General Terms and Conditions of Sale
Last updated: [June 24, 2020]
PMI (Philip Morris International) offers a variety of quality, scientifically substantiated smoke-free products that are much better choices than continued smoking. Our vision is that our smoke-free products will one day replace cigarettes.
GOOD CONVERSION PRACTICES FOR PMI’s SMOKE-FREE PRODUCTS issued on pmi.com on August 16, 2019
1. Cigarette smoking causes serious diseases and is addictive. Without question, the best decision any smoker can make is to quit tobacco and nicotine use altogether.
2. PMI’s smoke-free products are for adults who would otherwise continue to smoke or use other nicotine products.
3. We do not offer PMI’s smoke-free products to people who have never used tobacco or nicotine products or who have quit using tobacco and nicotine products. Our smoke-free products are not an alternative to quitting and are not designed as cessation aids.
4. PMI’s smoke-free products are not risk free and contain nicotine, which is addictive. Switching to a smoke-free product is, however, a much better choice than smoking.
5. We support our adult smoke-free product users in their journey to full conversion through education and guidance.
6. For consumers to experience the benefits of smoke-free products, they must switch completely and abandon smoking permanently.
7. Minors should not use tobacco or nicotine in any form.
8. Pregnant women, diabetics and people with heart problems should not use any tobacco or nicotine product.
Who are we? We are a member of the Philip Morris International group of companies. We have identified ourselves to you, and given our contact details, in the Website in connection with which you have been guided here.
Limits of liability: By using the Website, you accept certain limits of liability, which we explain throughout these Terms. In summary: you use the Website at your own risk; we do not assume any liability, or make any warranties (express or implied) with respect to it or your use of it.
Use of tobacco products: Our products are designed for adult smokers only. Our products contain nicotine which is a highly addictive substance. Nicotine-containing products should not be used by pregnant or breastfeeding women or persons in ill health. Our products are not for sale or use by those under (i) 18 years old, or (ii) if the legal age required to purchase of heated tobacco products under the local law of your country is above 18 years of age, the minimum age required by law. Whilst we ensure our products are made to high standards, you acknowledge that you use our products at your own risk. IQOS IS NOT RISK FREE AND THE BEST WAY TO REDUCE TOBACCO RELATED HEALTH RISKS IS TO QUIT TOBACCO USE ALTOGETHER.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE WEBSITE.
Further terms: If you wish to use certain sections of this Website or take advantage of any promotions we offer to you through it, that may be subject to other terms and notices. If this is the case, this will be brought to your attention and in some situations you may be required to read and confirm your acceptance of any such items before continuing.
Changes to these Terms: We may amend these Terms from time to time. If we do, we will notify you of such changes the first time you log on to the Website following such changes. If you then continue to use the Website, your use will mean you accept the updated Terms. The date at the top of this page shows when these Terms were last updated.
Use of the Website
The Website is intended to be used by adult tobacco users aged 18 and above who want to continue to enjoy tobacco products or other nicontine-containing products (“Intended User”), and who reside in the country where indicated in our contact details. If you do not meet these requirements, you must not use the Website.
To set up an account for the Website, you must give us some personal information to enable us to verify your eligibility to use it. Typically, this may be smoking status, name, age, country of residence and e-mail address/telephone number. We will hold this in accordance with our PMI Consumer Privacy Notice.
It’s important for you to provide us with accurate, complete and up-to-date information for your account. You agree to keep it accurate, complete and up-to-date. You agree that you won’t disclose your account password to anyone. You’re responsible for all activities that occur under your account, whether or not you know about them.
You may not use anyone else’s password or account. You may not attempt to gain unauthorized access to the Website. Should you attempt to do so, assist others to do so, or distribute instructions, software or tools for that purpose, we will close your account. If anyone other than you uses your account, we may suspend or terminate your account (see the section entitled “Modification and suspension of the Website” below). You must promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security of which you become aware that involves your account or the Website.
Modification and suspension of the Website
We reserve the right to modify, suspend, or terminate operation of or access to the Website, or any portion of it, at our discretion any time. For example, we may terminate operation of the Website for users if we have reason to believe that the Website is being used by someone who is not an Intended User or for any fraud or irregularities.
We may also update the Website and change the content at any time. Although we make reasonable efforts to update the information on the Website, note that any content on it may be out of date at any given time, and we are under no obligation to update it.
We may also interrupt the regular operation of the Website, or any portion of it, as necessary to, among others, perform routine or non-routine maintenance, to correct errors, or to make other changes.
Use of the Website and Materials
The Website and all its contents (including messages posted on the forum, software, files, graphics, data, images and other material) (“Material”) are the exclusive property of us, our affiliates, or our licensors (or any combination of the foregoing), and are protected by law in your country as well as in other countries.
All intellectual property rights in the Material are reserved by us or our licensors. You may not use, modify, copy, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, broadcast, edit, adapt or create a derivative work of, or reverse engineer, in any manner, any part of the Website or any Material.
The Website and the Material are provided solely for your personal, private use. You may not use them for any other purposes (for example, you may not use them for business or commercial purposes). Note the paragraph on “Limit of Liability” below.
The Website may include links to third party websites. These links are provided for your convenience only. As we have no control over such websites, and we do not review them, please note that:
- we do not endorse them, we are not responsible for them, and we make no promise in relation to them: in particular we are not responsible for the terms on which such websites are made available or their privacy practices, their availability, their content, advertising, products, or other materials, services or information on or available from them; and
- if you access any such websites, you do so at your own risk.
You may not frame, link or deep-link to the Website to any other website.
Privacy and cookies
To the extent that in the Website we collect any personal information about you, we will collect and process it in accordance with our Privacy Notice. Please read it to find out more about what personal information we collect about you, how we use it, with whom we share it, how we protect it, your rights and how you can exercise them.
You should review PMI’s Privacy Notice and Cookie Notice before using the Website and, like these Terms, we may change them at any time.
These paragraphs apply if the Website allows you to post materials on it
You warrant that all tangible and intangible materials and ideas, including text, drawings, designs, photographs, videos, sketches, that you post on the Website (“Materials”) are your original work in which you own the related intellectual property rights. You also warrant that the Materials do not and will not infringe any third party’s intellectual property rights.
By posting the Materials on the Website you: (a) assign to us all rights to, and intellectual property rights in, the Materials; (b) relinquish, to the fullest extent permitted by law, all rights to such Materials and waive any moral rights in them (including the right to be named as the author of such Materials); and (c) acknowledge that we (and those whom we (directly or indirectly) permit) shall have unrestricted use of the Materials, including using, altering, duplicating, or combining them in all forms and for all media.
Although we do our best to provide an informative Website that you will enjoy using, unless where we have expressly set out to the contrary in these Terms, the Website is made available to you on an “as is” basis. Also:
(a) it is your responsibility – not ours – to ensure that the Website is suitable for your intended purposes when you use it;
(b) we accept no liability to you in respect of the Website (subject to the paragraph on “Limit of Liability” below); and
(c) we accept no liability as to the suitability or fitness of the Website in meeting your needs and, to the fullest extent permitted by law, we exclude all express or implied promises and warranties, including:
- that the Website, or any content contained in or delivered via the Website or otherwise made available in connection with the Website, is accurate, complete, timely, up-to-date, suitable, or will operate in an error-free manner;
- that access to the Website will be uninterrupted, or error-free; and
- that the Website, or the computer systems from which the Website is made available, are free of viruses or other harmful components.
Limit of Liability
We do not exclude or limit liability that cannot be excluded or limited by law, liability for death or personal injury caused by our negligence, or liability arising out of our fraudulent misrepresentation or gross negligence.
We will not be liable to you for any loss or damage arising out of your use of the Website in breach of these terms, or caused by technologically harmful material or actions (such a virus or a distributed denial-of-service attack) that may affect your computer equipment, computer programs, data or other material in connection with your use of our Website or on any website linked to it. To the fullest extent permitted under applicable law, you understand and agree that neither PMI nor any of its respective affiliates, subsidiaries or third party content providers shall be liable for any direct, indirect, incidental, special, exemplary, consequential, punitive or any other damages relating to or resulting from your use or inability to use the Website or from any actions we take or fail to take as a result of your communication with us.
You acknowledge and agree that the operation of the Website is dependent upon the proper and effective functioning of the internet and other third party equipment and services (including your own device or web browser), and that we do not guarantee, and will not be liable for, these in any way.
We will not be liable for any special, indirect, punitive or consequential losses or damages, or any loss of data, profits, revenues, business, or goodwill. These include damages for errors, omissions, inaccuracies, interruptions, defects, delays, computer viruses, your loss of profits, loss of data, unauthorized access to and alteration of your transmissions and data, and other tangible and intangible losses.
If you cause a technical disruption of the Website or the systems transmitting the Website to you or others, you agree to be responsible for all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.
Jurisdiction and Governing Law
The laws of the jurisdiction indicated of the location we have given in the contact details of the Website (the “Jurisdiction”) govern these Terms and your use of the Website. You irrevocably consent to the exclusive jurisdiction of the courts located in the Jurisdiction (and, insofar as the parties may validly agree, the courts in the town closest to our registered office), for any action to enforce these Terms. The Website has been designed to comply with the laws of the Jurisdiction.
Other important rights that we have under these Terms
We may transfer our rights and obligations under these Terms to another organisation, 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.
How to Contact Us
Please contact us at firstname.lastname@example.org if: you believe that the Website infringes your intellectual property rights, or that it contains content that is illegal, offensive, or infringes your or a third party’s rights; or for any questions you may have about these Terms or the Website.
This website (the " Website") is owned and operated by or on behalf of PMFTC Inc. (" PM") based in the Philippines for verified adult smokers at least 18 years old and above who have been provided with a personal username and password of access. In the course of logging onto the Website, you will have been asked to read and agree to these Terms and Conditions. Therefore, by logging onto the Website, you will be assumed to have read and agreed to these Terms and Conditions and PMI’s Privacy Notice.
Our website is intended only for persons who are at least legal age users 18 years old and above in the Philippines, who want to continue to enjoy tobacco products or other nicotine containing products. We neither offer products or services to, nor knowingly collect personal data of, persons below the age of eighteen (18) years (“Minors”) without any legal basis. Should we learn that we were provided with personal data of Minors without any legal basis, we will delete the same from our database. If you are a Minor, please do not provide any personal data to us, such as your name, age, gender, email address, contact information and the like.
Use of the Website and Materials
The Website and all its contents (including but not limited to messages posted on the forum, if any, software, files, graphics, data, images and other material) (" Material") are the exclusive property of PM, its affiliates, and/or its licensors and are protected by the intellectual property laws of the Philippines as well as in other countries. The Website and the Material are provided solely for your personal use. Any other use of the Website or the Material, including but not limited to:
- using the Website or Materials for business purposes;
- distributing, sharing, copying, reproducing or publishing the Material; or
- modifying, distributing, transmitting, performing, broadcasting, reproducing, publishing licensing, or reverse engineering parts or all of the Website, without the prior written permission of PM, is expressly prohibited.
To the extent the Website includes a forum that allows interaction between users, you are hereby made aware (i) that PM, its affiliates and/or representatives acting on their behalf regularly monitors the information posted on the forum by users, and (ii) that PM reserves the right (which may be exercised at their sole discretion without notice) to delete, remove, move or edit comments or messages you have posted. PM and its affiliates also reserve themselves the right to terminate, or have terminated, your access to and use of the Website and/or forum at their sole discretion. You hereby waive any rights including any rights that you may have in regard to messages you have posted on this forum.
Without limiting the right of PM to reject or remove any comment or message posted in the Website, any comment or message you post or any submission you make must not:
- contain contact information (i.e., phone numbers, etc.);
- contain swear words or other language likely to offend;
- be racist, sexist, sexually explicit, abusive, or otherwise objectionable;
- be derogatory to other users or other brands;
- break the law, or condones or encourages unlawful activity;
- refer to or contain a cigarette or the use of a cigarette;
- refer to or contain alcoholic products;
- refer to or contain a minor (i.e.a person less than eighteen (18) years old);
- refer to or contain a cartoon; or
- be otherwise unsuitable in any manner.
You acknowledge that you are solely responsible for any information, data, personal views or beliefs, or any material whatsoever that you submit for display on the forum, including the accuracy, legality, reliability and appropriateness of all such information, data, personal views or material. In posting messages on the forum, you must not:
- post, link or otherwise publish any messages containing any form of advertising or promotion for products or services, chain messages or “spam”;
- post, link to or otherwise publish any messages with recommendations to buy or refrain from buying a particular security or which contain confidential information of another · party or which otherwise have the purpose of affecting the price or value of any traded security;
- post, link to or otherwise publish any messages that are unlawful, threatening, discriminatory, abusive, libelous, indecent, infringe copyright or other rights of third parties or which contain any form of illegal content;
- disguise the origin of any message;
- impersonate any person or entity (including forum users or hosts) or misrepresent any affiliation with any person or entity;
- post or otherwise publish any messages unrelated to the forum;
- post or transmit any messages that contain software viruses, files or code designed to interrupt, destroy or limit the functionality of the Website or any computer software or equipment; collect or store other users' personal data; or
- restrict or inhibit any other user from using the forum.
PM may contribute material to the forum in order to stimulate discussions and ensure the smooth running of the forum.
The forum may also contain messages from special guests invited by PM. The opinions of such guests are personal and do not necessarily represent the views of PM. Additionally, messages will be submitted by users over whom PM has no control. It is possible that some users will breach the above-listed rules, but PM has no responsibility in that regard. You acknowledge that PM cannot guarantee the accuracy, integrity or quality of the messages posted on the forum and that PM cannot be held liable for their contents. You also acknowledge that you bear all risk associated with your use of the forum and should not rely on messages in making (or refraining from making) any specific investment or other decisions.
Posting Developed Materials
You acknowledge, represent and warrant that all tangible and intangible materials, including texts, drawings, designs, photographs, videos, sketches, and all other materials and ideas, which you have posted on the Website (" Developed Materials") are your original work for which you have the related intellectual property rights or work to which you have obtained exhaustive intellectual property rights. You also acknowledge, represent and warrant that such Developed Materials do not and will not infringe the intellectual property rights of any third party.
You acknowledge and agree that by posting the Developed Materials on the Website you relinquish all rights to such Developed Materials and that such Developed Materials shall belong to PM (unless PM notifies you otherwise) and shall be subject to PM’s and its designees’ unrestricted use.
You acknowledge and agree that by posting Developed Materials on the Website, you automatically and irrevocably assign to PM all intellectual property rights therein, free and clear of any liens, claims or other encumbrances, to the fullest extent permitted by law, as from the date of creation of such Developed Materials and you waive any moral rights there into the fullest extent permitted by law.
All Developed Materials may be used, altered, duplicated and/or reproduced in all forms and for all media, whether known or unknown, including all electronic media, worldwide, by PM and its designees. You hereby agree to any alteration, modification or combination of any Developed Materials. PM may combine any Developed Materials with any other elements, information, materials, works or designs to which PM has or may obtain rights from any source. You acknowledge and agree that you shall not receive any form of compensation for use of the Developed Materials in any manner and waive any right to be named as the author of such Developed Materials.
Your use of the Website is at your sole risk. The Website is provided on an "as is" and "as available" basis. PM and its affiliates expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties that the Website and Materials are non-infringing, accurate and appropriate; that access to the Website will be uninterrupted and error-free; that the Website will be secure; that the Website or the servers that make the Website available will be virus-free; or that information on the Website will be complete, accurate, appropriate and timely. If you download any Materials from the Website, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such Materials. In addition to the above, you assume the entire cost of all necessary servicing, repair or correction.
You agree to indemnify, defend and hold harmless PM and any of its affiliates or subsidiaries, and its officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising out of or resulting from any violation of these Terms and Conditions(including but not limited to negligent or wrongful conduct) by you or any other person accessing the Website using your username and password. If you cause a technical disruption of the Website or the systems transmitting the Website to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption.
Jurisdiction and Governing Law
The laws of the Philippines govern these Terms and Conditions and your use of the Website, and you irrevocably consent to the exclusive jurisdiction of the courts located in Marikina City for any action to enforce these Terms and Conditions. The Website has been designed to comply with the laws of the Philippines...
For inquiries relating to your personal data or about this policy, or if you would like to exercise any of your rights as Data Subject or if you would like to raise concerns regarding data privacy, you may contact our Data Privacy Officer at email@example.com.
We urge you to submit your inquiries, request or concerns in writing. Kindly provide our DPO with the factual background, documentary evidence, if any, and your contact details and please use the title “Data Privacy Concern / Request / Inquiry” for your email.
GENERAL TERMS AND CONDITIONS OF SALE
Last update: [July 22, 2020]
The IQOS Philippines website (the “Website”), owned by Philip Morris International and its affiliate in the Philippines, PMFTC Inc. (PMFTC). The online store of the Website is operated and all orders are fulfilled by Activasia Inc. (or AAI), as an authorized distributor in the Philippines of PMFTC Inc. products sold in IQOS.com. Activasia Inc. Address: 291 Saint Joseph St. Oranbo Drive Brgy. Oranbo, Pasig City 1600 Contact No.: (02) 8634-3162.
1. PURPOSE AND SCOPE
These general terms and conditions of sale (the "GTCS") apply to all orders placed on the Website for the purchase of products offered on the Website (the "Product(s)"). Before being able to place a valid order on the Website, you must be a legal age user (minimum 18 years old) of tobacco products or other nicotine-containing products (“Customer”).
The GTCS govern the contractual relationship between AAI and the Customer. The GTCS apply exclusively to Products ordered and delivered in the Philippines.
The Customer undertakes not to purchase Products on the Website with an end in view of reselling them. IQOS is for adult (minimum 18 years old) smokers who would otherwise continue to smoke, and for users of nicotine containing products. IQOS is not risk-free and is addictive. Only for use by adults 18 years old and above.
The GTCS are accessible to the Customer on the Website where these GTCS 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, a link to the GTCS shall be included in the order confirmation email sent to the Customer. AAI 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 of the date on which they are put online.
AAI 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 the Customer by means of a checkbox provided for this purpose which includes a hypertext link to the said GTCS.
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. PMFTC Inc., 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 color, 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 or other similar 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 check the description of each Product to learn about its features and characteristics. In the event of any doubt, or to obtain additional information on the Products, you can contact IQOS Customer Care by chat: Facebook.com/ph.iqos, by email: firstname.lastname@example.org and by phone: #983838.
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.
AAI makes every effort to keep up to date the information on the availability of the Products on the Website. Customer will not be able to proceed with a transaction in case a Product is tagged as “Out of stock.”
In accordance with applicable laws and regulations, AAI reserves the right to refuse or cancel an order for legitimate reasons (for example, orders for abnormal quantities, orders not meant for personal consumption, due to irregularities, orders placed in bad faith, in breach of the GTCS or orders placed by a Customer with whom a dispute exists relating to a previous order).
Orders that are cancelled under the above conditions will be refunded within a maximum period of fourteen (14) days following the cancellation of the order or 30-45 days for Credit Card transactions depending on the bank.
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. In addition, issuance of e-vouchers, e-coupons or other similar electronic rewards as part of promotional programs may also be subject to delays due to system or technical issues; or
· System or technical issues and limitations affecting the programs, promotions or processing of orders or transactions in the Website.
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 Website are sold only to Customers as end-consumers. The Customer agrees not to proceed with purchases of Products on the Website for resale and declares that his/her purchase of Products is unrelated to a commercial activity.
Customer agrees not to sell, resell, distribute or make available to others, or otherwise use or exploit for any commercial purposes (including, without limitation, in contests, sweepstakes and/or giveaways) any of the Products and services offered in this Website without prior written permission of PMFTC and/or AAI. Any person or entity that sells, resells, distributes or makes available to others, or otherwise uses or exploits any Products or services offered in this Website for commercial purposes without such prior written permission will void any warranty and may be subject to civil and/or criminal action, as prescribed by law.
In general, AAI reserves the right not to honor any order that does not correspond to a retail sale or that is fraudulent (or reasonably presumed to be fraudulent, as flagged in the e-commerce platform) or considered to be part of illicit trade. AAI reserves the right, in this context, to limit the quantities of Products ordered by the same Customer (same first name and last name, same address and/or same email address and/or same phone number) to a maximum of 4 (four) devices per quarter and/or maximum 6 (six) devices per year (devices include both Kits and Single Line-Ups) and/or 15 (fifteen) cartons of HEETS per quarter, being specified that in any case, no order made by the same Customer and exceeding [a total amount of Php15,000] excluding taxes will be accepted by AAI.
Customer agrees to immediately inspect the Products purchased upon receipt. Please report damaged, incorrect, or incomplete orders to us immediately by contacting IQOS Customer Care by chat: Facebook.com/ph.iqos, by email: email@example.com and by phone: #983838, or informing the courier.
We do not repair damaged devices nor do we provide spare parts for repair.
2.4. 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/mobile number - any mandatory information shall be followed by an asterisk).
In this respect, the Customer hereby warrants that the information they have provided in the registration form when creating their personal account is accurate and complete. AAI shall not be held liable and may cancel a customer’s order in the event that the Customer has provided incomplete or incorrect information which prevents AAI 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.
The 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. AAI shall not be liable to the Customer for any damage suffered as a result of the unlawful use, fraudulent use or misuse of their username and password and any order for Products placed by any person whom the Customer has not authorized to place orders.
It is the Customer's responsibility to notify AAI immediately if an unauthorized person has placed an order for Products with their username and password, as well as if they lose or forget their username and password.
PMFTC reserves the right to close any account, in particular at the request of AAI, in the following cases:
- dispute concerning one or more previous orders;
- any misuse or any unfair, fraudulent or illegal use of the ordering service offered on the Website or non-compliance with any of the Customer's obligations defined in these GTCS; or
- Customer’s breach/violation of the GTCS
2.5. Ordering process
To place orders on the Website, Customer must:
- log-in to their IQOS account at IQOS.com. A user without an account must register first in order to log-in.
- select the Product(s) and the desired quantities (subject to the limitations provided in this GTCS) by adding them to their shopping cart;
- view the shopping cart containing the selected Products once they have finished making their selection. This step allows Customers to make any changes to the shopping cart before validating it, where applicable;
- validate the shopping cart;
- select the delivery method (with precise costs and delivery schedule) and enter their delivery and invoicing addresses;
- validate their delivery method;
- select their payment method (credit card, debit card, GCash or cash on delivery) to finalize the order.
- view a summary of their order. At this stage, Customers must check the details of the order, along with the method and terms of delivery. Customers may correct any errors identified in the Order;
- confirm their order by ticking the box indicating acceptance of the GTCS and clicking on the "Place order" button;
Following payment of the order, AAI will acknowledge receipt of the order electronically by sending the Customer a confirmation email, including a link to the GTCS.
To facilitate the delivery, Customer must prepare any of the following valid government-issued IDs as proof of age for purposes of verification: Passport, Alien Certificate of Registration, Driver’s License, Firearm License, NBI Clearance Card, Philhealth ID, Postal ID, PRC ID, SSS ID, TIN ID, Unified Multi-Purpose ID or Voter’s ID.
If you are unable to receive your order personally, you can have a Legal Age (18 years old and above) authorized representative receive it in your behalf subject to the presentation of the following documents:
- a copy of a valid government-issued ID of the representative;
- Photocopy of your valid government-issued ID;
- Signed authorization letter stating that you (the buyer) are authorizing the representative to receive the order on your behalf. The letter must contain the full name of the buyer, full name of the representative (or designation of representative in case it cannot be determined by the time the authorization letter was made who the specific person is that will receive the product on behalf of the buyer e.g. Guard on Duty for condominiums or subdivisions) and order reference number.
The courier will not be able to deliver the order if any of the above-required documents are not presented. In the event that neither the customer nor his representative is present, AAI will contact the Customer to check the next available schedule so they can deliver the item/s free of charge. In case the Customer or his representative is still not available after the second attempt, Customer’s order will automatically be cancelled if order is COD; if paid via credit card, debit card or GCash there will be an additional Php100 charge for every attempt of delivery to be paid in cash. For Credit Card transactions, there will be a maximum of 5 delivery attempts only. After the fifth failed delivery attempt, order will be automatically cancelled and will undergo the standard refund process.
2.6. Prices and terms of payment
All prices of the Products are quoted and payable in Philippine Pesos, 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.
AAI 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; Delivery is free of charge but may change from time to time, to be reflected in the Website in case it changes.
The Products remain the property of AAI until the Orders have been paid in full.
Purchases are paid for using a credit card (Visa, Mastercard, JCB, AMEX), debit card, GCash or paid upon delivery. The card is debited when the order is validated.
The Products are delivered to the address provided when ordering within identified cities in the Philippines, exclusively.
The following methods of delivery are available:
- Standard delivery (Metro Manila/Laguna/Batangas/Cebu/Rizal/Pampanga/Cavite/La Union/Boracay) - Booking made from 7:00 AM – 8:00 PM will be delivered on the same or next day.
- Standard delivery (outside Metro Manila/Santa Rosa/Batangas)- Booking made from 7:00 AM- 8:00PM 3-10 business days for delivery
Delivery shall be made within the time limits given to the Customer when the order is placed and confirmed, subject to possible delays due to among others system or technical issues, community quarantine restrictions, national and local government regulations published from time to time.
Each delivery is deemed to have been made as soon as the courier of the Products makes the delivery available to the Customer or to a representative designated by the Customer, as evidenced by the control system used by the courier. No dispute relating to the delivery per se shall be admissible if the package appears to have been delivered, it being understood that the Customer’s signature in the Track and Trace app of the courier—which has been validated by the rider to be matching with the GIID—shall be regarded as proof of delivery. During delivery, it is strongly recommended that the Customer notify the courier 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 courier before signing the delivery note and state precisely on the courier'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 order, 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 Customer is not available to receive the delivery despite the number of permitted attempts under this GTCS) or to a force majeure event.
2.8. Cancellation of Orders and Returns
After placing your order, you have [15 minutes ] to cancel by going to the ‘My Orders’ page and clicking cancel order. Online cancellation is only available between 12:01 AM to 11 PM; This means even if you are able to cancel your order within 15 minutes outside of the window period it will not take effect. Please contact IQOS Customer Care.
For order cancellations made [15 minutes ] after order completion, order cancellation is no longer feasible in the website and must be coursed through IQOS Customer Care.
Subject to the Return Policy, you have the right to return IQOS device and/or accessories purchased through the Website for a refund given the following conditions:
- You must submit the IQOS devices and accessories for return in IQOS Stores up to seven (7) days from date of purchase or you may contact IQOS Customer Care at #983838 to have the IQOS device and/or accessories picked up.
- IQOS devices and accessories for return must be unboxed or unopened, must be in their original packaging.
- Original proof of purchase must be presented. Product bundles, product purchased with discount or under promotional offers, do not qualify for refund.
Given the nature of the product/s, we will only accept returns and will issue refund if all conditions stated above are met. We will reimburse all payments received from you, excluding the costs of shipment. Refund of payments will be based on the payment method used (i.e. Cash for COD, and payment reversal for Credit Card, Debit Card, and GCash); and the turnaround time of refund will be as follows:
- Cash on Delivery (COD) – on the day of return of IQOS Device and/or accessories assuming all conditions are met, and request is approved.
- Credit Card, Debit Card and GCash – 30 to 45 days depending on the merchant
In no event will we accept return of and/or issue any refund for purchases of IQOS devices and accessories from unauthorized retailers and unauthorized online resellers, including purchases made in overseas or outside of the Philippines.
2.9. Voluntary Warranty
The Products are free from defects in material and workmanship under normal use and service for the period of twelve (12) months from the date of purchase.
What is included in your warranty
PMFTC will at its option (but without affecting the End Consumers’ statutory rights) 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. This warranty is valid only in respect of IQOS devices registered in the Philippines in IQOS.com under the IQOS Warranty Terms and Conditions in the Philippines; and accessories purchased locally and through authorized resellers in the Philippines with supporting documents (i.e. proof of purchase, warranty card). Otherwise the warranty is considered invalid.
What is excluded from your warranty
The following are excluded from the terms of this warranty:
1. Damage caused by normal wear and tear
2. Cosmetic damage (such as scratches, dents, broken plastic etc.)
3. Damage caused by misuse, power surge, improper handling, liquid contact or fire
4. Malfunction due to use with non-compatible product
5. 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
6. Damage or malfunction caused by failure to use as described in the associated IQOS User Guide
3. INTELLECTUAL PROPERTY
The Philip Morris International and PMFTC trademarks, 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 PMFTC or are granted under license to PMFTC.
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 PMI/PMFTC or are licensed to PMFTC and are protected in particular by intellectual property rights.
Under no circumstances may the Philip Morris Trademarks, 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 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 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.
4. PERSONAL INFORMATION AND PRIVACY POLICIES
AAI will collect, process and use the personal/sensitive personal information of Customer collected by AAI or transmitted to AAI by PMFTC as well as the bank data related to the payment of the order that are collected directly by AAI.
The collection, processing and/or use of the personal/sensitive personal information of the Customer by PMFTC and AAI is for, among others, operating the online store at IQOS.com and processing and fulfilling of the orders and its consequences (including warranty, cancellation of orders if applicable, illicit trade prevention, etc.) and providing communication to the Customer about the product, promotions and after sales services and other programs and activities.
- Full name, address, contact numbers, birth date and/or age, employment information, bank account details, financial account information, financial history and details of government-issued identifications (for verifying that the user is of legal age);
- other information from which your identity may not be apparent or which may not reasonably and directly identify you, such as, but not limited to, records of your visits and information you submit when using the Website; and
- information from third parties, in each case with the consent and authority from the user; and
- traffic and usage information generated from your visits to the Website.
to be obtained upon your registration in this Website or upon your application to avail any of the Website’s products and services shall be collected, used, processed, disclosed, retained, stored, and protected by PMFTC and AAI in accordance with their respective Privacy Policies and these General Terms and Conditions of Sale:
- The Personal Information may be collected through the following means: cookies, flash cookies, general log information, information obtained from your employer, and referral information from third-party websites.
b. In order to fulfill and deliver your order, your personal/sensitive personal information are communicated to AAI.
- The Personal Information may be disclosed to the following: (a) PMFTC’s or AAI’s principal or partners, affiliates and subsidiaries, service providers, agents (including collection agencies), and subcontractors, which are necessary for the conduct of PMFTC’s or AAI’s business, as provided in their Privacy Policies, and on a need-to-know basis; (b) the government, regulatory agencies, and fraud prevention agencies for the purposes of identifying, preventing, detecting or tackling fraud, illicit trade, money laundering, or other crimes, and for other lawful purposes; and (c) other entities as may be required by law or as public interest may warrant. In the event that your Personal Information is shared to any third party for the purposes described above, such sharing shall be subject to a data sharing agreement or an outsourcing agreement which shall require, among others, that such third party is bound to exercise the same diligence in the protection of such Personal Information.
- We shall retain your Personal Information (i) for the duration of your activities and transactions in connection with the products and services availed; (ii) for the establishment, exercise or defense of a legal claim; (iii) for legitimate business purposes; or (iv) in instances required by law. Your Personal Information shall then be disposed in a secure manner that would prevent further processing, unauthorized access, or disclosure to any other party or the public, or prejudice your interest.
The Customer may at any time access his/her personal/sensitive personal information, request their rectification, request their removal or limitation for legitimate reason in accordance with the legal provisions. In some cases, he/she may oppose a treatment for reasons related to his particular situation or exercise his/her right to the portability of his data. All or part of these rights can be exercised by sending a request by contacting IQOS Customer Care by chat: Facebook.com/ph.iqos, by email: firstname.lastname@example.org and by phone: #983838.
You must provide complete and accurate information about yourself during the registration process and you have an ongoing obligation to update this information if and when it changes.
While adequate safeguards as required under the Philippine Data Privacy Act of 2012 and its implementing Rules and Regulations are implemented, we do not give any guarantee or warranty with respect to the same. You hereby acknowledge that you provide your Personal Information at your own risk.
5. GOVERNING LAW – DISPUTES
These GTCS are subject to Philippine Law.
The parties undertake to attempt to amicably settle any 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 IQOS Customer Care is unsuccessful or if said service fails to respond thereto within one (1) month, the Customer may choose any alternative dispute resolution method.
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.
6. 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 AAI 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.