IQOS AUTOMATIC DELIVERY

Terms and Conditions

01.11.2021

  1. Introduction to the IQOS Automatic Delivery service
    1. Welcome to the IQOS Automatic Delivery service (IQOS Automatic Delivery) which entitles you to free regular delivery of tobacco consumables (tobacco sticks) to your nominated delivery address.
  2. Application of Terms and conditions
    1. These terms and conditions (Terms) are between you and Philip Morris Switzerland Sàrl (Philip Morris) and govern your IQOS Automatic Delivery service. You should read these Terms carefully before using the IQOS Automatic Delivery service as they affect your legal rights.
    2. To commence your IQOS Automatic Delivery, you must accept these Terms by clicking the ‘I agree’ button or box on our IQOS.com for IQOS Automatic Delivery.
    3. Your acceptance of these Terms is deemed to occur in Switzerland, the country of your registered residence as per our IQOS database.
    4. We may amend these Terms at our own discretion. Unless we expressly state otherwise, all amendments will be immediately effective on the posting of such updated Terms on our website IQOS.com. If you do not agree to the changed Terms, then you may cancel your IQOS Automatic Delivery service. Your continued use of the IQOS Automatic Delivery service constitutes your consent to be bound by these Terms.
  3. Eligibility
    1. You are only eligible for the IQOS Automatic Delivery service if: (i) you are an IQOS user of legal age (a minimum of 18 years old); and (ii) your delivery address and your home address is in Switzerland.
    2. Only individuals may benefit from the IQOS Automatic Delivery service. Companies, partnerships, unincorporated associations and other legal entities are not eligible.
    3. Your receipt of IQOS Automatic Delivery is at our discretion and we reserve the right to refuse your IQOS Automatic Delivery.
    4. You can only have one IQOS Automatic Delivery service active.
    5. Under the IQOS Automatic Delivery service, tobacco consumables may only be ordered by the bundle (one bundle of tobacco sticks contains 10 packs, each of which contain 20 tobacco sticks).
  4. Start of your IQOS Automatic Delivery / Payments
      Your IQOS Automatic Delivery service will start once you have:
    • - selected a starting date,
    • - submitted your first Standard Order (your Standard Order is the initial order you set up within your IQOS Automatic Delivery service that you will receive on a monthly basis), must be a minimum of two (2) bundles of tobacco sticks per month),
    • - provided your payment details,
    • - accepted the terms and conditions applicable to Switzerland
    • - and once your payment has been processed.
    1. You can pay for your IQOS Automatic Delivery by PayPal, PostFinance or TWINT..
    2. Philip Morris will send you a monthly order confirmation of your IQOS Automatic Delivery which will be based on your Standard Order.
    3. Payment will be taken on or around the date when Philip Morris processes each monthly IQOS Automatic Delivery order for delivery (Cut-Off Date).
    4. If all eligible payment methods Philip Morris has on file for you are declined for payment of your IQOS Automatic Delivery, you must provide us with a new eligible payment method promptly or your IQOS Automatic Delivery will be paused until such time as you provide Philip Morris with a new eligible payment method.
  5. Customising your IQOS Automatic Delivery
    1. IQOS Automatic Delivery is a monthly service that allows you flexibility. You may customise your Standard Order at any time up to the Cut-Off Date which is displayed on your IQOS Automatic Delivery account dashboard.
    2. You may customise your Standard Order to increase it up to a maximum of five (5) bundles of tobacco sticks per month across the full range of variants available within Switzerland (this excludes the Limited Edition variants). You may also decrease your Standard Order subject to Section 5 which sets out the minimum IQOS Automatic Delivery order (two (2) bundles of tobacco sticks per month).
    3. You may customise your Standard Order to change the variant(s) selected to any of the variants available within Switzerland (excluding the Limited Edition variants).
    4. You may customise your Standard Order to change your delivery address provided that your new delivery address is in Switzerland.
    5. Each customisation request will automatically update your Standard Order to reflect the changes you have requested for all future IQOS Automatic Deliveries.
  6. Changing your IQOS Automatic Delivery Date
    1. You may change your delivery date at any time up to the Cut-Off Date by bringing the date forward by up to one week, or delaying it by up to one week. Any subsequent IQOS Automatic Delivery will still be delivered according to the normal schedule for your Standard Order.
    2. You may change your future delivery dates by selecting a new date range each month on your IQOS Automatic Delivery account dashboard. If you change the delivery date after the Cut-Off Date for your next IQOS Automatic Delivery, your change will take effect after that delivery.
  7. Pausing your IQOS Automatic Delivery
    1. You may pause your IQOS Automatic Delivery service by logging in to your account for periods of up 90 days, ensuring they are not successive.
    2. If your pause request is made after the Cut-Off Date for your next IQOS Automatic Delivery, your change will take effect after that delivery.
    3. Philip Morris will pause your IQOS Automatic Delivery if the variants specified in your Standard Order are out of stock on the date we process your order. We will contact you to ask if you wish to order other in stock variants instead.
    4. Without prejudice to Section 13, Philip Morris will pause your IQOS Automatic Delivery in the event we are unable to access your delivery address or if we are informed you are no longer at the delivery address. We will contact you to request that you update your address
    5. Without prejudice to Section 13, Philip Morris will pause your IQOS Automatic Delivery if your payment is not made due to your credit card having expired. We will contact you to ask you to update your payment method.
  8. IQOS Automatic Delivery Pricing Commitment
    1. IQOS Automatic Delivery customers will benefit from the member pricing offered on iqosclub.ch and the member pricing available to IQOS CLUB members of their status at the Cut-Off Date for that month’s IQOS Automatic Delivery order. This IQOS Automatic Delivery pricing commitment may result in small price fluctuations in your Standard Order. We may at our own discretion modify the IQOS CLUB member pricing.

      Certain offers which include receiving free or discounted products/items with the purchase of tobacco stick bundles (for example: “Buy X number of tobacco stick bundles and get a gift”) are not included in your IQOS Automatic Delivery service. To benefit of such offers you will have to purchase the full offer separately to your IQOS Automatic Delivery service. If you do not wish to receive your IQOS Automatic Delivery Standard order on top of the offer we recommend you to pause or skip your IQOS Automatic Delivery service.
    2. Any updates or revisions you make to quantities, types of products, and possibly even variants in your IQOS Automatic Delivery order may change the price of your IQOS Automatic Delivery.
  9. Bonuses and Rewards
    1. IQOS Automatic Delivery customers may benefit from free products such as free cleaning sticks for IQOS devices (only for orders including HEETS) or other benefits depending on their IQOS CLUB member status.
  10. Your Obligations
    1. You agree:
      • (a) not to sell or transfer any bonuses or rewards you may receive under the IQOS Automatic Delivery service;
      • (b) to keep your IQOS Automatic Delivery account, including its password, safe and secure;
      • (c) that you are responsible for all purchases made on your IQOS Automatic Delivery account;
      • (d) that you are responsible for all actions and changes to your IQOS Automatic Delivery account in the logged in pages on your IQOS Automatic Delivery dashboard;
      • (e) that you will notify us immediately if you suspect or know that anyone has gained unauthorised access to your IQOS Automatic Delivery account;
      • (f) to promptly inform us when you change your address and/or payment details and provide to us your new address details and/or new payment details;
      • (g) to comply with applicable law; and
      • (h) to comply with these Terms.
  11. IQOS CLUB points
    1. Upon signing up for your first IQOS Automatic Delivery, as a member of the IQOS CLUB you will receive 50 IQOS CLUB welcome points. The 50 IQOS CLUB welcome points are only applicable once per user. Additionally, for each monthly IQOS Automatic Delivery, you will receive 20 IQOS CLUB points.
    2. If you decide to terminate your IQOS Automatic Delivery service, you are still entitled to retain the IQOS CLUB points that were rewarded to you and still remain an IQOS CLUB member. If you decide to terminate your IQOS CLUB membership, your IQOS Automatic Delivery service will be unaffected and will keep running. If however you decide to terminate your account on IQOS.com altogether, you will in that case terminate your IQOS Automatic Delivery and consequently lose any related IQOS CLUB points
  12. Termination of the IQOS Automatic Delivery service
    1. Your IQOS Automatic Delivery service may be terminated by you or Philip Morris in accordance with this Section 13.
    2. You may terminate your IQOS Automatic Delivery at any time by logging in to your IQOS Automatic Delivery account and clicking on the “Cancel” button or by calling our Customer Care team. If you terminate after the Cut-Off Date for your next IQOS Automatic Delivery, your termination will take effect after that delivery. You may still continue to benefit from the IQOS CLUB subject to its Terms & Conditions.
    3. Philip Morris may terminate your IQOS Automatic Delivery at any time with immediate effect if you breach these Terms.
    4. Upon termination of your IQOS Automatic Delivery, no further monthly deliveries will be made and no further monthly payments will be payable.
  13. Data Privacy

    Philip Morris will receive, store, and otherwise process your personal information in connection with your IQOS Automatic Delivery and administering it. To learn how we will use your personal information collected in connection with your IQOS Automatic Delivery, read the Philip Morris Privacy Notice at pmi.com/privacy-notice.

  14. Warranty/Representation/Limitation of Liability
    1. Philip Morris shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any direct losses, loss of profits, sales, revenues or savings, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising or otherwise resulting from your IQOS Automatic Delivery. Philip Morris shall not be liable for any of the losses described in this Section 15.1 even if you have informed Philip Morris of the possibility of such losses. This limitation of liability will apply to the fullest extent permitted by applicable law and will survive cancellation or termination of your IQOS Automatic Delivery.
    2. Nothing in this Section 15 excludes any liability that cannot be excluded by applicable law.
  15. Miscellaneous
    1. Philip Morris’s failure to enforce these Terms shall not constitute a waiver of these Terms, or any of its provisions, including our right to terminate your IQOS Automatic Delivery service.
    2. Philip Morris is not responsible for any incorrect or inaccurate information supplied by you during your IQOS Automatic Delivery, nor for any lost or misdirected communications to or from you regarding your IQOS Automatic Delivery.
    3. Notices by Philip Morris hereunder may be made in writing including by email or through an announcement on our website.
    4. These Terms are subject to the laws of the registered office of Philip Morris in Switzerland. Any legal dispute will be subject to the exclusive jurisdiction to the courts of the city in which Philip Morris has its registered office.
    5. Any provision of these Terms declared void or unenforceable by any competent authority or court shall, to the extent of such invalidity or unenforceability, be deemed severable and shall not affect the other provisions remaining which shall continue unaffected.
    6. If there is any conflict in meaning between the English language version of these Terms and any version or translation of these Terms in any other language, the English language version shall prevail.