PROMOTION TERMS & CONDITIONS FOR THE SAMSUNG BUY AND TRY PROMOTION
Please read these Promotion terms and conditions (“Terms and Conditions") carefully. Participation in this Promotion will constitute your agreement to comply with these Terms and Conditions. If you do not agree with these Terms and Conditions, please do not participate in this Promotion. Please refer to this website for the current Terms and Conditions for this Promotion https://www.samsung.com/za/offer/buy-and-try/.
All participants during the term of this Promotion agree to be bound by the following terms and conditions:
1. Promotion:
Samsung Buy and Try Promotion (“Promotion”.) The promoter of the Promotion is Samsung Electronics South Africa (Proprietary) Limited, Registration number: 1994/003872/07 and/or its agencies ("Organizer").
2. Promotion Period:
2.1. The Promotion will run from 1 April 2024 to 2 June 2024 (“Promotion Period”) while stock last.
2.2. The duration of the Promotion may be extended or curtailed at the discretion of the Organizer.
3.1. All participants must:
3.1.1. be citizens of the Republic of South Africa and/or a legal residents of the aforesaid country,
3.1.2 must be currently residing in the Republic of South Africa at the date of the commencement of the Promotion Period,
3.1.3 must be a natural person and be at least 18 (eighteen) years old at the date of the commencement of the Promotion Period.
3.1.4. have a valid and up to date South African TV license.
3.1.5 have made a purchase of a Qualifying Product.
4. How to qualify for the Promotion:
4.1. the participant must:
4.1.1 Be a participant in terms of clause 3 above.
4.1.2 Must purchase or have purchased one of the following Neo QLED and QLED models listed below:
i. QA98Q80CAKXXA (Samsung 98” QLED TV)
ii. QA98QN90DAKXXA (Samsung 98” Neo QLED TV)
iii. QA98QN90AAKXXA (Samsung 98” Neo QLED TV)
iv. QA75QN900CKXXA (Neo QLED 8K)
v. QA77S95CAKXXA (OLED)
vi. QA85QN900CKXXA (Neo QLED 8K)
("Qualifying Product") during the Promotion Period from the Samsung Online Store, Samsung Brandstores, and Hirsch’s stores.
4.1.3 Use the Qualifying Product for 30 days from date of delivery and if not satisfied, return the Qualifying Product for a refund, which refund is subject to the conditions in clause 6.2 and clause 6.9 or opt to keep the Qualifying Product and receive a complimentary gift (“Offer”).
5. Can I qualify more than once for the Offer:
5.1. The Promotion is limited to one entry per Qualifying Product purchased, should there be any dispute in this regard, the Organizer shall be sole adjudicator of the dispute and the Organizer’s decision shall be final.
6. Offer:
6.1. The Promotion will allow the participant to use the purchased Qualifying Product for a period of up to 30 days from date of purchase of sale of the Qualifying Product and should the participant not be satisfied with the Qualifying Product, they can return the Qualifying Product to the Organizer for a refund, which refund is subject to the conditions in clause 6.2 and clause 6.9 or should they opt to keep the Qualifying Product the participant will receive a complimentary gift (“Offer”).
6.2. The Qualifying Product must be returned to Organizer in a reasonably new condition to qualify for the refund. A Qualifying Product will in the sole and absolute discretion of the Organizer be considered reasonably new if it powers on, is not damaged, scratched, cracked nor missing components or accessories and is in full working condition Including the original packaging.
6.3. The Offer may differ from that shown on the promotional material with regard to colour and specs and same shall be subject to availability and in the Organizer’s sole discretion to select same.
6.4. If the participant decides to keep the Qualifying Product after the 30 days trial period (“trial period”) from date of purchase of the Qualifying Product, they will then qualify to redeem their complimentary gift on the Samsung website.
6.5. The complimentary gift can only be redeemed after the trial period, and upon the participant keeping the Qualifying Product.
6.6. If the participant decides to return the Qualifying Product after the trial period, they forfeit the complimentary gift.
6.7. Participants who qualify for the complimentary gift can choose any of the below when redeeming their voucher, subject to stock availability:
6.7.1 Q990C Soundbar; or
6.7.2 Freestyle Gen 2; or
6.7.3 43QN90 TV (Neo QLED 43” TV).
6.8 The above Offer and complimentary gift is available on a “while stocks last” basis and the Organizer cannot be held accountable once the stock of the Qualifying Product or promotional Offer or complimentary gift has been depleted.
6.9 If the Qualifying Product is in any way damaged and found not to be in a reasonably good condition, the Organizer will not accept the return and you forfeit the Promotion Offer.
By purchasing a Qualifying Product from the Samsung Online Store, Samsung Brandstores, and Hirsch’s stores.
6.10 By buying participating products, participants are automatically opting into the Promotion.
7. Returns Process when selecting to opt out of the Promotion and Return the Qualifying Product
7.1. The participant will contact Samsung Online Customer Care Team (“CC”) by email zastore@samsung.com or by telephone 0860 491 600 should they wish to return the Qualifying Product.
7.2. The dotcom team must confirm the participant has opted out of the Promotion.
7.3. Once the return is confirmed valid, the Logistics Service Provider will be instructed to collect the Qualifying Product. The returns process is estimated to take 7 - 14 days from date of return being confirmed as valid.
7.4. The Qualifying Product will be collected from the participant and couriered to the closest Samsung store.
7.5. At the Samsung Brandstores or Hirsch’s stores, the Qualifying Product will be verified against the pictures taken by the delivery team taken when the Qualifying Product is delivered and the pictures taken by the collection team when the Qualifying Product is collected for return.
7.6. The Qualifying Product will then be graded to establish if it has been returned in a reasonably new condition and if need be, sent for repair if found to be damaged.
7.7 The participant will be required to provide the Organizer with a day time address to enable collection of the Qualifying Product.
7.8 Qualifying Product is to be returned in its original packaging.
8 Process for keeping the Qualifying Product and Redeeming the Complimentary Gift
8.1. The participant will have upto 30 days from the end of the 30 days to redeem their free complementary gift once they have decided to keep the Qualifying Product. The participant will have to log onto https://www.samsung.com/za/offer/buy-and-try/redeem-gift/ should they wish to keep the Qualifying Product and click on the redeem option and complete all required information.
8.2 The participant must complete the redemption form with all required information (their name and day time address for delivery, where the product was purchased, how much they paid for the Qualifying Product, and also attach barcoded purchasing receipt)
8.3. Once the information has been validated and information is correct, the participant will receive a message confirmation that they may proceed to redeem their free gift. Participant must follow the url on the message confirmation in order to redeem the complimentary gift. Validation period may take up to 14 days from successful submission of all required documents.
8.4. The participant can choose one of the following free complimentary gifts on offer, subject to stock availability:
8.4.1. Q990C Soundbar; or
8.4.2. Freestyle Gen 2; or
8.4.3. 43QN90 TV (Neo QLED 43” TV).
8.5. The complimentary gift will be delivered to the address provided on the redemption form. Delivery will take upto 14 days from successful redemption by the participant.
8.6. The complimentary gift cannot be exchanged for cash.
8.7. The complimentary gift are not transferrable.
8.8 The voucher can only be redeemed after the trail period, and upon the participant keeping the TV.
8.9 If the participant decide to return the Qualifying Product after the trial period, they forfeit the gift.
9. Limitation of Liability:
9.1. To the extent permitted by Consumer Protection Act and any other applicable law:
a. The participant hereby indemnifies the Organizer against any direct, indirect, special, incidental, consequential or punitive damages or loss of any kind regardless of how this was caused, and whether it arose under the law of contract or delict or otherwise, because of the participant’s entrance to the Promotion.
b. The Organizer excludes all warranties (express or implied), representations and liabilities regarding this Promotion (other than for death or personal injury caused by its negligence and/or fraud).
c. The Organizer has the right to not accept the returned Qualifying Product and refund the Participant should the Qualifying Product not be returned in a reasonably new condition, meaning that it does not power on, is damaged, scratched, cracked or missing components or accessories and is not in full working condition.
d. Samsung does not accept any responsibility or liability for any lost files or data or disclosure of private information that has not been removed from your Qualifying Product prior to return.
10. General:
10.1 In accordance with the confidentiality policies and practices of the Organizer, none of the entry details of any participant in this Promotion will be disclosed or used by the Organizer for any purposes other than for entry into the Promotion and in accordance with clause 10.3 below.
10.2 Participants acknowledge and accept that the Organizer shall utilise a third party (the “Organizer’s authorized agent/s”) to contact the participant, in the event that the participant qualifies for the Promotion, and to arrange delivery of the Offer, where applicable. In order to affect the contacting and delivery process, the Organizer’s shall provide the participant’s information to such third party.
10.3. By participating in the Promotion, the participants agree that the Organizer and its affiliates may contact the participants via email and through social media platforms to deliver marketing communications regarding their products and promotional activities, provided that the Participants are given the opportunity to opt-out of receiving marketing communication at any time via the appropriate opt-out mechanisms provided by the Organizer for such purpose. The Organizer may also use the personal data collected from the participants as described in the Privacy Policy accessible at www.samsung.com and that such use may include transfers to the Organizer’s affiliates and third party service providers in any country. Details of participants will not be used by the Organizer for Samsung related communication should the participants opt-out to receive further communication from the Organizer.
10.4. The Organizer may require the Participant to be identified and photographed. Photographs may be published in printed media, or the Participant may be required to appear on radio and television when accepting their Offer and/or after having received their Offer. The Participant will be given the opportunity to decline to the publication of their images and to participate in the Organizer’s marketing material in so far as it relates to the Promotion.
10.5. Information regarding the Promotion that is published on authorized advertising material will also form part of the terms and conditions of the Promotion.
10.6. The Organizer’s may in their sole discretion amend these terms and conditions at any time, without notice, and such amendments shall be deemed to have taken effect from the date of publication of the revised terms and conditions on the Organizer’s website https://www.samsung.com/za/offer/buy-and-try/ . The onus rests on the participant to constantly check the website for updates to the terms and conditions.
10.7. If this Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Organizer, including but not limited to technical difficulties, unauthorized intervention or fraud, the Organizer reserve the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the Promotion as appropriate, subject to the approval of relevant regulatory authorities.
10.8. Save as permitted by Law, the Organizer reserves the right to cancel, suspend or terminate this Promotion, without notice at any time, and such cancellation, termination or termination shall be deemed to have taken effect from the date of publication on the Organizer’s website https://www.samsung.com/za/offer/buy-and-try/. No liability shall lie against the Organizer in favour of any participant, and/ or third party arising from such cancellation, suspension or termination. Therefore, the participant waives his/her right which they may have against the Organizer and hereby acknowledge that they will have no right of recourse or claim of any nature whatsoever against the Organizer.
10.9. This Promotion is governed by these terms and conditions, as well as those of the relevant authorized participating stores, associated with this Promotion.
10.10. Any dispute or claim arising out of or in connection with the Promotion shall be governed by and construed in accordance with the laws of South Africa.
10.11. The Organizer accepts no liability or responsibility, whether occasioned by any circumstance not foreseeable and not within its reasonable control for late or delayed delivery of the Offer owing to, but not limited to, stock unavailability, strike, lock out, destruction of Offer on route by any means, any civil commotion or disorder, riot, threat of war, any action taken by governmental authority or public authority of any kind, fire, explosion, storm, flood, earth quake or other acts of God.
10.12. If part or all of any clause of these Terms and Conditions is illegal, invalid or unenforceable:
a. It will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible;
b. It will be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions will continue to have full force and effect.
11. Consumer Protection Act:
11.1 To the extent that the Terms and Conditions or any goods or services provided under the Terms and Conditions are governed by the Consumer Protection Act, 2008 (the "Consumer Protection Act"), no provision of the Terms and Conditions are intended to contravene the applicable provisions of the Consumer Protection Act, and therefore all provisions of the Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure that the applicable provisions of the Consumer Protection Act are complied with.