By placing an order on Samsung.com/business or signing up for Samsung Business Account, you agree to the
terms and conditions below (the “Terms”). The Terms will govern orders placed on this site and will
constitute an agreement between
Samsung Electronics America , Inc. as the seller and you
as the purchaser
of products and/or software sold on this site (the “Products”).
Subject to Section 13, You (i) acknowledge that the Products sold on this site are not intended for
resale, (ii)
represent that the Products purchased on this site will be used by you and your employees for your
bona fide business purposes, (iii) agree not to resell any Products purchased on this site, and (iv)
agree
to use an authentic email address registered under your name that is authorized to transact on behalf of
a registered business organization.
All prices are available for a limited time only, and cannot be combined with any other offer. These
prices are not available at retail locations or online sites other than this site. The prices and all
other terms and conditions associated with Samsung.com/business are subject to change at any time
without prior notice.
1. Order Acceptance; Cancellation
Samsung may cancel your order at any time and for any reason. Your receipt of an order confirmation
does not constitute Samsung's acceptance of the order and we are under no obligation to accept any
order you submit. If we do cancel your order, we will refund you any amounts that you have been
charged.
2. Quantity Limitations
Samsung reserves the right, in its sole discretion, to limit your orders to a maximum dollar value
or maximum quantity per Product.
3. Prices
Prices do not include shipping and handling, or sales taxes, if applicable, which will be added to
your total price. If the price of a Product is incorrect, then we reserve the right to cancel your
order and refund to you the amount that you paid.
4. Shipping
Samsung is not responsible for any errors, omissions or misdirected or lost orders, or orders which
may be delayed. Any delivery dates we provide you either on the site or in any communications
(e-mails, order confirmations, etc.) are estimates only.
The Products are intended for sale in the United States only, and accordingly, we will only ship to
addresses within the United States. You agree to comply with any U.S. or foreign laws relating to
the export, re-export, transfer or resale of the Products.
5. Risk of Loss
Title to and risk of loss or damage to any physical Products you purchase will pass to you when
Samsung
ships it from one of its warehouses. Your license to any digital Products will begin when we provide
you
with a link, license key, or activation code.
6. Returns; Damaged Products
Samsung.com will accept return requests for purchases within 15 days from the date of delivery.
Please review the additional information regarding our returns policy and exceptions to our return
policy https://www.samsung.com/us/business/shop/frequently-asked-questions/#RETURNS_AND_REFUNDS.
7. Third-Party Software or Services
Additional Terms of Service. If any Product you purchase from Samsung includes third-party
software, content, services, or Premium Care (“Third Party Software or Services”), you may be
required to register or enroll with the provider in a manner solely determined by the provider. Your
use of the Third Party Services is subject to terms and conditions (including privacy policies)
determined solely by the provider.
Disclaimers. THIRD PARTY SOFTWARE OR SERVICES ARE PROVIDED BY SAMSUNG “AS IS”, "WHERE IS" AND “AS
AVAILABLE”
AND WITHOUT WARRANTIES OF ANY KIND. SAMSUNG AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES
OR GUARANTEES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, REGARDING THE THIRD PARTY SOFTWARE
OR SERVICES, AND TO THE EXTENT PROHIBITED BY LAW, SPECIFICALLY DISCLAIMS ALL SUCH WARRANTIES,
INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE PREVIOUS DISCLAIMER, SAMSUNG AND ITS LICENSORS DO
NOT REPRESENT, WARRANT OR GUARANTEE THAT THE THIRD PARTY SOFTWARE OR SERVICES WILL (I) BE COMPATIBLE
WITH YOUR HARDWARE OR SOFTWARE, (II) OPERATE IN AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE
MANNER, (III) WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS OR ERRORS, INCLUDING BUT
NOT LIMITED TO VIRUSES, INTERFERENCES, CORRUPTION OR OTHER SECURITY INSTRUCTIONS, OR (IV) WILL BE
SECURE OR IMMUNE (INCLUDING THE CONTENT DELIVERED TO YOU OR THE INFORMATION YOU PROVIDED) FROM
HACKING OR OTHER UNAUTHORIZED ACCESS.
Limitation of Liability. TO THE EXTENT PROHIBITED BY LAW, IN NO EVENT SHALL SAMSUNG OR ITS
LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE
DAMAGES OR LOST PROFITS, EVEN IF SAMSUNG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS
LIMITATION WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION,
BREACH OF CONTRACT, NEGLIGENCE, PERSONAL INJURY, PRODUCT LIABILITY, INFRINGEMENT OR ANY OTHER
THEORY, REGARDLESS OF WHETHER OR NOT SAMSUNG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIM YOU MAY BRING AGAINST ANY OTHER PARTY TO THE
EXTENT THAT SAMSUNG WOULD BE REQUIRED TO INDEMNIFY SUCH PARTY FOR ANY CLAIM. IN NO EVENT SHALL
SAMSUNG'S AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT EXCEED THE PURCHASE PRICE OF THE
APPLICABLE PRODUCT OR THIRD PARTY SOFTWARE OR SERVICES. SAMSUNG HAS NO LIABILITY FOR ANY OF YOUR
DATA
THAT IS LOST OR CORRUPTED THROUGH USE OF THE PRODUCTS OR THIRD PARTY SOFTWARE OR SERVICES; YOU ARE
RESPONSIBLE FOR MAINTAINING BACKUPS OF YOUR DATA.
Hardware Returns. Returning any hardware Product will not automatically cancel any Third Party
Software or Services, including wireless service that you activated in connection with your
purchase. You should refer to the terms and conditions that govern any Third Party Software or
Service.
Delivery. Third Party Software or Service may be delivered to you by Samsung in the form of a
download link, license key, activation code, email, via upload directly onto your purchased Product,
or other electronic delivery method. You hereby also agree, that Samsung has permission to install
the Third Party Software using Samsung Knox, and that all such Third Party Software is provided “AS
IS”, “WHERE IS” and “AS AVAILABLE” and without warranties of any kind.
Termination. We may decide to terminate access to any Third Party Software or Services at any
time and for any reason.
8. Subscription; Recurring Payments; Knox EULAs
In some cases, you may be purchasing Products, Third Party Software or Services directly from
Samsung on a subscription basis.
These subscriptions may be annual or month-to-month. If any Product, Third Party Software or Service
was purchased from Samsung
on a subscription basis, Samsung will automatically renew your purchased license or subscription and
charge you for successive
renewal terms (plus taxes and fees, less any applicable discounts), in accordance with the terms of
the subscription for such
Product, Third Party Software or Service, using the payment information you provided for your
initial purchase, until you cancel.
You will be charged on the day of the month on which you initiated your subscription, or as
otherwise provided in the terms of
the subscription for such Product, Third Party Software or Service. For example, if you initiated
your subscription on the 6th
of the month, you will be charged on the 6th of each subsequent month. We may change the price of
the subscription as of the next
billing period if we provide you with prior notice of the change by email (you can elect to cancel
automatic renewal as described
below if you do not agree to the change).
a. Cancellation. You may cancel your
subscription at any time by visiting
https://www.samsung.com/us/web/business/my-orders/
and following the instructions to cancel. Once you cancel your subscription, you will not be
subject to
further recurring subscription fees, but will not be eligible for any refunds for the then
current
billing cycle. If you cancel, you will still be able to use your Product, Third Party Software
or Services
until the end of the then current billing period. If you purchased multiple licenses or access
rights
for a given Product, Third Party Software or Service, cancelling your subscription will cancel
all
licenses or access rights to such Product, Third Party Software or Service.
b. Knox EULA. Orders for Knox Software are subject to the applicable End User License Agreement
displayed upon start-up of the software. For your convenience, Knox EULAs are also located
here:
https://www.samsungknox.com/en/legal
9. End-Users Only
Subject to Section 13, Samsung.com is intended only for end-user customers who will use them for
personal,
household, family, or bona fide business use. If we determine that you are in the business of
reselling products,
then, in addition to any other remedies available to us, we may charge you for the full amount of
any promotional
value or rebate that was applied to the purchase or granted to you at any time after the purchase.
10. Governing Law
The formation, existence, construction, performance, validity and all aspects whatsoever of these
Terms will be governed by the law of the State of New York, without reference to its choice of laws
principles. These Terms will not be governed by the UN Convention on Contracts for the International
Sale of Goods, the application of which is expressly excluded. Notwithstanding the foregoing, we may
apply for injunctive remedies (or an equivalent type of urgent legal relief) in any court of
competent jurisdiction.
11. Severability
If any provision of these Terms is deemed to be invalid, illegal or unenforceable (in whole or in
part), then that provision will be limited or eliminated to the minimum extent necessary, and the
remaining provisions of these Terms will remain in full force and effect.
12. No Waiver
If we do not exercise or enforce any legal right or remedy which is set out in these Terms or
which we have the benefit of under any Applicable Law, this will not be construed as a formal waiver
of our rights or remedies and such rights or remedies will remain available to us.
13. Reseller Supplemental Terms
If approved by Samsung in its sole discretion, You may be offered the opportunity to accept
supplemental terms and conditions for resellers that permit resale of the Products as set forth
therein (the “Supplemental Terms”). Upon your acceptance of the Supplemental Terms, in the case
of any conflict between these Terms and the Supplemental Terms, the Supplemental Terms will
control.
14. Updates to Terms
We may make changes to the Terms from time to time, and if we do, we will notify you by revising
the date at the bottom of the Terms and, in some cases, we may provide you with additional notice.
You should look at the Terms regularly. Unless otherwise noted, the amended Terms will be effective
immediately, and your continued use of our Products or Third Party Software and Services will
confirm
your acceptance of the changes.
8/31/2023