Terms and Conditions
This page together with the documents referred to within it ("Terms and Conditions") tells you the Terms and Conditions on which we supply any of the products ("Products") listed on our website https://117.p.syniva.es/ie/ to you. These Terms and Conditions do not cover the sale of our Products by third parties to you.
Please read these Terms and Conditions carefully and understand them before ordering any Products from our website. You should understand that by ordering any of our Products through the Website, you accept these Terms and Conditions. If you refuse to accept these Terms and Conditions, you will not be able to order any Products from our Website. You may print a copy of these Terms and Conditions for future reference. We advise to do so at the time an order is made. We are under a legal duty to supply goods in conformity with these terms and conditions of sale.
Information about us
We operate the Website https://117.p.syniva.es/ie/. We are Samsung Electronics (UK) Limited, a company registered in England and Wales under company number 03086621 and with our registered office (and main trading address) at Samsung House, 2000 Hillswood Drive, Chertsey, Surrey KT16 0RS, United Kingdom (“Samsung”). Our VAT number is GB689376366.
Service availability
We only deliver orders to addresses located in the Republic of Ireland.
Your status
1. By placing an order through our Website, you warrant that:
(a) you are legally capable of entering into binding contracts;
(b) you are at least 18 years old;
(c) you are a private individual and purchasing products in your capacity as such; and
(d) you are not purchasing products for the purpose of resale.
2. If you do not, or Samsung suspects that you do not meet the eligibility criteria set out in this section, we may in our absolute discretion:
2.1 temporarily or permanently suspend or terminate your:
(a) access to our website; and/or
(b) your Samsung account;
2.2 refuse to accept your order; or
2.3 cancel any order for Product(s) that you may have placed.
How the contract is formed between you and us
1. Your order is an offer to us to buy the Product(s) specified in your order. The Website provides you with a description of the Products which you may purchase. You are deemed to have placed an order with us once you have completed our online checkout process. After placing an order, you will receive an e-mail from us acknowledging that we have received your order and containing an Order Reference Number and details of the Product(s) you have ordered ("Order Confirmation"). Please note that the Order Confirmation is acknowledgment that we have received your order and does not mean your order has been accepted by us. All orders are subject to our acceptance of your offer to buy the Product(s) that you have ordered. If we have accepted your offer, we will send you an e-mail confirming that the Product has been dispatched ("Dispatch Confirmation").
2. Sometimes we reject orders, for example we may refuse to accept your order:
(a) where the Product is not available;
(b) where we cannot obtain authorisation for your payment;
(c) if there has been a pricing or Product description error (see ‘Price and Payment’ below); or
(d) if you do not meet the eligibility criteria set out in ‘Your Status’ above.
When this happens, we will let you know as soon as possible and refund any sums you have paid.
3. Before you enter into a contract with us, we will provide you with the following information:
a. The total price of the Product(s), including any taxes;
b. Any unavoidable costs associated with the contract, such as delivery or postal charges;
c. Estimated delivery time; and,
d. Arrangements for payment.
4. The contract is entered into between you and Samsung Electronics (UK) Limited (the "Contract") and will only be formed upon the earlier of i) when we send you the Dispatch Confirmation or ii) delivery of the Product(s).
5. The Contract will relate only to those Products in respect of which we have confirmed dispatch in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
Links to Third Party Sites
We may also provide links on our Website to the websites of other companies, whether affiliated with us or not. We do not give any undertaking that Products you purchase from third party sellers through our Website, or from companies to whose website we have provided a link on our Website, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. If you would like information about your legal rights you should contact your local trading standards or Citizens' Information Centre. We will inform you when a third party is involved in a transaction, and we may disclose your personal information related to that transaction to the third party seller in accordance with our Privacy Policy. If we are acting on behalf of another trader in any transaction we will inform you.
14-day cooling-off period / right to return
1. You may cancel the Contract and return your products for any reason within 14 days of the day you receive the Product(s), unless otherwise stated as part of a promotion.
2. To receive a full refund for the returned Product(s) you must return the Product(s) in an as new condition with all original packaging, accessories, and any free of charge products supplied with the Product(s). If you have handled a Product more than if you were reviewing it in a retail store before purchase (e.g. you have used it more than is necessary to establish its nature, characteristics and functioning) then we may reduce the full refund amount to reflect any reduction in the value of the product caused by this. We may also reduce the refund amount to reflect the value of any accessories or free of charge products not returned. If your Product(s) arrived damaged, you must notify us in accordance with Clause 4 of the Availability, Delivery and Installation Section
3. To cancel the Contract, you may contact us via our Website, by telephoning the Customer Call Centre (details are available here: Contact us), or by printing out and sending us a completed model cancellation to [email protected]. You will then be informed of details of how to return or arrange collection of the Product(s). Please note, collection will only be available from the original delivery address and returns will only be free of charge when sent from the Republic of Ireland. You must send back the Product(s) (or, where we have offered to collect the Product(s), make the Product(s) available for collection) no later than 14 days from the day you cancel the Contract in accordance with these Terms and Conditions.
4. If you are a consumer, you have a statutory right to cancel the Contract within 14 days from delivery of the Product(s). Details of this statutory right and your right to cancel are provided in the Delivery Confirmation and in our Returns Policy. The 14-day right to return described in this section does not affect your statutory rights as a consumer.
5. If your product is defective, please see the Returns Policy section below.
Availability, delivery and installation
Availability and delivery
1. We can deliver anywhere in the Republic of Ireland.
2. We will deliver the Product(s) to the delivery address you specify in your order. We will not deliver the Products to your delivery address unless there is someone present to accept and sign for them. If you have not received the Product(s) within the estimated delivery time specified in the Dispatch Confirmation you should contact us via our website or by email ([email protected]).
3. Whilst we will always aim to deliver within the delivery slot chosen by you, delivery timescales are estimated and may be subject to change. Any delay to your delivery will be communicated to you in advance.
4. If your Product(s) arrived damaged when it was delivered, you must notify us within 72 hours of the day you receive the Product(s). Any damage not reported will be determined to have been caused by your handling of the Product(s), unless it can be proven otherwise. We may reduce the full amount of your refund to reflect the reduction in the value of the Product(s) caused by the damage.
Installation services
1. Delivery of the Product(s) does not include installation.
2. We do not offer installation services.
Risk and title
1. The Products will be your responsibility from the time of delivery.
2. Ownership of the Product(s) will only pass to you on the later of either i) delivery or ii) when we receive:
(a) full payment of all sums due in respect of the Products, including delivery charges; and
(b) if you have agreed to trade-in a device, until we receive the traded-in device you have promised to provide us.
3. By signing for your order it is an acknowledgement of acceptance of the items.
4. We reserve the right to remotely disable the Product in certain circumstances including the following:
(a) where you have reported the Product as lost or stolen;
(b) where you have claimed a chargeback for your Product due to it not being delivered, or not being delivered as described;
(c) where you have failed to provide us with a traded-in device which was promised to us as part of the purchase price through the Samsung Trade-In Programme.
Price and payment
1. The price of the Products will be as quoted on our website from time to time, except in cases of obvious error. Product prices include VAT at the prevailing rate. The price quoted on our website for Products excludes delivery charges which are quoted separately on our Website.
2. Product prices and delivery charges are subject to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
3. Our Website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our Website, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it. If the price of the Product(s) is obviously an error and could have reasonably been recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.
4. Payment can be made using all major credit and debit cards (American Express, Maestro, Mastercard, Visa Credit, and Visa Debit) and it is collected on our behalf by Adyen. Payment will be taken at the time of purchase or shortly after, unless you are pre-ordering, in which case payment will be taken within 28 days of you placing your order. Alternatively, other payment methods and credit facilities may be offered on the website for you to utilise to make your payment. These will have different terms and conditions that you will be asked to review and accept at the time you make payment.
Returns Policy
1. If you wish to return a Product to us you may contact us via email [email protected]. You will then be informed of details of how to return or arrange collection of the Product(s). Please note, collection will only be available from the original delivery address and returns will only be free of charge when sent from the Republic of Ireland.
2. If you are returning a Product to us:
(a) because you have cancelled the Contract between us within the 14-day returns period (see above), you must send back the Product (or, where we have offered to collect the Product, make the Product available for collection) no later than 14 days from the day you cancel the Contract. We will process any refund due to you as soon as possible (and in any event within 14 days) after we receive the Product back from you or you provide evidence you have returned the Product. If we have offered to collect the Product, you shall be entitled to a refund within 14 days of the date you notify us you wish to cancel the Contract with us.
(b) for any other reason (for instance, because you consider that the Product is defective), we will examine the returned Product and, if we are providing a refund, we will notify you of your refund via e-mail within a reasonable period of time from when we receive the Product from you. We will usually process the refund due to you as soon as possible and, in any case, within 14 days of the day we confirmed to you via e-mail that you were entitled to a refund.
3. Subject to the terms below, if you believe that a Product you have ordered from us is defective, you should contact us via our website or by email or by telephoning the Customer Call Centre (details are available here: Contact us). We will advise you of the appropriate steps to take. If you notify us within 30 days of delivery of the Product that the Product is defective, you will have the option to select a repair, an exchange or a refund. If a fault is found after 30 days from delivery of the Product, you should contact us by email https://117.p.syniva.es/ie/ and we will discuss with you whether we will repair or replace the Product and deliver the repaired or replacement Product to you, or provide a refund. If your Product(s) arrived damaged, you must notify us in accordance with Clause 4 of the Availability, Delivery and Installation Section.
4. If you are returning a Product because you have cancelled the Contract between us within the 14-day period (see above), to receive a full refund for the returned Product you must return the Product in as new condition with all original packaging, accessories and any free of charge products supplied with the Product. If you have handled a Product more than if you were reviewing it in a retail store before purchase (e.g. you have used it more than is necessary to establish its nature, characteristics and functioning) then we may reduce the full refund amount to reflect any reduction in the value of the product caused by this. If your Product(s) arrived damaged, you must notify us in accordance with Clause 4 of the Availability, Delivery and Installation Section. We may also reduce the refund amount to reflect the value of any accessories or free of charge products not returned.
5. We will make any refunds using the same method originally used by you to pay for your purchase.
6. We do not cover faults caused by misuse, neglect, physical damage, tampering, incorrect adjustment, normal wear and tear, or incorrect installation. Products sold on our website are intended for domestic use only and are not for commercial use or resale.
7. This Returns Policy does not affect your statutory rights.
Refurbished Products Warranty
1. In addition to your statutory rights, Samsung provides a one-year limited manufacturer warranty against defects in materials and workmanship for any certified refurbished Samsung branded product that is purchased direct from Samsung.com. Details of the manufacturer’s warranty can be found with the documentation that comes with your product and the applicable warranty terms and conditions can be reviewed from this link https://117.p.syniva.es/ie/support/warranty/
2. Registration may be required to benefit from the warranty. For the avoidance of doubt, except where explicitly stated to the contrary, Samsung do not offer an extended warranty on refurbished products.
Faulty Products
2. If your refurbished product(s) develops a fault within 30 days of receipt, please contact us of the fault immediately. We will then give you the option of a full refund, an exchange where stock of the same type and grade is available or in some cases, we can offer for an engineer to inspect and repair your refurbished product(s).
3. If your refurbished product(s) develops a fault after the 30 days of receipt but within the 12-month warranty period, we will offer a repair upon receipt of the item. You are responsible (including costs) for the transport of your item.
4. Our repair service excludes cosmetic/accidental damage and customer misuse. In the event of an item being returned to us for these reasons we will contact you and provide you an estimate for repairing. If your refurbished product(s) arrived damaged, you must notify us in accordance with Clause 4 of the Availability, Delivery and Installation Section above.
5. This Returns Policy does not affect your statutory rights.
Our liability
1. Nothing in these Terms and Conditions excludes or limits our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the obligations implied by the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013, section 12 of the Sale of Goods Act 1893 or section 12 of the Supply of Goods and Services Act 1980;
(d) our obligations in respect of defective products under the Consumer Protection Act 2007;
(e) any deliberate breaches by us of these Terms and Conditions that would entitle you to terminate the Contract; or
(f) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
2. Subject to the provisions
1(a) to 1(f) of this section above and 3(a) to 3(g) of this section below, if either of us fails to comply with these terms and conditions, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms and Conditions.
3. Subject to 1(a) to 1(f) of this section above, we will not be liable for losses that result from our failure to comply with these Terms and Conditions that fall into the following categories:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits;
(d) loss of anticipated savings;
(e) loss of data;
(f) waste of management or office time or
(g) indirect, consequential or special loss or damage.
However, this will not prevent claims for loss of or damage to your physical property that are foreseeable or any other claims for direct loss that are not excluded by categories 3(a) to 3(g) of this section above.
Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Notices
All formal notices given by you to us must be given in writing to Samsung Electronics (UK) Limited at Samsung Electronics (UK) Limited, Samsung House, 2000 Hillswood Drive, Chertsey, Surrey KT16 0RS (FAO: Executive Office). We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in ‘Written Communications’ above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
Transfer of rights and obligations
1. The Contract between you and us is binding on you and us and on our respective successors and assignees.
2. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.
3. We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
Events outside our control
1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control ("Force Majeure Event").
2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a)strikes, lock-outs or other industrial action;
(b)civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c)fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d)impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e)impossibility of the use of public or private telecommunications networks
(f)the acts, decrees, legislation, regulations or restrictions of any government; and
(g)pandemic or epidemic.
3. Our performance under the Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
Waiver
1. If we fail, at any time during the term of the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
2. A waiver by us of any default will not constitute a waiver of any subsequent default.
3. No waiver by us of any of these Terms and Conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with 'Notices' above.
Severability
If any court or competent authority decides that any of the provisions of these Terms and Conditions or any provisions of the Contract is invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
Our right to vary these terms and conditions
1. We have the right to revise and amend these Terms and Conditions from time to time by posting them on our Website.
2. You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms and Conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the Terms and Conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
Our website
1. We own or are licensed users of all intellectual property rights in our Website and all material and content on our Website. You may use this site and the materials and content on our Website for personal, non-commercial use only. All other use or reproduction of our Website or materials or content on our Website is strictly prohibited.
2. Our Website is provided on an 'as is' and 'as available' basis without any representation made and we make no warranties of any kind, whether express or implied, in relation to our Website. We make no warranty that our Website will meet your requirements or will be uninterrupted, timely or error-free or that our Website or the server that makes it available are free of viruses or bugs.
3. While we endeavour to ensure that our Website is normally available 24 hours a day, we will not be liable if for any reason our Website is unavailable at any time or for any period. Access to our website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control as set out above.
Data protection and privacy
Your data protection and privacy rights are set out in our Privacy Policy.
Applicable law
These Terms and Conditions shall be construed in accordance with the laws of Ireland and the parties irrevocably consent to bring any legal action to enforce these Terms and Conditions before a court of competent jurisdiction in Ireland.
Entire agreement
We intend to rely upon these Terms and Conditions and any document expressly referred to in them in relation to the subject matter of the Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these Terms and Conditions to be confirmed in writing.