IQOS AUTOMATIC DELIVERY SERVICE

Terms and Conditions

Last update: 01.03.2023

  1. Introduction to the IQOS Automatic Delivery Service

Welcome to the IQOS automatic delivery service (“IQOS ADS”) which entitles you to regular free-delivery of tobacco stick bundles to your nominated delivery address.

We own and operate the www.iqos.com website. We have hired the company Ch. Margot & Cie S.A. for the logistics related to preparing, packaging and invoicing products ordered on www.iqos.com.

  1. Application of Terms and conditions

These terms and conditions (“Terms”) are between you (“you”, “your”) and Philip Morris Switzerland Sàrl (“Philip Morris”, “we”, “our”, “us”) and govern your subscription to IQOS ADS. You should read these Terms carefully before using IQOS ADS as they affect your legal rights. You must accept these Terms in order to subscribe to IQOS ADS.

Your acceptance of these Terms is deemed to occur in Switzerland, the country of your registered residence as per our records.

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, you may cancel your IQOS ADS subscription. Your continued use of IQOS ADS constitutes your consent to be bound by these Terms.

  1. Eligibility

You are eligible for IQOS ADS if: (i) a registered user on www.iqos.com of legal age (a minimum of 18 years old) (“Register User”); and (ii) your delivery address and your home address are in Switzerland.

Only individuals may benefit from IQOS ADS. Companies, partnerships, unincorporated associations and other legal entities are not eligible.

You can only have one IQOS ADS active subscription. The acceptance of your subscription to IQOS ADS is at our discretion and we reserve the right to refuse your subscription.

Under IQOS ADS, tobacco sticks may only be ordered by bundle(s) (one bundle of tobacco sticks contains 10 packs, each of which contain 20 tobacco sticks), with a minimum of two (2) bundles per order / per month and a maximum of six (6) Bundles per month. We may modify the minimum quantities and maximum amount specified above at any time at its discretion.

Resale of tobacco stick bundles/packs purchased on www.iqos.com is strictly prohibited.

  1. Start of your IQOS ADS subscription

Your IQOS ADS subscription will start once you have completed the below steps and once your payment has been processed:

  1. submitted your first Standard Order (your “Standard Order” is the initial order you set up within IQOS ADS that you will then receive on a monthly basis);
  2. selected a delivery range date;
  3. provided your delivery address
  4. provided your payment details; and
  5. accepted these Terms.
  1. Prices and Payments

Register User will benefit from the registered user price offered on iqos.com. This IQOS Automatic Delivery pricing commitment may result in small price fluctuations in your Standard Order. We may at our own discretion modify the register user price.

You can pay for the IQOS ADS by credit card, debit card (Visa, MasterCard or PostCard), PayPal or TWINT. 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.

Payment will be taken on or around the date when we process each monthly Standard Order for delivery (“Cut-Off Date”). From that moment, you have entered into a contract of sale and your order cannot be changed or cancelled. Products may neither be returned nor exchanged, unless you meet the conditions described in the "Order Retraction/Cancellation" and "Warranty for Defects" clauses below.

We will send you a monthly order confirmation of your IQOS ADS subscription which will be based on your Standard Order.

If all eligible payment methods we have on file for you are declined for the payment of your Standard Order, you must provide us with a new eligible payment method promptly or your IQOS ADS will be paused until such time you provide us with a new eligible payment method.

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 order.

  1. Customizing your IQOS ADS

IQOS ADS is a monthly service that provides you flexibility. You may customize your Standard Order at any time up to the Cut-Off Date which is displayed on your IQOS ADS account dashboard.

You may customize your Standard Order to increase it up to a maximum of six (6) tobacco stick bundles per month across the full range of variants available within Switzerland (excluding Limited Edition variants). You may also decrease your Standard Order subject to the minimum set out in Section 3.

You may customize your Standard Order to change the variant(s) selected to any of the variants available within Switzerland (excluding Limited Edition variants).

You may customize your Standard Order to change your delivery address provided that your new delivery address is in Switzerland.

Each customization request will automatically update your Standard Order to reflect the changes you have requested for all future IQOS ADS deliveries.

  1. Changing your IQOS ADS delivery date

You may change your next 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 ADS deliveries will still be delivered according to the normal schedule based on your Standard Order.

You may change all future delivery dates by selecting a new date range each month on your IQOS ADS account dashboard. If you change the delivery date after the Cut-Off Date of your next IQOS Automatic Delivery, your change will take effect after that delivery.

  1. Pausing your IQOS ADS subscription

You may pause your IQOS ADS for up to 60 days in a row and within the limit of a total of 90 days per year.

If your pause request is made after the Cut-Off Date of your next IQOS Automatic Delivery, your change will take effect after that delivery.

We will pause your IQOS ADS subscription 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.

Without prejudice to Section 12, we will pause your IQOS ADS subscription 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.

Without prejudice to Section 12, we will pause your IQOS ADS subscription if your payment is not made due to your payment method having expired. We will contact you to ask you to update your payment method.

  1. IQOS CLUB members

This section is only applicable to IQOS CLUB Members.

IQOS CLUB Members 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.

*Price may vary for limited editions. A maximum number of tobacco stick bundles can be purchased at member prices every 30 days. The maximum number depends on your IQOS CLUB status: 4 for Silver and 6 for Gold or Platinum. If you reach the maximum within 30 days, the registered user price will be applied to any further purchase(s).

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 15 IQOS CLUB points.

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, and consequently lose all IQOS CLUB benefits including IQOS CLUB points and the member pricing, your IQOS Automatic Delivery service will keep running and the registered user price will apply. If however, you decide to terminate your account on www.iqos.com altogether, you will in that case terminate your IQOS Automatic Delivery and consequently lose any related IQOS CLUB points.

  1. Bonuses and Rewards

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.

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.

  1. Your Obligations

You agree:

  1. not to sell or transfer any bonuses or rewards you may receive under IQOS ADS;
  2. you are responsible for all purchases made through your IQOS ADS subscription;
  3. you are responsible for all actions and changes to your Standard Order;
  4. 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;
  5. to comply with applicable law; and
  6. to comply with these Terms.

  1. Termination of your IQOS ADS subscription

Your IQOS ADS subscription may be terminated by you or Philip Morris in accordance with this Section 12.

You may terminate your IQOS ADS subscription at any time by logging in to your IQOS ADS account on www.iqos.com and clicking on the “Cancel” button or by calling our IQOS Customer Service. If you terminate after the Cut-Off Date of your next IQOS Automatic Delivery, your termination will take effect after that delivery.

We may terminate your IQOS ADS subscription at any time with immediate effect if you breach these Terms.

Upon termination of your IQOS ADS subscription, no further monthly deliveries will be made and no further monthly payments will be due.

  1. Delivery 

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, Standard Orders are delivered to the address specified in the monthly 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 items ordered 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.

There are no deliveries on Sundays or national and cantonal holidays.

  1. Order Return

You may return your order up to 30 days after receipt of each Standard Order delivery only if the tobacco stick bundles are in their original packaging. We will not accept returns 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, when applicable. You are responsible for all costs to send back items that you return to us.

If you wish to return your order, please contact our IQOS Customer Service number 0800 050 000, which will provide all relevant instructions. You may also notify us by e-mail at the following address: contact.ch@iqos.com. We will attempt to reimburse you using the same payment method that you used to pay for the items 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 Return" clause, provided that all items are returned in the same condition in which you received them. This means that items must be in their original packaging and must not have been used or damaged.

If the item(s) you received is defective, please inform us as soon as possible and return the item in accordance with the "Warranty for defects" clause below.

  1. Warranty for defects 

You must check the tobacco stick bundles received upon delivery. If the items you purchased are defective, we comply with applicable legal warranty regulation. We agree to replace any defective item free of charge, excluding, however, any other remedy and/or legal recourse. If you wish to file a complaint about defective items that we have delivered, including damage incurred during shipment, please let us know immediately by contacting our toll-free IQOS Customer Service number 0800 050 000 or the following e-mail address: contact.ch@iqos.com

  1. Theft and use of the tobacco stick bundles

As soon as the tobacco stick bundles 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 items are not stolen or used by minors under the age of 18.

  1. Data Privacy

We will receive, store, and otherwise process your personal information in connection with your IQOS ADS subsciption and administering it. To learn how we use your personal information collected in connection with your IQOS ADS subscription, read the Philip Morris Privacy Notice at https://www.pmiprivacy.com/switzerland/en/consumer/.

  1. Warranty/Representation/Limitation of Liability

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 ADS subscription. This exclusion of liability applies in particular if the Standard 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 your Standard Order. Philip Morris shall not be liable for any of the losses described in this Section 18 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 ADS subscription.

Nothing in this Section 18 excludes any liability that cannot be excluded by applicable law.

  1. Jurisdiction and Governing Law 

These Terms are subject to the laws of Switzerland. Any legal dispute will be subject to the exclusive jurisdiction of the courts of the Canton of Vaud.

  1. Miscellaneous

If we fail to insist that you perform your obligations under these Terms, 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, we will do so only in writing.

Philip Morris is not responsible for any incorrect or inaccurate information supplied by you during your subscription to IQOS ADS, nor for any lost or misdirected communications to or from you regarding your IQOS ADS subscription.

Notices by Philip Morris hereunder may be made in writing including by email or through an announcement on our website.

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.

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.

These Terms and Conditions are not intended to give rights to anyone other than you and us.

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.

Contact us

IQOS Customer Service

Telephone: 0800 050 000 (toll-free call)

E-mail: contact.ch@iqos.com