TERMS AND CONDITIONS OF USE FOR DIGITAL TOUCHPOINTS
Last updated: 8 October 2017
You have been guided to this page as a result of your download or use of the digital Touchpoint (the "Touchpoint") that is operated by a member of the Philip Morris International group of companies ("PMI").
What is a "Touchpoint"? In these terms and conditions, a "Touchpoint" refers to any method by which you get in contact with us. Some touchpoints are digital, like mobile applications and websites, for example.
Who are we? Philip Morris S.A., a Philip Morris International group company. We have identified ourselves to you and given you our contact details in the Touchpoint that guided you here.
How can you accept these terms and conditions? By using the Touchpoint, you accept these terms and conditions of use (the "Terms and Conditions"). The first time that you connect to the Touchpoint, we will draw your attention to these Terms and Conditions. They contain important information about your use of the Touchpoint. Please read the Terms and Conditions before using the Touchpoint, because you will be bound by them.
Disclaimer of liability: By using the Touchpoint, you accept our exclusion of liability, explained in more detail in these Terms and Conditions. To summarize, use of the Touchpoint is at your own risk. We will not be liable and provide no warranty (express or implied) in connection with the Touchpoint or your use thereof.YOU ARE NOT AUTHORIZED TO USE THE TOUCHPOINT IF YOU DO NOT ACCEPT ALL THE TERMS AND CONDITIONS.
Additional terms and conditions: If you wish to use certain parts of the Touchpoint or take advantage of any promotions that we offer to you through it, such services may be subject to other terms and conditions or notices. In such a case, this will be brought to your attention and, in some situations, you will be asked to read and confirm your acceptance of any such terms and conditions or notices before continuing.
Changes to these Terms and Conditions: We may amend these Terms and Conditions at any time. In such a case, we will notify you of such changes the first time you connect to the Touchpoint after the changes have been made. If you then continue to use the Touchpoint, such use constitutes your acceptance of the amended Terms and Conditions. The date at the top of this page indicates when these Terms and Conditions were last updated.
Use of the Touchpoint
The Touchpoint is intended to be used by adult tobacco-product consumers aged 18 years and over who want to continue to consume tobacco products (the "Intended Users") and who reside in Switzerland. If you do not meet the conditions mentioned above, you must not use the Touchpoint.
To create an account for the Touchpoint, you must give us some personal information so that we may verify your eligibility to use the Touchpoint. Typically, this information will relate to your status as a smoker or user of tobacco products, how you use tobacco, your name, age, country of residence and e-mail address/telephone number. We will hold your information in accordance with our Confidentiality Declaration (see the "Confidentiality and Cookies" section below for more information).
If you cause a technical disruption in the Touchpoint or the systems transmitting the Touchpoint to you or to others, you agree to assume full responsibility for any losses (e.g. loss of data, profits, income, contracts and/or clients) and/or any damages (e.g. direct, indirect, punitive and/or consequential damage) caused, as well as responsibility for all costs relating thereto (e.g. attorneys’ fees and/or court costs).
Registration and your information
If you want to use the Touchpoint, you will have to create an account. You should do this via the Touchpoint. It is important that you provide us with accurate, complete and up-to-date information for your account. You agree to ensure that your information is always accurate, complete and up-to-date. You agree not to disclose your account password to anyone. You are responsible for all activities that occur in your account, whether or not you know about them.
You must not use anyone else's password or account. You must not attempt to gain unauthorized access to the Touchpoint. Should you attempt to do so, or assist others to do so, or if you 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 Touchpoint" below). You must immediately notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the Touchpoint.
We may provide you with information about our products and services that might be of interest to you and contact you for this purpose by telephone, SMS or e-mail, unless you have specified not to do so. You may at any time choose not to receive or to no longer receive this information and marketing communications by using the option available upon creating your account, the unsubscribe mechanism in the marketing communications themselves, or the unsubscribe mechanism provided in the "my profile" section of your user account on www.iqos.com. To manage push notifications, go to the settings page of your telephone or the settings of the App (see profile/settings/notifications). If you deactivate push notifications in the App, you will no longer receive any information via push notifications.
Modification and suspension of the Touchpoint
We reserve the right to modify, suspend, or terminate operation of or access to the Touchpoint, or any portion of it, at our discretion. For example, we may terminate operation of the Touchpoint for users if we have reason to believe that the Touchpoint is being used by someone who is not an Intended User.
We may also update the Touchpoint and change its content at any time. Although we make reasonable efforts to update the information in the Touchpoint, please note that any or all content in it may be out of date at any given time, and we are under no obligation to update it.
We may also terminate the regular operation of the Touchpoint, or any portion of it, as necessary to perform in particular routine or non-routine maintenance, to correct errors, or to make other changes.
Lastly, please note that most Touchpoints are accessible only from Switzerland at PMI's discretion.
Use of the Touchpoint and its Content
The Touchpoint and all its content (including software, files, graphics, data, images and any other form of content) (the "Content") are our exclusive property and that of our affiliates or our licensors (or any combination of the foregoing), and are protected by Swiss law and/or the laws of other countries.
All intellectual property rights with regard to the Content are reserved by us or our licensors. You are not authorized in particular to 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, all or any part of the Touchpoint or its Content.
The Touchpoint and its Content are provided solely for your personal and private use. You are not authorized to use them for any other purposes (for example, you are not authorized to use them for business or commercial purposes). Please note the "Disclaimer of liability" clause below.
The Touchpoint may include links to third-party websites. These links are provided to facilitate and enhance your navigation only. As we have no control over such websites and do not review them, please note that:
- - We do not endorse them, we are not responsible for them, and we make no promise and give no warranty in relation to them. In particular, we are not responsible for the terms and conditions that govern such websites or their privacy protection practices, availability, 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 are not authorized to frame, link or deep-link the Touchpoint to any other website.
Confidentiality and Cookies
To the extent that we collect any personal information about you through the Touchpoint, we will collect and process it in accordance with our Confidentiality Declaration. Please read it to find out more about the type of 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.
Disclaimer of liability
The Touchpoint is made available to you on an "as is" basis, except where we have expressly stated otherwise in these Terms and Conditions. In addition:
- We will not be liable for any losses (e.g. loss of data, profits, income, contracts and/or clients) and/or any damages (e.g. direct, indirect, punitive and/or consequential damage) incurred and we will not be responsible for any costs relating thereto (e.g. attorneys’ fees and/or court costs). This exclusion of liability pertains in particular in case of breach of these Terms and Conditions or use of technologically harmful material or procedures (such as a virus or a distributed denial-of-service attack) that may affect your computer equipment, software, data or other material in connection with your use of our Touchpoint or any website linked to it;
- We accept no liability as to the suitability or fitness of the Touchpoint to meet your needs. To the fullest extent permitted by law, we exclude all express or implied representations, warranties, and promises, including:
- - that the Touchpoint and any content contained in or transmitted via the Touchpoint or otherwise made available in connection with the Touchpoint are accurate, complete, timely, up-to-date, suitable, or will operate in an error-free manner;
- - that access to the Touchpoint will be uninterrupted or error-free; and
- - that the Touchpoint and the computer system from which the Touchpoint is made available are free of viruses or other harmful components.
- It is your responsibility, and not ours, to ensure that the Touchpoint is suitable for your own purposes when you use it.
You acknowledge and agree that the operation of the Touchpoint is dependent upon the operation of the internet and other third-party equipment and services (including your own devices or web browser), and that we do not guarantee, and will not be liable for, these in any way.
IQOS Referral Program
The IQOS Referral program allows Intended Users who reside in Switzerland and use the Touchpoint in Switzerland to offer their adult smoking friends who reside in Switzerland discount vouchers on the purchase of IQOS products. In exchange, we may use our discretion to reward Referral program participants with gift vouchers valid in Switzerland on www.iqos.com. To participate in the IQOS Referral program, Intended Users must be properly registered on www.iqos.com in Switzerland and must have one or more IQOS devices registered in Switzerland under their online account.
A Referral is considered successful if:
- The referred person is an adult smoker residing in Switzerland.
- The referred person is registered in Switzerland on www.iqos.com and obtains access to the website following age verification.
- The referred person orders an IQOS Kit in Switzerland on iqos.com using the promotional code provided by the referrer. The discounted-price order must be confirmed by the referred person.
For each successful referral, we may use our discretion to reward the referrer with a gift voucher valid in Switzerland on www.iqos.com. We reserve the right to change the value at any time of the discount vouchers valid for the IQOS referral program, products for which these vouchers are valid, and the value and type of any other reward offered to IQOS referral program participants. The number of people that a participant may refer is limited to 10 referrals. A person may be referred only once. Consequently, if a participant refers the same person multiple times, the referrer will be rewarded only once at our discretion. If two participants refer the same person, only the first successful referral will be rewarded at our discretion. We reserve the right to exclude a participant from the IQOS referral program at any time without cause. Lastly, we also reserve the right to amend the terms and conditions, suspend or terminate the referral program at any time and at our discretion.
Conditions of sale for tobacco-based or tobacco-related products on www.iqos.com
Only users of tobacco products aged 18 years and over residing in Switzerland may purchase IQOS system items (IQOS, charger, cleaning set, USB cable, plug, etc.), tobacco products (HEETS) and related merchandise (the "Products") on www.iqos.com. When you order Products, you are responsible for ensuring that the Products are not used by minors. Philip Morris S.A. reserves the right to modify offerings for Products at any time and to permanently discontinue certain Products.
By registering on and using iqos.com, each user must confirm that he or she is at least 18 years of age.
You are obligated to accept these conditions of sale before placing any order. When you place an order for Products, www.iqos.com will send you a confirmation e-mail with the details of your order and confirmation that we accept your offer. From that moment, you have entered into the contract of sale and your order cannot be changed or canceled. Products may neither be returned nor exchanged, unless you meet the conditions described in the "Order Retraction/Cancellation" and "Warranty for Defects" clauses below. You are responsible for updating your address before placing any order. If these conditions of sale are not met when using www.iqos.com, we reserve the right to cancel your order and to bar your access to the Site by terminating your user account without notice.
Minimum and maximum order
Unless otherwise specified on www.iqos.com, the minimum quantities per order are as follows:
- - 1 pack of 20 HEETS; or
- - 1 IQOS kit; or
- - 1 individual item of the IQOS system; or
- - 1 special offer (e.g. 1 set of 2 packs);
- - any unit of another Product.
Philip Morris S.A. may modify the minimum quantities and maximum amount of Products specified above at any time at its discretion.
We make every effort to provide the best availability of Products offered on www.iqos.com. However, if a product is no longer available once an order is placed, you will receive a message from www.iqos.com informing you that your order will be delayed or canceled in part or in full. If delayed, you have the option to cancel your order or to redeem a corresponding credit on a subsequent order on www.iqos.com. Nevertheless, we reserve the right to replace an item that is no longer available with another item of the same type (e.g. a different color). In this case, you will still have the option to cancel your order if you do not want this change.
Resale of Products purchased on www.iqos.com is strictly prohibited.
All prices posted on www.iqos.com include VAT at the rate in effect. Prices posted at the time the order is placed are valid.
You may pay by credit card or debit card (Visa, MasterCard or PostCard). The minimum is CHF 5.00 (five Swiss francs) per order and does not include delivery charges. Your account will be debited as soon as the order is confirmed. Upon confirmation of the order, you may not be reimbursed unless you meet the conditions of the "Right of return and retraction" clause below.
You may also pay your invoice through the SWISSBILLING SA ("Swissbilling") system. With your consent, Swissbilling may impose special conditions and a credit check to accept payment-by-invoice for orders. This credit check consists of verifying customer data in other databases (e.g. collection agency) before acceptance. You will be charged additional fees for the use of this payment-by-invoice function (CHF 5.10 per purchase if the invoice is sent by postal mail and CHF 1.90 if sent by e-mail).
We reserve the right not to offer certain payment methods and to refer to other available payment methods. In this case, we are not required to specify the reasons for our decision.
We use Secure Socket Layer (SSL) encryption and other certified encryption technologies and systems to ensure the security of users' personal data.
La Poste has been chosen to deliver products ordered in Switzerland to your home. Delivery is limited to Switzerland and no cross-border delivery is permitted.
In general, confirmed orders are delivered to the address specified in the order confirmation. If you are absent at the time of delivery, the order will be left in your mailbox (parcel compartment), if possible. If this is not possible, you will receive a notice to pick it up at the post office. If your package is not picked up at the post office in the allotted time, the price of the order remains due and will not be reimbursed. We are free to dispose of Products that have not been picked up at the post office and that have been returned to us, and to sell them to a third party without authorization. However, you have the option to request redelivery of Products of the same type in the same quantities, as long as there is available inventory and you prepay the return costs and the costs to redeliver the item.
Standard delivery charges in Switzerland are offered for orders of CHF 5.00 (five Swiss francs) or more.
We may change the values specified above at any time.
Delivery schedules and times
Orders are generally delivered within three business days after the order is placed, if the order is placed Monday to Thursday. Orders placed on Friday morning will normally be delivered on Tuesday. Orders placed on Saturday or Sunday will normally be delivered on Wednesday. Delivery schedules and delivery times are not guaranteed and may vary. You will not be compensated for delivery delays. You may not choose a specific delivery time or demand delivery on a specific day.
There are no deliveries on Sundays or national and cantonal holidays.
Disclaimer of liability
We will not assume liability for any loss and/or damage and we will not be responsible for any costs related thereto. This exclusion of liability applies in particular if the order cannot be delivered or if delivery is delayed, if www.iqos.com does not function or functions poorly, if the information on www.iqos.com is inaccurate or incomplete, if the delivery address is incorrect, in case of viruses or other technical problems, in case of theft or other incidents related to delivery of the Products.
You may cancel or return your order from the date you placed your order until 30 days after receipt of the items only if the Products are in their original packaging. We will not accept returns of HEETS packs unless they are intact and their plastic wrapping is unopened.
If you have already paid for your items, your reimbursement will not include delivery charges. You are responsible for all costs to send back items that you return to us. If you choose to keep some items and only partially cancel your order, delivery charges will not be reimbursed.
If you wish to cancel or return your order, please contact our toll-free customer service number 0800 050 000, which will explain how to do so. You may also notify us by e-mail at the following address: firstname.lastname@example.org. We will attempt to reimburse you using the same payment method that you used to pay for the items (or, if you have not yet paid for the items, to show this item return in your account balance) as soon as possible and no later than 14 days after we receive your cancellation notice, provided that we have received the returned items or proof that you have returned them within no more than 30 days after you receive the order. Another payment method may be used to reimburse you if you give us your consent. In any case, you will not incur additional charges.
We guarantee reimbursement for any item returned in accordance with this "Order Retraction/Cancellation" clause, provided that all items are returned in the same condition in which you received them. This means that Products must be in their original packaging and must not have been used or damaged.
If the item that you received is defective, please inform us as soon as possible and return the item in accordance with the "Warranty for defects" clause below.
Warranty for defects
You must check the Products received upon delivery. If the Products that you purchased are defective, we comply with applicable legal warranty regulation. We agree to replace any defective Product free of charge, excluding, however, any other remedy and/or legal recourse. If you wish to file a complaint about defective Products that we have delivered, including damage incurred during shipment, please let us know immediately by contacting our toll-free customer service number 0800 050 000 or the following e-mail address: email@example.com
Theft and use of the Products
As soon as the Products are delivered to you or left in your mailbox (parcel compartment), we will not be liable for their theft or improper use. It is your responsibility to ensure that the Products are not stolen or used by minors under the age of 18.
Jurisdiction and Governing Law
Swiss law governs these Terms and Conditions and your use of the Touchpoint. You irrevocably acknowledge the exclusive jurisdiction of the courts of the Canton of Vaud for any proceedings to enforce these Terms and Conditions. The Touchpoint has been designed to comply with the laws of the jurisdiction.
Our other rights under these Terms and Conditions
We may transfer our rights and obligations under these Terms and Conditions to a third party, but this will in no way affect your rights under these Terms and Conditions.
If we fail to insist that you perform your obligations under these Terms and Conditions, or if we do not enforce our rights against you or delay in doing so, that in no way means that we waive our rights to enforce any such breach against you or that you are no longer required to comply with those obligations. If we decide to waive our right to enforce a default or breach of these Terms and Conditions, we will do so only in writing.
Each of the clauses of these Terms and Conditions is valid separately. This means that if any court or competent authority decides that any of the clauses are unlawful, illegal, or unenforceable, the remaining clauses will remain in full force and effect. The French version of these Terms and Conditions of Use for Digital Touchpoints is authoritative.
These Terms and Conditions are not intended to give rights to anyone other than you and us.
Please contact us:
- if you think that the Touchpoint infringes on your copyrights or contains content that you think is illegal or offensive or infringes on your rights or others' rights, or
- for any question that you may have about these Terms and Conditions or the Touchpoint.
IQOS Customer Service
Telephone: 0800 050 000 (toll-free call)