General Terms and Conditions

1. Scope of application, contractual partners, general information

2. Registration and age verification

3. Conclusion of contract

4. IQOS Trial Month

5. Terms of delivery

6. Prices and shipping costs

7. Terms of payment and payment processing

8. Retention of title

9. Right of withdrawal

10. Statutory warranty, voluntary guarantee and returns

11. Liability

12. Data protection

13. Code of conduct

14. Applicable law

15. Consumer dispute resolution

16. Severability clause

 

1. Scope of application, contractual partners, general information

1.1. These general terms and conditions (“GTC”) shall apply to all contracts concluded between you as a customer (“Customer” or “You”) and Philip Morris GmbH, Am Haag 14, 82166 Gräfelfing, registered in the commercial registry of the Munich District Court (Amtsgericht) under no. HRB 49432 (“Philip Morris” or “We”), via Philip Morris’ online shop on https://www.iqos.com/de (“IQOS Webshop”). The contract concluded between Philip Morris and You shall be governed by the GTC version applicable at the time Your order is placed. Deviating or supplementary general terms and conditions of a Customer shall only apply if Philip Morris has agreed to them in writing in the individual case.

1.2. The IQOS Webshop shall be addressed exclusively to consumers who have reached the age of 18 and not at entrepreneurs. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. By contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who or which is acting within the scope of a commercial or professional self-employed activity upon concluding the contract.

1.3. To place an order for articles in the IQOS Webshop (“Products”), You must have a password protected IQOS customer account (“Customer Account”) and be logged in to it. If You do not have a Customer Account yet, You first need to register for a Customer Account in the IQOS Webshop and undergo age verification (see Section 2).

1.4. Certain Products in the IQOS Webshop are exclusively available for new Customers. You are considered a new Customer if You have not previously placed an order in the IQOS Webshop and no IQOS device has yet been registered in Your Customer Account, irrespective of where and from whom the device was purchased (“New Customer”).

1.5. For certain Products, New Customers have the option of ordering them as purchase on approval (“IQOS Trial Month”). For more information regarding the IQOS Trial Month and the particularities which apply, please see Section 4.

1.6. As Philip Morris takes the protection of minors seriously, You are asked to ensure that Products which You order via the IQOS Webshop are not used by persons who have not reached the age of 18.

1.7. If You have any questions, requests, or complaints, please contact Philip Morris at 0800 1114767 (toll-free), or via e-mail at contact.de@iqos.com.

2. Registration and age verification

2.1. In order to create a Customer Account, You need to register for one in the IQOS Webshop. During the registration process, You first need to provide Your e-mail address, create a password, and confirm that You accept Philip Morris’ data privacy policy, available at https://www.pmiprivacy.com/global/en/consumer/ and that You have read and understood it. After clicking on the “Create an Account” button, an automatically generated e-mail will be sent to the e-mail address You provided containing a verification code which You need to enter to continue the registration process. In order to ensure that only persons who have reached the age of 18 register, in the next step You have to consent to an age verification carried out by SCHUFA Holding AG (for details, see Section 2.2). You will be asked to enter Your personal information correctly (form of address, first name, last name, date of birth, address, telephone number). The registration process is finalized by clicking on “Confirm”. In the next step, You will find out whether Your age has been successfully verified and whether Your Customer Account has been created.

2.2. This age verification is subject to the terms and conditions of SCHUFA Holding AG. If Your age cannot be verified by SCHUFA Holding AG, You have the option of clicking on “Try again” to correct the data You have previously entered and have the automatic age verification by SCHUFA Holding AG carried out again. Alternatively, You have the option of having Veratad Technologies, LLC carry out the age verification. To do so, You have to follow the instructions displayed and upload the front and back of an identification document of Your choosing (such as a personal ID card or a passport) in order to enable data verification within the scope of an online identity check. The terms and conditions of Veratad Technologies, LLC. shall apply. You can find further information on age verification at the corresponding point in the registration process and at https://www.iqos.com/de/en/age-verification-info-page.html.

2.3. You are obliged to keep the password You have chosen for Your Customer Account strictly secret in order to ensure that it does not fall into the hands of third parties, especially minors. Any disclosure of Your password or any other form of sharing access to Your Customer Account with third parties is prohibited.

3. Conclusion of contract

3.1. Presentation of Products in the IQOS Webshop shall not constitute a binding offer for sale, but rather an invitation to You to order the Products shown in the IQOS Webshop.

3.2. You can select Products marked as “In stock” or “Low stock” in the IQOS Webshop and place them in the shopping cart without obligation. You can view the content of the shopping cart at any time and remove Products from the cart or change their quantity at any time. There is a maximum purchase quantity for individual Products when placing an order.

3.3. If You want to order the Products in the shopping cart, You can start the ordering process by clicking the “Checkout” button. If You are not yet registered or logged into Your Customer Account, You will first be prompted to do so. You then have the opportunity to enter or modify the delivery address, select Your preferred payment method and, if required, enter additional information on Your selected payment method (for details regarding the payment methods available, see Section 7). If You have a promo code, You can enter it into the corresponding text field until You submit Your order. Before completing the order process, an overview of the order details will be displayed, where You can check Your entries for correctness and make any changes. You can also take note of the instructions on withdrawal and these GTC. By clicking on the button “Buy Now” (“Zahlungspflichtig bestellen”) , You are placing a legally binding order for the Products displayed to You in the order overview.

3.4. Philip Morris will confirm receipt of the order You have submitted via the IQOS Webshop immediately after You have sent Your order by means of an automatic e-mail (order confirmation). The order confirmation documents that Your order has been received by Philip Morris. Furthermore, with the order confirmation Philip Morris declares its acceptance of Your order, whereby the contract between You and Philip Morris becomes effective.

3.5. IQOS Trial Month: Please note that the purchase contract between You and Philip Morris for the IQOS Trial Month – in deviation from Section 3.4 – only becomes fully effective upon Your approval. You can find more information on this in Section 4.

3.6. With the order confirmation, Philip Morris will provide You with a confirmation of the contract (consisting of order, GTC with instructions on withdrawal and order confirmation) on a durable medium (e-mail). Additionally, Philip Morris will store the contract text in line with Section 12 and You can access it via Your Customer Account. If the Product You ordered is covered by a voluntary guarantee, You will receive the guarantee declaration in paper form with the delivery of the Product.

3.7. Contract conclusion takes place exclusively in German or exclusively in English, depending on whether You make the respective purchase via the German-language or English-language IQOS Webshop. If You place Your order via the German-language IQOS Webshop, then only the German version of the GTC shall apply. If You place Your order via the English-language IQOS Webshop, only the English version of the GTC shall apply.

3.8. In order to obtain an invoice available in Your Customer Account, You must check the box “Receive invoice” during the order process (see Section 3.3) before submitting Your order. If You have selected a delivery address other than the one saved in Your Customer Account, You can also specify that new delivery address as Your billing address. Otherwise, the billing address corresponds to the address stored in Your Customer Account.

4. IQOS Trial Month

4.1. If You are a New Customer, the IQOS Trial Month is available to You in the IQOS Webshop for selected Products, if this is evident from the Product presentation in the IQOS Webshop. When ordering within the framework of the IQOS Trial Month, You have the opportunity to first test the Product for a period of up to 30 days after receiving it (“Trial Period”) in order to make it easier to decide whether the product suits You and whether You actually want to purchase it with the obligation to pay (“Approval”).

4.2. If You have received the Product and have had the opportunity to test it, You have the following options:

a) You want to keep the Product: If You decide before the end of the Trial Period that You want to keep the Product and conclude the purchase contract with Philip Morris with full effect, You can declare Your Approval directly via Your Customer Account in the IQOS Webshop. To do so, You need to click on the “Keep it” button in the appropriate place in your Customer Account under “My orders”. The Trial Period ends with Your Approval. Alternatively, You can give Your implicit Approval by allowing the Trial Period to pass without making an express declaration; this also results in the purchase contract becoming fully effective (see below, Section 4.2.c)). Please note that Your obligation to pay the purchase price also arises with the Approval (for more details, see Section 4.3).

b) You do not want to keep the Product: If You decide that You do not want to keep the Product, You must click on the “Return it” button in the appropriate place in Your Customer Account under “My orders” and then, but no later than 14 days after clicking on “Return it”, send the Product back to Arvato Supply Chain Solution SE, Marler Str. 181, 46282 Dorsten, Germany, which has been commissioned by Philip Morris. Compliance with the return period is determined by the date on which the return is received by Arvato Supply Chain Solution SE. If You use the prepaid return label provided to You by Philip Morris for the return, which You can either download in Your Customer Account in the IQOS Webshop or request by calling the toll-free number 0800 1114767 or by e-mail (contact.de@iqos.com), Philip Morris bears the costs of return shipment. No payment obligations arise for you in relation to the returned Product.

c) You remain inactive until the end of the Trial Period: If, prior to the expiry of the Trial Period, You have neither expressly declared that You wish to keep the Product (Section 4.2.a)) nor that You wish to return the Product (Section 4.2.b)), Your silence shall be deemed to be an Approval; the purchase contract for the Product shall be deemed concluded with full effect upon expiry of the Trial Period. Please note that the Approval declared by Your silence also results in Your obligation to pay the purchase price (for more details, see Section 4.3).

4.3. The IQOS Trial Month legally constitutes a purchase on Approval (Kauf auf Probe), which is initially concluded with the condition precedent (aufschiebende Bedingung) of Your Approval of the Product. However, the purchase contract is only concluded with full effect when You have declared Your Approval. Your obligation to pay the purchase price only arises with Your Approval, which can be declared either expressly (Section 4.2.a)), or implicitly by not returning the Product by the end of the Trial Period (Section 4.2.c)). If You do not wish to purchase the Product with full effect and You return it before the end of the Trial Period (Section 4.2.b)), no purchase contract is concluded between You and Philip Morris. In such case, no further obligations arise for You apart from the return of the Product and in particular no payment obligations.

4.4. In all other respects, the provisions of these GTC shall also apply within the framework of the IQOS Trial Month. However, please note the special provisions applicable to the IQOS Trial Month with regard to payment (Section 7.4) and Your right of withdrawal (Section 9.6).

5. Terms of delivery

5.1. Delivery is only be made within Germany (excluding Helgoland and Büsingen) to the delivery address specified by You in the order process. Delivery will be made via parcel service (post or courier, as selected by Philip Morris) with visual age verification. If the parcel cannot be delivered, it must be picked up by You in person or by an appropriately authorized person at a parcel shop (not a Packstation). Shipment risk is borne by Philip Morris.

5.2. Unless otherwise stated for a Product, the delivery period will be 1 to 3 business days from the receipt of Your order. You will be notified via e-mail as soon as Your order has been dispatched.

6. Prices and shipping costs

6.1. All prices indicated in the IQOS Webshop are gross prices in the currency euros and already include the statutory value added tax and all other price components.

6.2. Delivery is free of shipping costs for You.

7. Terms of payment and payment processing

7.1. For the payment of orders in the IQOS Webshop, the following payment methods are generally available: credit card (American Express, Mastercard, and Visa), PayPal, Klarna (purchase on account or payment by installments for orders over EUR 20.00) and bank transfer via Sofort (exception: IQOS Trial Month).

7.2. Your payment is processed according to the payment method You have selected and subject to the terms and conditions of the respective payment partner:

a) Credit card: Philip Morris accepts the credit cards American Express, MasterCard, and Visa. During the order process, You have to enter the information requested about Your credit card account. Your credit card account will be charged immediately after receipt of Your order.

b) PayPal: After submitting Your order, You are redirected to a PayPal page where You can register for a PayPal account or log into Your existing PayPal account and follow PayPal’s payment instructions. Payment is processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22- 24 Boulevard Royal, L-2449 Luxembourg. You can find more information about PayPal and their terms of payment under https://www.paypal.com/de/home.

c) Klarna (purchase on account or via installments): You have the option to purchase on account or by installments (from a minimum order value of EUR 20.00) and thus paying the purchase price after You have received Your order. In this case, Philip Morris assigns the payment claim to Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, and You can only pay the purchase price for Your order to Klarna to discharge Your debt. You can find more information about Klarna and their terms of payment terms under https://www.klarna.com/de/.

d) Bank transfer via Sofort: You pay for Your order via bank transfer using Your online banking details. Payment is processed in cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden. You can find more information about bank transfer via Sofort and the applicable terms of payment under https://www.klarna.com/de/. For the IQOS Trial Month, bank transfer via Sofort is not available as a payment method.

7.3. If You are an IQOS Club member and are logged into Your IQOS Club member account, You have the option to pay for certain Products in the IQOS Webshop using Your IQOS Points. In the event You do not have enough IQOS Points available to pay for the full amount, You can pay the difference by using one of the payment methods listed in Section 7.1. It is not possible to have IQOS Points converted into or paid out in cash. IQOS Points cannot be redeemed for tobacco Products. Your IQOS Points account will be charged immediately when You redeem Your IQOS Points for Your order in the IQOS Webshop.

7.4. IQOS Trial Month: If You have ordered a Product within the framework of the IQOS Trial Month (Section 4), in deviation from Section 7.2, the purchase price shall only become due and payable upon the purchase contract becoming fully effective upon Your Approval. In Your Customer Account, You can change the payment method You specified during the order process up to the end of the Trial Period as well as in connection with the declaration of Your Approval pursuant to Section 4.2.a). Please note that the payment method of bank transfer via Sofort is not available for the IQOS Trial Month.

8. Retention of title

Supplied Products shall remain the property of Philip Morris until the purchase price has been paid in full.

9. Right of withdrawal

9.1. When concluding a distance contract, consumers have a statutory right of withdrawal, which Philip Morris informs about in accordance with the statutory model below in this Section 9.1. In Section 9.2, You find a model withdrawal form. In Section 9.3, You find additional information on how to make a return. In Section 9.4 You find instructions for the case of a partial withdrawal. In Section 9.5, You find the exceptions to the right of withdrawal. In Section 9.6, You find additional information on Your right of withdrawal with respect to the IQOS Trial Month.

Instructions on withdrawal

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise the right of withdrawal, you must inform us (Philip Morris GmbH, Am Haag 14, 82166 Gräfelfing, phone: 0800 1114767 (toll-free), e-mail: contact.de@iqos.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory. You can also electronically fill in and submit the model withdrawal form or any other unequivocal statement on our website https://www.iqos.com/de. If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail) without delay.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us or Arvato Supply Chain Solution SE, Marler Str. 181, 46282 Dorsten, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

 

9.2. Philip Morris informs You about the model withdrawal form in accordance with the statutory provisions as follows:

Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

‐    To Philip Morris GmbH, Am Haag 14, 82166 Gräfelfing, phone: 0800 1114767 (toll-free), e-mail: contact.de@iqos.com:

‐    I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),

‐              Ordered on (*)/received on (*),

‐              Name of consumer(s),

‐              Address of consumer(s),

‐              Signature of consumer(s) (only if this form is notified on paper),

‐              Date

(*) Delete as appropriate.

 

9.3. In the event of a withdrawal, You must bear the direct costs of returning the Products. However, this does not apply if You use a prepaid return label provided by Philip Morris, which You can either download in Your Customer Account in the IQOS Webshop or request by calling the toll-free number 0800 1114767 or by e-mail (contact.de@iqos.com). In this case, Philip Morris bears the costs of return shipment.

9.4. If Your order includes several Products, You have the option to withdraw from the contract for only part of the Products (partial withdrawal). In this case, Philip Morris will refund the payment for the Products affected by Your withdrawal.

9.5. According to the law, the right of withdrawal does not apply to contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery. Accordingly, the right of withdrawal in the IQOS Webshop does not apply to those (individual) packs of sealed HEETS whose seal has been removed after delivery. If You have ordered the individual packs whose seal has been removed as part of a bundle, You can limit Your withdrawal to the individual packs whose seal has not been removed after delivery; in this case Philip Morris will refund the purchase price pro rata.

9.6. IQOS Trial Month: Please note that the purchase contract between You and Philip Morris for the IQOS Trial Month only becomes fully effective with Your Approval, and therefore Your right of withdrawal only arises at that point. The 14-day withdrawal period for the IQOS Trial Month therefore only begins to run once You have given Your Approval.

10. Statutory warranty, voluntary guarantee and returns

10.1. Your rights in the event of material defects and defects of title in the delivered Products are governed by the statutory provisions.

10.2. In addition to Your statutory warranty rights in the event of defects, to which You are entitled free of charge, Philip Morris grants You a voluntary guarantee for certain Products. Furthermore, Philip Morris offers additional services (accident protection, international support) for certain Products (IQOS devices) if a Customer has registered these Products in its Customer Account. Further information is available in the IQOS Webshop. Your statutory warranty rights vis-a-vis Philip Morris are neither affected by nor limited by the voluntary guarantee nor by the additional services.

10.3. If you receive a replacement from Philip Morris for the Product You ordered or individual Product components due to a defect claimed by You, You must return the Product or components of the Product pertinent to Your claim to Arvato Supply Chain Solution SE, Marler Str. 181, 46282 Dorsten, Germany, at Philip Morris’ expense. For this purpose, Philip Morris will provide You with a prepaid return label, which You can either download in Your Customer Account in the IQOS Webshop or request by calling the toll-free number 0800 1114767 or by e-mail (contact.de@iqos.com). Please use the respective original packaging for return if You still have it in Your possession.

11. Liability

11.1. Philip Morris shall be fully liability for intent and gross negligence.

11.2. In the event of slight negligence (einfache Fahrlässigkeit), Philip Morris shall only be liable for damages resulting from injury to life, body, and health as well as for damages resulting from the breach of an essential contractual obligation (i.e. an obligation the fulfillment of which is essential for proper performance of the contract and on the observance of which the contractual partner may regularly rely on). In the event of breach of an essential contractual obligation, Philip Morris’ liability shall be limited to foreseeable, typically occurring damages.

11.3. The limitations of liability set out in this Section 11 shall also apply to any special, incidental, consequential, or indirect damages arising from or in connection with any delivery or contract based on these GTC.

11.4. The limitations of liability set out in this Section 11 shall also apply to damages based on a breach of duty by vicarious agents or legal representatives of Philip Morris.

11.5. Liability according to the German Product Liability Act, in the event of fraudulently concealed defects, and in the event of an assumed quality guarantee remains unaffected by the limitations of liability set out in this Section 11.

12. Data protection

Philip Morris may store and process data in connection with Your order only to the extent permitted by applicable law. For details, please see Philip Morris’ privacy policy, which You can access using the following link: https://www.pmiprivacy.com/germany/en/consumer/.

13. Code of conduct

Philip Morris has committed itself to the Guidebook for Success prepared by Philip Morris International Inc. It can be found on the Internet at https://www.pmi.com/our-views-and-standards/standards/compliance-and-integrity.

14. Applicable law

These GTC and the contractual relationship with You shall be subject to the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

15. Consumer dispute resolution

The European Commission has established an Internet platform for online dispute resolution. The platform serves as a contact point for out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr. Philip Morris is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

16. Severability clause

Should a provision of these GTC be invalid, the validity of the remainder of the contract shall remain unaffected. The relevant statutory provisions shall apply in place of the invalid provision. Insofar as this would cause unreasonable hardship for You or Philip Morris, however, the contract as a whole shall become ineffective.

 

Last updated: October 2022