IQOS GENERAL TERMS OF SALE

 

1. ABOUT US

1.1 The website www.iqos.com is run by Philip Morris Slovakia s.r.o., ID No. 31 344 259, with its registered office at Galvaniho 19045/19, 821 04 Bratislava, registered in the Commercial Register maintained by the District Court Bratislava I, Section: Sro, File No.: 4512/B.

1.2 Please send any suggestions, inquiries or other correspondence you may have in relation to our business to us by phone at 0800 400 600, or via e-mail at contact.sk@iqos.com. Please refer to our Complaint Handling Procedure in case of queries concerning faulty goods.

 

2. WHY THESE TERMS

2.1 The purpose of these General Terms of Sale ("GTS") is to make you aware of the basic rules and principles of IQOS sale and our legal relationship arising therefrom. These GTS intentionally avoid detailed descriptions of issues, which are evident from the context. These terms of sale are executed in Slovak and English version. In case of discrepancies, Slovak version prevails.

2.2 The website www.iqos.com is intended for buyers with a delivery address in the Slovak republic only.

 

3. WHICH PRODUCTS YOU MAY PURCHASE FROM US AND WHY WE ARE SO KEEN TO KNOW YOUR AGE

3.1 The goods which we offer may contain tobacco or be a tobacco product or a smoke-free tobacco product. Therefore, we have to ensure that we make no sales of goods to persons under 18 years of age. That is why we request age verification at registration, its confirmation when you visit our websites and on delivery of the ordered goods.

3.2 We will never make a delivery of our goods from www.iqos.com to a person under 18 years of age.

3.3 Purchase in the www.iqos.com store is only available to registered users. We verify a customer’s age at registration (tasting of goods) or also upon delivery of goods to the designated destination by inspecting the customer’s identity document (ID card, driving licence, passport) and recording the document’s number; we do all this to comply with the law, especially the Act No. 377/2004 Coll. on Protection of Non-smokers as amended ("Act on Protection of Non-smokers").

3.4 If you are under 18 years of age and register, your registration will be cancelled immediately after we become aware of this

3.5 IQOS, VEEV, lil SOLID, their accessories, tobacco sticks TEREA, HEETS and Fiit and e-liquids may be ordered at the website only after a personal meeting during which the verification of age is performed.

 

4. WHEN AND HOW WE CONCLUDE THE PURCHASE CONTRACT

4.1 You select the goods, the payment method, the delivery method and the place of delivery at our website, where you will also find information about the goods and their prices. The offer of goods at website is for your information only – it is non-binding and valid only as long as we have the product in stock. The maximum number of product pieces per order and the total maximum order value are limited. Likewise, the maximum number of pieces of product per customer is limited to a period of 30 days. Online card payments are subject to a maximum payment limit of EUR 400.

4.2  By completing and sending the order form (by clicking on the relevant button), you make an offer to enter into a purchase contract with us; within 5 days, we may accept the offer as is, or some part of it (after previous mutual agreement), or we may reject the offer altogether.

4.3 By our confirmation of your offer, a purchase contract is concluded between you and us with the content as given in our confirmation and subject to these GTS; our relationship is, in all other respects, governed by applicable laws and legal regulations, in particular the Act No. 40/1964 Coll. Civil Code as amended, Act No. 250/2007 Coll. on Consumer Protection as amended and the Act on Protection of Non-smokers.

4.4 If a purchase contract is not entered into for whatever reason, we will return your payment to you within 14 days of receipt.

4.5 You hereby agree that the order and the tax document concerning the purchased goods will be provided to you exclusively in electronic form and will be delivered to the e-mail address contained in your order.

 

5. WHEN YOU BECOME THE OWNER OF THE PURCHASED GOODS

5.1 The title to the purchased goods passes to you upon delivery and payment of the purchase price.

5.2 You assume the risk of damage to the product upon handover of the goods.

5.3 Check for any evident damage to the goods or the packaging when taking the delivery and, if you discover any, please follow the instructions in the Complaint Handling Procedure.

 

6. WHEN AND HOW IS IT POSSIBLE TO WITHDRAW FROM THE PURCHASE CONTRACT

6.1 You may withdraw from the purchase contract concluded with us without cause within 14 days of the delivery of the ordered goods. The withdrawal means that the purchase contract is treated as though it had never existed and you are obliged to return the delivered goods to us and we are obliged to return the purchase price to you.

6.2 We believe you will understand that it is not possible to withdraw from the purchase of HEETS, TEREA and Fiit tobacco sticks and e-liquids where there's unit’s cellophane wrapper, ensuring hygienic safety, or the packaging of the multipack.

6.3 If you withdraw from the purchase of other goods, which has been used beyond a routine inspection and test of functionality, as would be standard if purchasing in traditional retail premises, we may request that you pay us the difference between the price for the new goods and the usual price for the returned goods.

6.4 You can withdraw from the purchase contract by completing and sending the form available at www.iqos.com or by a written withdrawal, i.e. by sending a written withdrawal to Kuehne + Nagel, s r.o., Diaľničná cesta 17, Senec 903 01.

6.5 You must return the purchased goods to us within 14 days of withdrawal either in person, by post or messenger, but always at your own expense. We have to return the received payment to you (i.e. the purchase price and any other monies we received from you during the sale of the returned goods, except for the difference between the price of the delivery method you selected and the price of the cheapest standard delivery method offered by us) within the same period of time, however, no earlier than we receive the goods or you prove having sent them.

6.6 We also reserve the right to withdraw from the purchase contract if you fail to take delivery of the ordered goods, if there is an obvious typo at the website www.iqos.com (such as a mistakenly stated price which is obviously different from the usual price for such type of goods), if the goods you order are no longer manufactured, supplied or our supplier is no longer able to supply them at the originally agreed price. We, too, may withdraw solely on the basis of a notification delivered to you in at least the same form that we sent the confirmation of receiving the order and we are obliged to return any payment received from you within 14 days of withdrawing from the purchase contract. Moreover, we will not deliver the ordered goods and we will not complete the transaction if we later learn that you are under 18 years of age.

 

7.  HOW TO FILE A COMPLAINT ABOUT FAULTY GOODS

7.1 Our mutual rights and obligations concerning our liability for product faults are governed by applicable laws and legal regulations. These are described in more detail in the attached Complaint Handling Procedure, which forms an integral part of the GTS.

7.2 If a product is covered by a warranty, this is explicitly stated in description of the product and the warranty terms are enclosed with the goods.

7.3 You can direct your queries concerning faulty goods to Customer Care by calling 0800 400 600 or in person to any IQOS device vendor.

 

8. OTHER THINGS YOU SHOULD KNOW

8.1 If we are unable to settle a dispute in connection with a purchase of our products by mutual agreement, you can seek alternative dispute resolution at the Slovak Trade Inspection Authority (in Slovak: Slovenská obchodná inšpekcia), Ústredný inšpektorát, Odbor pre medzinárodné vzťahy a alternatívne riešenie spotrebiteľských sporov, Prievozská 32, p. p. 29, 827 99 Bratislava 27, e-mail: ars@soi.sk, web: http://www.soi.sk/sk/Alternativne-riesenie-spotrebitelskych-sporov.soi.

You can also use the Online Dispute Resolution platform developed by the European Commission and accessible at http://ec.europa.eu/consumers/odr/.

8.2 If our legal relationship under the purchase contract contains a ‘foreign element’, the laws of the Slovak Republic shall apply.

8.3 We process your personal data, which you provide to us in connection with your purchase of our goods, to the extent necessary and solely for the purposes of the fulfilment of the purchase contract and compliance with legal obligations within the meaning of applicable Personal Data protection regulation. More information about how we process personal data can be found in PMI Privacy Notice for consumers.

8.4 These GTS include the Complaint Handling Procedure and Complaint / Return of Goods Form.

COMPLAINT HANDLING PROCEDURE

1. ABOUT US

1.1 The website www.iqos.com is run by Philip Morris Slovakia s.r.o., ID No. 31 344 259, with its registered office at Galvaniho 19045/19, 821 04 Bratislava, registered in the Commercial Register maintained by the District Court in Bratislava I, Section: Sro, Entry No.: 4512/B for the Slovak Republic.

1.2 Please send any suggestions, inquiries or other correspondence you may have in relation to our business to us by phone at 0800 400 600, or via e-mail at contact.sk@iqos.com.

 

2. WHAT IS THE PURPOSE OF THIS COMPLAINT HANDLING PROCEDURE

2.1 The purpose of this Complaint Handling Procedure ("Complaint Handling Procedure") is to make you aware of the basic rules and principles followed by us when handling complaints regarding goods bough from us.

2.2 This Complaint Handling Procedure forms an integral part of the GTS and the GTS apply unless this Complaint Handling Procedure states otherwise.

2.3 Matters not specifically covered by this Complaint Handling Procedure and the GTS will be governed by applicable laws and legal regulations, especially the Act No. 40/1964 Coll. Civil Code as amended and Act No. 250/2007 Coll. on Consumer Protection as amended.

 

3. OUR PRODUCT LIABILITY

3.1 We are responsible for the goods purchased from the www.iqos.com websitehaving no defects upon delivery of such goods.

3.2 You can submit product liability claims to us within 24 months of delivery of the product.

3.3 The provision of a warranty beyond the scope of general product liability under applicable law depends on the discretion of the manufacturer of the goods. Where such a warranty is provided, your rights thereunder are governed by the manufacturer’s warranty terms.

 

4. WHAT TO DO WHEN THE GOODS ARE EVIDENTLY DAMAGE

4.1 You can direct your inquiries concerning faulty goods to Customer Care by calling 0800 400 600 or in person to any IQOS device vendor.

4.2 When accepting delivery of a product, inspect it to make sure that there is no evident damage to the product or its packaging.

4.3 If you find evident defects, you must immediately raise a complaint regarding these with the person making the delivery and record all your findings in the delivery confirmation or another complaint form provided by the carrier. You have no obligation to take delivery of goods that are evidently damaged or the packaging of which is evidently damaged. Claims of evident defects made to us or the carrier after 3 days after delivery cannot be granted.

 

5. WHAT TO DO WHEN A DEFECT APPEARS LATER

5.1 You can direct your inquiries concerning faulty goods to Customer Care by calling 0800 400 600, emailing contact.sk@iqos.com, or in person to any IQOS device vendor.

5.2 You can file complaints about defects which were not discoverable at delivery or have only manifested later (but no later than within statutory limitation periods) by phone, in person to the vendor or to authorized service providers whose up-to-date list is available at www.iqos.com. Keep in mind that should you wish to file a complaint regarding any product, you will need to prove that and when you bought the product in question from us; we would therefore recommend that you keep the receipt (document evidencing purchase).

5.3 If we are unable to resolve your complaint on the spot, you will sign a Customer Complaint Report prepared by us, and agree with you on a deadline for the handling of the complaint. We try to handle most complaints by exchanging the faulty goods, or their parts, with non-faulty goods or parts.

5.4 When dealing with a complaint, we always first proceed in accordance with the manufacturer’s warranty terms where a manufacturer’s warranty is provided.

 

6. DEFECTS FOR WHICH WE ARE NOT LIABLE

6.1Rights under product liability do not apply to:

(a) damage to any component caused by normal wear and tear;

(b) cosmetic damage (such as scratches, dents or broken plastic) that have appeared after delivery;

(c) damage to any component caused by misuse, power surge, improper handling, liquid contact, fire, or by the removal of the serial number;

(d) malfunction due to use with a non-compatible product;

(e) damage or malfunction caused by an attempt to open, modify or repair the product either by a user or by a technical service provider not authorised by the manufacturer;

(f) damage or malfunction caused by failure to use the product as described in the User Guide

6.2 If a battery or accumulator forms a part of the product, we are not liable for these being non-functional or insufficient due to the number of charging cycles indicated by the manufacturer as their lifetime being reached.

6.3 We are not liable for defects in gifts or other goods provided to you free of charge or at a token charge.

 

7. YOUR RIGHTS WHEN MAKING A COMPLAINT 

7.1 You have a right to have your complaint resolved without undue delay, however, no later than 30 days after it had been made.

7.2 If the defect can be removed, you have a right to have the defect removed free of charge. Instead of removing the defect you may request the exchange of goods or if the defect relates only to a specific part, you may request the replacement of such part - but only if such exchange does not result in unreasonable costs to be incurred by us with regard to the price of goods or nature of the defect. 

7.3 If the defect cannot be removed, you have a right to proportionate purchase price discount.

7.4 If the defect cannot be removed and simultaneously prevents the proper use of goods, you have the right to have the goods replaced or withdraw from the purchase contract. You have this right also in cases where the same defect occurs after its second removal or goods have several defects. 

7.5 You have a right to reimbursement of necessary expenses reasonably incurredin making a complaint if you notify them to us and make the request for reimbursement within one month of the deadline for making claims under product liability.

7.6 If the complaint is accepted, it is resolved by the replacement of a defective part of the same device model. If the part of the device is not in stock, the customer is offered a replacement for the whole kit. If a kit of the same model is not available, another kit is offered according to stock availability. It is always an upgrade, ie a newer and improved model. By placing an order for this upgraded device, the customer agrees to handle the complaint in this way.

 

8. WHEN WE CAN REJECT A COMPLAINT

8.1 We can reject a complaint if the goods or their parts are dirty.

 

9.SPECIFIC PROVISIONS RELATED TO SERVICES

9.1 The provisions of this Compliant Handling Procedure shall also apply to cases of complaints related to the service of providing IQOS for testing usage, with the exception of clauses 2.2, 3.2, 5.3, 7.2, 7.3, 7.4 of this Procedure, with the following rules being applied instead:

9.1.1  the service of providing IQOS for testing usage is not covered by IQOS General Term of Sale and these terms shall not be enforced even in a supportive manner  in the handling of claims of this Service;

9.1.2 if the IQOS device cannot be properly used because the IQOS device has been provided by us defective already at the time of delivery, you may apply for a claim during the provision of the service; and

9.1.3 in case of a legitimate claim, we will replace the IQOS device and we will also prolong the testing time to compensate for the period when the IQOS device could not be properly used.

FOR PURCHASE CONTRACTS OF IQOS AND HEETS:

Making a complaint form

Withdrawal form

In case of any questions contact our IQOS Customer Service Centre at contact.sk@iqos.com.