Terms and Conditions for participating in the IQOS Care Plus

Last updated: June 2, 2020

1.                   Application of Terms/Eligibility

1.1               These terms and conditions (Terms) are applicable to and govern your participation in the IQOS Care Plus program (IQOS Care Plus). You should read these Terms which govern your relationship with Philip Morris France SAS, a simplified joint-stock company with a share capital of 80,000€, registered with the Register of trade and companies of Nanterre under the number 712 054 014, and having its head office located at 23/25 rue Delariviere Lefoullon, 92062 Paris La Défense Cedex (Philip Morris) carefully.

1.2               You are only eligible for membership of IQOS Care Plus if: (i) you are an adult smoker or IQOS user aged 18 years and over and you are registered in our IQOS database; and (ii) your main residence is in a country where IQOS Care Plus is available.  

1.3               To participate in IQOS Care Plus you must register an eligible device as described in paragraph 2.1 (Device) in our database either at iqos.com, by calling customer service center at 0800 814 814 7/7 from 8am to 10pm, at IQOS coach or at a retail place that you will find in the following IQOS points of sale:  https://fr.iqos.com/fr/store-locator.

1.4               By signing up for IQOS Care Plus through online IQOS device registration or through a customer service center, at IQOS coach or at a retail place, or otherwise using IQOS Care Plus, you agree to be bound by these Terms. Likewise, if you register another Device, or if we change these Terms upon notice, and you then use IQOS Care Plus, you agree to be bound by these Terms. Your acceptance of these Terms is deemed to occur in the country of your registered residence as per our IQOS database.

1.5               If you do not agree (or cannot comply) with these Terms, then you are not permitted to use IQOS Care Plus. 

1.6               No modification of these Terms by you is permitted unless Philip Morris expressly agrees in writing.

1.7               We may terminate your right to use IQOS Care Plus as described below.

1.8               We also reserve the right to amend these Terms and IQOS Care Plus upon notice at any time. If you do not agree to any such amendments you may terminate your membership of IQOS Care Plus.

2.                   Eligible Devices/Registration

2.1               The following Device models are eligible for registration in IQOS Care Plus:

(a)                IQOS 2.4, IQOS 2.4+, IQOS 3, IQOS 3 DUO or Holders Chargers and any upgraded models thereof

(b)                IQOS 3 MULTI

(c)                 Any other IQOS device which has been commercialized by Philip Morris in the country of purchase and registration.

2.2               The Device must have a readable and valid serial number.

2.3               For all new IQOS users who register in our database after the IQOS Care Plus launch date (February 19, 2020), you may become an IQOS Care Plus member by registering your eligible device within 24 months following the purchase of your device. If you purchase your device on iqos.com, you and your IQOS device will be automatically registered and you will benefit from IQOS Care Plus. You will still have the possibility to opt-out from IQOS Care Plus (see more details below).For the purchases completed in physical points of sale, Philip Morris will apply the 24 months duration starting from the manufacturing date of the IQOS Device components in question plus 3 months, based on its own records, and independently from the date indicated on any potential proof of purchase. For online sales, date of purchase will match the ordering date.

2.4               In completing the registration process you must provide all required mandatory information in an accurate and complete manner and keep this information up-to-date. If you do not complete the mandatory fields in the application form (such as, for example, age, smoker status, email address and/or phone number) your application will not proceed. If you provide inaccurate or incomplete information Philip Morris reserves the right to terminate your membership of IQOS Care Plus without notice.

2.5               Membership of IQOS Care Plus and the services provided are personal to you and may not be transferred to any third party.

2.6               If you and your IQOS device are already registered in our database, then you will automatically become an IQOS Care Plus member at IQOS Care Plus launch date (February 19, 2020). The date of departure of your warranty will be that of the purchase of your IQOS device, as specified in point 2.3.

2.7               Your use of IQOS Care Plus is linked to your country of residence. As IQOS Care Plus is only available in certain countries if you change your country of residence, then you must inform us and reapply to use IQOS Care Plus in your new country of residence.

3.                   Term and Termination

3.1               The term of your membership in IQOS Care Plus is from you and your IQOS device registration.

3.2               You may terminate your membership of IQOS Care Plus at any time with immediate effect by notifying Philip Morris either by deleting your device(s) from your account, by calling the Customer Service at 0800 814 814 7/7 from 8am to 10pm, or by email at contact.fr@iqos.com. Upon termination of your membership you are no longer entitled to receive the Services for any of your Devices.

3.3               Philip Morris may terminate your membership with IQOS Care Plus at any time with immediate effect if you breach these

3.4               Membership of IQOS Care Plus entitles you to the services described in paragraphs 4 to 7 (Services).

4.                   Voluntary warranty of two years

4.1               You will benefit from the following 24 months voluntary warranty:

CUSTOMER CARE

Relevant market : FRANCE

Freephone: 0800 814 814

E-mail: contact.fr@iqos.com

Website: www.iqos.com

Address: Philip Morris France SAS, 23/25 rue Delariviere Lefoullon, 92062 Paris La Défense Cedex, FRANCE

4.2               Duration

The duration of this warranty, relevant to your country of purchase (FRANCE), is of 24 months from the date of purchase (see calculation of date of purchase at point 2.3).

4.3               What this warranty covers

The Philip Morris International entity listed under the heading of ‘Customer Care’, will at its option (but without affecting your statutory rights) repair or replace any components which are defective in terms of material or workmanship when used in accordance with the associated IQOS User Guide and which are subject to a valid voluntary warranty claim. The provisions of this warranty are only valid in the country of purchase.

4.4               What is excluded from this voluntary warranty

The following are excluded from the terms of this warranty:

(a)                damage caused by normal wear and tear;

(b)                cosmetic damage (such as scratches, dents, broken plastic etc.);

(c)                 damage caused by misuse, power surge, improper handling, liquid contact or fire;

(d)                malfunction due to use with non-compatible product;

(e)                damage or malfunction caused by attempt to open, modify and repair, either by a user or by a service provider not accredited by the manufacturer;

(f)                  damage or malfunction caused by failure to use as described in the associated IQOS User Guide.

4.5               Information on how to make a claim

(a)                You must:

(i)        report your claim to Philip Morris by using the self-diagnostic online QURE at www.IQOS.com on your account or calling the Customer Service at 0800 814 814 7/7 from 8am to 10pm as soon as possible, including the following information: (1) the serial number for the affected Device; (2) description of the symptoms, problems with or causes of the damage to the Device; (3) error messages; and (4) actions taken before the Device experienced problems and any steps you took to resolve the problem;

(ii)       if requested by Philip Morris, you must provide proof of purchase for your Device; and

(iii)     follow packaging and mailing instructions given by Philip Morris for shipping the affected Device to Philip Morris; and

(iv)     otherwise comply with Philip Morris’s return Devices authorization process.

(b)                You must not send Philip Morris products and accessories that are not supported by voluntary warranty replacement. If you send Philip Morris these items they will not be returned and they will be destroyed.

(c)                 Philip Morris will determine whether you are entitled to a replacement Device in accordance with these Terms. If you are entitled to a replacement Device this will be provided to you in one of the following ways:

(i)        Courier delivery.  A replacement Device will be couriered to you and you will have to give back the affected device to the Courier.

(ii)       Carry-in service. You can return your affected Device to a participating IQOS Service Points and you will be provided with a replacement.

(iii)     Mail-in service. Philip Morris will send you a replacement device together with a prepaid postage and packaging so that you can send your affected Device Equipment to Philip Morris. Philip Morris will pay postage costs to and from your location if all instructions are followed by you.

In the absence of the proof of purchase, the company reserves the right to voluntarily apply the warranty duration starting from the manufacturing date of the IQOS Device components in question based on its own records.

4.6               Other terms

Where an exchange takes place, then any replacement part becomes your property and the replaced part becomes the property of the entity which makes the exchange. The information provided by you will be used as described in consumer privacy notice at www.pmiprivacy.com

4.7               Additional legal rights for consumers

The rights conveyed under this voluntary warranty are in addition and without prejudice to all rights and remedies provided by consumer protection laws in the country of purchase. In particular in France, regardless of this voluntary warranty, the seller remains liable for the legal guarantee of conformity as laid down in Articles L.217-4 to L.217-12 of the French Consumer Code, and that relating to the concealed defects, as laid down in Articles 1641 to 1648 and 2232 of the French Civil Code:

Article L. 217-4 of the consumer code: The seller delivers a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery. He is also held liable for any lack of conformity that results from the packaging, the assembly instructions or the installation if he assumed responsibility therefore or it has been carried out under his responsibility.

Article L. 217-5 of the consumer code: The products conforms to the contract:

1. If it is suitable for the purpose usually expected of such a product and, if applicable:

- corresponds to the description given by the seller and has the features that the seller presented to the purchaser in the form of a sample or model;

- has the features that a purchaser might reasonably expect it to have given the public statements made by the seller, the manufacturer or his representative, in particular in an advertising or on labelling

2. Or has the features defined by mutual agreement between the parties or is fit for any particular purpose for which the purchaser requires it and which he made known to the seller and which the latter agreed to.

Article L. 217-12 of the consumer code: The action resulting from lack of conformity lapses two years after the date of delivery of the product.

Article L 217-16 of the consumer code: When the purchaser asks the seller, during the period of the commercial warranty that has be granted to him when purchasing the product or when repairing the product, to carry out repair covered by its commercial warranty, any period during which the product is immobilized for at least seven days is added to the remaining term of the warranty. This period shall run from the date on which the purchaser requests assistance or from the date on which the concerned product has been available for repair if subsequent to the request for assistance.

Article 1641 of the civil code: A seller is bound to a warranty in case of hidden defects of the good sold which renders it unfit for the use for which it was intended, or which so impair that use that the purchaser would not have acquired it, or would only have given a lesser price for it, if he had known them.

Article 1648 al. 1 of the civil code: The action resulting from hidden defects must be brought by the purchaser within a period of two years following the date of discovery of the defect.

5.                   Accidental Damage

5.1               On top of the abovementioned 2 years voluntary warranty, if your Device suffers accidental and unintended damage that affects the functionality of your Device which is not caused by your misuse or reckless behavior (Accidental Damage) you may be eligible for a replacement Device as described in this paragraph 5.

5.2               You must give the damaged Device (including all components) to Philip Morris and you will be provided with a replacement device of the same type equivalent to a new Device in performance and reliability. If a replacement Device of the same type is not available, a Device, in the same category, which is at least functionally equivalent will be provided as a replacement. Philip Morris will keep all replaced Devices. If only part of the Device is damaged e.g. the IQOS 3 holder or the charger, then only the damaged part will be replaced and Philip Morris will only keep the replaced part of the Device.

5.3               Limitations from Accidental Damage

(a)                You must take all reasonable precautions to protect your Device and use and maintain the Device in accordance with its instructions and user guide. If you do not do so then you are not entitled to a replacement Device.

(b)                You are limited to one replacement Device for Accidental Damage for each registered Device.  After the first claim is settled, the Accidental Damage in your country of residence and associated Rapid Replacement on this program will cease. However, you can still receive the remaining Services for your Device.

(c)                 You are not entitled to a replacement Device where the Accidental Damage was caused prior to the launch date of IQOS Care Plus or where any of the following circumstances are applicable:

(i)        any product that is not an eligible Device as per the list contained in paragraph 2.1;

(ii)       damage caused by abuse or misuse, or actual, or attempted, modification or alteration of the Device, power surge;

(iii)     Devices with a serial number that has been altered, defaced or removed;

(iv)     Devices that have been opened, serviced, modified or altered in a manner not authorized by Philip Morris;

(v)       the loss or theft of your Device;

(vi)     cosmetic damage to your Device which does not affect the functionality of the Device, including, but not limited to, hairline cracks, scratches, dents, broken plastic on ports and discoloration;

(vii)   damage or failure caused by normal wear and tear and/or usage of the Device;

(viii)   improper handling, or liquid contact, damage from fire, flood, or natural disaster, war, terrorism, or acts of God;

(ix)     malfunction due to use with non-compatible product; 

(x)       damage or malfunction caused by failure to use as described in the associated IQOS User Guide; or

(xi)     failure due to defects in materials and/or workmanship and/or design; however, such failures may be covered separately either by your statutory consumer rights or by the IQOS warranty that is in addition and without prejudice to all rights and remedies provided by consumer protection laws in the country of purchase.

5.4               Making a claim under Accidental Damage

(a)                You must:

(i)        report your claim to Philip Morris by using the self-diagnostic online QURE at www.IQOS.com on your account or calling the Customer Service at 0800 814 814 7/7 from 8am to 10pm as soon as possible, including the following information: (1) the serial number for the affected Device; (2) description of the symptoms, problems with or causes of the damage to the Device; (3) error messages; and (4) actions taken before the Device experienced problems and any steps you took to resolve the problem;

(ii)       if requested by Philip Morris, you must provide proof of purchase for your Device; and

(iii)     follow packaging and mailing instructions given by Philip Morris for shipping the affected Device to Philip Morris; and

(iv)     otherwise comply with Philip Morris’s return Devices authorization process.

(b)                You must not send Philip Morris products and accessories that are not supported by Accidental Damage replacement. If you send Philip Morris these items they will not be returned and they will be destroyed.

(c)                 Philip Morris will determine whether you are entitled to a replacement Device in accordance with these Terms. If you are entitled to a replacement Device this will be provided to you in one of the following ways:

(i)        Courier delivery.  A replacement Device will be couriered to you and you will have to give back the affected device to the Courier.

(ii)       Carry-in service. You can return your affected Device to a participating IQOS Service Points and you will be provided with a replacement.

(iii)     Mail-in service. Philip Morris will send you a replacement device together with a prepaid postage and packaging so that you can send your affected Device Equipment to Philip Morris. Philip Morris will pay postage costs to and from your location if all instructions are followed by you.

5.5               Additional legal rights for consumers

The rights conveyed under the Accidental Damage service are in addition and without prejudice to all rights and remedies provided by consumer protection laws in the country of purchase, as listed above (article 4.7).

6.                   International Assistance

6.1               You have access to an international toll free number (charges may apply in some locations) when traveling abroad to countries where the Devices are commercialized by Philip Morris or its affiliates or an authorized partner. This service includes troubleshooting assistance from experienced Device agents and if required, replacement of your Device within Voluntary warranty and / or Accidental Damage in accordance with these Terms. 

6.2               Service options, Device availability, response and delivery times may vary according to country.  This service will not affect your statutory rights and rights under your Device warranty valid in the country of purchase. 

6.3               Limitations from International Assistance

(a)                The limitations contained in paragraphs 4.4 and 5.3 (Limitations) apply to Voluntary Warranty and Accidental Damage replacement under International Assistance.

(b)                The following are excluded from replacement of Device issues defined in terms of material or workmanship when used in accordance with the Device User Guide:

(i)        damage caused by normal wear and tear;

(ii)       cosmetic damage (such as scratches, dents, broken plastic etc.);

(iii)     damage caused by misuse, power surge, improper handling, liquid contact or fire;

(iv)     malfunction due to use with non-compatible product;

(v)       damage or malfunction caused by attempt to open, modify and repair, either by a user or by a service provider not accredited by the manufacturer; or

(vi)     damage or malfunction caused by failure to use as described in the associated Device User Guide.

6.4               Making a claim under International Assistance

(a)                You must:

(i)        report your claim to customer service center by telephoning the number 00 800 2559 2559 as soon as possible, including the following information: (1) the serial number for the affected Device; (2) description of the symptoms, problems with or causes of the damage to the Device; (3) error messages; and (4) actions taken before the Device experienced problems and any steps you took to resolve the problem; if the International line is not available for some technical issue, you may contact the Customer Service at 00 33 0800 814 814.

(ii)       if requested by Philip Morris, you must provide proof of purchase for your Device; and

(iii)     follow packaging and mailing instructions given by Philip Morris for shipping the affected Device to Philip Morris; and

(iv)     otherwise comply with Philip Morris’s return Devices authorization process.

(b)                Philip Morris will determine whether you are entitled to a replacement Device in accordance with these Terms. If you are entitled to a replacement Device this will be provided to you in one of the following ways:

(i)        Courier delivery.  A replacement Device will be couriered to you and you must send the affected Device to Philip Morris

(ii)       Carry-in service. You can return your affected Device to a participating IQOS store and participating IQOS service points where you will be provided with a replacement.

7.                   Other Services

7.1               IQOS Coach Assistance Program. You will have access to a dedicated remote coach for assisting you in any questions related to your Device. Access is during normal business hours in your country of residence. You can at any time mention to any IQOS Coach who may be registering or contacting you that you wish to unsubscribe from IQOS Coach Assistance Program. 

7.2       Rapid Replacement Service. This service provides for rapid replacement of your Device in case of application of your voluntary warranty and/or Accidental Damage. Eligibility for this service is determined by Philip Morris.

You may benefit from this service more promptly being a Care Plus member, by calling our Customer Service at 0 800 814 814 who will take care of your claim in less than thirty seconds (since as Care Plus member, you are already registered), every day, from 8am to 10pm, and will offer you a customized replacement services.

For instance, you will be able to benefit from a replacement by going to the Service Point of your choice agreed with our Customer Service within two hours from the registration of your application (subject to Service Points replacement stock availability). If no Service Point is close enough to you, or if the identified Service Points are out of stock, we will replace it by mailing. You will then receive your replacement device within a few days.

8.                   Your Obligations

You agree:

(a)                not to misuse the IQOS Care Plus program and the Services;

(b)                where an exchange takes place, then any replacement Device becomes your property and the replaced Device becomes the property of the entity which makes the exchange; and

(c)                 to comply with applicable law.

9.                   Warranty/Limitation of Liability

9.1               As your membership of IQOS Care Plus is free of charge, it is provided ‘As Is’ and without any warranty.

9.2               Philip Morris shall not be liable to the maximum extent permitted under applicable law whether in tort, contract, misrepresentation, restitution or otherwise for any direct losses, loss of profits, sales, revenues or savings, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising or otherwise resulting from your membership of IQOS Care Plus or your use of the Services. Philip Morris shall not be liable for any of the losses described in this paragraph 9.2 even if you have informed Philip Morris of the possibility of such losses.

9.3               Nothing in this paragraph 9 excludes any liability that cannot be excluded by applicable law.

10.               Miscellaneous

10.1           IQOS Care Plus is currently provided free of charge.

10.2           Details of the processing of your personal data that you provide us are described in our Privacy Notice.

10.3           These Terms are subject to the laws of the registered office of Philip Morris and any mandatory law provision applicable to you under the laws of your country of residence. Any legal dispute will be subject to the jurisdiction of the city in which Philip Morris has its registered office, unless other courts have jurisdictions under the mandatory rules applicable to you under the laws of your country of residence.

    10.4           For questions, inquiries and contact information please refer to our Customer Service

0800 814 814 7/7 from 8am to 10pm
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