A. TERMS & CONDITIONS OF THE TRADE IN PROGRAMME
Usage – Final Terms and Conditions that the consumer approves to consent to trade in
TRADE-IN PROGRAMME TERMS AND CONDITIONS OF SAMSUNG ELECTRONICS SOUTH AFRICA PROPRIETARY LIMITED ("SAMSUNG ELECTRONICS", "WE" OR "US")
1. TERMS AND CONDITIONS
1.1. What these terms and conditions cover. These are the terms and conditions are applicable to our trade- in programme (“Trade-In Programme”).
1.2. For the purpose of these Terms and Conditions, a device may be a mobile phone, tablet or wearable and any reference to days means calendar days.
1.3. Subject to certain terms and conditions, the Trade-In Programme is applicable when you place an order with us to trade-in your Existing Device in exchange for a reduction in the purchase price of (1) any New Device (2) or subject to certain terms and conditions, in the price of a specific designated device(s), for purchases on the South African version of the Samsung online store (“Samsung Online Store”), hosted on https://shop.samsung.com/za or any other campaign webpage created by Samsung for the Trade-In Programme or at any other Samsung authorised reseller. The reduction in the purchase price we may offer for the Existing Device will vary depending on the make and model of the Existing Device and our assessment of the physical and working condition of the Existing Device. If for any reason we suspect that any unlawful activity has taken, is taking or is about to take place, we may refuse to accept your Trade-In application.
1.4. Why you should read these terms and conditions. Please read these terms and conditions carefully if you would like to take part in the Trade-In Programme. These terms explain who we are, the terms and conditions we impose in both the Trade-In Programme and other important information.
2. THE TRADE IN PROGRAMME - OVERVIEW
2.1. How to take part in the Trade-In Programme. Prior to placing an order for a New Device you will be asked to complete the device questionnaire on the Trade-In Programme webpage which you can access on trade-in.regener8group.co.za/switchtogalaxy/
2.2. If you choose to participate in the Trade-In Programme AND if we confirm that your Existing Device meets the Trade-In criteria, Regener8 Group Proprietary Limited (“Regener8”) or its agent will collect the Existing Device from you within 10 days of the date on which we send the Trade-In offer to you.
2.3. After Regener8 or its agent has collected your Existing Device from you, and Regener8 has carried out a successful inspection of the Existing Device (ensuring that it meets the Trade-In criteria, whichever is applicable), we (or someone we nominate) will become the owner of the Existing Device.
2.4. When trading-in a mobile device, you are required to handover over the mobile device. You may return the original accessories if you choose but it is not required. When trading-in a wearable device or a tablet, you MUST include all the relevant devices' original accessories. Without these accessories, your wearable device or tablet will NOT BE ELIGIBLE for Trade-In.
2.5. Further, if you choose to participate in the Trade-In Programme, we will, after determining whether you are eligible, give you the trade-in value for your Existing Device in (i) the form of a Trade-In Promotion Code and /or Voucher (the terms and conditions of which will comply with the provisions of the Consumer Protection Act No. 68 of 2008), which will be sent to you via electronic mail (email) by our trade-in partner and which can only be redeemed on the Samsung Online Store https://shop.samsung.com/za, for any item available on the Samsung Online Store; or (ii) for a Trade-In promotion a specific trade-in Promotion Code and /or Voucher will be sent to you that allows it to be used to purchase specific devices on https://shop.samsung.com/za or any other campaign website possibly set up. The terms of use and conditions of the redemption conditions are outlined in section 3. Please be aware that expiry date of the trade-in redemption or trade-in promotion codes is 3 (three) years, in accordance to 3.1.1.9.
2.6. In the event where you have purchased a valid Samsung device(s) prior to having completed the Trade-In, we can elect to give you the Trade-In value as a cash payment into your bank account, You will be required to provide the IMEI of the device(s) purchased and we will validate it against our data base, when you trade-in on trade-in.regener8group.co.za/switchtogalaxy/. We will only be able to make a cash payment to you if you are the customer AND the bank account you have given to us to make the payment is in your name (i.e. we will not pay the Trade-In value to somebody else) AND your bank account is with a registered South African bank.
2.7. Please ensure that before Regener8 or its agent collects the Existing Device from you, you have (i) backed up/saved all the photos, contacts, files and other information that you have stored on the Existing Device, (ii) performed a “factory reset” on the Existing Device, (iii) removed the Existing Device from your Google or iCloud account, (iv) removed the sim card/s and memory card/s, and (v) where the Existing Device is a mobile device, placed the Existing Device, in a suitable packaging, such as a padded envelope, for collection. Where the Existing Device is a wearable device or a tablet, placed the Existing Device together with all original accessories which were included in the box (e.g. charging cables) in a suitable packaging, such as a padded envelope, for collection. Please be aware that (a) the original accessories MUST be included with the trade-in tablet or wearable device. If you do not include the accessories, it will not be accepted for trade-in, (b) if you are not available at the time scheduled with Regener8 or its agent for the collection of the Existing Device, you will have to pay for a courier to collect the Existing Device from you for delivery to Regener8, and (c) we (or our nominee) will securely and permanently wipe all photos, contacts, files and any other information stored on the Existing Device from the Existing Device after 10 days has passed, i.e. day 1 of the 10 day period is the day on which the Existing Device is collected from you by Regener8.
2.8. Regener8 Group (“Regener8”) has been nominated by Samsung to run the Trade-In Programme. Please note that you may be required to download an Application that enables us to confirm whether your Existing Device meets our Trade-In Programme criteria (whichever is applicable), which criteria may change from time to time. The Trade-In Programme criteria can be found trade-in.regener8group.co.za/switchtogalaxy/. Please also monitor the email address you have given to us for notifications from us.
2.9. Other than as specified in these terms and conditions, our standard Terms and Conditions of Sale will govern your purchase of the New Device or the Promoted Device (as the case may be) and any other products purchased on the Samsung Online Store.
2.10. If you qualify to participate in the Trade-In Programme we will provide you with prepaid return packaging materials to enable you to deliver your Existing Device to the address specified by Regener8.
2.11. Remember, for Trade-Ins, Regener8 or its agent must collect the Existing Device from you at your specified address within 10 days of the date on which we sent the Trade-In offer to you. If for whatever reason you are not available when the courier arrives to collect the Existing Device, you will have to pay for a courier to collect the Existing Device from you for delivery to Regener8.
3. SAMSUNG ONLINE STORE PROMOTION CODE AND/OR VOUCHER TERMS AND CONDITIONS
3.1. Subject 2.6, in the event that you are issued with a Trade-In Promotion Code and /or Voucher (“Promotion Code and /or Voucher”) as part of a normal Trade -In, the following terms and conditions shall apply:
3.1.1. Every Promotion Code and /or Voucher:
3.1.1.1. has a unique code which has been assigned to you (the "Intended Recipient" or "You");
3.1.1.2. is for the amount specified and as agreed by Regner8 as the final Trade-In amount for your device(s), to be redeemed only on the Samsung Online Store hosted on https://www.samsung.com/za/ or any other campaign page indicated . You will NOT be able to redeem the Promotion Code and /or Voucher in any physical Samsung Store or any affiliated stores or authorized websites that sell Samsung products;
3.1.1.3. may only be redeemed by the Intended Recipient upon reasonable evidence of their identity being confirmed through the creation of a user account on the Samsung Online Store or such other valid form of identity document as may be requested by Samsung
3.1.1.4. is valid for a single purchase/checkout which may comprise single or multiple items (the "Purchase"). Any remaining value following the Purchase will fall away and will be forfeited. You will therefore be unable to redeem any value remaining on the Promotion Code and /or Voucher after your Purchase
3.1.1.5. cannot be used after expiration of the Promotion Code and /or Voucher validity period;
3.1.1.6. may be used towards purchases of more than the value of the redemption where the Intended Recipient pays the balance using one of the accepted methods of payment on the Samsung Online Store;
3.1.1.7. cannot be transferred or assigned in any manner to any person by the Intended Recipient;
3.1.1.8. is not redeemable for cash;
3.1.1.9. is valid and may only be redeemed within a period of 3 (three) years from the date of issuing of the Promotion Code and /or Voucher to the Intended Recipient (the " Promotion Code and /or Voucher Date"). Should there be any dispute, Samsung shall determine the Promotion Code and /or Voucher Date according to its records and this date will be final and binding on You. Once the 3 (three) year period has elapsed, the Promotion Code and /or Voucher will have expired automatically and the Promotion Code and /or Voucher will no longer be valid on the Samsung Online Store.
3.2. Samsung shall endeavour to replace any damaged or defective goods purchased using the Promotion Code and /or Voucher in accordance with the provisions of the Consumer Protection Act, 68 of 2008 ("CPA"). Other than in respect of damaged, defective or unsafe goods or for any other lawful reasons provided in the CPA, no refunds are permissible for any item(s) purchased with the Promotion Code and /or Voucher; provided that to the extent that a refund is permissible, You will be issued with a replacement Promotion Code and /or Voucher (with the same Promotion Code and /or Voucher Date) and a refund of any cash amount contributed by You in accordance with 3.1.1.5
3.3. By making use of the Promotion Code and /or Voucher, you acknowledge that –
3.3.1. You have read, understood and agree to the terms and conditions set out herein and the terms and conditions of the Samsung Online Store;
3.3.2. You will be required to create an account on the Samsung Online Store in order to redeem the code;
3.3.3. the Promotion Code and /or Voucher is for the exclusive use of the Intended Recipient;
3.3.4. You will not attempt to transfer or permit any other person to use the Promotion Code and /or Voucher;
3.3.5. the Promotion Code and /or Voucher may only be redeemed within the 3 (three) year period from the date of issuance of the code; and
3.3.6. You are 18 (eighteen) years or older or if you are a minor, You have obtained the express consent from your parent or legal guardian to redeem the Promotion Code and /or Voucher on the Samsung Online Store.
4. Limitation of Liability
Both Samsung Electronics and Regener8 will exercise reasonable efforts in providing the NEW devices OR THE PROMOTED DEVICES (AS APPLICABLE) and THE services as per the Trade-In PROGRAMME, but neither SAMSUNG ELECTRONICS NOR REGER8 will be liable for any losses you suffer or damages you incur if you provide us with incorrect information or if the pricing of the new device or the promoted device on the SAMSUNG ONLINE STORE is OBVIOUSLY incorrect.
You agree that neither Samsung Electronics nor Regener8 will be liable for any indirect and/or consequential damages if you chose to use the Trade-In programme.
5. Links to third party websites
5.1. The Samsung online store and the Trade-In Programme may include links and references to other 3rd party websites that are not owned, controlled or managed by Samsung Electronics.
5.2. Please read the terms on conditions of any 3rd party websites that you click on as those terms and conditions will be different from our terms and conditions.
5.3. Samsung Electronics is not responsible for the terms and conditions of any 3rd party website or the practices, policies (including privacy policies) and procedures adopted by 3rd parties and if you chose to click on any links on the Samsung online store to 3rd party websites then you do so at your own risk.
5.4. You will not have any recourse to Samsung Electronics for any loss, damage, expenses or claims you suffer as a result of choosing to click on any 3rd party links on the SAMSUNG ONLINE STORE.
6. Governing Law and Jurisdiction
6.1. These terms and conditions are governed by and interpreted in accordance with the laws of the Republic of South Africa. If you use of the Samsung online store it means that you agree to the jurisdiction of the South African courts regarding all matters arising under these terms and conditions.
6.2. In the case of a dispute, you consent to non-exclusive jurisdiction of the Magistrate's Court.
7. YOUR RIGHTS - RETURN POLICY
7.1. Please note that by entering into the Trade-In Programme you are not prevented from returning the New Device or the Promoted Device (as applicable) within 10 days of delivery of the New Device or the Promoted Device as permitted in terms of the Consumer Protection Act No. 68 of 2008
7.2. PLEASE TAKE NOTE that if you exercise your right to cancel the purchase agreement and return the New Device or the Promoted Device (whichever is applicable) to us during the abovementioned 10 day return period, or if we have agreed to refund you because the New Device or the Promoted Device (whichever is applicable) is defective, we may not be able to return your Existing Device to you and we will not be liable in any way if we are unable to do so.