2.1 Any images or photographs of the Products that we put on our Platform are for illustration only and actual Products available for purchase in Australia may differ from that shown. We use reasonable endeavours to make sure the colours, sizes and details are displayed accurately but errors may occur. In addition, we cannot guarantee that the way in which your computer displays these colours or details accurately reflects the Products made available by us. The Products you receive may therefore vary slightly from those advertised.

2.2 Any packaging that we use to provide the Products to you may vary from any packaging indicated on our Platform (where applicable).

3.1 Our order process will permit you to check the Products you have ordered and amend any errors before submitting the order. Please ensure that you read through your order before submitting it.

3.2 Your order constitutes an offer by you to buy our Products on These Terms. You are deemed to have placed an order with us by ordering via our online checkout process. After placing an order, you will receive an email 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) ordered. Subject to applicable law these Terms constitute the entire Contract between us and you for the supply of Products.

3.3 We may refuse to accept your order or reverse your order:

1. 3.3.1 where the Product is not available;


2. 3.3.2 where we cannot obtain authorisation for your payment;


3. 3.3.3 if there has been a pricing or Product description error (see clause 3.6 below); or


4. 3.3.4 if you do not meet the eligibility criteria set out in clause 5 below.

3.4 The Contract will only be formed when we send you an email from [email protected] that contains the Dispatch Confirmation. The parties to the Contract are you and Samsung Electronics Australia Pty Ltd ACN 002 915 648.

3.5 The Contract will relate only to those Products whose dispatch we have confirmed 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.

3.6 All our Products are subject to availability. If, for any reason, any or all of the Products you have ordered or become unavailable or there has been an error in the price on our Platform, the Online Store or the Samsung Shop App we will make reasonable efforts to notify you of this as soon as possible after becoming aware of it and advise you of the revised delivery dates. In such cases, if you have already paid for the Products we will either notify you when the Products will be delivered or cancel the order and refund you the amount paid as soon as reasonably possible.

We do not accept orders from addresses outside Australia.

5.1 By placing an order through our Platform, you warrant that:

1. 5.1.1 you are legally capable of entering into binding contracts;


2. 5.1.2 you are at least 18 years old;


3. 5.1.3 any information you provide to us is complete and accurate;


4. 5.1.4 you are resident in Australia;


5. 5.1.5 you are accessing our Platform from Australia; and


6. 5.1.6 you are purchasing Products in your individual capacity for personal and domestic, non-commercial use.

6.1 We may also provide links on our Platform to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products you purchase from third party sellers through our Platform, or from companies to whose website we have provided a link on our Platform, will be of satisfactory quality, and any such warranties are disclaimed by us. Samsung is not responsible for the availability of, and does not endorse the content of, links to external third party websites. This does not affect your statutory rights (if any) against the third party seller.

6.2 You acknowledge that Samsung is not liable for any loss or damage that you may suffer as a result of the availability of, or your access to, any external links, including as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such external links.

7.1 Samsung offers a change of mind policy if you purchase an Eligible Mobile Product from the Platform. For the purpose of these Terms, “Eligible Mobile Product” means a Samsung smartphone, tablet, wearable device or accessory related to such a device, that you purchase from the relevant Platform. The change of mind policy is not available for any TV & AV products (including TVs, soundbars and monitors), home appliances (including washing machines, refrigerators, vacuum cleaners, microwaves and air purifiers), computing products (including monitors and SSDs) or any other Product that is not an Eligible Mobile Product. If you wish to exercise the change of mind policy, you may cancel the Contract and request a refund or exchange, provided that the following requirements are met:

7.2 If you wish to exercise the change of mind policy, you may cancel the Contract and request a refund or exchange, provided that the following requirements are met:

1. 7.2.1 the relevant Product that you are seeking to return is an Eligible Mobile Product;


2. 7.2.2 your claim is made within 14 days of delivery;


3. 7.2.3 you contact the Samsung Customer Care Team on 1300 362 603 or visit the order self service section of the My Orders page here to lodge your request for a 'Change of Mind' return;


4. 7.2.4 you make the Eligible Mobile Product available for collection and inspection by a Samsung Authorised Agent;


5. 7.2.5 the Eligible Mobile Product is unused;


6. 7.2.6 the Eligible Mobile Product's packaging is un-opened and the packaging seal is intact;


7. 7.2.7 the Eligible Mobile Product's packaging is not damaged; and


8. 7.2.8 the Eligible Mobile Product is in re-sellable condition.

7.3 In the event you change your mind and the Eligible Mobile Product packaging has been damaged, unsealed, unboxed and/or the Eligible Mobile Product has been used, or the requirements in clause 7.2 are not otherwise met, Samsung is unable to offer a remedy under clause 7.4, so please choose carefully when selecting your Eligible Mobile Product, and when deciding to open packaging following delivery.

7.4 If you meet the requirements of clause 7.2 you can request a full refund of the price paid for the Eligible Mobile Product or an exchange. Exchanges may be provided in a different colour of the same model. Refunds can only be made to the original payment method that you used.

8.1 Delivery process in Australia.

8.2 Free delivery in Australia is available for mobile, tablet, and wearable products. Free delivery is available in selected areas within Australia for TV & AV, Home Appliances, Computing and Monitors Monday to Friday excluding public holidays unless otherwise stated. All deliveries must be signed by yourself or an authorised agent who is acting on your behalf. We offer you a choice of delivery methods by Australia Post parcel post, express parcel post (depending on your location within Australia) and your chosen delivery method will be specified on the Dispatch Confirmation. You will also receive an email and SMS confirmation of your tracking number if you elect to include a valid Australian mobile number during checkout. The tracking number allows you to track the progress of your order by clicking on the link in the email or SMS, or by visiting the My Orders page on the Samsung Online Stores Website of the Samsung Shop App.

8.3 For big and bulky products, you may select a requested delivery date, for regional customers, our courier partner will contact you to book in a suitable delivery date. We will endeavour to arrange delivery on that requested delivery date. If we cannot deliver the products on your preferred delivery date, we will contact as soon as possible to schedule a new delivery date. Please note, that requested delivery dates cannot exceed 14 calendar days from the original delivery booking date and that if this is exceeded your order may be cancelled and refunded in full.

1. 8.3.1 We offer free Next Business Day Delivery for big and bulky products to selected locations within Australia. This delivery method will be displayed at the time of checkout if your postcode is within our serviceable delivery area. For Next Business Day delivery, you will need to place your order by 11am AEST Monday to Friday. If the order is placed after 11am AEST, it will be delivered on the following Business day. If your order is placed after 11am AEST on a Friday or anytime over the weekend, your order will be delivered on a Tuesday (excludes public holidays). Next Business Day Delivery may not be available during high volume periods or promotional periods.


2. 8.3.2 Saturday delivery is available to selected locations within Australia. This delivery method will be displayed at the time of checkout if your postcode is within our serviceable delivery area. Saturday delivery is a chargeable service. If we are unable to delivery your order on the selected Saturday delivery date, we will refund the associated delivery charge in full.


3. 8.3.4 For Big and Bulky products, our delivery partners will contact you a day prior to the scheduled delivery, we are not able to commit to an exact delivery time, however, you will be advised of an estimated delivery window. On the day of delivery, you will be contacted approximately within 30 minutes prior to delivery. If you or an authorised agent is not available at the time of delivery, you may be charged a redelivery fee. Should the delivery fail on the 2nd attempt or we are not able to contact you to arrange redelivery, your order will be returned and refunded in full.


4. 8.3.5 Delivery of the Products does not normally include installation unless we expressly specify otherwise for a Product on our Platform.


5. 8.3.6 We offer a number of installation services for some of our products such as display, washing machines, dryers and fridges. This service is only available to selected locations within Australia, if this service is available it will be displayed as option at the time of checkout. All installations will take place at time of delivery where possible by a fully insured and trained installer. The types of services offered by us is displayed at time of checkout or is available via FAQs. If we are unable to provide the installation service selected, you will be refunded for the associated installation service fee.


6. 8.3.7 Some of our installation and delivery services include the removal of old appliances. Removal of your old appliance is actioned at the same time of the delivery of your order. All products being removed and disposed of, must be disconnected from all connected services such as water and electrical in advance. For wall mounted TV’s, the TV must be removed off the wall mount. You agree that the goods removed become our property and have zero value. Your old appliance will be disposed of by our selected recycling partner. If you had paid a service fee to have your old appliance removed or disposed of, and we are unable to remove or dispose of your old appliance, we will refund the service fee.

8.4 Should you need to change your delivery address, you will need to contact our customer service team at least 48 hours prior to the dispatch of your scheduled delivery date.

8.5 The date of dispatch listed on the Dispatch Confirmation is the estimated date of dispatch as is reasonably estimated by us.

8.6 We will deliver the Products to the delivery address you specify in your order. If you elect for your Products to be delivered via express or standard delivery we will not deliver the Products to your delivery address unless there is someone present to accept and sign for them, during normal business hours (9am to 5pm, Monday to Friday). If someone is not present at your delivery address to sign for and take delivery of the Products, a parcel collection card will be left at your delivery address and the Products will be delivered to your local Australia Post Office for your collection. If you have not received the Product(s) or a parcel collection card within the estimated delivery time specified in the Dispatch Confirmation you should contact our Customer Care team on 1300 362 603 or chat with us here.

8.7 Delivery of the Products does not normally include installation unless we expressly specify otherwise for a Product on our Platform.

8.8 We will be deemed to have delivered the Product(s) to you when we deliver them to the address you gave us when placing the order or signing up to our Online Store or the Samsung Shop App.

9.1 The Products will be your responsibility from the time of dispatch, in accordance with the Dispatch Confirmation.

9.2 Ownership of the Products will only pass to you on the later of either delivery or when we receive full payment of all sums due in respect of the Products, including delivery charges (if applicable).

12.1 The Products may come with certain guarantees that cannot be excluded under the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth). You may be entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You may also be entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

12.2 Details on any warranty we offer for a Product that you may select for certain Products are available here: These warranties are in addition to your rights under the Australian Consumer Law.

13.1 You may have rights under statutory consumer protection laws, including the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth), which cannot be excluded, restricted or modified. The exclusions of warranties, and the limitation of liability in clause 14 below, apply subject to any rights you may have under such laws.

13.2 You expressly understand and agree that the Platform is provided "as is" and "as available". In particular, Samsung does not warrant to you that:

1. 13.2.1 your access to and use of the Platform, including for the purpose of purchasing Products through the Online Store, will meet your requirements (and you expressly acknowledge that you have relied on your own experience, skill and judgment to evaluate the Platform and Products and that you are satisfied as to the suitability of the Platform and Products to meet your requirements); or


2. 13.2.2 your access to and use of the Platform will be uninterrupted, error free, timely or secure.

13.3 Without limiting the foregoing, and to the extent permitted by law, all express and implied representations, conditions, warranties, guarantees or other provisions that are not contained in these Terms (whether based in legislation, the common law or otherwise) are excluded, including any representations, conditions, warranties or guarantees as to acceptable quality, fitness for purpose or timeliness.

13.4 If any condition, warranty, guarantee or other provision is implied or imposed in relation to the Contract (whether based in legislation, the common law or otherwise) and cannot be excluded (a "Non-Excludable Term"), and Samsung is able to limit your remedy for a breach of such Non-Excludable Term, then Samsung's liability for such a breach of a Non-Excludable Term is limited to one or more of the following, at Samsung's option:

1. 13.4.1 in relation to goods, the replacement of goods or the supply of equivalent goods, the repair of goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired; or


2. 13.4.2 in relation to services, the supplying of the services against or the payment of the cost of having the services supplied again.

14.1 We sell the Products to you entirely for your private non-commercial use. You agree that you will not use the Products for any commercial, business or re-sale purposes unless otherwise agreed with us in writing.

14.2 We will be liable for a failure to comply with these Terms where the breach is one that is contemplated by us both at the time that a Contract is formed in respect of any particular Product order and arises from our negligence but not where the loss or damage is not of a type which was contemplated at the time of the Contract.

14.3 Subject to our obligations under the Non-Excludable Terms, nothing in these Terms shall render us liable to indemnify you in respect of any liability of any kind incurred by you to any other person but this is not an exclusion of any liability that may arise by virtue of a breach by us of these Terms or any negligence on our part or that of our employees or agents.

14.4 Subject to our obligations under the Non-Excludable Terms, we will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that was not reasonably foreseeable by both you and us when you commenced using the Platform or when a Contract was formed.

14.5 Nothing in these Terms excludes or limits our liability for:

1. 14.5.1 death or personal injury caused by our negligence


2. 14.5.2 fraud or fraudulent misrepresentation;


3. 14.5.3 any breach of the obligations implied by the Australian Consumer Law;


4. 14.5.4 defective products under the Australian Consumer Law;


5. 14.5.5 any deliberate breaches by us of these Terms that would entitle you to terminate the Contract; or


6. 14.5.6 any other matter in respect of which it would be illegal for us to exclude, or attempt to exclude, our liability.

14.6 Subject to clauses 14.5 and 14.7, if either of us fails to comply with these Terms, 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.

14.7 Subject to clause 14.5, we will not be liable for losses that result from our failure to comply with these Terms that fall into the following categories:

1. 14.7.1 loss of income or revenue;


2. 14.7.2 loss of business;


3. 14.7.3 loss of profits;


4. 14.7.4 loss of anticipated savings;


5. 14.7.5 loss of data; or


6. 14.7.6 waste of management or office time.

However, this clause 14.7 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 the categories in sub-clauses 14.7.1 to 14.7.6 inclusive.

15.1 Any personal information that we may collect from you on our Platform, whether on online forms or as part of the ordering process, will be dealt with in accordance with our Privacy Policy [http://www.samsung.com/au/info/privacy.html].

15.2 Your data protection and privacy rights are set out in our Privacy Policy. You agree to the use of your personal information and data in accordance with our Privacy Policy.

16.1 The Platforms incorporate information and content, which may be in the form of text, graphic, audio, video, downloads, links, source codes, copyrights, trademarks, and information about Products ("Content") which is the proprietary property of Samsung.

16.2 Samsung has invested money, time, and effort to develop the Content and retains all rights, including intellectual property rights, to the Content. Samsung does not grant you any license or property rights in relation to the Content.

16.3 The Content is published on the Platform for your personal reference. You must not download, copy, use, reproduce or reference any Content for business or commercial purposes. You may download, copy, reproduce or store the Content and establish links to the Platform from your own Platform or from within your documents, but only where you do so for personal use.

16.4 Samsung does not warrant the accuracy, completeness, or reliability of the Content (including Product information), or other items contained on this Platform or any other website operated by Samsung.

17.1 Access to the Platform, including the Online Store or the Samsung Shop App, is permitted on a temporary basis, and we reserve the right to withdraw or amend the Platform without notice. We shall not be liable if, for any reason, the Platform is unavailable at any time or for any period.

17.2 From time to time we may restrict access by any one user, groups of users or all users to parts of the Platform and/or to our entire Platform without notice.

17.3 You must treat any user name, password or any other piece of information provided as part of our security procedures as confidential and not disclose it to any third party. We reserve the right to disable any user name or password, whether chosen by you or allocated by us, at any time, if (in our opinion) you fail to comply with these Terms.

17.4 You are responsible for making all the arrangements necessary to have access to the Platform. You are also responsible for ensuring that persons who access the Platform through your internet connection are aware of these Terms and comply with them. Please notify us as soon as possible in writing if you become aware that activities on your account are unauthorised or you have become aware that your account details have been compromised.

17.5 While we will make reasonable efforts to ensure that the information on the Platform, including on the Online Store or Samsung Shop App, is correct, the material displayed on it is provided without any guarantees, conditions or warranties as to its accuracy, including, but not limited to, information about the Products and prices described on it.

17.6 The availability of the Products which are the subject of your order will be determined by the Product description displayed on the Online Store or the Samsung Shop App at the time of placing your order. We will make reasonable efforts to ensure that any Product description is a fair representation of the actual Products offered.

17.7 We reserve the right to suspend, modify or amend the Platform, including the Online Store and/or the Products offered, at any time.

18.1 You must not misuse the Online Store or the Samsung Shop App by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or harmful. You must not attempt unauthorised access to the Platform, the server on which the Platform is stored or any server, computer or database connected to the Online Store or the Samsung Shop App, or attack the Platform via a denial of service attack, distributed denial of service attack or other similar means.

18.2 We will not be liable for any loss or damage caused by a distributed denial of service attack, viruses or other harmful material that may infect your computer equipment, computer programmes, data or other proprietary material due to your use of the Platform or downloading any material posted on it or any website linked to it.

Applicable laws require that some of the information or communications we send to you should be in writing. When using our Platform, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our Platform. 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.

All formal notices given by you to us must be given to Samsung Electronics Australia Pty Ltd (ACN 002 915 648), 3 Murray Rose Avenue, Sydney Olympic Park, NSW 2127. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in clause 15 above. Notice will be deemed received and properly served immediately when posted on our Platform, twenty four (24) hours after an email is sent, or three (3) 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 email, that such email was sent to the specified email address of the addressee.

21.1 The Contract between you and us is binding on you and us and on our respective successors and assignees.

21.2 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.

21.3 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.

22.1 We will not be liable or responsible for any failure to perform or delay in performance of any of our obligations under a Contract that is caused by an Event Outside Our Control (as described in clause 22.2 below).

22.2 An "Event Outside Our Control" means any act or event beyond our reasonable control including, without limitation, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, supplier or sub-contractor failure, subsidence, epidemic or other natural disaster or failure of public or private telecommunications network or impossibility of the use of public or private transport.

22.3 If the Event Outside Our Control occurs that affects the performance of our obligations under a Contract:

1. 22.3.1 we will notify you as soon as possible;


2. 22.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.

22.4 We reserve the right to defer the date of delivery of the Products or to cancel the delivery of the Products in the case of any Event Outside Our Control or which is beyond our reasonable control and which prevents or hinders the delivery of the Products.

23.1 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 under these Terms, 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.

23.2 A waiver by us of any default will not constitute a waiver of any subsequent default.

23.3 No waiver by us of any of these terms and conditions contained in these Terms or in a Contract will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 20 above.

If any court or competent authority decides that any of the provisions in these Terms 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.

25.1 We have the right to revise and amend these Terms from time to time by posting them on the Platform. Amendments are usually made to reflect changes in law, the ways in which we accept payments from you and to accommodate changes to the way Products are supplied, however, these Terms may also be amended for any other reason and in our sole discretion.

25.2 You will be subject to the policies and Terms in force at the time that you order Products from us, unless any change to those policies or these Terms 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 before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to these Terms, unless you notify us to the contrary within seven (7) working days of receipt by you of the Products).

These Terms are governed by and shall be construed in accordance with the laws of New South Wales and each party irrevocably submits to the non-exclusive jurisdiction of the courts of New South Wales in respect of any dispute arising out of These Terms and/or any Contract for the purchase of Products through the Online Store or the Samsung Shop App.

We intend to rely upon These Terms 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 to be confirmed in writing.