These Terms of Use constitute an agreement between you, Samsung, and OSL (solely as it relates to section 11 of these Terms of Use) regarding your access and use of the Website, all content, products and services available on or through the Website and your purchase of any products or service or placement of any order through the Website. In addition, by agreeing to these Terms of Use, you are also agreeing to the collection of personal information through the Website in accordance with these Terms of Use and our Privacy Policy available at https://117.p.syniva.es/ca/info/privacy/.

The products and services advertised, listed or described on the Website are invitations to you to make offers to Samsung or OSL, as applicable, to purchase such products or services, and are not offers to sell products or services to you. You are deemed to make an offer to Samsung or OSL, as applicable, to purchase the products or services referenced in your order upon submitting an order to us via the online checkout process.

By using the Website, and each time you use the Website, you are accepting and agreeing to be bound by these Terms of Use on your own behalf or, as applicable, on behalf of the party or parties on whose behalf you are using the Website. If you do not agree with these terms, then you may not use or visit the Website.

We may, in our sole discretion, revise these Terms of Use at any time without advance notice to you by posting the revised Terms of Use on the Website. It is your responsibility to regularly review these Terms of Use. If you use the Website after we make any changes, you will be accepting the changes and agreeing to be bound by the revised Terms of Use.

If you place an order on our Website, you will be bound by the Terms of Use posted on the Website at the time you place such order. Your order will be deemed to have been placed at the time you complete our online checkout process.

You may use the Website only if you are a resident of Canada, have reached the age of majority where you live and have legal capacity to enter into a legal agreement. Your use of the Website must comply with all applicable laws, and it is your responsibility to determine whether your use of the Website is legal.

By using and/or placing orders on the Website, you represent and warrant that:

• All information you provide through the Website is true, accurate and complete;
• You accept full responsibility for all charges, duties, fees, taxes and other financial liability resulting from your use of the Website or your user account; and
• You consent to the collection, use and disclosure of the personal information that you provide through the Website on the terms set out in our Privacy Policy and these Terms of Use.
• By using the Website and/or placing an order on the Website you agree and confirm that the products will be used for personal, non-commercial use only and not for resale.

To access some features of the Website, you may need to register for a user account. You are solely responsible for the activity that occurs in your user account, and it is your responsibility to keep your account password secure.

You agree to immediately notify Samsung of any breach of security or any unauthorized use of your user account. We will not be liable for any losses arising from any unauthorized access to or use of your account caused by you.

We do not guarantee that products as shown on the Platform will be available for purchase,  immediately available for delivery, or available for pickup at either a specific Samsung Experience Store (“SES”) location or a Samsung retail partner that participates in our Buy Online Pick Up In Store (“BOPIS”) program  (each, a BOPIS Partner”). Orders will be placed based on current inventory only, whether on hand or in transit. In the event that the products that are purchased are not based on current inventory, delivery may be delayed and you will be notified of any such delay on the Platform at the time of purchase.

Samsung does not make any claim that products that are found on the Website are available in other locations, including retailers, direct carrier stores, and other agent locations, whether in Canada or outside of Canada. Further, neither Samsung nor OSL make any claim that the products available in other locations, including retailers, direct carrier stores, and other agent locations, whether in Canada or outside of Canada, are or will be available on the Website.

In the event that a product is not available at the shipping warehouse closest to your area, cross shipping of such product from another warehouse is not permitted.

Please note: If you choose to make your purchase through BOPIS, then the applicable SES or BOPIS Partner location with available inventory for the products you have selected will be displayed on the Platform. In the event that only part of your order is available at a particular SES or BOPIS Partner location, you may select to pick up from that location only, but you will need to either remove the unavailable items from your cart, or select an alternate SES or BOPIS Partner location where all the items in your order are available.

All payments are subject to approval by appropriate financial institutions. Neither Samsung nor OSL are liable in any way if the appropriate financial institution refuses to accept or honor a method of payment for any reason. The method of payment will be processed upon order placement and acceptance.

You agree to pay for the product purchase price, and all charges not included in the purchase price, which may include taxes, shipping, handling and delivery fees, and environmental handling fees, if and when applicable.

a) Online Purchases.
Title to any product purchased by you will pass to you once the product is delivered to the delivery address specified in your order. In the event that the delivery address is a building that requires all deliveries to be received in a common area (such as a concierge or security desk), title of the product will pass once the product is delivered to such common area. Except as otherwise provided in these Terms of Use, you accept all risk of loss, theft or damage to the products you purchase once they have been delivered to the delivery address specified in your order. In the event that you designate another person to accept the product on your behalf, you will be deemed to have received the product upon that acceptance.

If you refuse or fail to accept delivery of any products you order, with the exception of refusals related to visible delivery damages or due to any of the reasons stated in the Cancellation and Return Policy set out below, any risk of loss, theft or damage will pass to you, and not limiting any other rights or remedies Samsung has, Samsung:

1. Will remain entitled to payment in full for the products shipped to your delivery address, including any delivery fees incurred; and
2. May effect any required additional delivery by whatever means it considers appropriate, and you will be liable for all additional costs incurred as a result of such refusal or failure to accept delivery.

b) Buy Online, Pick-up in Store Purchases.
Title to any product purchased by you will pass to you once the product is picked up by you from the Samsung Experience Store location you have selected. Except as otherwise provided in these Terms of Use, you accept all risk of loss, theft or damage to the products you purchase once they have been picked up by you.

a. General Delivery/Shipping Terms

Samsung will deliver products to valid shipping addresses located within Canada only. Samsung does not deliver to P.O. Boxes nor to all areas of Canada.

Delivery will be effected by Scheduled Carrier Delivery (large) or parcel delivery, depending on the type of product purchased as indicated at checkout.

Delivery fees may apply to your purchase. Your delivery fee will be calculated at checkout.

If you do not receive your order within the estimated delivery time specified in your shipping confirmation email, please contact https://117.p.syniva.es/ca/support/ (select Online Shopping), call 1-855-254-4747 or email at [email protected]. While Samsung will make a reasonable effort to deliver your products within the estimated delivery time specified in your shipping confirmation email, Samsung does not guarantee delivery by that time.

You must provide a proper shipping address as entered in your order. Failure to provide proper shipping information could result in additional shipping charges for resending the products.

In the event of re-shipping due to inaccurate shipping information provided to Samsung, or if a product was returned to Samsung because it was refused, you will be held liable for all additional shipping charges and any other applicable charges as set out in these Terms of Use. Delivery charges are not refundable unless your order is cancelled in accordance with these Terms of Use.

b. Parcel Delivery

All products that are not delivered by Scheduled Carrier Delivery company, as determined by Samsung, will be delivered to you by parcel delivery free of charge, provided that your total order amount (before taxes) is at least $50. If your parcel delivery order total is less than $50 before taxes, a $4.95 delivery fee will apply.

The exact date and time of delivery cannot be guaranteed. Tracking information may be available once shipment starts. Please note that a signature may be required upon receipt of your order.

 If you have any questions regarding your Parcel Delivery, please click here to track your order, or contact our Online Shopping team at https://117.p.syniva.es/ca/support/ (select Online Shopping), or call 1-855-254-4747, or email [email protected].

c. Scheduled Carrier Delivery – Large Products

Scheduled Carrier Delivery is delivery by a carrier delivery company and does not include parcel delivery. Scheduled carrier delivery is subject to availability and is not available in all areas of Canada or for all products. An adult must be present to accept delivery and delivery is on a single address basis.

Major appliances and large TVs, as determined by Samsung, will be delivered to your residence by scheduled carrier delivery. The above delivery fee includes basic installation of certain appliances, subject to these Terms of Use. Additional services such as haul-away and move within premises of old appliances, pedestal installation, stacking and door reversal are not included in the delivery fee, but may be purchased separately at an additional cost.

 

Basic Delivery:

The services included in your scheduled carrier delivery fee vary based on the product purchased, and may include the following:

i. Room of choice delivery for all products; and 

ii. Unboxing

• Placing and leveling of Washer/Dryer (electric)**
• Placing and leveling of your product where requested;
• Connecting the dryer to the new metal dryer venting kit (sold separately)***;
• Connecting to existing hot and cold waterlines and drain (new installation kit required, sold separately);
• Removal of shipping bolts.

** A working water shut-off valve must be located within four (4) feet of the washer, on the same floor. The shut-off valve must be corrosion free and require no plumbing alterations.

*** A metal dryer venting kit for the dryer must be purchased and installed prior to the arrival of the delivery agent

Note that Samsung does not provide any installation services for the following products:

• Products that require a gas connection;
• Dishwashers;
• Ranges;
• Over the Range Microwaves

Additional Delivery Services:

The following services may be purchased for an additional fee that will be calculated at time of checkout:

A. Installation for Bespoke Refrigerator Panels : 

- Bespoke Refrigerator Panel installation, and Bespoke Pairing Kit installation for 1 door columns

B. Haul Away:

- Removing your current appliance from your home and disposing of it

C. Pedestal Installation:

- Placing the washer or dryer pedestal in the location of your choosing, and placing the new appliance on top of the pedestal

D. Stacking – Washer and Dryer:

- Placing a stackable dryer on top of a stackable washer using the stackable kit (sold separately)

When you place an order online and select BOPIS, your order payment will be processed by Samsung, and your order will be fulfilled by one of the SES or BOPIS Partner locations. BOPIS orders are subject to availability and certain promotion and product exclusions. Samsung, SES and each of its BOPIS Partners, as applicable, reserve the right to cancel your BOPIS order at any time prior to order pickup for any valid reason as determined by Samsung, SES and its BOPIS Partners, which may include reasons such as inventory availability, product exclusions, promotion exclusions, etc.

During the checkout process on the Platform, you must select a store location from the list of SES or BOPIS Partner locations available that you wish to pick up your purchase from at the time of check-out, and all items in your order must be available at the same pickup location. Once you have placed your BOPIS order online, we will send you a BOPIS order acknowledgment email indicating that we have received your order. You will receive a separate email to let you know once your BOPIS order has been confirmed. Once your order is ready for pickup at the selected location, you will receive an email letting you know that you can pick up your order at that location and providing you with further instructions.

Subject to availability and certain exclusions, same-day pickup may be available for a BOPIS order. For same-day pickup, your online order must be completed a minimum of two (2) hours prior to store closing. You are responsible for checking the store hours of the pickup location that you have selected prior to placing your order. You are still required to wait for an email letting you know you can pick up your BOPIS order prior to proceeding to the store.

Once you have been notified that your order is ready for pickup, you will have three (3) days to pick up the product(s) that you have purchased. If the product that you have purchased has not been picked up by the end of the three (3) day period, your BOPIS order will be cancelled and you will receive a full refund. The refund will be automatically be issued, to the original method of payment, by Samsung within five (5) business days of the cancellation.

Please Note: To pick up your BOPIS order, you must provide the following three items for confirm your identity:

(i)              a valid government-issued photo ID that matches the name on the payment method you have provided at time of purchase;

(ii)            the “Ready for Pickup” email that was sent to you; and

(iii)          the payment card that was used for your BOPIS purchase (if applicable).

Any order for products that have been purchased as part of a pre-order offer will not be considered a BOPIS order such that the BOPIS provisions of these Terms of Use will not apply.

If you choose to return the product after pick up, please refer to the Cancellation and Return Policy section of these Terms of Use.

a. Cancellation

·        Order cancellation for products to be delivered by a Scheduled Carrier Delivery:

You can cancel an order as long as we have not started the shipping or delivery process. We will refund your product purchase price as well as delivery, shipping, and service fees.

If you cancel an order after your order has left the warehouse and before the product has been opened, a restocking fee equal to 10% of the purchase price of the product(s), plus applicable tax will apply, and delivery fees if charged, will be nonrefundable.

To cancel a Parcel Delivery order, please click here to cancel your order, or contact our Online Shopping team at https://117.p.syniva.es/ca/support/ (select Online Shopping), or call 1-855-254-4747, or email [email protected].

Please note that if your product has been delivered and opened, whether or not it is eligible for return will be determined by section 9(b) (Product Returns) of these Terms of Use.  

·        Order cancellation for products to be delivered by Parcel Delivery:

There is no guarantee that we will be able to cancel an order that is within our warehouse and prepared for shipping, therefore we recommend that, if the order does ship, to refuse it at the time of delivery, do not open the shipped package, and it will be returned to Samsung. Except for the purchase of a carrier activated cellular device(s), a restocking fee equal to 10% of the purchase price of the product(s), plus applicable tax will apply to Parcel Delivery orders that have left our warehouse, and delivery fees if charged, will be nonrefundable.

To cancel a Parcel Delivery order, please click here to cancel your order, or contact our Online Shopping team at https://117.p.syniva.es/ca/support/ (select Online Shopping), or call 1-855-254-4747, or email [email protected].

Please note that if your product has been delivered and opened, whether or not it is eligible for return will be determined by section 9(b) (Product Returns) of these Terms of Use. 

·        Order cancellation for products bought online to be picked up at a SES or a BOPIS Partner location:

You may cancel your BOPIS order at any time prior to the product being picked up and will receive a full refund. You will have three (3) calendar days from the date of the email notifying you that your item is ready for pickup at the SES or a BOPIS Partner location you selected to pick up your order. If you fail to pick up your order within that three (3) days’ period, your BOPIS order will be canceled and your payment will be refunded in accordance with Section 8 of these Terms of Use.

b. Product Returns

·        Products Ineligible for Return: Open Box  Items and Nonrefundable Fees

Except in connection with a valid warranty claim, the following items are ineligible for returns, exchanges or refunds if the original packaging seal or sticker has been broken (“Open Box Products”):

·       Digital appliances (i.e., all refrigerators, dishwashers, laundry appliances, cooking appliances, vacuums, and related accessories)

·       Home entertainment products (i.e., all TVs, soundbars, projectors and related accessories)

·       Monitors and related accessories

·       Non-connected devices (i.e., devices that are not carrier activated cellular devices), such as Wi-Fi tablets, Wi-Fi watches, PCs/laptops, and all related accessories, including but not limited to all screen protectors

·       Power supply, earbuds, smart tags, memory & storage products

For all Open Box Products, service, delivery and installation fees are nonrefundable.

Please Note: Once you have received your product, You have 48 hours to report concealed or carrier damage. See section 9(c) (Dead-on-Arrival, Damaged-on-Arrival or Defective Products) of these Terms of Use, below.

Samsung, as well as SES and BOPIS Partner locations will refuse the return of any product that has been abused or used for non-intended purposes, or that is not covered by, or has damage that is specifically excluded by, the manufacturer’s limited warranty applicable to your product.

Unless your product is ineligible for return (see Products Ineligible for Return: Open Box and Nonrefundable Fees above), returns are allowed within fifteen (15) days of your receipt of the product. In addition to rights you may have under applicable laws, you may return any such product within applicable return period if:

·        The product or any Promotional Product (as defined herein) is accompanied by all original packaging, manuals, accessories, free items and other components or parts that accompanied such product or Promotional Product, as the case may be, when it was delivered; and

·        The product or any Promotional Product, and any packaging, manuals, accessories, free items and other components or parts accompanying that Product or Promotional Product, as the case may be, must be in their original, undamaged condition.

·        Promotional Products: If a purchased product that is eligible for return was accompanied by a gift-with-purchase (GWP), bonus or free item, product-with-purchase (PWP) or promotional bundled product (in each case, a “Promotional Product”) and the original purchased product is returned or replaced, the customer must also return the Promotional Product(s).

·        Except for the purchase of a carrier activated cellular device(s), all product(s) that are eligible for return will be subject to a restocking fee equal to 10% of the purchase price of the product(s), plus applicable tax, and delivery fees if charged will be nonrefundable.

o   If a GWP purchase is returned and the Promotional Product is not returned, Samsung may, in its sole discretion: i) reject the return; ii) accept the return and charge your original payment method for the price of the Promotional Product; or iii) reduce the amount of the refund credit by the amount of the price of the Promotional Product not returned.

o   If part of a PWP or promotional bundled purchase is returned and a Promotional Product is not returned, Samsung may, in its sole discretion: i) charge your original payment method for the difference in the price paid for the PWP and the regular price of the PWP or promotional bundled products retained by the customer; or ii) the amount to be credited back to your original payment method will be reduced by the difference price paid for the PWP and the regular price of the PWP or promotional bundled products retained by the customer.

Subject to applicable laws, return requests made after the (15) day returns period will not be accepted. This provision applies notwithstanding any other term or condition of these Terms of Use. 

·        Scheduled Carrier Delivery Returns:

For large appliances or home electronics, delivery and any fees for additional services are non-refundable.

o   Products that are delivered by Scheduled Carrier Delivery and eligible for return will be subject to a restocking fee equal to 10% of the purchase price of the product(s), plus applicable tax, and delivery fees if charged will be nonrefundable.

o   For products found DOA, defective or damaged, Samsung will waive the restocking fee.

To request a return for a Scheduled Carrier Delivery order, please click here (add hyperlink) to contact our Online Shopping team at https://117.p.syniva.es/ca/support/ (select Online Shopping), or call 1-855-254-4747, or email [email protected].

• Parcel Delivery Returns:

Except for carrier activated cellular device(s), if a product is delivered via Parcel Delivery, the delivery fee is non-refundable.

o   Except for the purchase of a carrier activated cellular device(s), products that are delivered by Parcel Delivery and eligible for return will be subject to a restocking fee equal to 10% of the purchase price of the product(s), plus applicable tax, and delivery fees if charged will be nonrefundable.

o   For products found DOA or defective, Samsung will waive the restocking fee.

For products that are delivered by Parcel Delivery and eligible for return, you may return such products in-store at any SES location in Canada, or by mail. For in-store returns, please visit your nearest SES location. You must provide valid photo identification and your original receipt to return your product.

To request a return via mail:

- All eligible Parcel Delivery returns must have a Return Merchandise Authorization (RMA) number marked clearly on the return shipping label.

- To obtain an RMA number, please contact Samsung through the Online Shopping web chat at https://117.p.syniva.es/ca/support/ (select Online Shopping), or call 1-855-254-4747, or through email to [email protected].

- If you return a product without a valid RMA number and/or pre-printed waybill, Samsung will not issue a credit or refund for the returned product, which will be shipped back to you at your cost, or disposed of at Samsung’s discretion thirty (30) days following notification to you that the return does not comply with these Terms of Use.

Samsung does not guarantee the compatibility of any product, and it is your sole responsibility to ensure the compatibility of any products prior to purchase. If you have any questions or concerns about the operation of your product, please contact Samsung Customer Service at 1-800-SAMSUNG and select the ‘Support’ option.

• BOPIS Order Product Returns: 

o   Except as otherwise stated, all BOPIS order products that are eligible for return must be physically returned to the exact same SES or BOPIS Partner location that they were picked up from and cannot be returned in any other way.  In order to process a return, you must ensure that you have with you the original invoice or receipt, which was emailed to you or given to you in the location where the order was originally picked up from.

Upon the return of a BOPIS order product, an associate at an SES or BOPIS Partner location will inspect the returned item(s) as well as the order invoice or receipt in order to ensure that the product is acceptable for a return. If the return is accepted, a refund will be automatically be issued, to the original method of payment, by Samsung within five (5) business days.

c. Dead-on-Arrival, Damaged-on-Arrival or Defective Products

With the exception of a BOPIS order product, if your product appears to be damaged-on- arrival or dead-on-arrival (collectively, “DOA”), or otherwise defective upon delivery:

• You must contact Samsung to report such damage, DOA or defect within forty-eight (48) hours after delivery, by contacting the Online Shopping web chat at https://117.p.syniva.es/ca/support/ (select Online Shopping), by phone at 1-855-254-4747, or through email to [email protected].
• Upon returning your product to Samsung in accordance with these Terms of Use, a diagnostics test will be performed to validate whether or not the product is defective.
• If the product is found not to be defective (based on the reason you provided with the return request), your product will be returned to you and no credit or refund will be issued.
• If the product is found to be defective or DOA within forty-eight (48) hours after delivery (based on the reason you provided with the return request), we will replace or refund the product (in our sole discretion).
• Following the inspection and determination that your product is defective, a replacement product will be sent to you free of charge.
• After the first forty-eight (48) hours after delivery, your product will be repaired, replaced, or refunded, in Samsung’s sole discretion, according to the manufacturer’s limited warranty. Please note: if you receive a replacement product, it is not eligible for return as set out in section 9(b), above, but will be handled in accordance with this section 9(c).
• If applicable, your refund will be processed to your original payment method as soon as possible (including any taxes paid) and in any event not later than the time period required under applicable law.
• If your product was shipped by Scheduled Carrier Delivery, you may choose to replace your defective product with a new Samsung product of the same model (subject to product availability) instead of receiving a refund. The delivery fee of the replacement product will not be charged to you.
  
  
• Return of DOA or Defective BOPIS order products:

If your BOPIS order product is DOA or otherwise defective upon pickup:

•  
  • You must inform a store associate at the SES or BOPIS Partner location where you picked up the order to report such DOA or defect within forty-eight (48) hours after pickup. You may find the contact information of SES locations here: https://117.p.syniva.es/ca/ses/.  
  • Upon returning your product to the applicable SES or BOPIS location, in accordance with these Terms of Use, a diagnostics test will be performed to validate whether or not the product is defective.
  • If the product is found not to be defective (based on the reason you provided with the return request), your product will be returned to you and no credit or refund will be issued.
  • If the product is found to be defective or DOA within forty-eight (48) hours after pickup: the SES or BOPIS Partner location associate will process a return for the product and issue a refund.
  • After the first forty-eight (48) hours after pickup, your defective or DOA product will be repaired or refunded, in Samsung’s sole discretion, according to the manufacturer’s limited warranty. Please note: if you receive a replacement product, it is not eligible for return as set out in section 9(b) (Product Returns), above, but will be handled in accordance with this section 9(c) (Dead-on-Arrival, Damaged-on-Arrival or Defective Products). 
  • Promotional Products: If a purchased product was accompanied by a Promotional Product and the original purchased product was returned due to a DOA condition or defect, you must also return the Promotional Product(s).
  • If applicable, your refund will be processed to your original payment method by Samsung within five (5) business days of returning the product(s) to the applicable SES or BOPIS Partner location.

d. Damage to Packaging and/or External Carton

If the product packaging has damage but the product itself is functional, we will not replace the product, unless it is found by us to have a defect.

Parcel and Scheduled Carrier Delivery:

For Online Delivery orders: 

Upon receipt of your product, please ensure you inspect its condition and the external carton carefully. If, at the time of delivery, the external carton of the product shows any sign of damage (including but not limited to scratches, tears, punctures and stains), tampering (including but not limited to open product, broken seal, and re-taped) or abuse, please ensure that you:

i. indicate that the external carton is damaged on the driver's route sheet, bill of lading, or waybill; and

ii. refuse the shipment.

Please note that, if you refuse delivery of a product whose external carton is damaged in accordance with (i) and (ii) above, we will refund your product purchase price as well as delivery, shipping, and service fees.

If, at the time of delivery, you are aware that the external carton is damaged, but you choose to accept delivery, please follow these steps:

i. Indicate “DAMAGED UPON DELIVERY" on the driver’s route sheet, bill of lading or waybill when signing for acceptance of delivery.

ii. Report your findings within forty-eight (48) hours through the online shopping web chat at https://117.p.syniva.es/ca/support/ (select Online Shopping), by phone at 1-855-254-4747, or through email to [email protected]. Samsung, or a third party service provider, will make arrangements to investigate the product.

iii The external carton must be retained and not have been moved from the original “ship to” location.

Please note that, except for the purchase of a carrier activated cellular device(s), if you accept delivery of a product whose external carton is damaged, it will be treated as an Open Box Product, in accordance with section 9(b) (Product Returns) above, unless it is determined by Samsung to be DOA or defective in accordance with section 9(c) (Dead-on-Arrival, Damaged-on-Arrival or Defective Products) of these Terms of Use.

For BOPIS product orders:

Upon receipt of your product, please ensure you inspect its condition and the packaging/external carton carefully prior to leaving the store. If the packaging or external carton of the product shows any sign of damage (including but not limited to scratches, tears, punctures and stains), tampering (including but not limited to open product, broken seal, and re-taped) or abuse, please ensure that you:

i. notify notify a store associate immediately; and

ii. refuse refuse the order/product with the damaged packaging and/or external carton.

NEITHER SAMSUNG NOR SES OR BOPIS PARTNERS SHALL IN ANY WAY BE RESPONSIBLE IF ANY PRODUCT OR EXTERNAL CARTON OF THE PRODUCT DISPLAYS DAMAGE, TAMPERING OR ABUSE WHICH IS NOT NOTED AT THE TIME OF DELIVERY OR STORE PICKUP.

• Missing Products or Components for BOPIS product orders:

If you find that any product, or a component of the product, is missing, or is incorrect (i.e., you have received the incorrect model, colour or product), or that you have been provided the incorrect quantity of product(s): 

• You must inform a store associate at the SES or BOPIS Partner location where you picked up the order to report the missing/incorrect items within forty-eight (48) hours after pickup. You may find the contact information of SES locations here: https://117.p.syniva.es/ca/ses/
• o   If the issue has been confirmed and accepted by the SES or a BOPIS Partner location, the store may, in its sole discretion: (i) replace the missing/incorrect component or product, or (ii) request a return of the product(s) and issue a refund.
• o   Promotional Products: If a purchased product that is eligible for a return in accordance with these Terms of Use was accompanied by a Promotional Product and the original purchased product was returned due to missing products or components, the customer must also return the Promotional Product(s).

SAMSUNG, SES AND BOPIS PARTNERS SHALL NOT IN ANY WAY BE RESPONSIBLE IF A PRODUCT OR COMPONENT(S) ARE MISSING/INCORRECT AND ARE NOT REPORTED WITHIN 48 HOURS OF DELIVERY OR PICKUP, AND/OR IF THE EXTERNAL CARTON HAS NOT BEEN RETAINED.

Subject to availability and certain exclusions, you may reserve a product through the Website to purchase and pick it up at a Samsung Experience Store in Canada. Once you have selected to reserve a product, we will send you an email confirming, that we have received your reservation request. We will send you a second email confirming whether the product is available at the selected Samsung Experience Store.

If the product is available, you will have until the end of next business day to purchase and pick up the product at the selected Samsung Experience Store. If the product is not purchased and picked up within the above timeframe, the selected Samsung Experience Store will no longer continue to reserve the product.

If the product that you are requesting to reserve, is on promotion with a specified end date, the reserved product must be picked up and purchased prior to the end of that promotion.

The Reserve In-Store option does not apply to pre-order offers and is subject to the availability of products. If you choose to return the product after purchase, the product must be returned to the selected Samsung Experience Store, in accordance with the Samsung Experience Store return policy.

When you place an order online and select Buy Online Pick-Up In-Store, your order payment will be processed by OSL.

Subject to availability and certain exclusions, you may purchase a product through the Website and pick it up at a Samsung Experience Store in Canada. You must select the Samsung Experience Store you wish to pick up from at time of check-out. Once you have placed your order online, we will send you an order acknowledgment email indicating that we have received your order. You will receive a separate email to let you know once your order has been confirmed. Once your order is ready for pick up at the selected Samsung Experience Store, you will receive an email letting you know you can pick up your order and providing further instructions.

Subject to availability and certain exclusions, Same-day pick up is available through Buy Online Pick-Up In-Store. For Same-day pick up, your online order must be completed a minimum of 2 hours prior to store closing. You are responsible for checking the store hours of the Samsung Experience Store you have selected prior to placing your order. You are still required to wait for an email letting you know you can pick up your order prior to proceeding to the store.

Once you have been notified that your order is ready for pick up, you will have 14 days to pick up the product. If the product is not picked up within the above timeframe, the order will be cancelled and you will receive a full refund.

Please Note: To pick up your order, you must provide a valid government-issued photo ID that matches the name on the payment method you have provided at time of purchase.

The Buy Online Pick Up In-Store option does not apply to pre-order offers and is subject to the availability of products. If you choose to return the product after pick-up, please refer to Section 8 of these Terms of Use.

As between you and Samsung, Samsung owns or licenses all intellectual property rights in and to the Website and its content, including without limitation copyright and trademark rights, information, scripts, icons, presentation, arrangements, video and audio, graphic and graphical elements on the Website (the “Content”). Your use of the Website does not entitle you to any ownership or other rights or interests in or to the Website or the Content. The Website and the Content are protected by Canadian and international copyright, trademark and other laws.

You agree not to link, make reference to, use, reproduce, republish or re-disseminate any Content including any of our icons, logos or trademarks without our prior written consent.

Nothing appearing on the Website or in these Terms of Use grants to you the right to use the names, designs, trademarks or logos appearing on the Website (the “Marks”). The Marks are the registered or unregistered trademarks, service marks, tradenames and logos owned or licensed by Samsung. All use, duplication, publication, modification or dissemination of the Marks by you is prohibited.

The Website may provide links and references to other websites that are owned and operated by third parties. We do not sponsor or endorse any information, products, goods or services contained in or offered through any of the linked websites. These third party sites are not maintained, operated or controlled by Samsung, and we provide no representation or warranty regarding these linked websites. You assume sole liability for the access or use of such third party sites and content.

We strive to ensure current and accurate information on our Platform. However, due to changing market conditions and competition, misprints, omissions or other errors may sometimes occur, including, but not limited to, incorrect prices, incorrect promotional periods, and/or specifications for products. Samsung does not guarantee that products and services advertised on the Platform will be available when viewed or upon subsequent visit to a retail location or thereafter.

We endeavor to provide our customers with an agreeable solution to their shopping needs. However, Samsung and OSL do not warrant that the content of the Website including, without limitation to, product descriptions, pricing or photographs, is accurate or complete.

Samsung and/ or OSL, as applicable, at all times reserves the right at any time without prior notice or liability to you or any other person, to:

• Revoke any stated offer on our Website, and to correct any omission, error or inaccuracy, including after an online order has been submitted, whether or not the online order has been confirmed or your payment has been processed, as permitted by applicable law.
• Change at any time the products and services advertised or made available for sale on the Website, the prices, fees, charges and specifications of such products and services, any promotional offers and any other Website content without any notice or liability to you or any other person;
• Limit quantities available for sale or sold; and
• Reject, correct, cancel or terminate any order, including accepted orders, for any reason, including but not limited to:

If the product or service is not available;

• If confirmation of your payment from the relevant payment processing company is not received;
• If you fail to provide a valid payment method;
• If your payment was not processed based on the information provided by you at the time of ordering;

If there has been a product or service pricing or description error, inaccuracy or omission; or

If you do not meet the eligibility criteria set out in these Terms of Use.

You understand and agree that any promotional offers, as listed on the Website and in advertising, are limited time offers while supplies last, Such promotional offers may change at any time, and are subject to such additional terms and conditions as Samsung may specify from time to time. Samsung reserves the right to correct, amend or cancel any promotional offers at any time and without notice

All promotional offers will end at 11:59pm ET of the stated end date.

You acknowledge and agree that Samsung and/or parties that are entrusted by Samsung may collect and use information necessary to provide the services offered to you through the Website, and to improve or enhance our services. At all times your information will be treated in accordance with Samsung’s Privacy Policy which can be viewed at https://117.p.syniva.es/ca/info/privacy/. You are responsible for obtaining (and you represent and warrant that you have obtained), any and all consents that may be required under applicable law from all individuals whose information may be collected by Samsung and on whose behalf you are making a purchase or from all individuals whom you may be relying upon in your use of the Website.

It is your responsibility to ensure that all information that you provide to Samsung through the Website is accurate, complete and up-to-date, including information required to open a user account, payment information, contact information and all transaction information. You will be solely responsible for any and all loss, damage, cost or expense that you or any other person may incur as a result of the provision of false, incorrect, misleading or incomplete information by you.

Samsung collects, uses and discloses personal information about its customers in accordance with the terms of its Privacy Policy, which Samsung may amend or change without notice to you at any time at its discretion. By accepting these Terms of Use, and each time you use the Website, you consent to the collection, use and disclosure of your personal information on the terms set out in Samsung’s Privacy Policy.

You further acknowledge and agree with Samsung that you consent to the collection, use and disclosure of your personal information including, without limitation, your name, address, email address, phone number, credit or debit card and other financial information (“Personal Information”) that is gathered about you through the Website in connection with your purchase or placement of an order of any Samsung product (the “Purchase”) and the disclosure of your Personal Information to third parties who may further collect, use and disclose your Personal Information to enable Samsung, and any third parties and ancillary fulfillment service providers that Samsung determines are necessary for the fulfillment of the Purchase, to attend to post-purchase matters including repairs and returns. The foregoing includes, without limitation, collection for and disclosure of Personal Information to third party payment service providers (e.g. PayPal and Cybersource), and delivery services used to ship the Samsung product (collectively, the “Permitted Third Parties”) and the use of the Personal Information by the Permitted Third Parties to: (a) process the Purchase and payment of same, (b) bill and collect money owed in relation to the Purchase, (c) deliver the product to you, (d) communicate with you whether directly or indirectly regarding your Purchase and advise you of other products and services that are available or may be available in the future, (e) provide you with effective customer service, including but not limited to trouble-shooting or warranty service, and ask for feedback on same, (f) remit applicable taxes, and (g) comply with legal and regulatory requirements (collectively the “Purposes”). By submitting your Personal Information you agree that the Permitted Third Parties may rely on the consents granted herein for the Purposes. You acknowledge and agree that your Personal Information may be stored outside of Canada. By submitting your Personal Information you agree that the Permitted Third Parties may rely on the consents granted herein.

YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE AND CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATED TO ACCURACY, ACCESSIBILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE DISCLAIMED BY SAMSUNG AND OSL TO THE FULLEST EXTENT PERMITTED BY LAW.

SAMSUNG AND OSL DO NOT REPRESENT THAT THE WEBSITE OR THE CONTENT CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOLLOWING EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. SAMSUNG, OSL, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES, OR DAMAGES RESULTING FROM ANY (1) ERRORS OR OMISSIONS IN CONTENT, (2) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR YOUR ACCOUNT AND/OR ANY AND ALL PERSONAL INFORMATION AND OR FINANCIAL INFORMATION STORED THEREIN, (3) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, OR (4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE LEGAL THEORY GIVING RISE TO THE DAMAGES (INCLUDING CLAIMS FOR NEGLIGENCE OR GROSS NEGLIGENCE), AND EVEN IF SAMSUNG AND/OR OSL HAVE BEEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

We may, at our discretion, change, discontinue, modify, restrict, suspend or terminate the Website or any part of it any time without notice or liability to you or any other person. We may also, at our discretion and for any reason, terminate these Terms of Use or your permission to access and use the Website without any notice or liability to you or any other person.

If your permission to use the Website is terminated for any reason, the remaining terms of these Terms of Use shall remain in full force and effect. The termination of these Terms of Use or the revocation of your rights to use the Website, shall not affect the enforceability of any other agreement between you and Samsung.

You acknowledge and agree that products, goods and services purchased or obtained through the Website, are subject to additional terms and conditions including, but not limited to, terms and conditions respecting payment of amounts due, purchase price, fees, and taxes and you agree to abide by all such terms and conditions.

The invalidity or unenforceability of any provision of these Terms of Use shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Terms of Use shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

Any delay, omission or failure by Samsung or OSL, if applicable, to exercise their rights, powers or remedies under these Terms of Use shall not constitute a waiver by Samsung or OSL of those rights, powers or remedies.

To the fullest extent permitted by applicable law, for users outside the Province of Quebec, all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms of Use or any matter related to these Terms of Use will be governed by and construed in accordance with the domestic laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice of law or conflict of law terms or provisions that would cause the application of any other jurisdiction’s laws.

For users within the Province of Quebec, all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms of Use or any matter related to these Terms of Use will be governed by and construed in accordance with the domestic laws of the Province of Quebec and the federal laws of Canada applicable therein. The parties hereby consent to exclusive jurisdiction and venue of the courts located in Ontario in any action to enforce (or otherwise relating to) these Terms of Use or the use of the Website.

You may not assign these Terms of Use or assign any rights or delegate any obligations under these Terms of Use.

These Terms of Use do not replace and are in addition to any other agreement you may have with Samsung or OSL, if applicable. Subject to any other agreement you have entered into with us,or OSL, if applicable, these Terms of Use and any other notices or statements posted on the Website constitute the entire agreement between us concerning the use of the Website, including the Content, and supersede any and all prior or contemporaneous terms of purchase, communications and proposals, whether electronic, oral or written, between you and Samsung with respect to the Website and Content. Any attempt to modify or alter this document will be deemed null and void, unless first approved by Samsung in writing and on official company letterhead.