These Terms of Use constitute an agreement between you and Samsung regarding your access and use of the Platform, all content, products and services available on or through the Platform and your purchase of any products or service or placement of any order through the Platform. In addition, by agreeing to these Terms of Use, you are also agreeing to the collection of personal information through the Platform 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 Platform are invitations to you to make offers to Samsung, 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, 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 Platform, and each time you use the Platform, 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 Platform. If you do not agree with these Terms of Use, then you may not use or visit the Platform.

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 Platform. It is your responsibility to regularly review these Terms of Use. If you use the Platform 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 Platform, you will be bound by the Terms of Use posted on the Platform 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 Platform 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 Platform must comply with all applicable laws, and it is your responsibility to determine whether your use of the Platform is legal.

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

• All information you provide through the Platform 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 Platform or your user account;
• You consent to the collection, use and disclosure of the personal information that you provide through the Platform on the terms set out in our Privacy Policy and these Terms of Use; and
• By using the Platform and/or placing an order on the Platform 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 Platform, 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 http://117.p.syniva.es/ca/ or on the Samsung Shop Application, as applicable, are available in other locations, including retailers, direct carrier stores, and other agent locations, whether in Canada or outside of Canada. Further, Samsung does not make any claim that the products available in other locations, including retailers, direct carrier stores, and other agent locations (whether they are in Canada or outside of Canada) are or will be available on the Platform.

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 SES or BOPIS Partner locations 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 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 and Delivered by Scheduled Carrier Delivery or Parcel Deliver:

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 affect 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. BOPIS Purchases:

Title to any product purchased by you will pass to you once the product is picked up by you from an SES or BOPIS Partner location that 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 affected by Scheduled Carrier Delivery 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 click here to track your order. 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 and/or delays. For residences that have an apartment/condo unit or suite, place this number in front of your street address to ensure that the carrier has the correct information.  Buzzer codes or special instructions should be placed on Address Line 2.

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.

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.

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 elected to have a default or pre-set “signature not required” signature option with the carrier delivery company, then the product(s) will be deemed to have been delivered to you when delivered to your door (as evidenced by the carrier delivery company’s proof of delivery). Samsung will not be liable for any claim that the product has been lost, misplaced or has otherwise failed to be delivered to you as you have waived the requirement for the carrier to obtain a signature.

If you have any questions regarding your parcel delivery, please click here to track your order.

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 and are subject to a delivery fee. Your delivery fee will be calculated at checkout and may vary depending on your location. The above delivery fee includes placing major appliances and large TVs in the room of your choice, subject to these Terms of Use.

The services included in your Scheduled Carrier Delivery fee vary based on the product purchased, and may include the following:

1.        Room of choice delivery for all products; and 

2.        Unboxing of major appliances only (all other products will not be unboxed and the related packaging is expected to be kept until post-return period) 

 

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

·         Products that require a gas connection;

·         Products that require a connection of water lines;

·         Mounting or set-up of TVs / large monitors 

 

Samsung is not responsible if the delivery company is unable to deliver the products on the confirmed date and at the requested time of delivery due to unforeseen circumstances or a missed appointment by the customer.

To change your requested delivery date, with our Scheduled Carrier Delivery team, please contact Samsung by email to our Home Delivery Team at [email protected]. Although Samsung will attempt to accommodate changes to requested delivery dates, Samsung does not guarantee delivery on that date or within the estimated delivery times.

Please note that you must accept delivery of the product within thirty (30) days of receiving a confirmation that the product is ready for shipment.

For Scheduled Carrier Delivery, in the event that you delay past the allowable requested delivery or pickup date, you may be charged additional storage fees.

To prepare for your delivery:

·         Measure all spaces, including hallways, stairs, doors and delivery pathways, to ensure there is at least a three (3) inch clearance on either side of the product. Remove doors, gates or railings, if necessary.

·         Ensure there is a safe and clear pathway, including on all driveways, walkways, steps and stairs.

·         Please secure any pets.

·         Disconnect and empty old appliances, or disconnect and remove old televisions from wall mounts.

·         If you have purchased an appliance, ensure you have a brand new installation kit applicable to your product (e.g., connectors, hoses, venting kit, etc.). Such items are sold separately and are not included with the purchase of your appliance.

·         Ensure that a person who has reached the age of majority in your province or territory is home to accept the delivery.

·         Reserve the service elevator, if a service elevator is required.

On delivery of your product, inspect your product to ensure you are satisfied with the condition of the product before signing to accept the delivery or pickup.  Please reach out to our Home Delivery Team at [email protected] with any questions regarding your Scheduled Carrier Delivery.

Samsung will not be held liable or responsible if the product purchased does not fit through the pathway, door, and stairwell or into the designated place for the product. Please note that the Scheduled Carrier Delivery company reserves the right to refuse delivery or to provide additional services in unsafe moving conditions or conditions that may cause damage to the products or personal property, or that may cause personal injury. In the event that the product does not fit through the pathway, door, and stairwell or into the designated place for the product, the product will be either placed in your garage or on your driveway and you will be responsible for making alternate arrangements to bring the product inside the residence.

 

Additional Scheduled Carrier 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 (suction cups for installation by purchaser are sold separately)

B. Haul Away:

- Removing your current appliances from your home and disposing of them

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)

E. Two (2) Day Shipping

If your order is eligible for two (2) day shipping and you opt for this delivery option, your order will be processed and delivered within two (2) Business Days of the date on which your order confirmation is sent. For the purposes of these Terms of Use, a “Business Day” means Monday to Friday, excluding public holidays.

Two (2) day shipping is only available for eligible Scheduled Carrier Delivery orders placed in select areas. In order to be eligible for two (2) day shipping, you must place your order before midnight on Monday to Sunday (excluding public holidays). In addition, all two (2) day shipping orders are subject to approval by Samsung, and you will not be eligible until you have received an email confirming that your order has been approved. Whether your order falls within a delivery area that is eligible for two (2) day shipping will be indicated at checkout. Two (2) day shipping is an additional cost, and the related fees will be reflect in your cart at checkout.

If only part of your order is eligible for two (2) day shipping, the ineligible portion of your order will be delivered to you via Parcel Delivery in accordance with these Terms of Use.

The fees for two (2) day shipping are not refundable unless an order is cancelled in accordance with these Terms of Use.

Unless you have selected two (2) day shipping, upon placing your order, you may request a delivery date. The delivery date and the timeframe will be confirmed within 24 hours prior to such requested delivery date. This date is not guaranteed until confirmed by the Scheduled Carrier Delivery company.

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 Parcel Delivery

You can cancel a Parcel Delivery so long as we have not started the shipping or delivery process. We will refund your product purchase price as well as any applicable fees.

There is no guarantee that we will be able to cancel an order that is within our warehouse and prepared for shipping. If the order does ship, we recommend that you refuse it at the time of delivery, and it will be returned to Samsung. Do not open the shipped package.

 

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.

 

You can cancel a Parcel Delivery order by contacting our Online Shopping Team through our online chat at Samsung Canada Online Shopping (select Online Shopping).

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

You can cancel a Scheduled Carrier Delivery so long as we have not started the shipping or delivery process. We will refund your product purchase price as well as any applicable delivery, shipping, and service fees.

There is no guarantee that we will be able to cancel an order that is within our warehouse and prepared for shipping. If the order does ship, we recommend that you refuse it at the time of delivery, and it will be returned to Samsung. Do not open the shipped package.

 

If your order is cancelled after the order has left the warehouse, it will be subject to a restocking fee equal to 10% of the purchase price of the product(s), plus applicable tax, and any applicable delivery, shipping, and service fees will be non-refundable.

 

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.

 

You can cancel a Scheduled Carrier Delivery order by contacting our Home Delivery Team by email to [email protected].

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

b. Product Returns

·        Open Box Policy: open box products ineligible for return

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”): 

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

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

o   Monitors and related accessories

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

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

·        Restocking fee for eligible returns (products that are not Open Box Products)

Subject to these Terms of Use, all products that are eligible for return and returned will be subject to a restocking fee equal to 10% of the purchase price of the product(s), plus applicable tax, and any applicable delivery, shipping, and service fees will be non-refundable. This includes all Scheduled Carrier Delivery, Parcel Delivery and BOPIS orders.

 

·        Returns of connected devices

For the purposes of these Terms of Use, a “Connected Device” is a device that can be connected to a carrier service plan (i.e., carrier-activated) such as a mobile phone, LTE watches, and LTE tablets.

Our Open Box Policy does not apply to purchases / cancellations / returns of Connected Devices, and no restocking fee will be charged for the return of a Connected Device.

·        Returns of damaged-on- arrival, dead-on-arrival or defective products

Products that are confirmed by Samsung in its sole discretion to be damaged-on- arrival or dead-on-arrival (collectively, “DOA”), or otherwise defective will not be subject to a restocking fee, and Samsung will refund any applicable delivery, shipping, and service fees.  See also section 9(c) (Dead-on-Arrival, Damaged-on-Arrival or Defective Products) below.

·        Other return conditions

Subject to these Terms of Use, returns are allowed within fifteen (15) days of your receipt of the product (the “Return Period”). In addition to rights you may have under applicable laws, you may return any such product within the Return Period subject to the following conditions:

o   The product or any Promotional Product (as defined below) must be undamaged and accompanied by all original and undamaged 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.

o   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). 

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 GWP that was not returned; or iii) reduce the amount of the refund to be credited back to your original payment method by the amount of the price of the GWP that was not returned.

o   If part of a PWP or promotional bundled purchase is returned and one or more Promotional Products are not returned, Samsung may, in its sole discretion: i) reject the return; ii) accept the return and charge your original payment method for the difference in the price paid for the Promotional Product(s) and the regular price of the Promotional Product(s) that was not returned; or iii) reduce the amount of the refund to be credited back to your original payment method by the difference between the price paid for the Promotional Product(s) and the regular price of the Promotional Product(s) that were not returned.

Subject to applicable laws, return requests made after the Return Period will not be accepted. This provision applies notwithstanding any other term or condition of these Terms of Use. 
 

·        How to make a Scheduled Carrier Delivery order return:

To request a return, please contact our team at Samsung Canada Online Shopping (select Online Shopping).

 

·        How to make a Parcel Delivery order return:  

Products must be returned by mail. To request a Parcel Delivery return via mail:

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

o   To obtain an RMA number, please contact Samsung through our Online Shopping team at Samsung Canada Online Shopping (select Online Shopping).

o   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.

·        How to make a BOPIS order return:

Except as otherwise stated, all BOPIS order products 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 that 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 automatically be issued (less any applicable restocking fee), to the original method of payment, by Samsung within five (5) business days.

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

 

·        Return of DOA or defective Scheduled Carrier Delivery or Parcel Delivery order products:

If your product appears to be DOA or otherwise defective upon delivery:

o   You must contact Samsung to report such damage, DOA or defect within forty-eight (48) hours after delivery, by contacting the Online Shopping team at Samsung Canada Online Shopping (select Online Shopping).

o   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.

o   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. 

o   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).

o   Following the inspection and determination that your product is defective, a replacement product will be sent to you free of charge.

o   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).

o   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.

o   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.

o   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:  

o   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/.  

o   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.

o   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.

o   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.

o   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). 

o   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).

o   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.

Please note that, subject to these Terms of Use, if you accept delivery of a product whose external carton is damaged, it will be treated as an Open Box Product, in accordance with the Open Box Policy under 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 Parcel Delivery and Scheduled Carrier Delivery order products:

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 our Online Shopping team at Samsung Canada Online Shopping select (Online Shopping), 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 order products:

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 a store associate immediately.

ii. 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.

e. Missing Products or Components for Scheduled Carrier Delivery and Parcel Delivery 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 there has been a short-shipment or over-shipment (i.e., incorrect quantity) of your order, you must contact and inform Samsung within forty-eight (48) hours of acceptance of delivery through our Online Shopping team chat at Samsung Canada Online Shoppin (select Online Shopping).


If the issue is reported within forty-eight (48) hours of acceptance of delivery, and if the carton is not damaged and has not been moved from its original “ship to” location, Samsung, or a third party service provider, will commence an investigation. In the event that Samsung or its agent must investigate your delivery or product, you must keep the original shipping carton, all parts, packing material, and the product. If the investigation finds that no fault has been found with the packing, shipping and/or delivery, the investigation will be closed, with no compensation or product replacement.

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/

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.

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.

g. General Return Conditions

As part of the returns process, we want to address your privacy concerns. Before you return any product, it is your responsibility to delete any confidential, proprietary, or personal information, including de-activating your Google ID and any other accounts associated with the product, and removing all data and content stored on the product, if applicable.

Please ensure you have backed up or saved your information elsewhere before wiping the device clean. Subject to applicable law, neither Samsung nor SES or BOPIS Partners will be responsible in any way for any loss, disclosure of or damage to any data or content stored on the product, and neither Samsung nor SES or BOPIS Partners will in any way be responsible for returning any data or content stored on the product back to you.
If the product is eligible for return in accordance with these Terms of Use, please wipe your product clean of your personal information, prior to returning it, by doing the following:

- Select Settings

- Select General Management

- Select Reset

- Select Factory Data Reset

- Select Reset Device (Device requires end user pattern/pin code)

- Select Erase Everything

Wireless service providers have different policies for the cancellation of their services. You are solely responsible for any service fees associated with your product. Samsung will not be responsible in any way for any amounts, fees, or charges of any kind (including termination charges) associated with your wireless service provider. It is your responsibility to contact your wireless service provider for information about its policies.

The purchase of any Samsung product is subject to additional terms and conditions found at http://117.p.syniva.es/ca/support/warranty and found within the manufacturer’s limited warranty applicable to your product.

As between you and Samsung, Samsung owns or licenses all intellectual property rights in and to the Platform and its content, including without limitation copyright and trademark rights, information, scripts, icons, presentation, arrangements, video and audio, graphic and graphical elements on the Platform (the “Content”). Your use of the Platform does not entitle you to any ownership or other rights or interests in or to the Platform or the Content. The Platform 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 Platform or in these Terms of Use grants to you the right to use the names, designs, trademarks or logos appearing on the Platform (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 Platform may provide links and references to other Platforms 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 Platforms. These third party sites are not maintained, operated or controlled by Samsung, and we provide no representation or warranty regarding these linked Platforms. 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 does not warrant that the content of the Platform including, without limitation to, product descriptions, pricing or photographs, is accurate or complete.

Samsung, 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 Platform, 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 Platform, the prices, fees, charges and specifications of such products and services, any promotional offers and any other Platform 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 Platform 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 11:59 pm 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 Platform, 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 Platform.

It is your responsibility to ensure that all information that you provide to Samsung through the Platform 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 Platform, 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 Platform 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, Cybersource and Ayden), 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 PLATFORM IS AT YOUR OWN RISK. THE PLATFORM 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 TO THE FULLEST EXTENT PERMITTED BY LAW.

SAMSUNG AND ITS BOPIS PARTNERS DO NOT REPRESENT THAT THE PLATFORM OR THE CONTENT CONTAINED ON THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS PLATFORM 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 AND ITS BOPIS PARTNERS, 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 PLATFORM, OR (4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PLATFORM 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, SES AND/OR ITS BOPIS PARTNERS HAVE BEENADVISED 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 Platform 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 Platform without any notice or liability to you or any other person.

If your permission to use the Platform 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 Platform, 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 Platform, 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, SES or BOPIS Partners, if applicable, to exercise their rights, powers or remedies under these Terms of Use shall not constitute a waiver by Samsung 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 Platform.

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, SES and its BOPIS Partners, if applicable. Subject to any other agreement you have entered into with us, SES or our BOPIS Partners, if applicable, these Terms of Use and any other notices or statements posted on the Platform constitute the entire agreement between us concerning the use of the Platform, 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 Platform 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.

 

Updated: 25-Oct-2024