General Terms and Condition of Sale
Last updated: 17 June 2020
You have been guided here in connection with sales which is operated by PT Persada Makmur Indonesia, a subsidiary of PT HM Sampoerna Tbk. and affiliate of the Philip Morris International Inc.
What is a “touchpoint”? In these terms, we refer to any method by which you are in contact with us as a “touchpoint”. Some touchpoints are digital – for example, apps and websites.
Who are we? We are PT Persada Makmur Indonesia and/or PT SRC Indonesia Sembilan, a subsidiary of PT HM Sampoerna Tbk. and affiliate of the Philip Morris International Inc.
Who is IQOS Expert? An IQOS Expert is an employee of PT Persada Makmur Indonesia and/or PT SRC Indonesia Sembilan, with whom you first registered to get your username and password, and shall be your main contact person for this touchpoint. Any change to the IQOS Expert assigned to you will be communicated to you by email.
How do you accept these terms? If you use the touchpoint and/or place an order through the touchpoint, you accept these General Terms and Condition of Sale (“Terms”). If you do not agree to be bound by these Terms, do not use the touchpoint or place an order. These Terms will be drawn to your attention after you log on (i.e. insert your username and password) to the touchpoint for the first time. These are important provisions relating to your use of the touchpoint: you should read them before using the touchpoint as they are binding on you.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE TOUCHPOINT.
We do our best to make sure everything works perfectly, but if it doesn’t you can contact our IQOS Expert or contact us via email at firstname.lastname@example.org to find the best solution to your problem.
IQOS devices that get an official warranty:
- Every device purchased at IQOS CLUB Indonesia.
- For device purchased outside IQOS CLUB Indonesia, member can only get 1 replacement by providing the device official serial number and completing compulsory validation process. (Important note: This program only applicable in Indonesia and can be terminated at any time without prior notification).
We are pleased to offer a 12 (twelve) months warranty from the date of purchased on the device that bought from IQOS CLUB Indonesia. If you cannot show official proof of purchase from IQOS CLUB Indonesia, we will check the production date of your device. For this, the warranty applies to 15 months from manufacture date of the device.
In order to be entitled for the warranty, kindly ensure that you keep the original receipt. This warranty covers the following individual components of IQOS Device: Pocket Charger, Holder, AC Power Adaptor, and USB Cable.
Our warranty provides cover against faults and breakage during normal use. This means that if your product develops a fault during the warranty period, we’ll arrange for it to be repaired or replaced free of charge.
During the warranty period, if your product stops working properly, and this is not because of one of the reasons listed below in “What’s not included?”, check any user guides contained in the product packaging.
If you still can’t resolve the issue, please contact our IQOS Expert or contact us via email at email@example.com. You’ll need to provide us with details of your product and the date of purchase. We can perform a brief fault diagnosis with you over the telephone, to attempt to identify the root cause of the issue. If this diagnosis suggests a manufacturing fault, it may be possible to ship a new replacement item out to you immediately following the collection of the original product by us through the IQOS Expert.
Once we’ve received the product, if we can’t repair it and it doesn’t fall under “What’s not included?" below, we’ll replace it with a product of equivalent specification. If no equivalent product is available we‘ll discuss an alternative remedy with you. We’ll always do our best to make sure that you’re satisfied with the outcome.
If you return a product to us which is not faulty, then we may return the items to you or offer you a replacement at your cost.
What’s not included?
There are some specific exclusions from our warranties, as follows:
- Products which have been used for more than 7,300 cycles
- Accidental damage, for example if your product has been dropped
- If the product has been used commercially or for business purposes
- Cosmetic wear and tear such as scratches, dents, corrosion or color where the function of the product is unaffected
- Any loss suffered as a result of not being able to use the product, or any loss over and above the purchase price of the original item
- Servicing, inspecting or cleaning of the product; and failure to follow our instructions for use
- Deliberate damage or neglect of the product
- If the device malfunctions due to usage of cigarettes or products not approved by the manufacturer, the IQOS device is not covered by warranty. The IQOS device is intended for use only with HEETS or similar products approved by Philip Morris International.
This does not affect your statutory rights.
If you’re buying a new electrical item from us, we will recycle your old one for free. We’ll then store it and dispose of it in an environmentally sound way. Just hand in your old device when you purchase a new item.
Please do not throw any electrical equipment (including those marked with the crossed out wheeled bin symbol) in your bin. Any of our products marked with a crossed-out wheeled bin symbol on the packaging can be recycled.
We reserve the right not to accept any orders received by us. Non-acceptance of an order may be a result of one of the following:
- The product you ordered is unavailable from our stock
- Our inability to obtain authorization for your payment and/or suspected fraud
- The identification of a pricing or product description error
- Our inability to deliver to your specified delivery address
- You are not meeting the eligibility criteria set out in These Terms, including us suspecting that you are not 18 years old and above
- IQOS Club Indonesia is currently still in the limited market testing stage and is only intended for directly registered IQOS Club Indonesia members. Therefore, we implement a maximum transaction quota for every IQOS Club member, which is 2 devices and 9 cartons of HEETS or equivalent to Rp. 6,000,000, - (including accessories purchase transactions) within the last 30 days. IQOS Club Indonesia have the right to cancel your order without prior notice if the order does not comply with the Terms and Conditions of Sale.
All payments for your order must be in Indonesian Rupiah and made through the preferred payment channel provided by DOKU. You must pay the total amount charged for your order (including any applicable taxes, transfer fee and service charges) and confirm the payment within 2 x 24 hours since we receive your order. If you fail to make and confirm the payment within that time, your order will be cancelled automatically and you will have to repeat your order.
Any refund request for the order can only be done should there is any system error for example double credit. Each refund’s case will be reviewed by our team before we proceed with the refund.
Following confirmation of payment, delivery of the product(s) shall be made to the address specified in your order. You will be sent a confirmation email as soon as your order has been processed. Delivery will be made by our third party delivery service provider, i.e. GO-Send (if delivery address is within Jakarta) or other reputable courier services (if delivery address is outside Jakarta). Product(s) orders placed and confirmed to have been paid before 8:00 p.m. Western Indonesian Time (excluding public holidays) will be shipped the same day. Product(s) orders placed and confirmed to have been paid after 8:00 p.m. Western Indonesian Time (excluding public holidays) will be shipped the next day. Delivery cost is included in your total charged amount. We will immediately inform you if we are unable to ship you the product(s) on time.
Upon the delivery of the product(s) to the designated address, you are responsible to ensure that the person receiving and signing the receipt of product(s) delivered is already 18 years old and above.
You agree to inspect the product(s) for any obvious faults, defects or damage before you sign for delivery. You need to keep the receipt of the delivered product(s) in case of future reference to us about it.
Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provided us and arrange for cancellation of the order, or delivery to an alternative delivery address.
If the product delivered is not the product you ordered, faulty, defect, or damaged, please contact our IQOS Expert or contact us via email at firstname.lastname@example.org within 1 x 24 hours after product(s) delivery has been completed. After we verify your complaint, we’ll ship the new replacement product within 1 x 24 hours. Same delivery provisions will apply. For the avoidance of doubt, we will not charge you for the delivery cost of the replacement.
Other important rights that we have under these Terms
We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights under these Terms.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our right to enforce any such failure against you, or that you do not have to comply with those obligations. If we do decide to waive our right to enforce a default or breach of these Terms by you, we will do so only in writing.
Each of the paragraphs of these Terms operates separately. This means that if any court or relevant authority decides that any of them are unlawful, illegal, or unenforceable, the remaining paragraphs will remain in full force and effect.
These Terms are not intended to give rights to anyone except you and us.
Terms and Conditions of Sale are subject to change from time to time without any prior notice.
|Jurisdiction and Governing Law
|The laws of the Republic of Indonesia (the “Jurisdiction”) govern these Terms and your use of the touchpoint. You irrevocably consent to the exclusive jurisdiction of the courts located in South Jakarta, Indonesia, for any action to enforce these Terms.