GENERAL TERMS AND CONDITIONS OF SALE – IQOS

Last update: 23/03/2020

The website www.iqos.com (http://www.iqos.com/) (the "Website") is published by Philip Morris France SAS, a simplified joint stock company with a single shareholder (société par actions simplifiée à associé unique) with a share capital of 80,000 euros, registered in the Nanterre Trade and Companies Register under the number 712 054 014, whose registered office is located   23/25 rue Delarivière Lefoullon, 92800 Puteaux, intra-community VAT registration number: FR 21712054014, telephone number: 0800 814 814, email address: contact.fr@iqos.com ("Philip Morris France SAS").

The Products are sold to Customers by ARVATO DISTRIBUTION GmbH, a company incorporated under German law, whose registered office is located at Gottlieb-Daimler-Straße 1, 33428 Harsewinkel, Germany, share capital: €100,770.00, intra-community VAT registration number: FR69488429648, telephone number: +33 3 21 13 66 92, email address: contact.iqos@arvato.fr  (“Arvato”).

The Website is hosted by Salesforce.com Germany GmbH, Erika-Mann-Str. 31, 80636 Munich, Germany

1.   Purpose and scope

These general terms and conditions of sale (the "GTCS") apply to all orders placed on the Website by any purchaser who is a non-professional natural person having the status of a consumer within the meaning of the first article of the French Consumer Code (Code de la consommation) (the "Customer(s)") for the purchase of products presented on the Website (the Product(s)"). Before being able to place a valid order on the Website, the Customer expressly declares that they have full legal capacity to enter into a contract, i.e. that they have reached the age of legal majority (18 years in France) and that they are not under some form of guardianship.

The GTCS govern the contractual relationship between Arvato DISTRIBUTION GmbH and the Customer. The GTCS apply exclusively to Products delivered in metropolitan France.

The Customer undertakes not to purchase Products on the Website with a view to reselling them. IQOS is intended for use by adults only.

The GTCS are accessible to the Customer on the Website where they can be directly consulted at any time. The Customer may keep these GTCS on a durable medium by printing them out. When an order is placed, the GTCS shall be attached to the order confirmation email sent to the Customer.

Arvato DISTRIBUTION GmbH reserves the right to amend the GTCS at any time. The amended GTCS shall take effect on the date on which they are put online on the Website and shall apply to all orders placed on the Website as from the date on which they are put online.

Arvato DISTRIBUTION GmbH recommends that the Customer carefully read the GTCS before each order, as they may have been amended. All orders presuppose that the GTCS have been consulted and accepted by means of a checkbox provided for this purpose which includes a hypertext link to the said GTCS.

2.   Products

1.   Characteristics

Each of the Products offered for sale on the Website is presented in a description stating its essential characteristics.

The representations and photographs of the Products available on the Website have no contractual value. Philip Morris France SAS, in its capacity as publisher of the website, does its utmost to ensure that these representations and photographs are as accurate and faithful as possible to reality, but the actual appearance of the Products (including colour, dimensions, textures and other characteristics) may be slightly different from the photographs appearing on the Website. This may be attributable to technical, photographic and data-processing reasons, for example as a result of the lighting during the shooting process and the resolution of the screens and the equipment or web browsers you use when visiting the Website.

The Customer is advised to consult the description of each Product to learn about its precise essential characteristics. In the event of any doubt, or to obtain additional information on the Products, you can contact Philip Morris France SAS Customer Service Department by

email: contact.fr@iqos.com and by telephone at 0800 814 814.

2.   Availability

Product offers are valid as long as they are visible on the Website, within the limits of available stocks. Sales are concluded subject to the actual availability of the Products.

Arvato DISTRIBUTION GmbH makes every effort to keep up to date the information on the availability of the Products on the Website. Arvato DISTRIBUTION GmbH shall notify the Customer by e-mail or telephone if an ordered Product is no longer available.

In accordance with the provisions of Article L. 121-11 of the French Consumer Code, Arvato DISTRIBUTION GmbH reserves the right to refuse or cancel an order for legitimate reasons (for example, orders for abnormal quantities, orders placed in bad faith or orders placed by a Customer with whom a dispute exists relating to a previous order).

Orders that are cancelled under the above conditions shall be refunded within a maximum period of fourteen (14) days following the cancellation of the order.

Accessories sold on the website shall be available for 12 months.

As a general rule, the Website may be accessed 24 hours a day, 7 days a week, subject to:

  • a force majeure event;
  • the availability of the Internet network;
  • temporary suspensions of the Website for technical reasons related to website updates, maintenance or any other technical reasons.

3.   Orders

Orders can only be placed via the Website. The Customer shall bear the costs of connecting to and accessing the Internet.

The Products on the Site are sold only through retail sale to Customers as end consumers. Thus, in particular, the Customer agrees not to proceed with purchases of Products on the Site for resale and declares that his purchase of Products is unrelated to a commercial activity.

In general, ARVATO DISTRIBUTION GmbH may refuse to honor any order that does not correspond to a retail sale or that is fraudulent (or reasonably presumed to be fraudulent). ARVATO DISTRIBUTION GmbH reserves the right, in this context, to limit the quantities of Products ordered by the same Customer (same name and first name, same postal address and / or same email address), being specified that in any case, no order made by the same Customer and exceeding a total amount of 300 euros excluding taxes will not be accepted by ARVATO DISTRIBUTION GmbH.

It is further specified that IQOS is intended for use by adults only.

1.   Creating a personal account

Customer must create a personal account using a username and password to place an order for Products. In order to complete the purchase, the Customer must also fill-in the online  registration form, which contains the information necessary to carry out the order (surname, first name, date of birth, full postal address, email address, telephone number - any mandatory information shall be followed by an asterisk). Philip Morris France SAS passes on this data to Arvato DISTRIBUTION GmbH as part of the order process.

In this respect, the Customer hereby warrants to Philip Morris France SAS and Arvato DISTRIBUTION GmbH that the information they have provided in the registration form when creating their personal account is accurate and complete. Arvato shall not be held liable in the event that the Customer has provided incomplete information or errors and if this prevents Arvato DISTRIBUTION GmbH from fulfilling the order (in particular from delivering the Product ordered) under the specified conditions.

The Customer's username and password are strictly personal and confidential. The Customer is solely responsible for the storage and use of their username and password.

This order shall be presumed to have been placed by the Customer if this username and password is used to place an order for Products on the Website. Arvato DISTRIBUTION GmbH shall not be liable to the Customer for any damage suffered as a result of the unlawful use, raudulent use or misuse of their username and password and any order for Products placed by any person whom the Customer has not authorised to place orders.

It is the Customer's responsibility to notify Arvato immediately if an unauthorised person has placed an order for Products with their username and password, as well as if they lose or forget their username and password.

Philip Morris France SAS reserves the right to close any account, in particular at the request of Arvato DISTRIBUTION GmbH, in the following cases:

  • dispute concerning one or more previous orders;
  • any misuse or any unfair, fanciful or fraudulent use of the ordering service offered on the Website or non-compliance with any of the Customer's obligations defined in these  GTCS.

2.   Ordering process

To place orders on the Website, Customer must:

  • select the Product(s) and the desired quantities by adding them to their shopping cart;
  • view their shopping cart containing the selected Products once they have finished making their selection. This step allows Customers to make any changes to their shopping cart before validating it, where applicable;
  • validate the shopping cart;
  • select the delivery method (with precise costs and delivery times) and enter their delivery and invoicing addresses;
  • validate their delivery method;
  • view a summary of their order. At this stage, Customers must check the details of their order, along with the method and terms of delivery. Customers may correct any errors they identify;
  • confirm their order by ticking the box indicating acceptance of the GTCS and clicking on the "order and pay" button;
  • select their payment method and pay for their order online to finalize the order.

Following payment of the order, Arvato DISTRIBUTION GmbH will acknowledge receipt of the order electronically by sending the Customer a confirmation email, including the applicable GTCS.

 

4.  Prices and terms of payment

The price of the Products is given in euros, including all taxes, and takes into account the value added tax (VAT) in force on the day the order is validated by the Customer as evidenced by their online payment.

Arvato DISTRIBUTION GmbH reserves the right to modify its prices at any time. Nevertheless, the price of the Products invoiced to the Customer shall be the price in force at the time the order is validated.

The prices of the Products do not include the delivery costs of the Products; such delivery costs shall be notified to the Customer no later than the time of the latter’s payment of the Order (see below).

The Products remain the property of Arvato DISTRIBUTION GmbH until the price has been paid in full.

Purchases are paid for using a credit card (Visa, Mastercard) or via Paypal. The card is debited when the order is validated.

 

5.   Delivery

The Products are delivered to the address provided when ordering, within metropolitan France exclusively. No deliveries shall be made to hotels or post office boxes.

The following methods of delivery are available:

  • Express for any order in metropolitan France (including Corsica).

For each proposed delivery method, the delivery costs are specified on the page used to select and validate the delivery method, and also appear on the page summarising the order. The delivery costs are free for any order of 25 euros or more.

Due to the exceptional circumstances related to Covid-19, delivery is currently free for any order (placed from Monday March 23, 2020 and until further notice), with no minimum order amount required.

Delivery shall be made within the time limits given to the Customer when the order is placed and confirmed.

 

Each delivery is deemed to have been made as soon as the carrier of the Products makes the delivery available to the Customer or to a third party designated by the Customer, as evidenced by the control system used by the carrier. No dispute relating to the delivery per se shall be admissible if the package appears to have been delivered, it being understood that the carrier's computer system shall be regarded as providing proof of delivery.

 

The carrier will check the identity card or passport of the client (or the recipient) to ensure that the latter is of legal age (over 18). In the event of non-presentation of the Client's identity card or passport, or in the case of presentation of an identity document showing the state of minority of the Client (or recipient), the carrier cannot deliver the package.

 

During delivery, it is strongly recommended that the Customer notify the carrier of any reservations regarding the packaging and, where applicable, the condition of the Products (e.g. open and/or damaged package). If the package is damaged on delivery, the Customer must check the condition of the Products in the presence of the carrier before signing the delivery note and state precisely on the carrier's delivery note any reservation with regard to any missing or damaged Product.

In the event of any failure to meet the delivery deadlines notified to the Customer, the latter shall have the right to terminate the contract, provided that the delay is not attributable to the fault of the Customer (for example if the Customer provides incorrect delivery information at the time of the order) or to a force majeure event.

This right of terminationmay be exercised subject to the provisions of Article L. 216-2 of the French Consumer Code:

    the Customer must first instruct Arvato DISTRIBUTION GmbH to carry out the delivery within     a reasonable additional period, by sending a registered letter with acknowledgement of     receipt to the following address: SMED, 8 avenue de l’Europe, 77600 Bussy-Saint-Georges, or     by sending an email to the following address: contact.iqos@arvato.fr ;

if the Products have not been received by the end of this new additional period, the Customer may then terminate the contract by sending a new registered letter with acknowledgement of receipt or a new email.

The contract shall be terminated upon receipt by Arvato DISTRIBUTION GmbH of the written notice of such termination, unless Arvato DISTRIBUTION GmbH has meanwhile fulfilled its obligations. In the event that the contract is terminated, Arvato DISTRIBUTION GmbH shall refund the amounts paid by the Customer in respect of the order, no later than fourteen (14) days following the date on which the contract was terminated.

 

6.   Right of withdrawal

The Customer has the right to exercise their right of withdrawal without giving reasons within thirty (30) days of the day on which the Customer, or a third party other than the carrier designated by the Customer, physically takes possession of the Products.

In the event that the Customer has ordered several Products within a single order, or if the Products have been delivered in several instalments, the withdrawal period shall begin when the Customer, or a third party other than the carrier designated by the Customer, physically takes possession of the last Product or the last instalment of the delivery.

If the Customer wishes to withdraw from the transaction, they must send their withdrawal decision to Arvato DISTRIBUTION GmbH before the expiry of the withdrawal period, in particular by calling the toll-free number 0800 814 814, 7 days a week from 7am to 10pm (toll-free from a fixed or mobile telephone) or by clicking on the "Contact Us" section at the

address www.iqos.com.

If the Customer exercises their right of withdrawal within the specified time limits, they shall receive a confirmation email taking into account their request. The Customer then receives a prepaid return note for printing and pasting on the return package (intended for Arvato DISTRIBUTION GmbH). The return of the Customer must be made within 14 days after receipt of the return note (date as per postmark).

The refund is made subject to the return of the complete kit (IQOS, pocket charger IQOS, IQOS adapter, USB cable IQOS, cleaning kit IQOS) in operating condition. A check will be done upon reception.

Risk for the returned Products shall be transferred to Arvato DISTRIBUTION GmbH only when the Products arrive at Arvato's intended return point.

Unless the Customer expressly agrees to another refund method, the original payment method shall be used to refund the returned Product. Said refund shall be made without undue delay and in any event within a maximum period of fourteen (14) days from the day on which Arvato DISTRIBUTION GmbH is informed of the Customer's decision to exercise their right of withdrawal.

This refund shall not lead to any costs for the Customer. However, Arvato DISTRIBUTION GmbH reserves the right to defer the refund until the returned Product is actually recovered or until the Customer has provided proof of shipment of the Product, whichever comes first.

It should be noted that Arvato DISTRIBUTION GmbH shall not refund the additional costs   incurred by the Customer in choosing to use a more expensive delivery method than the delivery method offered by Arvato DISTRIBUTION GmbH.

 

7.   Legal warranties

Pursuant to the legal provisions in force, the Customer benefits from the legal warranties of conformity and the legal warranties against hidden defects.

Arvato DISTRIBUTION GmbH is bound by a legal warranty of conformity in accordance with articles L. 217-4 to L. 217-12 of the French Consumer Code:

  • The Customer may benefit from a period of two (2) years from the delivery of the product to take any action;
  • The Customer may choose to have the product either repaired or replaced, subject to the cost-related terms provided for in Article L. 217-9 of the French Consumer Code;
  • During the two (2) years following the delivery of the product, the Customer is not required to provide proof that the product is not in conformity.

The legal warranty of conformity operates independently of any commercial warranty that is granted (for more information on such warranty, please refer to the pour plus de renseignements sur cette dernière, please refer to « Care Plus » terms and conditions, also available on www.iqos.com website).

Finally, the Customer may decide to implement the warranty against hidden defects of the item sold within the meaning of Article 1641 of the French Civil Code (code civil). In this case, the Customer may choose to either terminate the sale or accept a reduction of the sale price in accordance with Article 1644 of the French Civil Code.

In accordance with the regulations in force, the articles of the French Consumer Code and the French Civil Code that the Customer may rely on are reproduced in full below:

Article L. 217-4 of the French Consumer Code:

"The seller must deliver goods that are in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. The seller shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation whenever such installation is the responsibility of the seller under the contract or has been carried out under the seller's responsibility.”

Article L. 217-5 of the French Consumer Code:

“The goods are in conformity with the contract:

1)  if they are suitable for the use usually expected of similar goods and, if applicable:

-  if they correspond to the description given by the seller and have the qualities that the seller has presented to the buyer in the form of a sample or model;

-  if they exhibit the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or their representative, in particular those that are made in advertising or labelling;

2)  Or if they possess the characteristics defined by mutual agreement between the parties or are suitable for any special use requested by the buyer which has been brought to the seller's attention and which the seller has accepted.”

Article L. 217-12 of the French Consumer Code:

“The action resulting from the lack of conformity shall be time-barred after two years from the date of delivery of the goods.”

Article L. 217-16 of the French Consumer Code:

“If, during the course of the commercial warranty granted to a buyer at the time of the acquisition or repair of moveable property, the buyer requests that the seller carry out any repairs covered by the warranty, any period of at least seven days during which the property is out of use for repair shall be added to the remaining term of the warranty. This period shall run from the date of the buyer's request for repair or the date on which the goods in question are made available for repair, if this is subsequent to the request for repair."

Article 1641 of the French Civil Code:

“The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if they had known of the defects.”

Article 1648-1 of the French Civil Code:

"An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.”

8.   Intellectual Property

The Philip Morris France SAS trademark, as well as all the figurative or non-figurative brands, and more generally all the other trademarks, illustrations, images and logos appearing on the Products, their accessories or their packaging, whether registered or not (the "Philip Morris Trademarks") are and remain the exclusive property of Philip Morris France SAS or are granted under licence to Philip Morris France SAS.

The Arvato trademark, as well as all the figurative or non-figurative brands, and more generally all the other trademarks, illustrations, images and logos appearing on the Products, their accessories or their packaging, whether registered or not (the " Arvato Trademarks") are and remain the exclusive property of Bertelsamnn / Arvato or are granted under licence to Arvato DISTRIBUTION GmbH.

The Website and all graphic, textual, visual and photographic elements contained therein, including but not limited to all illustrations, images, drawings, photographs, characters, texts, decors, presentation modes, graphics or any other element of the Website (hereinafter the "Content") are and remain the exclusive property of Philip Morris France SAS or are licensed to Philip Morris France SAS and are protected in particular by intellectual property rights.

Under no circumstances may the Philip Morris and/or Arvato Marks, the Website and/or its Content be modified, reproduced, represented, distributed, displayed, marketed, and/or incorporated into a derivative work or any other work, either in whole or in part, on any medium whatsoever. As a general rule, the Philip Morris and/or Arvato Trademarks, the Website and its Content may only be used for the purpose of browsing the Website and, where applicable, for placing an order.

It is strictly forbidden to use all or part of the Philip Morris and/or Arvato Trademarks, the Website and/or its Content (in particular by downloading, reproducing, transmitting or representing them) for any purpose other than those provided for in these GTCS.

9.   Personal Data

When the Customer browses the Website, creates a personal account and / or places an order, Philip Morris France SAS and Arvato DISTRIBUTION GmbH collect and process the personal data that the customer transmits.

Philip Morris France SAS and Arvato DISTRIBUTION GmbH, both data controllers, undertake to protect this personal data.

For more information on how Philip Morris France SAS collects, uses and processes personal data, the Customer is invited to consult the Philip Morris France SAS privacy policy available here (https://www.pmiprivacy.com/en/consumer).

With regard to the data processed by Arvato DISTRIBUTION GmbH:

Arvato DISTRIBUTION GmbH (German company with registered office at Gottlieb-Daimler-Straße 1, 33428 Harsewinkel, Germany, phone number: +33 3 21 13 66 92, email

address: contact.iqos@arvato.fr) informs the Customer that he processes his personal data transmitted to him by Phillip Morris France (namely: surname, first name, telephone, email, billing and delivery addresses) as well as the bank data related to the payment of the order that are collected directly by Arvato DISTRIBUTION GmbH.

The processing of the personal data of the Customer by Arvato is implemented for the purposes of the execution of the order and its consequences (including warranty, right of withdrawal if applicable, etc.) as well as for the follow-up of the customer relationship. The legal basis of the treatment is thus the execution of the contract.

To allow a good treatment of your order and in particular to allow an adapted follow-up and an optimal delivery, your personal data are communicated to the companies of the same group as Arvato DISTRIBUTION GmbH, as well as to their service providers and subcontractors around the world intervening for the needs of the execution of your order. Some of them are located   outside the European Union in countries that do not necessarily benefit from a decision of adequacy rendered 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 the legislation in force. A copy of these data protection mechanisms is available via: https:

//www.cnil.fr/sites/default/files/typo/document/CCT-2010-Ss_Traitants_VF.pdf

Your personal data are not retained beyond the time necessary for their processing and, in any event, for a maximum of ten years from their collection or the last contact initiated with Arvato DISTRIBUTION GmbH.

The Customer may at any time access his personal data, request their rectification, request their removal or limitation for legitimate reason in accordance with the legal provisions. In some cases, he may oppose a treatment for reasons related to his particular situation or 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 contact.iqos@arvato.fr.

If you believe that your rights were not respected as part of this treatment or that the implemented device did not comply with the rules for the protection of personal data, we invite you to contact us directly to the contact details above. You can also, if necessary, submit a complaint online to the CNIL or by post.

10. Governing law – disputes

These GTCS are subject to French law.

In the event of any complaint or dispute, the Customer must first contact Philip Morris France SAS customer service on  0800  814  814  (non-premium  rate number when calling from a fixed line in metropolitan France), or by  clicking on the "Contact Us" section at www.iqos.com. Customers may also contact Arvato DISTRIBUTION GmbH: contact.iqos@arvato.fr .

The parties undertake to settle the dispute out of court before taking any legal action or resorting to a mediation procedure.

In the event that a written complaint by the Customer to Arvato DISTRIBUTION GmbH's customer service department is unsuccessful or if said service fails to respond thereto within one (1) month,  the  Customer  may  choose  any alternative dispute resolution method and/or  access  the  European  online dispute resolution platform at the following address: http://ec.europa.eu/odr, and either or both of the foregoing shall attempt, in complete independence and impartiality, to settle the dispute out of court.

The Customer remains free to accept or refuse the use of mediation and, in the event of mediation, each party is free to accept or refuse the solution proposed by the mediator.

The French courts shall have sole jurisdiction in the absence of an out-of-court settlement.

11. Miscellaneous provisions

In the event that one or more of the provisions of the GTCS are held to be invalid or unenforceable by a competent court or by applicable law or regulation, such provision shall be abolished without this affecting the validity and enforceability of the other provisions of these GTCS. Should Arvato DISTRIBUTION GmbH fail to rely on any provision of these GTCS, this shall not constitute a waiver of such provision or of the right to subsequently rely on such provision and/or to claim compensation for any breach of such provision.

GENERAL CONDITIONS OF LOAN TO TRY IQOS AT HOME

Date of the last update: 24/04/2020

The Website http://IQOS.com (the "Website") is published by the company Philip Morris France SAS, 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: contact.fr@iqos.com ("Philip Morris France SAS"). 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: contact.iqos@arvato.fr (the "Lender").

The Website is hosted by Salesforce.com Germany GmbH, Erika-Mann-Str. 31, 80636 München, Germany.

  1. 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 the order of the Property loaned by the Borrower, payable by the latter (i) then buy the Loaned Property or (ii) return it to the Lender.

The Borrower agrees to use the Loaned Property according to the documentation and instructions provided by the Lender and Philip Morris France SAS 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.

1.2. Eligibility

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;

•        have never purchased an IQOS equal to or greater than version 2.4 Plus or 3 DUO or have had a trial more than six months previously;

            2. Description of the Loaned product

2.1. Features

The Loaned Property will more precisely consist of the following elements:

1 pocket charger IQOS 2.4 Plus or IQOS 3 DUO

1 IQOS 2.4 Plus or IQOS 3 DUO

1 power adapter (white or grey)

1 Charging cable (white)

1 IQOS cleaning tool

10 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 SAS, 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 SAS Customer Service by email contact.fr@iqos.com, calling the 0800 814 814.

2.2. Availability

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: http://IQOS.com/fr/fr/essayer

•        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 SAS (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 SAS 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 SAS.

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 SAS 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 SAS 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 SAS 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 SAS 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 (eg, 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 order 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 thirty (30) calendar days from the 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 thirty (30) calendar days from the 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 returned by the Borrower to the Lender within a maximum period of thirty (30) calendar days from return request of the Borrower placed on his personal account. More precisely, the return package on which the return label will have been affixed must be deposited in a post office no later than the above time limit.

            5. If after the period of thirty (30) calendar days from the return request of the Borrower placed on his personal account, the Borrower had not returned the Loaned Property, although it indicated that it wished to return it under the period of thirty (30) days mentioned above, it will be debited from the amount will correspond 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 SAS, 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.

            6. Intellectual property

The Philip Morris France SAS 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 SAS or are licensed to Philip Morris France SAS.

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 SAS or are licensed to Philip Morris France SAS 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.

            7. Personal data

When the Borrower browses the Website, creates a personal account and / or places an order, Philip Morris France SAS 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 SAS, 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 SAS 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 SAS (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 data-privacy@arvato.fr

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.

Regarding the payment data processed by Worldpay: Payment details will be collected by Worldpay for processing the Credit Card transaction, in accordance with the Privacy Policy mentioned above, and in accordance with the retention periods provided by the company policies.

 

 

8. 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 SAS 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: contact.iqos@arvato.fr.

    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.

9. Miscellaneous

    In the event that one or more of the stipulations of the T&Cs is considered to be invalid or not enforceable by a competent court or by applicable law or regulation, this / these stipulation (s) ) will be deleted without affecting the validity and enforceability of the other provisions of these T&Cs.

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.

 

 

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