A. DISCLAIMER

Usage – Static conditions that will be used as client is completing trade in application

The purpose of these Programmes is to provide to you with the trade-in/trade –up value of your used device when you purchase a new Samsung device, where device means any mobile phone, tablet and/or wearable. Samsung Electronics South Africa Proprietary Limited (“Samsung Electronics” or "us") provides a trade-in quotation tool and a trade-up quotation tool ("Tools”, each a “Tool") to you, a consumer ("Consumer", "you" or "your") in connection with Samsung Electronics trade-up and trade-in programmes, both being the property of Samsung Electronics. Your use of the Tool is subject to these Terms of Use, as may be amended by Samsung from time to time and notified to you accordingly. The purpose of the Trade-In Tool is to help us evaluate the Trade-In Value (explained below) of your used device and any promotional credit eligibility that may be relevant to you (explained below). If you have any questions about the Programmes or these Terms of Use please contact us at 0860 726 786, ssacompliance@samsung.com or on Live Chat.

B. TERMS & CONDITIONS OF THE TRADE IN PROGRAMME

Usage – Final Terms and Conditions that the consumer approves to consent to trade in

TRADE-IN PROGRAMME TERMS AND CONDITIONS OF SAMSUNG ELECTRONICS SOUTH AFRICA PROPRIETARY LIMITED ("SAMSUNG ELECTRONICS", "WE" OR "US")

1. TERMS AND CONDITIONS

    1.1. What these terms and conditions cover. These are the terms and conditions are applicable to our trade up programme (“Trade-Up Programme”) or trade in programme (“Trade-In Programme”).
For the purpose of these Terms and Conditions, a device may be a mobile phone, tablet or wearable and any reference to days means calendar days.

    1.2. Subject to certain terms and conditions, the Trade-Up Programme is applicable when you place an order with us to trade in your existing device ("Existing Device") for a new device ("Promoted Device") in response to a promotion we are running for the Promoted Device available for purchase on the E-Commerce Platform and in exchange for a reduction in the purchase price of the Promoted Device. The reduction in the purchase price we may offer for the Existing Device will vary depending on the make and model of the Existing Device and our assessment of the physical and working condition of the Existing Device. If for any reason we suspect that any unlawful activity has taken, is taking or is about to take place, we may refuse to accept your Trade-Up application.

    1.3. Subject to certain terms and conditions, the Trade-In Programme is applicable when you place an order with us to trade-in your Existing Device in exchange for a reduction in the purchase price of any New Device you wish to purchase via our E-Commerce Platform. The reduction in the purchase price we may offer for the Existing Device will vary depending on the make and model of the Existing Device and our assessment of the physical and working condition of the Existing Device. If for any reason we suspect that any unlawful activity has taken, is taking or is about to take place, we may refuse to accept your Trade-Up application.

    1.4. Why you should read these terms and conditions. Please read these terms and conditions carefully if you would like to take part in the Trade-In Programme or Trade-Up Programme. These terms explain who we are, the terms and conditions we impose in both the Trade-In Programme and Trade-Up Programme and other important information.

2. THE TRADE IN and TRADE UP PROGRAMME - OVERVIEW

    2.1. How to take part in the Trade-In Programme. Prior to placing an order for a New Device you will be asked to complete the device questionnaire on the Trade-In Programme webpage which you can access on trade-in.regener8.co.za/switchtogalaxy

    2.2. How to take part in the Trade-Up Programme. Once you have received your Promoted Device and you wish to trade-in your Existing Device, you will need to complete the device questionnaire on the Trade-In webpage which you can access on trade-in.regener8.co.za/switchtogalaxy

    2.3. If you choose to participate in the Trade-In Programme or Trade-Up Programme and if we confirm that your Existing Device meets the Trade-In or Trade-Up Programme criteria, Regener8 Group Proprietary Limited (“Regener8”) or its agent will collect the Existing Device from you within 10 days of the date on which we send the trade-in offer to you.

    2.4. After Regener8 or its agent has collected your Existing Device from you, and Regener8 has carried out a successful inspection of the Existing Device (ensuring that it meets the Trade-In/Trade-Up Programme criteria, whichever is applicable), we (or someone we nominate) will become the owner of the Existing Device.

    2.5. When trading-in a mobile device, you are required to handover over the mobile device. You may return the original accessories if you choose but it is not required. When trading-in a wearable device or a tablet, you MUST include all the relevant devices' original accessories. Without these accessories, your wearable device or tablet will NOT BE ELIGIBLE for trade-in.

    2.6. Further, if you choose to participate in the Trade-In Programme, we will decide whether to give you the trade-in value for your Existing Device in (i) the form of a voucher (the terms and conditions of which will comply with the provisions of the Consumer Protection Act No. 68 of 2008) or (ii) in cash by making a payment into your bank account. We will only be able to make a cash payment to you if you are the customer AND the bank account you have given to us to make the payment is in your name (i.e. we will not pay the trade-in value to somebody else) AND your bank account is with a registered South African bank. 

    2.7. Please ensure that before Regener8 or its agent collects the Existing Device from you, you have (i) backed up/saved all the photos, contacts, files and other information that you have stored on the Existing Device, (ii) performed a “factory reset” on the Existing Device, (iii) removed the Existing Device from your Google or iCloud account, (iv) removed the sim card/s and memory card/s, and (v) where the Existing Device is a mobile device, placed the Existing Device, in a suitable packaging, such as a padded envelope, for collection. Where the Existing Device is a wearable device or a tablet, placed the Existing Device together with all original accessories which were included in the box (e.g. charging cables) in a suitable packaging, such as a padded envelope, for collection. Please be aware that (a) the original accessories MUST be included with the trade-in tablet or wearable device. If you do not include the accessories, it will not be accepted for trade-in, (b) if you are not available at the time scheduled with Regener8 or its agent for the collection of the Existing Device, you will have to pay for a courier to collect the Existing Device from you for delivery to Regener8, and (c) we (or our nominee) will securely and permanently wipe all photos, contacts, files and any other information stored on the Existing Device from the Existing Device after 10 days has passed, i.e. day 1 of the 10 day period is the day on which the Existing Device is collected from you by Regener8.

    2.8. Regener8 has been nominated by Samsung to run the Trade-In Programme and Trade-Up Programme. Please note that you may be required to download an Application that enables us to confirm whether your Existing Device meets our Trade-In or Trade-Up Programme criteria (whichever is applicable), which criteria may change from time to time. The Trade-In/Trade-Up Programme criteria can be found trade-in.regener8.co.za/switchtogalaxy. Please also monitor the email address you have given to us for notifications from us.

    2.9. Other than as specified in these terms and conditions, our standard Terms and Conditions of Sale will govern your purchase of the New Device or the Promoted Device (as the case may be) and any other products purchased on the E-Commerce Platform.

    2.10. If you qualify to participate in the Trade-In Programme or the Trade-Up Programme, we will provide you with prepaid return packaging materials to enable you to deliver your Existing Device to the address specified by Regener8.

    2.11. Remember, for Trade-Ins and Trade-Ups, Regener8 or its agent must collect the Existing Device from you at your specified address within 10 days of the date on which we sent the trade-in offer to you. If for whatever reason you are not available when the courier arrives to collect the Existing Device, you will have to pay for a courier to collect the Existing Device from you for delivery to Regener8.

3. LIMITATION OF LIABILITY

Both Samsung Electronics and Regener8 will exercise reasonable efforts in providing the NEW devices OR THE PROMOTED DEVICES (AS APPLICABLE) and THE services as per the Trade-In PROGRAMME and/or Trade-Up Programme, but neither SAMSUNG ELECTRONICS NOR REGER8 will be liable for any losses you suffer or damages you incur if you provide us with incorrect information or if the pricing of the new device or the promoted device on the E-Commerce Platform is OBVIOUSLY incorrect.

You agree that neither Samsung Electronics nor Regener8 will be liable for any indirect and/or consequential damages if you chose to use the Trade-In programme/ Trade-Up Programme.

4. LINKS TO THIRD PARTY WEBSITES

    4.1. The E-Commerce Platform and the Trade-In Programme and/or Trade-Up Programme may include links and references to other 3^rd party websites that are not owned, controlled or managed by Samsung Electronics.

    4.2. Please read the terms on conditions of any 3^rd party websites that you click on as those terms and conditions will be different from our terms and conditions.

    4.3. Samsung Electronics is not responsible for the terms and conditions of any 3^rd party website or the practices, policies (including privacy policies) and procedures adopted by 3^rd parties and if you chose to click on any links on the E-Commerce Platform to 3^rd party websites then you do so at your own risk.

    4.4. You will not have any recourse to Samsung Electronics for any loss, damage, expenses or claims you suffer as a result of choosing to click on any 3^rd party links on the E-Commerce Platform.

5. GOVERNING LAW AND JURISDICTION

    5.1. These terms and conditions are governed by and interpreted in accordance with the laws of the Republic of South Africa. If you use of the E-Commerce Platform it means that you agree to the jurisdiction of the South African courts regarding all matters arising under these terms and conditions.

    5.2. In the case of a dispute, you consent to non-exclusive jurisdiction of the Magistrate's Court.

6. YOUR RIGHTS - RETURN POLICY

    6.1. Please note that by entering into the Trade-In Programme and/or Trade-Up Programme you are not prevented from returning the New Device or the Promoted Device (as applicable) within 10 days of delivery of the New Device or the Promoted Device as permitted in terms of the Consumer Protection Act No. 68 of 2008

6.2. PLEASE TAKE NOTE that if you exercise your right to cancel the purchase agreement and return the New Device or the Promoted Device (whichever is applicable) to us during the abovementioned 10 day return period, or if we have agreed to refund you because the New Device or the Promoted Device (whichever is applicable) is defective, we may not be able to return your Existing Device to you and we will not be liable in any way if we are unable to do so.