GENERAL CONDITIONS OF LOAN TO TRY IQOS AT HOME
Date of the last update: 26/06/2020
The Website http://IQOS.com(the "Website") is published by the company Philip Morris France S.A.S., a simplified joint-stock company with a single partner, with share capital of 80,000 euros, registered in the commercial and companies register de Nanterre under the number 712 054 014, whose head office is located 23/25 rue Delarivière Lefoullon, 92800 Puteaux, intra-community VAT number: FR 21712054014, telephone number: 0800 814 814, email address: email@example.com ("Philip Morris France S.A.S."). The Website is strictly reserved for adult smokers over the age of 18 and domiciled in France.
The Loaned Goods are loaned to the Borrowers by ARVATO SUPPLY CHAIN SOLUTIONS SE , a company incorporated under German law, with registered office at An der Autobahn 22, 33333 Gütersloh, Germany, share capital: € 100,770.00, intra-community VAT number: FR69488429648, number telephone: 33 3 21 13 66 92, email address: firstname.lastname@example.org (the "Lender").
The Website is hosted by Salesforce.com Germany GmbH, Erika-Mann-Str. 31, 80636 München, Germany.
- Purpose and scope
The purpose of these General Lending Conditions (“GLC”) is to specify the terms and conditions relating to the lending of an IQOS 2.4 PLUS kit in “White” or “Navy Blue” color or IQOS 3 DUO in “Blue”, “Gold”, “Grey” or “White” color (the “Loaned Property”) agreed by the Lender to a consumer who is a major adult and a smoker, domiciled in mainland France (the "Borrower") for a period of thirty (30) calendar days from receipt of the Property loaned by the Borrower, payable by the latter (i) then buy the Loaned Property or (ii) return it to the Lender. In the absence of a decision, (purchase or return) within 40 (forty) days as of the order of the Loaned Property will result in an automatic bank debit as described hereafter.
The Borrower agrees to use the Loaned Property according to the documentation and instructions provided by the Lender and Philip Morris France S.A.S. and for strictly personal consumption. IQOS is intended for use by adult smokers only.
1.1 Update and acceptance of the GLC
The GLC are made available to the Borrower on the Website where they can be directly consulted at any time. The Borrower may keep these T&Cs on a durable medium by printing them.
The Lender reserves the right to modify the T&Cs at any time. The modified GLC will take effect on the date of their posting on the Website and are applicable to any order placed on the Website as of this posting.
The Lender invites the Borrower to read the GLC carefully before each order, as it may have been modified. Any order implies prior consultation and acceptance of the GLC by means of a check box provided for this purpose and including a hypertext link referring to said GLC.
The Borrower acknowledges that the Lender does not transfer, by reason of the Borrower's acceptance of these General Lending Conditions, its right of ownership of the Loaned Property - said transfer of property only occurring in the event of a purchase of the Loaned Property at the end of the loan period, as detailed in article 4.2 below.
To be eligible for loan of an IQOS 2.4 PLUS or IQOS 3 DUO kit, the Borrower must necessarily meet the conditions below:
• be an adult smoker who resides in mainland France;
• not be involved in a current lending process;
• not own the type of IQOS subject to the loan request
2. Description of the Loaned product
The Loaned Property will more precisely consist of the following elements:
1 Pocket charger IQOS 2.4 PLUS or IQOS 3 DUO
1 Holder IQOS 2.4 PLUS or IQOS 3 DUO
1 IQOS Power adapter
1 IQOS Charging cable
1 IQOS cleaning tool
10 IQOS Cleaning Sticks
All these elements are new and packed.
The Loaned Property will be accompanied by a documentation describing its characteristics and conditions of use and intended to guide the Borrower in the use of the IQOS 2.4 PLUS or IQOS 3 DUO, and of an invoice (in the amount of one euro).
The representations and pictures of the Loaned Property available on the Website have no contractual value. Philip Morris France S.A.S., as publisher of the Website, makes its best efforts to be as accurate and close as possible to reality, but it is possible that the actual rendering of the Property lent (in particular color, dimensions , textures and other characteristics) is slightly different from that of the photos appearing on the Website. This may be due to technical, photographic and computer reasons, for example due to the lighting when taking pictures and due to the resolution of the screens and the equipment or internet browsers that you use during your visit to the Website.
The Borrower is invited to refer to the description of the Property loaned on the Website to find out its precise essential characteristics. In case of doubt, or for further information on the Loaned Property, it is possible to contact Philip Morris France S.A.S. Customer Service by email email@example.com, calling the 0800 814 814.
The Lender strives to ensure the best availability of the Loaned Goods.
If, however, a lending request relates to an unavailable item, the Lender reserves the right to replace an item which is no longer available with another item of the same kind (which would have a different color, for example). In the event of total unavailability of the IQOS 2.4 PLUS, the Lender would then lend an IQOS 3 DUO (i.e. the category higher than the 2.4 PLUS).
The Website is normally accessible 24 hours a day, 7 days a week, subject to:
• a case of force majeure;
• the availability of the internet network;
3. Order of the Loaned Property
To benefit the online lending service, the Borrower must first go to the Website, then on the page dedicated to the online lending: https://www.iqos.com/fr/fr/essayer.html
• The Borrower must then select the IQOS 2.4 PLUS variant (White or Navy Blue) or the IQOS 3 DUO variant (Blue, Gold, Grey or White) that he/she wishes to borrow. He/she will then be invited to create a personal account and enter his/her contact details (see paragraph 3.1). These contact details will be used: By the Lender to send the Loaned Property to the Borrower;
• By Philip Morris France S.A.S. (i) to advise the Borrower on the use of the Loaned Property and (ii) for commercial purposes for the Borrowers who have accepted it. Subcontractors of Philip Morris France S.A.S. will also have access for the purposes of administration of the webpage dedicated to online lending, and for the management of emails sent to Borrowers.
The Borrower will be invited to validate his/her basket and inform his/her bank details in order to pay the lending fee of € 1 including tax. The Borrower's payment details will be collected by Worldpay exclusively, which acts as a payment service provider for the Lender. The Borrower's payment details will not be sent to either the Lender or Philip Morris France S.A.S..
By accepting these General Loan Conditions, the Borrower agrees to be contacted (i) by the Lender for logistical and delivery purposes and (ii) by Philip Morris France S.A.S. to receive advice on the use of the loaned Property (calls, SMS and / or emails).
Orders are placed exclusively on the Website. Internet connection and access fees are the responsibility of the Borrower.
Only one Lending order may be made by Borrower. Consequently, the Lender may refuse to honor any order by a Borrower who has already received or benefited from a lending or which is fraudulent (or reasonably presumed to be so).
3.1. Creation of a personal account
To place a lending order, the Borrower must create a personal account using a username and password. In order to proceed with the order, the Borrower must also fill out the online registration form, containing information necessary for the execution of the order (surname, first name, date of birth, full postal address, email address, number - the essential information will be identified by an asterisk). These data are transmitted by Philip Morris France S.A.S. to the Lender in the context of placing the order. Then the Borrower must make the payment by providing the following information: bank card number, expiration date, CVV. This data is only transmitted to Worldpay.
In this regard, the Borrower guarantees Philip Morris France S.A.S. and the Lender that the information he/she has provided in the registration form when creating his/her personal account are true and complete. The Lender cannot be held liable if errors or incomplete information have been provided by the Borrower and if, as a result, the Lender is unable to fulfill the order (in particular to deliver the Loaned Property) under the conditions provided.
The Borrower's username and password are strictly personal and confidential. Their conservation and use are carried out under the sole responsibility of the Borrower.
If these username and password are used to place an order on the Website, this order is presumed to have been made by the Borrower. The Lender cannot be held liable vis-à-vis the Borrower for any damage suffered as a result of an illicit, fraudulent or abusive use of its username and password and of an order by a person who does not has not been authorized to order by the Borrower.
It is the responsibility of the Borrower to inform the Lender immediately if an unauthorized person has placed an order with his username and password, but also in the event of loss or forgetting of his username and password.
Philip Morris France S.A.S. reserves the right to close any account, in particular at the request of the Lender in the following cases:
• litigation concerning one or more previous orders;
• improper, unfair, fanciful or fraudulent use of the ordering service offered on the Website or not complying with any of the Borrower's obligations defined in these GLC
3.2. Order process
To place a lending order on the Website, the Borrower must select the IQOS 2.4 PLUS variant (White or Navy Blue) or IQOS 3 DUO (Blue, Gold, Grey or White) that he/she wish to borrow.
After the order validation, the Lender will acknowledge receipt of the order electronically by sending to the Borrower a confirmation email.
4. Delivery, purchase or return
4.1 Delivery of the loaned item
The order will be delivered via UPS to the address indicated in the order (mainland France only).
Confirmed orders are delivered to the Borrower at the address indicated in the order confirmation. If the Borrower is absent at the time of delivery, the Borrower will receive a withdrawal notice at a UPS partner point. If the parcel is not picked up within the time limit, it will be returned to the Lender, and the 1€ paid upon the lending request will be refunded to the Borrower within 72 hours as of the Lender receives the parcel. The Borrower will nevertheless have the option of placing a new order by returning to the Website.
The Loaned Property will be delivered only by UPS to the Borrower, excluding any third party, may it be at the address indicated in the order confirmation or at a UPS partner point (starting on May 1st 2020). The UPS transporter or UPS partner point will check the Borrower's identity card or passport to make sure that the latter is an adult (over 18) and matching the name indicated in the order confirmation. In the event that the Borrower's identity card or passport is not presented, the UPS carrier or the UPS partner point will not be able to deliver the package to the Borrower.
Each delivery is deemed to have been made as soon as the carrier of the Loaned Property has made available to the Borrower, materialized by the control system used by the carrier. No dispute relating to the delivery itself will be possible if the package appears to have been delivered, the computer system of the carrier being authentic.
Upon delivery, the Borrower is strongly advised to notify the carrier of any reserve on the parcel and, if applicable, the condition of the Loaned Property (e.g., opened and / or damaged package). In the event that the package is damaged on delivery, the Borrower must check in the presence of the carrier the condition of the Loaned Property before signing the delivery note and specifically indicate on the delivery note of the carrier any reservation in case of Loaned Property is missing or damaged.
Once the Loaned Property has been received, the Borrower has 2 options:
4.2. Option 1: purchase of the Loaned Property
If at the end of, or during, the thirty (30) calendar days of the loan period, which runs from the receipt of the Loaned Property by the Borrower, the Borrower decides to purchase the Loaned Property, it may enter his/her choice on his/her personal space on the Website http://iqos.com and finalize payment for the IQOS kit.
The amount of this payment will correspond to the sales price including VAT in force, deducted from € 1 already paid at the time of the lending request.
If he/she did not inform his choice on his personal space within forty (40) calendar days from the date of order of the Goods loaned by the Borrower, the latter will be debited for the amount corresponding to the sales price including VAT in force, deducted from €1 already paid at the time of the loan request.
The Borrower must then accept the General Terms and Conditions of Sale, which will then become applicable in place of these General Lending Conditions, then validate (if the Borrower accepted when entering their bank details at the time of the Borrowing that his/her details are recorded) or enter (if not) his/her bank details. Article 3.2 “Order process” and article 5 “Delivery” of the General Conditions of Sale will not, however, apply insofar as the Borrower has already received the Loaned Property, and will therefore only have to proceed to payment. Article 6 "Right of withdrawal" applies, subject to the point of departure, which begins on the day of conclusion of the sale (namely on the day of payment of the sales price including tax deducted of € 1), the Borrower already in possession of the Loaned Property.
The transfer of ownership to the Borrower over the Loaned Property will not take place until the conclusion of the sale as well.
4.2. Option 2: return of Loaned Property
If at the end of, or during, the aforementioned thirty (30) calendar days lending period, the Borrower decides to return the Loaned Property, the Borrower must then inform its choice in its personal space of the Website http://iqos.com and return the IQOS kit to the Lender in its entirety, in its original packaging, and using the pre-paid return label
If he/she did not enter his/her choice on his/her personal space within forty (40) calendar days from the date of order of the Loaned Property by the Borrower, the latter will be debited for the amount corresponding to the sales price including VAT in force, deducted from € 1 already paid at the time of the loan request.
The lending fee of € 1 including tax, will not be reimbursed to the Borrower in the event of return of the Loaned Property. The Loaned Property must be returned to the Lender by the Borrower in its original condition, without prejudice to damage resulting, without fault on the part of the Borrower, from normal use.
The Loaned Property must be received by the Lender within a maximum period of thirty (30) calendar days from return request of the Borrower placed on his personal account.
If after the period of thirty (30) calendar days from the return request of the Borrower placed on his personal account, the Lender had not received the Loaned Property, the Borrower will be debited from the amount corresponding to the sale price including VAT in force, deducted from € 1 already paid at the time of placing the order of the Loaned Property.
The Borrower undertakes to use the Loaned Property in accordance with these General Loan Conditions, its documentation, its conditions of use and the instructions and advice sent by the Lender or Philip Morris France S.A.S., including with regard to its cleaning.
The Borrower must ensure the care and conservation of the Loaned Property for the duration of the lending.
In the event of a malfunction of the Loaned Property, the Borrower agrees to contact immediately the customer service of Philip Morris France SAS at 0800 814 814 (number not surcharged from a fixed line in mainland France) from 8 a.m. at 10 p.m. and not to attempt to repair it him/herself, or have it repaired by a third party.
5. Intellectual property
The Philip Morris France S.A.S. brand, as well as all figurative or non-figurative brands and more generally all other brands, illustrations, images and logotypes appearing on the Loaned Goods, their accessories or their packaging, whether or not they are deposited (the “Philip Morris Brands”) are and remain the exclusive property of Philip Morris France S.A.S. or are licensed to Philip Morris France S.A.S..
The Arvato brand, as well as all figurative or non-figurative brands and more generally all other brands, illustrations, images and logotypes appearing on the Loaned Goods, their accessories or their packaging, whether or not they are registered (the "Trademarks Arvato ”) are and remain the exclusive property of Bertelsamnn / of the Lender or are licensed to the Lender.
The Website and all the graphic, textual, visual and photographic elements contained therein, namely in particular all the illustrations, images, drawings, photographs, characters, texts, decorations, modes of presentation, graphics or any other element of the Website (hereinafter the "Content") are and remain the exclusive property of Philip Morris France S.A.S. or are licensed to Philip Morris France S.A.S. and are protected in particular by intellectual property rights.
The Philip Morris and / or Arvato Trademarks, the Website and / or its Content may in no case be wholly or partially modified, reproduced, represented, distributed, displayed, marketed, integrated into a derivative or other work, and this on any support whatever. In general, the Philip Morris and / or Arvato brands, the Website and its Content can only be used for browsing the Website and, if necessary, to place an order.
The use of all or part of the Philip Morris and / or Arvato Marks, the Website and / or its Content, in particular by downloading, reproduction, transmission or representation for purposes other than those provided for in these GLC is strictly prohibited.
6. Personal data
When the Borrower browses the Website, creates a personal account and / or places an order, Philip Morris France S.A.S. and the Lender collect and process the personal data that the Borrower transmits (payment data excluded). In addition Worldpay collects and processes personal payment data. Worldpay’s Privacy Statement can be found on Worldpay corporate website: https://www.fisglobal.com/privacy.
Philip Morris France S.A.S., the Lender and Worldpay, all three data controllers, undertake to ensure the protection of this personal data.For more information on the methods of collection, use and processing of personal data by Philip Morris France SAS, the Borrower is invited to consult the confidentiality policy of Philip Morris France S.A.S. available here.
Regarding the data processed by Arvato DISTRIBUTION GmbH:
The Lender informs the Borrower that it is processing its personal data which is transmitted to it by Philip Morris France S.A.S. (namely: name, first name, telephone, email, billing and delivery addresses).
The processing of personal data of the Borrower by the Lender is implemented for the purposes of the execution of the order and its consequences (in particular the sending, return and purchase of the Loaned Property) as well as for monitoring of customer relations. The legal basis for processing is therefore the execution of the contract.
To allow proper processing of the Borrower's order and in particular to allow suitable monitoring and optimal delivery, his/her personal data is communicated to companies in the same group as the Lender, as well as to their providers and subcontractors through the world intervening for the needs of the execution of your order. Some of them are located outside the European Union in countries which do not necessarily benefit from an adequacy decision made by the European Commission.
The protection and security of personal data thus transferred outside the European Union is ensured at all times, in particular by the implementation of contractual clauses in accordance with current legislation. A copy of these data protection mechanisms is available via: https://www.cnil.fr/Websites/default/files/typo/document/CCT-2010-Ss_Traitants_VF.pdf
The Borrower's personal data are not kept beyond the time necessary for their processing and, in any event, in order to fulfil the purposes for which it was collected and in accordance with the applicable law and, in all circumstances, for a maximum of ten years from their collection or the last contact initiated with the Lender.The Borrower can at any time access their personal data, request their rectification, request their deletion or limitation for legitimate reasons in accordance with legal provisions. In certain cases, he may object to processing for reasons relating to his particular situation or even exercise his right to the portability of his data.
All or part of these rights can be exercised by sending a request by email to firstname.lastname@example.org
If the Borrower considers that his/her rights were not respected in the context of this processing or that the system implemented did not comply with the rules for the protection of personal data, he/she may notify the Lender directly to the coordinates provided above. It can also, if necessary, send a complaint online to the CNIL or by post.
7. Applicable law - litigation
These GLC are subject to French law.
In the event of a claim or dispute, the Borrower must first contact Philip Morris France S.A.S. customer service on 0800 814 814 (number not surcharged from a landline in mainland France), or by clicking on the "Contact us" section at www.iqos.com or he/she can contact the Lender: email@example.com.
The parties agree to seek an amicable settlement to the dispute before any legal action or recourse to a mediation procedure.
In the event of failure of a Borrower's written complaint to the Lender's customer service or in the absence of a response from this service within one (1) month, the Borrower may use any alternative method for dispute resolution and / or by accessing the European online dispute resolution platform at the following address: http://ec.europa.eu/odr, which will attempt, independently and impartially, to achieve to an amicable resolution of the dispute.
The Borrower remains free to accept or refuse the use of mediation and, in the event of recourse to mediation, each party is free to accept or refuse the solution proposed by the mediator.
In the absence of an amicable agreement, the French courts will have sole jurisdiction.
||The fact for the Lender of not availing itself of any stipulation of these GLC cannot be regarded as being worth renunciation with the profit of this stipulation or the right to prevail itself later of the aforementioned stipulation and / or to demand compensation for any failure to this stipulation.|