amount any remaining balance of the original Financed Amount will also remain subject to required minimum payments in accordance with the Financing Account terms.
6. Samsung Returns And Refunds Policy Applies
You can return your Initial Device after your initial purchase only in accordance with Samsung's then applicable returns and refunds policy. After exercising your upgrade option, you may return your Upgrade Device to Samsung only in accordance with Samsung’s then applicable returns and refunds policy. If you return an Initial Device or Upgrade Device in accordance with Samsung’s then applicable returns and refunds policy, Samsung will issue a credit for the applicable amount, if any, to your Financing Account. You will not be eligible to receive the Upgrade Credit if the Upgrade Device is returned. This paragraph does not apply to returns or replacements under the terms of Samsung’s standard limited warranty.
7. Other Important Terms
· The Upgrade Program is offered and administered by Samsung.
· The Upgrade Program is only available to consumers who will use their Initial Device and Upgrade Device for personal, household, family, or bona fide business end use. Accordingly, you (i) acknowledge devices purchased in connection with the Upgrade Program are not intended for resale, (ii) represent that you are not purchasing devices under the Upgrade Program with the intention of reselling such devices, and (iii) represent that you are not acting on behalf of any person or entity that intends to resell devices you purchase. If Samsung determines that you are in the business of reselling devices purchased in connection with the Upgrade 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 Upgrade Program), you will be charged for the full amount of any Upgrade Credit or other promotional value that Samsung provided to you. You agree to pay any such charges and authorize Samsung to make such charge to your Financing Account or other 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 Upgrade Program.
· The Upgrade Program cannot be combined with any other promotions, discounts, or offers (“Offers”), unless specifically provided for in the applicable Offer’s terms and conditions.
· If any provision (or part of any provision) of these Upgrade 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 Upgrade Terms and shall in no way affect the legality, validity or enforceability of the remaining terms.
· You should retain a copy of these Upgrade Terms and any sales receipt or other materials relevant to the purchase of your Initial Device and Upgrade Device. You may also review the most recent version of these Upgrade Terms by visiting http://www.samsung.com/us/explore/samsung-upgrade-program/#termsconditions.
· Samsung reserves the right to substitute, change, cancel or add to any part of these Upgrade Terms at any time, including terminating the Upgrade Program or modifying these Upgrade Terms. In the event the Upgrade Program is terminated, you will still be responsible for any outstanding balances due under the terms of your Samsung Financing Program Account Agreement. We will use reasonable efforts to provide you with advance notice before we terminate the Upgrade Program. We will also use reasonable efforts to provide advance notice before we make changes to the Upgrade Program that, in our discretion, could significantly restrict your rights or add significant new obligations relating to your participation in the Upgrade Program.
· We reserve the right to decline your enrollment or cancel your participation in the Upgrade Program, with or without advance notice, if we believe that you have not complied with these Upgrade Terms or that your participation is enabling a fraudulent or illegal purpose.
· The Upgrade 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.
· Upgrade Program eligibility and the Financing Account are not transferrable.
· For questions about your Financing Account or your application, please contact TD Bank at 1-800-434-0050.
8. Dispute Resolution; Arbitration
This Section 8 applies to disputes you may have with Samsung regarding either the Upgrade Program but does not apply to any disputes you may have with TD Bank relating to your Financing Account. Please refer to your TD Bank Cardholder Agreement for information on how to resolve disputes with TD Bank.
THIS IS A BINDING LEGAL AGREEMENT (“ARBITRATION AGREEMENT”) BETWEEN YOU AND SAMSUNG ELECTRONICS AMERICA, INC. (“SAMSUNG”). YOU AND SAMSUNG EACH AGREE THAT ALL DISPUTES WITH SAMSUNG RELATING IN ANY WAY TO OR ARISING IN ANY WAY FROM THE SAMSUNG UPGRADE PROGRAM, OR THE SALE, CONDITION OR PERFORMANCE OF ANY PRODUCTS YOU OBTAIN THROUGH THE SAMSUNG UPGRADE PROGRAM, SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, AND NOT BY A COURT OR JURY.
ANY SUCH DISPUTE SHALL NOT BE COMBINED OR CONSOLIDATED WITH A DISPUTE INVOLVING ANY OTHER PERSON’S OR ENTITY’S SAMSUNG PRODUCT OR CLAIM, AND SPECIFICALLY, WITHOUT LIMITATION OF THE FOREGOING, SHALL NOT UNDER ANY CIRCUMSTANCES PROCEED AS PART OF A CLASS ACTION. The arbitration shall be conducted before a single arbitrator, whose award may not exceed, in form or amount, the relief allowed by the applicable law. The arbitration shall be conducted according to the American Arbitration Association (AAA) Commercial Arbitration Rules applicable to consumer disputes. The AAA Rules are available online at adr.org or by calling the AAA at 1-800-778-7879. This Agreement is entered pursuant to the Federal Arbitration Act. The laws of the State of New York, without reference to its choice of laws principles, shall govern the interpretation of these Samsung Financing Program terms and all disputes that are subject to this Arbitration Agreement. The arbitrator shall decide all issues of interpretation and application of this Arbitration Agreement and these Terms.
For any arbitration in which your total damage claims, exclusive of attorney fees and expert witness fees, are $5,000.00 or less (“Small Claim”), the arbitrator may, if you prevail, award your reasonable attorney fees, expert witness fees and costs as part of any award, but may not grant Samsung its attorney fees, expert witness fees or costs unless it is determined that the claim was brought in bad faith. In a Small Claim case, you shall be required to pay no more than half of the total administrative, facility and arbitrator fees, or $50.00 of such fees, whichever is less, and Samsung shall pay the remainder of such fees. Administrative, facility and arbitrator fees for arbitrations in which your total damage claims, exclusive of attorney fees and expert witness fees, exceed $5,000.00 (“Large Claim”) shall be determined according to AAA rules. In a Large Claim case, the arbitrator may grant to the prevailing party, or apportion among the parties, reasonable attorney fees, expert witness fees and costs to the extent allowed by the applicable law. Judgment may be entered on the arbitrator’s award in any court of competent jurisdiction.
This Arbitration Agreement also applies to claims against Samsung’s employees, representatives, parents and other affiliates if any such claim relates in any way to or arises in any way to the Samsung Upgrade Program or the sale, condition or performance of a product obtained through the Samsung Upgrade Program.
You may opt out of this Arbitration Agreement by providing notice to Samsung no later than 30 calendar days from the date you first enrolled in the Samsung Upgrade Program. To opt out, you must send notice by e mail to email@example.com, with the subject line: “Arbitration Opt Out.” You must include in the opt-out e-mail (a) your name and address; (b) the date on which you enrolled in the Samsung Upgrade Program; (c) the model name or model number of your Initial Device; and (d) the Serial Number of your Initial Device, if you have it. (The Serial Number can be found (i) on the product box; or (ii) on a label on the back of the television.) Alternatively, you may opt out by calling 1-800-SAMSUNG (726-7864) no later than 30 calendar days from the date you enrolled in the Samsung Upgrade Program and providing the same information. These are the only two forms of notice that will be effective to opt out of this Arbitration Agreement. Opting out of this Arbitration Agreement will not affect your participation in the Samsung Upgrade Program in any way, and you will continue to enjoy the benefits of the Samsung Upgrade Program as stated in these Upgrade Terms.