PROGRAM TERMS & CONDITIONS
Please read these Program terms and conditions (“Terms and Conditions) carefully. Participation in this Program will constitute your agreement to comply with these Terms and Conditions. If you do not agree with these Terms and Conditions, please do not participate in this Program. Please refer to this website for the current Terms and Conditions for this Program. http://www.samsung.com/za/offer/s9-trade-in/
a) The Samsung Trade-In program (“the Program”) is operated by Brightstar Services Africa Pty Ltd (“Brightstar”).
b) Samsung, its staff, employees and dealers (collectively “Samsung”), may provide elements of the Program as agents of Brightstar.
c) Brightstar is a registered Second-Hand Dealer (Registration No. A119977) in terms of the Second-Hand Goods Act, Act No. 6 of 2009.
2. Participation in the program
a) To participate in the Program you must:
i. Be an individual who is a resident of RSA,
ii. Be at least 18 years of age,
iii. purchase a new Samsung S9 (SM-G960F) or a Samsung S9+ (SM-G965F) mobile device
b) You must own all rights and title in and to any Devices that you send to Brightstar for assessment and be legally entitled to sell the Device. This means that you must not sell the Device if you are paying a network repayment on contract or making any other repayments on the Device at the time you participate in the Program.
c) If your Device has a blocked international mobile equipment identity (“IMEI”), it is not eligible for the Program. IMEI blocking usually occurs after a phone is reported lost or stolen and prevents you from making or receiving calls. You must confirm your Device is working normally before you trade it in.
3. Your responsibilities
a) You are responsible for cancelling any network contract linked to each Device you hand in, and for removing your SIM card. Neither Samsung nor Brightstar is responsible for any costs arising from your failure to cancel the network contract linked to your Device or your failure to remove the SIM card.
b) Any SIM cards received by Brightstar with your Device will not be returned and you hereby authorise Brightstar to destroy them.
c) You are responsible for ensuring that your Device does not contain any personal or confidential information when it is sent to Brightstar. If any personal or confidential information is contained on the Device which has not been deleted when Brightstar receives it, you authorise Brightstar to perform a factory reset on the Device and hold Brighstar and Samsung harmless for the loss of any information or personal information deleted from the Device.
d) You agree that neither Brightstar nor Samsung are responsible for any loss or damage that may be caused by your failure to remove personal or confidential data from the Device before handing it to Brightstar.
4. Brightstar’s responsibilities
a) An agent of Brightstar will conduct a preliminary assessment on your Device at the point of collection, which must be within a 75km radius of the Sandton CBD to ensure:
i. The Device powers on
ii. There are no cracks on the front/back of the Device
b) If you agree to proceed, Brightstar’s agent will package your Device to be sent to Brightstar, together with your proof of identity (see clause 5) and a signed copy of these terms and conditions.
c) Brightstar will then conduct a secondary assessment of your Device on their premises after collection as per point (a) and will advise Samsung (at the Samsung Brand or Samsung Experience store nominated by yourself) of the value of the Device. This is the value that will be issued to you by way of a voucher, which voucher will be communicated via sms on the number you register on the website. This voucher can be applied to your purchase of the Samsung S9 (SM-G960F) or a Samsung S9+ (SM-G965F) mobile device. Samsung and Brightstar make no representations about the market value of the Device or the price that you might be able to obtain elsewhere.
5. Privacy and proof of identity
a) As part of Brightstar’s second hand dealer licenses, Brightstar is required by law to obtain proof of identity from you.
b) If you are not a business participating in the Program, you must provide a combination of two forms of original proof of identity items in store that together show your full name, photograph, current address, date of birth and signature, such as barcoded ID, Driver’s License, or Passport. These will be copied and enclosed in the tamper-proof envelope with your device and a signed copy of these terms and conditions by Brightstar’s agent. Brightstar reserves the right to contact you and ask for further proof of identity, for example if the copy of the proof of identity received by Brightstar is not legible.
c) In addition to the proof of identity requirement, Brightstar may be required to submit the IMEI number of every device to a credit bureau that checks for reported lost or stolen property.
a) Samsung offers a voucher to the value of your Device traded, which voucher:
i. Is valid for 3 years from date of issue in line with the provisions of the Consumer Protection Act;
ii. Cannot be exchanged for cash, in part or full;
iii. Is redeemable for one transaction only;
iv. Is not redeemable for a purchase value of less than the value of the voucher.
v. Is only redeemable against a Samsung S9 (SM-G960F) or Samsung S9+ (SM-G965F) for the first 12 months from date of issue;
vi. Will have the value of the traded in Devices, as per Samsung’s website http://www.samsung.com/za/offer/s9-trade-in/, at the time of the trade in.
b) Should the voucher not be redeemed against the Samsung S9 (SM-G960F) or Samsung S9+ (SM-G965F) within the first 12 months of issue of the voucher, the voucher may be redeemed within the remaining 24 months for any other Original Samsung products in the nominated store after the initial 12 months and before the voucher expiry;
c) Rights and Title in and to the device shall pass to Brightstar payment to you for the device.
7. Compliance with these terms and conditions
a) In the case Brightstar is notified or suspects that the Device is lost or stolen, the transaction will not be processed
b) If Brightstar, or Samsung acting as Brightstar’s agent, becomes aware or reasonably suspects that you have not complied with these terms and conditions Brightstar and Samsung reserve the right to refuse your participation in the Program.
8. Brightstar’s liability
a) Brightstar will not be liable or responsible for any failure to perform, or delay in the performance of, any of Brightstar’s obligations under a contract that is caused by events outside Brightstar’s reasonable control or due to Brightstar’s compliance with any applicable laws or regulations.
9. Samsung’s responsibilities
a) Samsung will not be liable or responsible for any failure to perform, or delay in the performance of, any of Samsung’s obligations under a contract that is caused by events outside Samsung’s reasonable control or due to Samsung’s compliance with any applicable laws or regulations.
b) You hereby indemnify Samsung against any direct, indirect, special, incidental, consequential or punitive damages or loss of any kind regardless of how this was caused, and whether it arose under the law of contract or delict or otherwise, because of your participation in this Program
a) A listing of the Devices that are acceptable for participation in the Program can be found on the following link http://www.samsung.com/za/offer/s9-trade-in/. Only Devices listed therein shall be applicable for possible trade in should the above conditions be met. Samsung reserves its rights to amend the list of the Devices acceptable for trade in from time to time.
b) Should the trade in transaction be unable to be completed at the time of assessment being done on your Device, the trade in transaction will not be completed. Should you chose to leave your Device at the authorized Samsung Brand Store or Experience Store for any reason whatsoever, neither Samsung nor Brightstar shall be held liable for any loss or damage which may occur to the Device.
c) Samsung may in its sole discretion amend these terms and conditions at any time, without notice, and such amendments shall be deemed to have taken effect from the date of publication of the revised terms and conditions on Samsung’s website http://www.samsung.com/za/offer/s9-trade-in/. The onus rests on you to constantly check the website for updates to the terms and conditions.
d) Save as permitted by Law, Samsung reserves the right to cancel, suspend or terminate this Program, without notice at any time, and such cancellation, suspension or termination shall be deemed to have taken effect from the date of publication on Samsung’s website http://www.samsung.com/za/offer/s9-trade-in/.No liability shall lie against Samsung in favor of you and/ or a third party arising from such cancellation, suspension or termination. Therefore you waive your right which you may have against Samsung and hereby acknowledge that you will have no right of recourse or claim of any nature whatsoever against Samsung.
e) Any dispute or claim arising out of or in connection with the Program shall be governed by and construed in accordance with the laws of South Africa