GENERAL TERMS AND CONDITIONS OF SALE – IQOS

Last update: April 1, 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

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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 legal age user (minimum 21 years old)  for the purchase of products presented 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 21 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 a view to reselling them. IQOS is for adult 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 21 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 from 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.

                                                                          2. Products

2.1. 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. PMFTC, 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, 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: contact.ph@iqos.com and by phone: #983838.

2.2. 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.

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 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 will be refunded within a maximum period of fourteen (14) days following the cancellation of the order.

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.

2.3. 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 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 portion 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 may refuse to honor any order that does not correspond to a retail sale or that is fraudulent (or reasonably presumed to be fraudulent). AAI reserves the right, in this context, to limit the quantities of Products ordered by the same Customer (same name and first name, same 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 Php15,000] excluding taxes will not be accepted by AAI.

Damaged/incomplete/incorrect orders

Customer has a legal guarantee of conformity in connection with the products purchased through the Website. Customer agrees to immediately inspect any goods 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: contact.ph@iqos.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). PMFTC passes on these information to AAI as part of the order process.

In this respect, the Customer hereby warrants to PMFTC and AAI 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 in the event that the Customer has provided incomplete information or errors and if this 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, f= 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. A user without an account must register first in order to log-in.
• select the Product(s) and the desired quantities 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 verifcation: 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 (21 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 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.

 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.

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, AMEX), debit card, GCash or paid upon delivery. The card is debited when the order is validated.

2.7. Delivery

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

The following methods of delivery are available:

·       Express Order – Booking made from 8:00AM – 6:00PM same day delivery

·       Standard Delivery – Booking made after 6:00PM will be delivered the following day

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 courier 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 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 courier's computer system shall be regarded as providing 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 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. After 15 minutes of placing your order, order cancellation is no longer feasible in the website.

Subject to the Return Policy, you have the right to return IQOS device and 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 receipt of the Products purchased.
• IQOS devices and accessories for return must be unboxed or unopened, must be in their original packaging, and must include all the promotional gifts and freebies provided during purchase (e.g. if Promotion is with free packs of HEETS, this should be returned as well).
• Original Proof of purchase must be presented. 

Given the nature of the product/s, we will only accept returns and will issue refunds if all conditions stated above are met. We will reimburse all payments received from you, (excluding the costs of shipment as delivery is free of charge to the customer), within fourteen (14) days from our receipt of the returned IQOS devices and accessories. 

In no event will we accept return of and/or issue any refund for purchases of IQOS devices and accessories from unauthorized retailers 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 your 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 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 AAI is for among others operating the online store at IQOS.com and among others processing and fulfilling of the order and its consequences (including warranty, cancellation of orders if applicable, etc.) and providing communication to the Customer about the product, promotions and after sales services and other programs and activities.

By accessing and/or registering through  the Website, you confirm your consent to PMI’s Consumer Privacy Notice and to PMFTC Inc.’s Privacy Policy, and you also acknowledge and give consent that the following personal/sensitive personal information (hereinafter referred to as “Personal Information”):

• 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 Site; 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:

1. 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 the companies of the same group as AAI and other third parties, as well as to their service providers and subcontractors.
2. 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 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, 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. In the event that you wish to withhold your consent to any such processing or sharing, such request shall be deemed as a request for the deletion of your account and the consequent termination of your transactions in accordance with the terms and conditions of the agreements you accepted and executed. Any such request shall be directed to Customer Care via Facebook.com/ph.iqos.
3. 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: contact.ph@iqos.com 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.

For more information on how PMFTC collects, uses and processes personal/sensitive personal information, the Customer is invited to visit  PMI’s Consumer Privacy Notice available here  and PMFTC Privacy Policy available here.