Terms of use

The website www.iqos.com is owned by Philip Morris ApS and the following Terms of Service are for the use of it. The following terms “we”, “us” and “our” refer to Philip Morris ApS (“Philip Morris”).

1. Conditions related to the website www.iqos.com

www.iqos.com (the “Website” or “iqos.com”) as well as the products offered for sale on the Website are exclusively for consumers that are at least 18 years old and are residents of Denmark. Only individuals who are registered on the website are eligible for full access and for purchasing products (“Users”).

2. Conditions of sale for tobacco products or tobacco associated products on www.iqos.com

Philip Morris has assigned the company Arvato (“Arvato”) to fulfill the delivery of orders. Arvato is in addition to this responsible for the compilation, packaging and billing. The ordered products will be delivered to the Customer’s place of residence in Denmark. Deliveries abroad are not accepted.

a) Products sold on iqos.com including tobacco products (including IQOS devices, tobacco sticks) and associated products (including chargers, cleaning sets, USB cables, etc) (jointly “Products”) can only be purchased by consumers who have reached the age of 18 years and are residents of Denmark. By ordering Products the Customer must ensure that Products will not be used by individuals under the age of 18. Philip Morris reserves the right to change the offer of Products and to remove certain Products from the market at any time.

With registration and usage of iqos.com, every Customer has to confirm that he has reached the age of 18 years.

b) Order
Before placing an order, the general terms have to be accepted. When Customer makes a product order, iqos.com sends a confirmation email that contains the details of the order and also the confirmation that Philip Morris has accepted the order. Every Customer is responsible for updating his address before placing an order. In case of violation of the general terms according to use of iqos.com, Philip Morris has the right to cancel Customer’s order and prohibit him the usage of the website by closing his account with no prior notice.

c) Minimum- and maximum order quantity
Unless specified on iqos.com, following minimum order quantity is valid per order:

• 1 tobacco sticks bundle with 10 packages containing 20 tobacco sticks each or
• 1 IQOS-Kit or
• 1 IQOS Holder or Pocket charger
• Every unit of another Product

Unless specified on the iqos.com, every Customer can order products for maximum 10.000 DKK per month

Philip Morris reserves the right to cancel any order which does not fulfill the minimum or exceeds the maximum order quantity.

Minimum and maximum quantities provided here can be changed any time by Philip Morris.

d) Availability of Products
Philip Morris is doing its best to guarantee the optimal availability of the Products offered on iqos.com. However, if an order is placed, where one of the ordered Products is not available anymore, the Customer receives a message where Philip Morris informs about the delay or a partial or complete cancellation of the order. In case of a delay the Customer has the opportunity to cancel the order.

e) Resale
Resale of Products purchased at iqos.com is strictly prohibited.

f) Price All prices on iqos.com are displayed with VAT included.

g) Payment Every Customer can pay with Credit- or Debitcard (Visa, Visa Dankort, MasterCard, Maestro, AMEX), MobilePay and Klarna. Account is being charged with the dispatch of the order.

To guarantee Customer data security, Philip Morris is using a Secure Socket Layer (SSL)-encryption as well as other certified encryption technologies and systems.

h) Delivery
Delivery is limited to Denmark only.

In general, confirmed orders will be delivered to the address indicated on the order confirmation. In case the Customer does not pick up Products from the post office and the Products have been returned to sender, Philip Morris or, respectively, Arvato will regard the order as terminated and refund the purchase price to the Customer.

i) Delivery costs
Delivery is free of charge.

Philip Morris can at any time change the values listed here.

j) Delivery period and – deadlines
Delivery will normally take place within 1-3 working days after the order, if the order is being made from Monday to Thursday. Orders placed on Friday before noon will normally be delivered on Monday. Orders placed on Saturday or Sunday will normally be delivered on Tuesday. There is no guarantee for the delivery deadline. In case of a noncompliance with the delivery times, there is no possible entitlement for compensation. Neither a specific delivery day, nor a precise delivery time of day can be demanded. There is no delivery on Sundays and public holidays.

k) Liability disclaimer
In case of faulty Products are being delivered, such Products will be taken back and exchanged free of charge, whereby all other remedies and liabilities have been excluded. In particular, warranty does not cover potential damage, including all lost profits, data losses or any other damage, of whatever nature, that have resulted due to a faulty delivery or delayed delivery due to a non-functional or faulty functional iqos.com, inaccuracy or incompleteness of the information available on iqos.com, due to Product faults, out of a wrong delivery address, due to viruses or other technical problems, or due to theft, or other situations related to delivery. Please contact our customer service at +4580322727 for further explanations and help.

Philip Morris can at any time change, adjust, complete and/or remove iqos.com without leaving a preceding version of it.

l) Theft and use of products
Philip Morris ApS declines any responsibility for theft or misuse of the Product, as soon as the Product has been delivered to the Customer or has been left in his postal box. Customer must ensure that the Product won’t be used by underage persons, which have not yet reached the age of 18.

m) Right of return
Customer have the right to withdraw from the purchase within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which the Products were delivered to the Customer. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. To do so Customer must contact our Customer Service Center at 80 32 27 27. Subsequently, customer has to follow the received instructions and wait for a confirmation from Philip Morris, before he, at his own expense, sends the products/products and the required documentation, and the original packaging to the address specified on the iqos.com. Upon receipt of the product, Philip Morris carries out a check of the product. As long as all conditions for the refund have been fulfilled, Philip Morris transmits the payment by the courtesy of the provider to the credit card indicated in the refund request.

Philip Morris can at any time change procedures and values specified here.

n) Other regulations
Otherwise the general conditions of the iqos.com-platform apply, in particular, regarding to the access to the website, conditions of use, warranty- and liability exclusion, privacy protection and changes to terms of use.

GENERAL CONDITIONS

www.iqos.com as well as all other websites (following the “Websites”) and applications (following “Apps”), added by Philip Morris afterwards, are being made available to Users under the present terms of use (following the “General Conditions”).

I. Applicable provisions for all Philip Morris ApS websites and apps

1. Scope of applicability
Existing General Terms apply exclusively to Websites and Apps developed by Philip Morris ApS and not for other websites and apps, in particular, not for websites and apps of Philip Morris International Management S.A., for them apply other General Terms.

By using Websites and/or Apps of Philip Morris ApS, the User automatically agrees to the General Terms as well as to any changes that might be done to Websites and/or Apps later on.

2. Access, password
Websites and/or Apps are meant specifically to tobacco product Users who live in Denmark and are at least 18 years old. In order to receive access to Websites and/or Apps, Users have to verify his identity, age and residence. Moreover, User has to register and choose a username and a password that are only meant for personal use. This safety information cannot be passed to a third person/party. This measure serves to prevent an unauthorized third person/party usage. As the User of Websites and/or Apps, User is obliged to fulfill all necessary measures, and keep his username and password secret.

User is obliged to inform Philip Morris ApS immediately if there is a reason to believe that (i) someone knows the password or the username, or (ii) his password or username are being used unauthorized. User shall be liable for all damage that has been caused by the use of his username or password. Philip Morris ApS accept no liability whatsoever for any damage that has been caused by the transmission of the password and/or the username of the User to a third person/party.

3. Usage of Websites and/or Apps
Websites and Apps can only be used in Denmark.

Websites and/or Apps as well as the whole content (in particular, software, files, designs, graphic and data) are the property of Philip Morris ApS and are being protected by copyright and trademark laws. Philip Morris ApS. explicitly prohibits any unauthorized use of Websites and/or Apps, in particular (i) any kind of usage of Websites and/or Apps or their content for industrial or commercial purposes, and (ii) the reproduction, copy, provision to third parties, communication, distribution, transmission, alteration, licensing, disposal or any other commercial exploration of Websites and/or Apps, their content, texts, text segments, still and moving images, audio files, software, products other services as well as well as all other data and information, without a prior written consent of Philip Morris ApS.

4. Warranty exclusion
Philip Morris ApS does not accept any liability or warranty whatsoever regarding (i) the correct functioning of Websites and/or Apps., (ii) the accessibility and usability of Websites and /or Apps, (iii) the completeness, accuracy and topicality of the content, information and data of Websites and/or Apps, (iv) the flawlessness of websites and /or apps or its contents, in particular, absence of viruses or absence of other malware, and (v) non-existence of specific features that could be possible awaited from websites and/or apps and their content.

User is at his own discretion and his own risk accessing Websites and/or Apps and using or downloading their content. Should here from result any loss of data or any damage to User’s IT-system, Philip Morris ApS does not bear any liability for it.

Philip Morris ApS is neither obliged to supply or provide any services, data or information, nor to address any technical or legal conditions that are necessary for the use of Websites and/or Apps and their content within and outside Denmark. Websites and/or Apps are not intended for use outside of Denmark.

Philip Morris ApS reserves the right to change, correct, cut, complement and/or delete Websites and/or Apps and their content at any time without leaving the previous version available.

Our Websites and/or Apps can contain links to third party websites that are neither coordinated nor monitored by Philip Morris ApS.Philip Morris ApS assumes no liability for the content and the adherence to the legal data protection regulation on the part of the operator of the linked websites or apps.

5. Liability disclaimer
Philip Morris ApS assumes no liability for possible damage, including loss of profit, data loss, business interruptions and all other damage of any nature, that could result from the use of Websites and/or Apps and their content as well as, in particular, the usage of documents and/or Apps contained therein. Philip Morris ApS also assumes no liability for possible damage that could arise due to fact that it is not possible to purchase or delivery items or Products that are related with Websites and/or Apps.

6. Agreement of collection of personal data
User authorizes Philip Morris ApS, in the context of our commercial activity in the broadest sense of it, that is, in the production, promotion, distribution and usage of tobacco products, to pass, save, process and use, in particular to check if the internal guidelines are being followed, the personal data related to visiting and using Websites and/or Apps. User authorizes Philip Morris ApS to use the information in order to contact User regarding participation in tobacco product related research projects, provide User information about introduction of new projects, change of packaging of our products, promotional events, any kind of marketing activities, about current or future legislation, as well as possible legislative proposals related to tobacco products. User also authorizes Philip Morris ApS to contact User for customer surveys or similar purposes. Philip Morris ApS may contact User by e-mail or phone. All e-mails contain a link to unsubscribe from future e-mails and during phone calls, User may unsubscribe from future phone calls.

User authorizes Philip Morris ApS to consult and to use publicly available information on social networks where User is registered at. This would be done in order to develop a better understanding about User's interests and to adjust the better the communication and activities offered to User. In case User doesn’t want that Philip Morris ApS consults and uses the information publicly available on social networks, User can use deactivate the option “I accept that Philip Morris ApS consults and uses the publicly available information made available by myself on social networks” under “My Profile”.

Furthermore User's data will be handled with the provisions of Article 7 that regulates the personal data security, under General Conditions. Using either the free-of-charge phone number 80 32 27 27 or the specially for this purpose intended function in the email, User can at any time recant agreement so that he is not anymore being contacted by the label the information was provided from.

User confirms that the personal data he has used while using Websites and Apps from Philip Morris ApS are correct. User is obligated to update all information in case it changes.

7. Data security
Collection, handling and usage of the data that User enters when visiting and using the Website and/or Apps of Philip Morris ApS shall be pursuant to the following terms and conditions:

• a) Privacy protection
  Philip Morris ApS fully respects the privacy of its User. We are committed to protect the private information that User has shared either by visiting and using our Websites and/or Apps or through filling out a customer card. General terms contain a description about the personal information we collect, how we use it and with what third parties we at best would share it. They also contain the measures we take in order to assure data security.
• b) Collected personal data and it’s usage
  In order to be added to our customer database, every customer has to be a consumer of tobacco products, be at least 18 years old and live in Denmark. Furthermore he has to share with us his name, address, email-address and date of birth. Every customer can provide further information about himself (for example, through participation in a customer survey) or his contact data (for instance, his landline and mobile phone number), so that we can communicate with him. When customer is visiting our Website and/or Apps, his browser is automatically sending us his IP Address (internet protocol) and further details (for instance, what type of internet browser is he using) so we can immediately check if the customer actually is in Denmark while he is using a Website and/or Apps. We do not use cookies on the system of customer for collecting private data.
• c) Restrictions for transferring/handing over personal data
  Information that customer provides either by using Websites and/or Apps or that customer has himself made online publicly available will not be handed over to third person/party without customer’s acceptance. We are however entitled to share this information with our associated companies (for example, Philip Morris International Management S.A.) and with enterprises that we have, in our own name, authorized through our service deliveries, as well as with independent research bodies for non-commercial purposes. With us associated companies or their service deliveries can have their registered office abroad; however, the processing of data by them is bound by contract and limited to required activities under service deliveries under our name and underlie security obligations. Philip Morris ApS, its service providers and associated enterprises can however disclose information about customer, if it is based on legal reasons or is being requested by authorities. If customer commits a statutory violation against a Website and/or App (or there is a suspicion that it might occur), Philip Morris ApS has the right to provide his identity and contact information to requesting authority.
• d) We protect personal data
  Personal data security is one of our priorities. We take all reasonable measures of administrative and technical level to avoid any transmission, usage, change or deletion of the personal data that customer has provided us by visiting or using our Website and/or Apps. We are using the SSL-Protocol (SSL=Secure Socket Layer) as well as digital encodings and other technologies that help us to secure customer’s personal data.

8. Participants with a temporary access to websites and apps
Every customer that wants to use websites and apps permanently, has to prove that he is an adult and is a consumer of tobacco products, and lives in Denmark. It is for this reason the customer, has to confirm age using NemID. A temporary access will be available prior to be the NemID confirmation.

9. Miscellaneous
Philip Morris keeps the right to change General terms and the Terms of Use of the website and/ or apps at any time at its own discretion. Customer is obliged to regularly check the respective current version of the General Terms and Terms of Use.

In case one or more regulations from General Terms or Terms of Use is declared invalid by a court, the effectiveness of the rest of the General Terms and Terms of Use remains unaffected.

The French version of the General Terms and Terms of Use is relevant.

In case of questions related to our General terms or Data security Policy, the customer can contact us using the following free-of-charge phone number: 80 32 27 27. Questions can be also sent in a written way to Philip Morris ApS, Copenhagen Towers, Ørestads Boulevard 108, 3.sal, 2300 Copenhagen S. Customer accepts that the General Terms and Terms of Use are a subject to Danish Law and is a place of jurisdiction Copenhagen (Denmark).