GENERAL TERMS AND CONDITIONS OF SALE – IQOS
GENERAL TERMS AND CONDITIONS OF SALE – IQOS GENERAL TERMS AND CONDITIONS OF SALE – IQOS
Last update: 01/11/2018
The website www.iqos.com (the "Website") is published by Philip Morris France SAS, a simplified joint stock company with a single shareholder (société par actions simplifiée à associé unique) with a share capital of 80,000 euros, registered in the Nanterre Trade and Companies Register under the number 712 054 014, whose registered office is located 23/25 rue Delarivière Lefoullon, 92800 Puteaux, intra-community VAT registration number: FR 21712054014, telephone number: 0800 814 814, email address: email@example.com ("Philip Morris France SAS").
The Products are sold to Customers by ARVATO DISTRIBUTION GmbH, a company incorporated under German law, whose registered office is located at Gottlieb-Daimler-Straße 1, 33428 Harsewinkel, Germany, share capital: €100,770.00, intra-community VAT registration number: FR69488429648, telephone number: +33 3 21 13 66 92, email address: firstname.lastname@example.org (“Arvato”).
The Website is hosted by Salesforce.com Germany GmbH, Erika-Mann-Str. 31, 80636 Munich, Germany
1. Purpose and scope
These general terms and conditions of sale (the "GTCS") apply to all orders placed on the Website by any purchaser who is a non-professional natural person having the status of a consumer within the meaning of the first article of the French Consumer Code (Code de la consommation) (the "Customer(s)") for the purchase of products presented on the Website (the "Product(s)"). Before being able to place a valid order on the Website, the Customer expressly declares that they have full legal capacity to enter into a contract, i.e. that they have reached the age of legal majority (18 years in France) and that they are not under some form of guardianship.
The GTCS govern the contractual relationship between Arvato DISTRIBUTION GmbH and the Customer. The GTCS apply exclusively to Products delivered in metropolitan France.
The Customer undertakes not to purchase Products on the Website with a view to reselling them. IQOS is intended for use by adults only.
The GTCS are accessible to the Customer on the Website where they can be directly consulted at any time. The Customer may keep these GTCS on a durable medium by printing them out. When an order is placed, the GTCS shall be attached to the order confirmation email sent to the Customer.
Arvato DISTRIBUTION GmbH reserves the right to amend the GTCS at any time. The amended GTCS shall take effect on the date on which they are put online on the Website and shall apply to all orders placed on the Website as from the date on which they are put online.
Arvato DISTRIBUTION GmbH recommends that the Customer carefully read the GTCS before each order, as they may have been amended. All orders presuppose that the GTCS have been consulted and accepted by means of a checkbox provided for this purpose which includes a hypertext link to the said GTCS.
Each of the Products offered for sale on the Website is presented in a description stating its essential characteristics.
The representations and photographs of the Products available on the Website have no contractual value. Philip Morris France SAS, in its capacity as publisher of the website, does its utmost to ensure that these representations and photographs are as accurate and faithful as possible to reality, but the actual appearance of the Products ((including colour, dimensions, textures and other characteristics) may be slightly different from the photographs appearing on the Website. This may be attributable to technical, photographic and data-processing reasons, for example as a result of the lighting during the shooting process and the resolution of the screens and the equipment or web browsers you use when visiting the Website.
The Customer is advised to consult the description of each Product to learn about its precise essential characteristics. In the event of any doubt, or to obtain additional information on the Products, you can contact Philip Morris France SAS Customer Service Department by email: email@example.com and by telephone at 0800 814 814.
Product offers are valid as long as they are visible on the Website, within the limits of available stocks. Sales are concluded subject to the actual availability of the Products.
Arvato DISTRIBUTION GmbH makes every effort to keep up to date the information on the availability of the Products on the Website. Arvato DISTRIBUTION GmbH shall notify the Customer by e-mail or telephone if an ordered Product is no longer available.
In accordance with the provisions of Article L. 121-11 of the French Consumer Code, Arvato DISTRIBUTION GmbH reserves the right to refuse or cancel an order for legitimate reasons (for example, orders for abnormal quantities, orders placed in bad faith or orders placed by a Customer with whom a dispute exists relating to a previous order).
Orders that are cancelled under the above conditions shall be refunded within a maximum period of fourteen (14) days following the cancellation of the order.
Accessories sold on the website shall be available for 12 months.
As a general rule, the Website may be accessed 24 hours a day, 7 days a week, subject to:
- a force majeure event;
- the availability of the Internet network;
- temporary suspensions of the Website for technical reasons related to website updates, maintenance or any other technical reasons.
Orders can only be placed via the Website. The Customer shall bear the costs of connecting to and accessing the Internet.
The Products on the Site are sold only through retail sale to Customers as end consumers. Thus, in particular, the Customer agrees not to proceed with purchases of Products on the Site for resale and declares that his purchase of Products is unrelated to a commercial activity.
In general, ARVATO DISTRIBUTION GmbH may refuse to honor any order that does not correspond to a retail sale or that is fraudulent (or reasonably presumed to be fraudulent). ARVATO DISTRIBUTION GmbH reserves the right, in this context, to limit the quantities of Products ordered by the same Customer (same name and first name, same postal address and / or same email address), being specified that in any case, no order made by the same Customer and exceeding a total amount of 600 euros excluding taxes will not be accepted by ARVATO DISTRIBUTION GmbH.
It is further specified that IQOS is intended for use by adults only.
1. Creating a personal account
Customer must create a personal account using a username and password to place an order for Products. In order to complete the purchase, the Customer must also fill-in the online registration form, which contains the information necessary to carry out the order (surname, first name, date of birth, full postal address, email address, telephone number - any mandatory information shall be followed by an asterisk). Philip Morris France SAS passes on this data to Arvato DISTRIBUTION GmbH as part of the order process.
In this respect, the Customer hereby warrants to Philip Morris France SAS and Arvato DISTRIBUTION GmbH that the information they have provided in the registration form when creating their personal account is accurate and complete. Arvato shall not be held liable in the event that the Customer has provided incomplete information or errors and if this prevents Arvato DISTRIBUTION GmbH from fulfilling the order (in particular from delivering the Product ordered) under the specified conditions.
The Customer's username and password are strictly personal and confidential. The Customer is solely responsible for the storage and use of their username and password.
This order shall be presumed to have been placed by the Customer if this username and password is used to place an order for Products on the Website. Arvato DISTRIBUTION GmbH shall not be liable to the Customer for any damage suffered as a result of the unlawful use, fraudulent use or misuse of their username and password and any order for Products placed by any person whom the Customer has not authorised to place orders.
It is the Customer's responsibility to notify Arvato immediately if an unauthorised person has placed an order for Products with their username and password, as well as if they lose or forget their username and password.
Philip Morris France SAS reserves the right to close any account, in particular at the request of Arvato DISTRIBUTION GmbH, in the following cases:
- dispute concerning one or more previous orders;
- any misuse or any unfair, fanciful or fraudulent use of the ordering service offered on the Website or non-compliance with any of the Customer's obligations defined in these GTCS.
2. Ordering process
To place orders on the Website, Customer must:
- select the Product(s) and the desired quantities by adding them to their shopping cart;
- view their shopping cart containing the selected Products once they have finished making their selection. This step allows Customers to make any changes to their shopping cart before validating it, where applicable;
- validate the shopping cart;
- select the delivery method (with precise costs and delivery times) and enter their delivery and invoicing addresses;
- validate their delivery method;
- view a summary of their order. At this stage, Customers must check the details of their order, along with the method and terms of delivery. Customers may correct any errors they identify;
- confirm their order by ticking the box indicating acceptance of the GTCS and clicking on the "order and pay" button;
- select their payment method and pay for their order online to finalize the order.
Following payment of the order, Arvato DISTRIBUTION GmbH will acknowledge receipt of the order electronically by sending the Customer a confirmation email, including the applicable GTCS.
4. Prices and terms of payment
The price of the Products is given in euros, including all taxes, and takes into account the value added tax (VAT) in force on the day the order is validated by the Customer as evidenced by their online payment.
Arvato DISTRIBUTION GmbH reserves the right to modify its prices at any time. Nevertheless, the price of the Products invoiced to the Customer shall be the price in force at the time the order is validated.
The prices of the Products do not include the delivery costs of the Products; such delivery costs shall be notified to the Customer no later than the time of the latter’s payment of the Order (see below).
The Products remain the property of Arvato DISTRIBUTION GmbH until the price has been paid in full.
Purchases are paid for using a credit card (Visa, Mastercard). The card is debited when the order is validated.
The Products are delivered to the address provided when ordering, within metropolitan France exclusively. No deliveries shall be made to hotels or post office boxes.
The following methods of delivery are available:
- Standard for orders in Corsica
- Standard or Express for orders in Metropolitan France under 25 euros (excluding Corsica);
- Express for any order of 25 euros or more (excluding Corsica).
For each proposed delivery method, the delivery costs are specified on the page used to select and validate the delivery method, and also appear on the page summarising the order. Delivery is free of charge for any order of 25 euros or more.
Delivery shall be made within the time limits given to the Customer when the order is placed and confirmed.
Each delivery is deemed to have been made as soon as the carrier of the Products makes the delivery available to the Customer or to a third party designated by the Customer, as evidenced by the control system used by the carrier. No dispute relating to the delivery per se shall be admissible if the package appears to have been delivered, it being understood that the carrier's computer system shall be regarded as providing proof of delivery.
During delivery, it is strongly recommended that the Customer notify the carrier of any reservations regarding the packaging and, where applicable, the condition of the Products (e.g. open and/or damaged package). If the package is damaged on delivery, the Customer must check the condition of the Products in the presence of the carrier before signing the delivery note and state precisely on the carrier's delivery note any reservation with regard to any missing or damaged Product.
In the event of any failure to meet the delivery deadlines notified to the Customer, the latter shall have the right to terminate the contract, provided that the delay is not attributable to the fault of the Customer (for example if the Customer provides incorrect delivery information at the time of the order) or to a force majeure event.
This right of terminationmay be exercised subject to the provisions of Article L. 216-2 of the French Consumer Code:
- the Customer must first instruct Arvato DISTRIBUTION GmbH to carry out the delivery within a reasonable additional period, by sending a registered letter with acknowledgement of receipt to the following address: Arvato DISTRIBUTION GmbH, Zone de la Galance, 62221 Noyelles sous Lens, or by sending an email to the following address: firstname.lastname@example.org;
- if the Products have not been received by the end of this new additional period, the Customer may then terminate the contract by sending a new registered letter with acknowledgement of receipt or a new email.
The contract shall be terminated upon receipt by Arvato DISTRIBUTION GmbH of the written notice of such termination, unless Arvato DISTRIBUTION GmbH has meanwhile fulfilled its obligations. In the event that the contract is terminated, Arvato DISTRIBUTION GmbH shall refund the amounts paid by the Customer in respect of the order, no later than fourteen (14) days following the date on which the contract was terminated.
6. Right of withdrawal
Nothing in these GTCS shall affect the Customer's right to exercise their right of withdrawal without giving reasons within fourteen (14) days of the day on which the Customer, or a third party other than the carrier designated by the Customer, physically takes possession of the Products.
In the event that the Customer has ordered several Products within a single order, or if the Products have been delivered in several instalments, the withdrawal period shall begin when the Customer, or a third party other than the carrier designated by the Customer, physically takes possession of the last Product or the last instalment of the delivery.
If the Customer wishes to withdraw from the transaction, they must send their withdrawal decision to Arvato DISTRIBUTION GmbH before the expiry of the withdrawal period, in particular by calling the toll-free number 0800 814 814, 7 days a week from 7am to 10pm (toll-free from a fixed or mobile telephone) or by clicking on the "Contact Us" section at the address www.iqos.com.
If the Customer exercises their right of withdrawal within the specified time limits, they shall receive a confirmation email taking into account their request; following this, the Customer must return their complete order in its original packaging (accessories, instructions, label, etc.) to Arvato DISTRIBUTION GmbH in the manner indicated in said email.
To comply with the withdrawal period, it is sufficient that the Customer submit their notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.
The complete order must be returned without undue delay no later than fourteen (14) days after the Customer has notified Arvato DISTRIBUTION GmbH of their decision to exercise their right of withdrawal. This time limit shall be deemed to have been observed if the Products are returned before the expiry of the fourteen (14) day withdrawal period
All necessary precautions must be taken to ensure that the Products are properly packaged so that they are not damaged during transport. The Customer must pay the costs related to the return of the Products. Arvato DISTRIBUTION GmbH recommends that the Customer use a delivery service with a tracking service to return the Products.
Risk for the returned Products shall be transferred to Arvato DISTRIBUTION GmbH only when the Products arrive at Arvato's intended return point.
Unless the Customer expressly agrees to another refund method, the original payment method shall be used to refund the returned Product, with said refund including the standard delivery charges proposed by Arvato DISTRIBUTION GmbH. Said refund shall be made without undue delay and in any event within a maximum period of fourteen (14) days from the day on which Arvato DISTRIBUTION GmbH is informed of the Customer's decision to exercise their right of withdrawal.
This refund shall not lead to any costs for the Customer. However, Arvato DISTRIBUTION GmbH reserves the right to defer the refund until the returned Product is actually recovered or until the Customer has provided proof of shipment of the Product, whichever comes first.
It should be noted that Arvato DISTRIBUTION GmbH shall not refund the additional costs incurred by the Customer in choosing to use a more expensive delivery method than the standard delivery method proposed on the Website by Arvato DISTRIBUTION GmbH nor the costs incurred by the Customer to return the Product.
7. Legal warranties
Pursuant to the legal provisions in force, the Customer benefits from the legal warranties of conformity and the legal warranties against hidden defects.
Arvato DISTRIBUTION GmbH is bound by a legal warranty of conformity in accordance with articles L. 217-4 to L. 217-12 of the French Consumer Code:
- The Customer may benefit from a period of two (2) years from the delivery of the product to take any action;
- The Customer may choose to have the product either repaired or replaced, subject to the cost-related terms provided for in Article L. 217-9 of the French Consumer Code;
- During the two (2) years following the delivery of the product, the Customer is not required to provide proof that the product is not in conformity.
The legal warranty of conformity operates independently of any commercial warranty that is granted.
Finally, the Customer may decide to implement the warranty against hidden defects of the item sold within the meaning of Article 1641 of the French Civil Code (code civil). In this case, the Customer may choose to either terminate the sale or accept a reduction of the sale price in accordance with Article 1644 of the French Civil Code.
In accordance with the regulations in force, the articles of the French Consumer Code and the French Civil Code that the Customer may rely on are reproduced in full below:
Article L. 217-4 of the French Consumer Code:
“The seller must deliver goods that are in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. The seller shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation whenever such installation is the responsibility of the seller under the contract or has been carried out under the seller's responsibility.”
Article L. 217-5 of the French Consumer Code:
“The goods are in conformity with the contract: 1) if they are suitable for the use usually expected of similar goods and, if applicable: - if they correspond to the description given by the seller and have the qualities that the seller has presented to the buyer in the form of a sample or model; - if they exhibit the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or their representative, in particular those that are made in advertising or labelling; 1) if they are suitable for the use usually expected of similar goods and, if applicable: - if they correspond to the description given by the seller and have the qualities that the seller has presented to the buyer in the form of a sample or model; - if they exhibit the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or their representative, in particular those that are made in advertising or labelling; 1) if they are suitable for the use usually expected of similar goods and, if applicable: - if they correspond to the description given by the seller and have the qualities that the seller has presented to the buyer in the form of a sample or model; - if they exhibit the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or their representative, in particular those that are made in advertising or labelling; 1) if they are suitable for the use usually expected of similar goods and, if applicable: - if they correspond to the description given by the seller and have the qualities that the seller has presented to the buyer in the form of a sample or model; - if they exhibit the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or their representative, in particular those that are made in advertising or labelling; 1) if they are suitable for the use usually expected of similar goods and, if applicable: - if they correspond to the description given by the seller and have the qualities that the seller has presented to the buyer in the form of a sample or model; - if they exhibit the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or their representative, in particular those that are made in advertising or labelling; 2) Or if they possess the characteristics defined by mutual agreement between the parties or are suitable for any special use requested by the buyer which has been brought to the seller's attention and which the seller has accepted.”
Article L. 217-12 of the French Consumer Code:
“The action resulting from the lack of conformity shall be time-barred after two years from the date of delivery of the goods.”
Article L. 217-16 of the French Consumer Code:
“If, during the course of the commercial warranty granted to a buyer at the time of the acquisition or repair of moveable property, the buyer requests that the seller carry out any repairs covered by the warranty, any period of at least seven days during which the property is out of use for repair shall be added to the remaining term of the warranty. This period shall run from the date of the buyer's request for repair or the date on which the goods in question are made available for repair, if this is subsequent to the request for repair."
Article 1641 of the French Civil Code:
“The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if they had known of the defects.”
Article 1648-1 of the French Civil Code:
“An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.”
8. Intellectual Property
The Philip Morris France SAS trademark, as well as all the figurative or non-figurative brands, and more generally all the other trademarks, illustrations, images and logos appearing on the Products, their accessories or their packaging, whether registered or not (the "Philip Morris Trademarks") are and remain the exclusive property of Philip Morris France SAS or are granted under licence to Philip Morris France SAS.
The Arvato trademark, as well as all the figurative or non-figurative brands, and more generally all the other trademarks, illustrations, images and logos appearing on the Products, their accessories or their packaging, whether registered or not (the " Arvato Trademarks") are and remain the exclusive property of Bertelsamnn / Arvato or are granted under licence to Arvato DISTRIBUTION GmbH.
The Website and all graphic, textual, visual and photographic elements contained therein, including but not limited to all illustrations, images, drawings, photographs, characters, texts, decors, presentation modes, graphics or any other element of the Website (hereinafter the "Content") are and remain the exclusive property of Philip Morris France SAS or are licensed to Philip Morris France SAS and are protected in particular by intellectual property rights.
Under no circumstances may the Philip Morris and/or Arvato Marks, the Website and/or its Content be modified, reproduced, represented, distributed, displayed, marketed, and/or incorporated into a derivative work or any other work, either in whole or in part, on any medium whatsoever. As a general rule, the Philip Morris and/or Arvato Trademarks, the Website and its Content may only be used for the purpose of browsing the Website and, where applicable, for placing an order.
It is strictly forbidden to use all or part of the Philip Morris and/or Arvato Trademarks, the Website and/or its Content (in particular by downloading, reproducing, transmitting or representing them) for any purpose other than those provided for in these GTCS.
9. Personal Data
When the Customer browses the Website, creates a personal account and / or places an order, Philip Morris France SAS and Arvato DISTRIBUTION GmbH collect and process the personal data that the customer transmits.
Philip Morris France SAS and Arvato DISTRIBUTION GmbH, both data controllers, undertake to protect this personal data.
With regard to the data processed by Arvato DISTRIBUTION GmbH:
Arvato DISTRIBUTION GmbH (German company with registered office at Gottlieb-Daimler-Straße 1, 33428 Harsewinkel, Germany, phone number: +33 3 21 13 66 92, email address: email@example.com) informs the Customer that he processes his personal data transmitted to him by Phillip Morris France (namely: surname, first name, telephone, email, billing and delivery addresses) as well as the bank data related to the payment of the order that are collected directly by Arvato DISTRIBUTION GmbH.
The processing of the personal data of the Customer by Arvato is implemented for the purposes of the execution of the order and its consequences (including warranty, right of withdrawal if applicable, etc.) as well as for the follow-up of the customer relationship. The legal basis of the treatment is thus the execution of the contract.
To allow a good treatment of your order and in particular to allow an adapted follow-up and an optimal delivery, your personal data are communicated to the companies of the same group as Arvato DISTRIBUTION GmbH, as well as to their service providers and subcontractors around the world intervening for the needs of the execution of your order. Some of them are located outside the European Union in countries that do not necessarily benefit from a decision of adequacy rendered by the European Commission.
The protection and security of personal data thus transferred outside the European Union is ensured at all times, in particular by the implementation of contractual clauses in accordance with the legislation in force. A copy of these data protection mechanisms is available via: https: //www.cnil.fr/sites/default/files/typo/document/CCT-2010-Ss_Traitants_VF.pdf
Your personal data are not retained beyond the time necessary for their processing and, in any event, for a maximum of ten years from their collection or the last contact initiated with Arvato DISTRIBUTION GmbH.
The Customer may at any time access his personal data, request their rectification, request their removal or limitation for legitimate reason in accordance with the legal provisions. In some cases, he may oppose a treatment for reasons related to his particular situation or exercise his right to the portability of his data.
All or part of these rights can be exercised by sending a request by email to firstname.lastname@example.org.
If you believe that your rights were not respected as part of this treatment or that the implemented device did not comply with the rules for the protection of personal data, we invite you to contact us directly to the contact details above. You can also, if necessary, submit a complaint online to the CNIL or by post.
10. Governing law – disputes
These GTCS are subject to French law.
In the event of any complaint or dispute, the Customer must first contact Philip Morris France SAS customer service on 0800 814 814 (non-premium rate number when calling from a fixed line in metropolitan France), or by clicking on the "Contact Us" section at www.iqos.com. Customers may also contact Arvato DISTRIBUTION GmbH:email@example.com.
The parties undertake to settle the dispute out of court before taking any legal action or resorting to a mediation procedure.
In the event that a written complaint by the Customer to Arvato DISTRIBUTION GmbH's customer service department is unsuccessful or if said service fails to respond thereto within one (1) month, the Customer may choose any alternative dispute resolution method and/or access the European online dispute resolution platform at the following address: http://ec.europa.eu/odr, and either or both of the foregoing shall attempt, in complete independence and impartiality, to settle the dispute out of court.
The Customer remains free to accept or refuse the use of mediation and, in the event of mediation, each party is free to accept or refuse the solution proposed by the mediator.
The French courts shall have sole jurisdiction in the absence of an out-of-court settlement.
11. Miscellaneous provisions
In the event that one or more of the provisions of the GTCS are held to be invalid or unenforceable by a competent court or by applicable law or regulation, such provision shall be abolished without this affecting the validity and enforceability of the other provisions of these GTCS.
Should Arvato DISTRIBUTION GmbH fail to rely on any provision of these GTCS, this shall not constitute a waiver of such provision or of the right to subsequently rely on such provision and/or to claim compensation for any breach of such provision.