We take privacy seriously. This notice tells you who we are, what information about you we collect, and what we do with it. Please also read our Terms and Conditions relating to the service you are interested in. They provide more information about the way we do business, and any restrictions on eligibility that may apply.

Who are we?
We are a member of Philip Morris International. Our details (name, address, etc.) will have been given to you separately at the time of (or to confirm) the collection of information about you, for example, in a notice on an app or a website, or in an e-mail, containing a link to this notice.

• PMI: Philip Morris International, a leading international tobacco group. It is made up of a number of companies or “affiliates”.
• PMI affiliates: Each member of the Philip Morris International group of companies is a “PMI affiliate”. “We” (or “us” or “our”) refers to the PMI affiliate that first collected information about you.

PMI product: means a product of ours or of another PMI affiliate.

How do we collect information about you?
We may collect information about you in various ways.

• You may provide us with information directly (e.g. filling in a form, or making a call to us).
• We may collect information automatically (e.g. when you use a PMI app or website).
• We may acquire information from third parties (e.g. publicly-available information on social media platforms such as Facebook and Twitter).

In this notice, we refer to all the methods by which you are in contact with us as “PMI touchpoints”. PMI touchpoints include both physical (for example, retail outlets and events), and digital (for example, apps and websites).

We may collect information that you provide directly. Typically this will happen when you:

• sign up to be a member of our databases (this could be, for example, in person, via app, or online);
• purchase PMI products or services at a retail outlet;
• download, or use, a digital touchpoint (e.g. an app or a website);
• contact us through a touchpoint, or by e-mail, social media or telephone;
• register a device with us;
• subscribe to a PMI panel portal;
• register to receive PMI press releases, e-mail alerts, or marketing communications;
• participate in PMI surveys or (where permitted by law) PMI competitions or promotions; or
• attend an event that a PMI affiliate has organised.

We may collect information about you automatically. Typically this will happen when you:

• visit an outlet that sells PMI products (e.g. by collecting your data at check-out, or through sensors at the outlet that connect with mobile technology);
• attend an event that a PMI affiliate has organised (e.g. through purchases at the event or through sensors at the event that connect with mobile technology);
• communicate with us (for example, through a touchpoint; or social media platforms);
• use PMI touchpoints (e.g. through tracking mechanisms in an app or a website); or
• make public posts on social media platforms that we follow (for example, so that we can understand public opinion, or respond to requests concerning PMI products).

We may also collect information about you automatically through the use of cookies and similar tracking technologies on digital PMI touchpoints. The specific cookies and technologies used will depend on the PMI touchpoint in question. To learn about the cookies (including Google analytics cookies) and similar technologies used on a touchpoint, including how you can accept or refuse cookies, please see the cookie notice made available on or through that touchpoint.

Where permitted by law, we may acquire information about you from third parties. This may include information shared between PMI affiliates, publicly-available profile information (such as your preferences and interests) on third party social media sites (such as Facebook and Twitter), and marketing lists acquired from third party marketing agencies.

We may also collect information in other contexts made apparent to you at the time.

What information about you do we collect?
We may collect various types of information about you:

• information necessary to fulfil your orders
• information necessary to provide warranty services
• information you give us in forms or surveys
• information about your visits to our outlets and events
• information you give us in calls you make to call centres
• information about your preferences and interests
• information necessary to verify your age

Information that we collect from you directly will be apparent from the context in which you provide it. For example:

• if you order a product from us through a touchpoint, you provide your name, contact, billing details, and the products you have chosen so that we can fulfil your order;

• you may provide information on your product preferences and interests so that we can offer you products and services that will interest you;
• if you make an appointment to see us (or someone supporting our products or services), we may collect your name and contact details;
• we may collect information that enables us to verify your age, for example a copy of an identity document or your facial image.

Information that we collect automatically will generally concern:

• details of your visit or call (such as time and duration);
• in a sales outlet or at an event (including areas in the immediate vicinity), how frequently you visit, which areas you visit and for how long, and which purchases you make;
• your use of digital PMI touchpoints (such as the pages you visit, the page from which you came, and the page to which you went when you left, search terms entered, or links clicked within the touchpoint); and
• your device (such as your IP address or unique device identifier, location data, details of any cookies that we may have stored on your device).

Information that we collect from third parties will generally consist of publicly-available profile information (such as your preferences and interests), for example from public social media posts.

For what purposes do we use information about you, and on what legal basis?
In this section, we describe the purposes for which we use personal information. However, this is a global notice, and where the laws of a country restrict or prohibit certain activities described in this notice, we will not use information about you for those purposes in that country.

Subject to the above, we use information about you for the following purposes:

• To comply with regulatory obligations, such as verifying your age and status as a user of our products
• To sell our products to you, including fulfilling your orders, processing your payments
• To provide sales-related services to you, including dealing with your inquiries and requests, and providing warranty services
• To market our products (where permitted by law), including administering loyalty programs, product improvement, market research, developing marketing strategies, administering marketing campaigns, and customizing your experiences at outlets that sell PMI products and at events
• For us or our business partners to inform you of potential opportunities to get involved in marketing or promoting PMI products
• To support all the above, including administering your accounts, enabling you to use PMI touchpoints, corresponding with you, managing your appointments with us or with someone supporting our products or services (for example, regarding a new product, or after-sales service), customizing your experiences of PMI touchpoints, and administration and troubleshooting
• For business analytics and improvements, including improving PMI products, outlets and events, and the information that we (or our affiliates) provide to our customers
• For other purposes that we notify you of, or will be clear from the context, at the point information about you is first collected

The legal basis for our use of information about you is one of the following:

• compliance with a legal obligation to which we are subject;
• the performance of a contract to which you are a party;
• a legitimate business interest that is not overridden by interests you have to protect the information;
• where none of the above applies, your consent (which we will ask for before we process the information).

The purposes for which we use information about you, with corresponding methods of collection and legal basis for use, are:

Where we do not base our use of information about you on one of the above legal bases, we will ask for your consent before we process the information (these cases will be clear from the context).

In some instances, we may use information about you in ways that are not described above. Where this is the case, we will provide a supplemental privacy notice that explains such use. You should read any supplemental notice in conjunction with this notice.

Who do we share your information with, and for what purposes?
We may share information about you with:

• PMI affiliates;
• third parties who provide PMI affiliates or you with products or services;
• PMI affiliates’ carefully selected business partners and advertisers (in areas connected with our products, or consistent with their style and image) so that they can contact you with offers that they think may interest you, in accordance with your preferences; and
• other third parties, where required or permitted by law.

Sharing data with other PMI affiliates

• Information about you will be shared with Philip Morris International Management SA (based in Lausanne, Switzerland), which is the place of central administration of personal data processing for PMI affiliates. Philip Morris International Management SA processes the information about you for all the purposes described in this notice.
• Information about you may be shared with the PMI affiliate that is responsible for the country in which you live (if it wasn’t the PMI affiliate that first collected the information) for all the purposes described in this notice.
• Information about you may be shared with any other PMI affiliate that you contact (for example, if you travel and you want to know where to buy PMI products in a new country, or where to find service or support for PMI products) in order to enhance our service to you.

Details of PMI affiliates and the countries in which they are established are available here.

Sharing data with Third Parties

• We may share information about you with third parties who provide PMI affiliates or you with products or services (such as advisers, payment service providers, delivery providers, retailers, product coaches, information services providers and age verification providers).
• We may share information about you with PMI affiliates’ carefully-selected third party business partners and advertisers (in line with the kind of thing you might associate with our products, for example because they have similar or complementary image, style, or functionality) so that they can contact you with products, services and promotions that they think may interest you, in accordance with your preferences.
• We may share information about you with other third parties, where required or permitted by law, for example: regulatory authorities; government departments; in response to a request from law enforcement authorities or other government officials; when we consider disclosure to be necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity; and in the context of organisational restructuring.

Where might information about you be sent?
As with any multinational organisation, PMI affiliates transfer information globally. Accordingly, information about you may be transferred globally (if your information is collected within the European Economic Area, this means that your information may be transferred outside it).

When using information as described in this notice, information about you may be transferred either within or outside the country or territory where it was collected, including to a country or territory that may not have equivalent data protection standards.

For example, PMI affiliates within the European Economic Area (“EEA”) may transfer personal information to PMI affiliates outside the EEA. In all cases, the transfer will be:

• on the basis of a European Commission adequacy decision;
• subject to appropriate safeguards, for example the EU Model Contracts; or
• necessary to discharge obligations under a contract between you and us (or the implementation of pre-contractual measures taken at your request) or for the conclusion or performance of a contract concluded in your interest between us and a third party, such as in relation to travel arrangements.

In all cases, appropriate security measures for the protection of personal information will be applied in those countries or territories, in accordance with applicable data protection laws.

How do we protect information about you?
We implement appropriate technical and organisational measures to protect personal information that we hold from unauthorised disclosure, use, alteration or destruction. Where appropriate, we use encryption and other technologies that can assist in securing the information you provide. We also require our service providers to comply with strict data privacy and security requirements.

How long will information about you be kept?
We will retain information about you for the period necessary to fulfil the purposes for which the information was collected. After that, we will delete it. The period will vary depending on the purposes for which the information was collected. Note that in some circumstances, you have the right to request us to delete the information. Also, we are sometimes legally obliged to retain the information, for example, for tax and accounting purposes.

Typically, we retain data based on the criteria described in the table below:

What rights and options do you have?
You may have some or all of the following rights in respect of information about you that we hold:

• request us to give you access to it;
• request us to rectify it, update it, or erase it;
• request us to restrict our using it, in certain circumstances;
• object to our using it, in certain circumstances;
• withdraw your consent to our using it;
• data portability, in certain circumstances;
• opt out from our using it for direct marketing; and
• lodge a complaint with the supervisory authority in your country (if there is one).

We offer you easy ways to exercise these rights, such as “unsubscribe” links, or giving you a contact address, in messages you receive.

Some mobile applications we offer might also send you push messages, for instance about new products or services. You can disable these messages through the settings in your phone or the application.

The rights you have depend on the laws of your country. If you are in the European Economic Area, you will have the rights set out in the table below. If you are elsewhere, you can contact us (see the paragraph “who should you contact with questions?” at the end of this notice) to find out more.

Country-specific additional points
According to which country you are in, you may have some additional rights.

If you are in France, find out more…

If you are in France, you have the right to give us instructions regarding information we hold about you in the event of your death (specifically, whether we should store or delete it, and whether others should have the right to see it). You may:

1. issue general instructions to a digital service provider registered with the French data protection supervisory authority (called “CNIL”) (these instructions apply to all use of information about you); or
2. give us specific instructions that apply only to our use of information about you.

Your instructions may require us to transfer information about you to a third party (but where the information contains information about others, our obligation to respect also their privacy rights might mean that we can’t follow your instructions to the letter). You may appoint a third party to be responsible for ensuring your instructions are followed. If you do not appoint a third party in that way, you successors will (unless you specify otherwise in your instructions) be entitled to exercise your rights over information about you after your death:

1. in order to administer your estate (in which case your successors will be able to access information about you to identify and obtain information that could be useful to administer your estate, including any digital goods or data that could be considered a family memory that is transferable to your successors); and
2. to ensure that parties using information about you take into account your death (such as closing your account, and restricting the use of, or updating, information about you).

You may amend or revoke your instructions at any time. For further information on the processing of information about you in the event of your death, see Article 40-1 of the law 78-17 dated 6 January 1978. When you die, by default, you will stop using your account and we will delete information about you in accordance with our retention policies (see the paragraph “How long will information about you be kept?” for details).

Who should you contact with questions?
If you have any questions, or wish to exercise any of your rights, you can find contact details for the relevant PMI affiliate, and if applicable data protection officer, here. Contact details will also be given in any communications that a PMI affiliate sends you.

If your country has a data protection authority, you have a right to contact it with any questions or concerns. If the relevant PMI affiliate cannot resolve your questions or concerns, you also have the right to seek judicial remedy before a national court.

Changes to this notice
We may update this notice (and any supplemental privacy notice), from time to time. We will notify you of the changes where required by law to do so.

Last modified 1 April 2020.

The following General Terms and Conditions also contain legal information about your rights in accordance with the provisions on contracts in distance selling and electronic commerce.

1. Scope of Application, Contract Partners, Delivery Restrictions

1.1 These General Terms and Conditions ("GTC") apply to all contracts concluded between you as a customer ("you") and Philip Morris Austria GmbH ("Philip Morris") as the operator of the online shop at https://at.iqos.com ("IQOS-Webshop"). In the course of the ordering process you accept the version of the GTC valid at the time the order is placed. Deviating or supplementary general terms and conditions of the customer shall only apply if Philip Morris has agreed to them in writing in individual cases.

1.2 These General Terms and Conditions apply to consumers according to the Austrian Consumer Protection Act (KSchG).

1.3 Your contractual partner is Philip Morris Austria GmbH, Vorgartenstraße 206 B-C, 1020 Vienna, Austria, registered with the Commercial Court of Vienna under the register number 375335p. If you have any questions, requests or complaints, please contact Philip Morris at 0800 901 091 (free of charge), or by e-mail at [email protected]

1.4 The following delivery restrictions apply: (i) Philip Morris only supplies to consumers who have reached the age of 18, have their usual place of residence (billing address) in the Republic of Austria and specify an Austrian delivery address.

(ii) Within ten (10) calendar days you may place orders up to a maximum order value of EUR 400 incl. VAT.

2. Registration, Conclusion of Contract

2.1 To order articles in the IQOS-Webshop ("Products") registration and opening a password-protected customer account is required. You must have reached at least 18 years of age to do so. You are required to enter your personal information truthfully and to keep your chosen password strictly confidential to ensure that it does not fall into the hands of any third party. Any disclosure of your password or any other transfer of your access to the IQOS-Webshop to third parties is prohibited. Details on the collection and use of your personal data can be found in Philip Morris' privacy policy in the IQOS-Webshop. Products of Philip Morris must not be used by persons who have not reached 18 years of age.

2.2 The presentation of the products in the IQOS-Webshop does not constitute a binding offer of sale. The offer to conclude a purchase contract is made by you as the customer by clicking on the button "Order now subject to payment" or a similar, unique field that indicates your obligation to pay this order. Philip Morris may accept your offer by shipping the products within five workdays. A confirmation of the receipt of your order will be sent by automated e-mail immediately after your order is submitted; this does not yet constitute an acceptance of contract by Philip Morris.

3. Delivery, Availability of Goods, Right of Withdrawal

3.1 The delivery will take place only within Austria and by parcel service (post office or courier). The shipping risk is borne by Philip Morris.

3.2 If an ordered product is not available because Philip Morris has not been supplied with the product by its suppliers through no fault of its own, Philip Morris may withdraw from the contract. In this case, Philip Morris will immediately inform you and refund any payment already made.

4. Pricing, Shipping costs

4.1 The final prices stated in the IQOS-Webshop include value added tax as required by law and all other price components.

4.2 Delivery is free of shipping costs. As far as specific rights to withdrawal according to the Austrian Distance and Outside Business Act (FAGG) are exercised, the customer pays all direct costs of return of goods.

5. Payment, Reservation of Title

5.1 In general, you may pay by credit card (Mastercard, Visa), Paypal or by instant transfer. In case of credit card payments, your credit card account will be charged when the products are shipped.

In context of the payment procedure, you will enter into independent contracts with these service providers. The respective terms and conditions of the contracting parties will apply.

5.2 Until payment has been made in full, the delivered products remain the property of Philip Morris.

6. Right of revocation

6.1 When concluding a distance selling transaction, consumers have a legal right of revocation, of which Philip Morris will inform you below in accordance with the legal model. Section6.2 contains a model revocation form and Section 6.3 contains clarifications to the legal models and supplementary provisions to which Philip Morris is bound in your favour in addition to the law.

Revocation instructions

Right of revocation

You have the right to revoke this contract within fourteen days without providing any reason.

The withdrawal period is fourteen (14) days from the date on which you or a third party designated by you, other than the carrier, took possession of the goods. If you have ordered several goods as part of a single order and these goods are delivered separately, the withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, took possession of the last good.

In order to exercise your right of withdrawal, you must inform Philip Morris in the form of a clear statement (e.g., a letter sent by post, fax or e-mail) of your decision to revoke this agreement addressed to the contact details as mentioned in Section 1.3. You may use the attached model withdrawal form, which is not mandatory.

In order to comply with the revocation period, it is sufficient that you send the notification of your exercising the right of revocation before the revocation period expires.

Consequences of revocation

In case you withdraw from the contract, we will reimburse you for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date we receive notice of your withdrawal from this Agreement. For this refund we will use the same method of payment used by you for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to refund your payment until we have received the goods back from you or until such time as you have provided evidence that you have returned the goods, whichever case is earlier.

You must return or hand over the goods to us (Philip Morris Austria GmbH, c/o Arvato Logistics Services GmbH, Am Campus 1A, 2431, Enzersdorf an der Fischa) immediately and in any case within fourteen days of the day on which you notify us of the revocation of this contract at the very latest. This period will be deemed to have been observed if you dispatch the goods before the expiration of the fourteen-day period.

You will bear the direct costs of returning the goods. You will be liable for any depreciation in the value of the goods only if such depreciation is due to any handling of the goods beyond that which is necessary to examine their nature, properties and functionality.

6.2 Philip Morris will inform you of the sample withdrawal form in accordance with the statutory provisions as follows:

6.3 Sample withdrawal form

(If you wish to revoke the contract, please fill in this form and send it back.)

–Philip Morris Austria GmbH, Vorgartenstraße 206 B-C, 1020 Vienna, Austria, phone: 0800 901 091 (toll free), email: [email protected]

I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following services (*)

–order date (*)/received on (*)

–Name of the consumer(s)

–Address of the consumer(s)

–Signature of the consumer(s) (only for notifications on paper)

–Date

___________

(*) Delete as applicable.

In addition to the legal requirements, the following applies for the sake of clarification and/or exclusively in your favour:

In the event of revocation, you will bear the direct costs of returning the goods. However, this does not apply if you use a return label provided by Philip Morris, which you can request by calling the toll-free number 0800 901 091. In this case, Philip Morris will bear the costs of the return shipment.

7. Legal warranty and voluntary guarantee

7.1 Your rights in the event of material and title defects will be governed by the statutory provisions that apply. Philip Morris will only assume liability for damages in accordance with Section 8.

7.2 In addition, Philip Morris will grant you a limited manufacturer's warranty for certain Products. The products for which the warranty is granted as well as the warranty conditions can be found in the IQOS Webshop respectively in the package inserts of the delivered product. Furthermore, Philip Morris grants a voluntary money-back-guarantee (30 days) for prepaid (i) electronic Products including possible additional supply of accessories and (ii) other non-electronic Products which have altogether a final order value of at least EUR 60. In that context, you may withdraw from your contract within thirty days upon delivering of goods and the price paid will get refunded to the domestic bank account which you have named within four weeks upon receipt of the returned goods. Partial withdrawal is not allowable. The money-back-guarantee does not apply to damaged or excessively used Products and cannot be claimed multiple times for the same Product model. Mere color variations or comparably minor differences do not establish an independent Product model. The costs of return are paid by the returning party. In case of unjustified return, Philip Morris is entitled to claim amongst others the costs for transport, storage and processing.

7.3 Your legal revocation and warranty rights against Philip Morris are not affected by the aforementioned limited manufacturer’s warranty and voluntary money-back-warranty.

8. Liability for damages

8.1 Philip Morris shall be liable for damages in accordance with the statutory provisions, unless otherwise stipulated below.

8.2 In the event of breaches of duty – for whatever legal reason – Philip Morris will be responsible for intent and gross negligence. In the event of light negligence, Philip Morris will be liable for personal injury, but not for other damages.

8.3 The above limitations of liability also apply to third parties and to breaches of duty by or on behalf of persons for whose fault Philip Morris is responsible for in accordance with statutory provisions. For claims under the Product Liability Act, the statutory provisions will apply exclusively.

9. Final provisions

These General Terms and Conditions and the contractual relationship with you will be governed by Austrian law under exclusion of the UN Convention on Contracts for the International Sale of Goods as well as referencing norms.

Additional important customer information

Technical procedures leading to the conclusion of the contract (shopping cart system); Correction of input errors

Before you place a binding order, you can add any products to your shopping cart without obligation to buy. You can view the contents of the shopping cart at any time without obligation. You can remove the products placed in the shopping cart from the shopping cart at any time.

If you want to purchase the products in the shopping cart, click the button "Continue to checkout" or a similar field. In the next step, the personal information stored in your profile will be displayed. Here you have the possibility to change your delivery address for the order. If you then click the "Next" button, you will see an overview of all the details of the order. As the last step in the order process you can now select your preferred means of payment here. By clicking on the button "Place Order" or a similar, unique field that indicates your obligation to pay this order you complete the order process. This makes your order binding. You will then be redirected to authorize and execute the payment accordingly. The successful transmission of the order and payment details will be confirmed on the website.

Storage of the contract text and accessibility for the customer

Your order will be stored by Philip Morris and can be accessed by you through your password protected user account. In your user account you can also manage your data and view order information.

Contract language

The contract is concluded in the German language.

Codes of conduct to which Philip Morris has committed itself to

Philip Morris has committed itself to the Guidebook for Success prepared by Philip Morris International Inc.

Status: September 2021

1.    The following terms and conditions of certain post-purchase care and Support Services (“myIQOS Terms and Conditions” or short “Terms”) apply, even without reference in the following provisions, as a supplement to the announced and agreed General Terms and Conditions of Philip Morris Austria GmbH, unless expressly stated otherwise, and replace previous contractual provisions regarding essentially identical matters (in particular, Terms and Conditions for Participating in the IQOS Care Plus Program). Application of Terms/Eligibility

1.1    These Terms are applicable to and govern provision of the post-purchase care and support services described in sections 4 - 6 below  (Services). You should read these Terms carefully as they affect your legal rights and govern your relationship with Philip Morris Austria GmbH, Vorgartenstraße 206 B-C, 1020 Vienna, Austria (Philip Morris).

1.2    You may be eligible for the Services only if: (i) you are an adult IQOS user aged 18 years and over and you are and remain properly registered in our IQOS consumers database; and (ii) your main residence is in the Republic of Austria, (iii) you have registered an eligible device as described in paragraph 2.1 (Device) in our database either at iqos.com, by calling customer service center,  at a participating IQOS store or in any other manner verifiably and expressly authorized by Philip Morris. 

1.3    By signing up for myIQOS, clicking ‘I Agree’ or a similar button, or registering for myIQOS through creation of a consumer account (e.g. online), a customer service center, at a participating IQOS store or in any other manner verifiably and expressly authorized by Philip Morris or by using any of the Services, you agree to be bound by these Terms. Likewise, if you register another Device, or if we change these Terms, and you then use any of the Services, you agree to be bound by these Terms. Your acceptance of these Terms is deemed to occur in the country of your registered residence as per our IQOS database. 

1.4    If you do not agree (or cannot comply) with these Terms, then you are not permitted to use the Services.  

1.5    No modification of these Terms by you is permitted unless Philip Morris expressly agrees in writing.

1.6    Unless verifiably and expressly communicated otherwise and considering the provision of the Services free of charge, your use of the Services is at our discretion and we may refuse your application to use, or we may terminate your right to use for any reason including if you breach any of these Terms.

1.7    We reserve the right to amend these Terms and the Services upon notice of at least 14 days at any time. If you do not agree to any such amendments you may terminate your myIQOS relationship and the corresponding Services within 14 days after notice, otherwise your consent to the change is deemed to be given.

2.    Eligible Devices/Registration 

2.1    The following Device models are eligible for the Services:
(a)    IQOS 2.4+, IQOS 3 DUO , IQOS ORIGINALS DUO devices (regarding each device, Holders and Chargers separately or combined as device kits)and any successor models thereof
(b)    IQOS 3 MULTI
(c)    Any other IQOS heat-not-burn device which has been commercialized by Philip Morris in the country of purchase and registration, irrespective whether Philip Morris placed it on the relevant market at the time of publishing these terms or later.

2.2    The Device (i) must have a readable and valid serial number and (ii) has to be purchased directly from (a) Philip Morris, (b) a reseller specifically designated by Philip Morris for myIQOS purposes or (c) any natural person or legal entity verifiably and expressly communicated by Philip Morris in that particular regard.

2.3    In completing the registration process to IQOS consumers database you must provide all required mandatory information in an accurate and complete manner and keep this information up-to-date. If you do not complete the mandatory fields in the application form (such as, for example, age, product use status, email address and/or phone number) your application will not proceed. If you provide inaccurate or incomplete information Philip Morris reserves the right to refuse to provide the Services to you.

2.4    The Services provided are personal to you and may not be transferred to any third party.

2.5    Your use of the Services is linked to your country of main residence, i.e. the Republic of Austria. As the Services are only available in certain countries if you change your country of residence, you will not be able to use the Services.

3.    Term and Termination 

3.1    You may use the Services only (i) in the country of purchase provided that Philip Morris has its registered seat in this country and (ii) within the duration of your  non-statutory IQOS manufacturer’s warranty of 12 months after purchase described in clause 2.2 or differing period verifiably and expressly communicated via official IQOS warranty cards or similarly appropriate ways.  For the avoidance of doubt, the possibility of asserting claims under myIQOS for the relevant Device is linked to the (remaining) term of such manufacturer’s warranty for the same Device. These Terms as such do not grant any contractual manufacurer’s warranty.

3.2    Philip Morris may refuse to provide the Services to you if you breach any of these Terms 

4.     Accidental Damage

4.1    If your Device suffers accidental and unintended damage that affects the functionality of your Device which is not caused by your misuse or reckless behavior (Accidental Damage) you may be eligible for a replacement Device as described in this paragraph 4.

4.2    You must give the damaged Device (including all components) to Philip Morris and you will be provided with a replacement device of the same type equivalent to a new Device in performance and reliability. If a replacement Device of the same type is not available, a Device, in the same category, which is at least functionally equivalent will be provided as a replacement. Philip Morris will keep all replaced Devices. If only part of the Device is damaged e.g. the IQOS 3 holder or the charger, then only the damaged part will be replaced and Philip Morris will only keep the replaced part of the Device.

4.3    Limitations from Accidental Damage
(a)    You must take all reasonable precautions to protect your Device and use and maintain the Device in accordance with its instructions and user guide. If you do not do so then you are not entitled to a replacement Device.
(b)    You are limited to one replacement Device for Accidental Damage for each registered Device.  After the first claim is settled, the Accidental Damage in your country of residence and associated Rapid Replacement on this program will cease. However, you can still receive the remaining Services for your Device until the end of your membership term (registered Device warranty period). Statutory warranty rights remain unaffected.
(c)    You are not entitled to a replacement Device where any of the following circumstances are applicable:
(i)    any product that is not an eligible Device as per the list contained in paragraph 2.1;
(ii)    damage caused by abuse or misuse, or actual, or attempted, modification or alteration of the Device, power surge;
(iii)    Devices with a serial number that has been altered, defaced or removed; 
(iv)    Devices that have been opened, serviced, modified or altered in a manner not authorized by Philip Morris;
(v)    the loss or theft of your Device; 
(vi)    cosmetic damage to your Device which does not affect the functionality of the Device, including, but not limited to, hairline cracks, scratches, dents, broken plastic on ports and discoloration;
(vii)    damage or failure caused by normal wear and tear and/or usage of the Device; 
(viii)     improper handling, damage from fire or flood, or natural disaster, war, terrorism, or acts of God;
(ix)    malfunction due to use with non-compatible product;  
(x)    damage or malfunction caused by failure to use as described in the associated IQOS User Guide; or 
(xi)    failure due to defects in materials and/or workmanship and/or design; however, such failures may be covered separately either by your consumer rights or by the IQOS warranty that is in addition and without prejudice to all rights and remedies provided by consumer protection laws in the country of purchase.

4.4    Making a claim under Accidental Damage
(a)    You must: 
(i)    report your claim to Philip Morris through the website at iqos.com, by calling the customer service center at the number listed for Austria on iqos.com or in any other manner verifiably and expressly authorized by Philip Morris as soon as possible and no later than 14 days from the date your Device suffers Accidental Damage, including the following information: (1) the serial number for the affected Device; (2) description of the symptoms, problems with or causes of the damage to the Device; (3) error messages; and (4) actions taken before the Device experienced problems and any steps you took to resolve the problem;
(ii)    if requested by Philip Morris, you must provide proof of purchase for your Device; and
(iii)    follow packaging and mailing instructions given by Philip Morris for shipping the affected Device to Philip Morris; and
(iv)    otherwise comply with Philip Morris’s return Devices authorization process. 
(b)    You must not send Philip Morris products and accessories that are not supported by Accidental Damage replacement. If you send Philip Morris these items, you will be charged reasonable costs and in more serious cases, they will not be returned and they will be destroyed. Philip Morris is entitled to waive any measures that are disadvantageous to you, either in whole or in part.
(c)    Philip Morris will determine whether you are entitled to a replacement Device in accordance with these Terms. If you are entitled to a replacement Device this will be provided to you in one of the following ways defined by Philip Morris: 
(i)    Courier delivery.  A replacement Device will be couriered to you and you must send the affected Device to Philip Morris 
(ii)    Carry-in service. You can return your affected Device to a participating IQOS store and participating IQOS service points you will be provided with a replacement.
(iii)    Mail-in service. Philip Morris will provide you with prepaid postage and packaging required so that you can send your affected Device Equipment to Philip Morris. Once the screening is complete, Philip Morris will return the Device or a replacement to you. Philip Morris will pay postage costs to and from your Austrian location if all instructions are followed by you.

5.    International Assistance

5.1    You have access to an international toll free number (charges may apply in some locations) when traveling abroad to countries where the Devices are commercialized by Philip Morris or its affiliates or an authorized partner. This service includes troubleshooting assistance from experienced Device agents and may include if required (however, not guaranteed and with no legal right or title of yours), replacement of your Device within (i) Accidental Damage in accordance with these Terms or (ii)  Device issues defined in terms of material or workmanship when used in accordance with the  Device User Guide.  

5.2    Service options, Device availability, response and delivery times may vary according to country.  This service will not affect your statutory rights and rights under your Device warranty valid in the country of purchase.  

5.3    Limitations from International Assistance 
(a)    The limitations contained in paragraph 4.3 (Limitation) apply to Accidental Damage replacement under International Assistance. 
(b)    The following are excluded from replacement of Device issues defined in terms of material or workmanship when used in accordance with the Device User Guide: 
(i)    damage caused by normal wear and tear; 
(ii)    cosmetic damage (such as scratches, dents, broken plastic etc.); 
(iii)    damage caused by misuse, power surge, improper handling or fire; 
(iv)    malfunction due to use with non-compatible product; 
(v)    damage or malfunction caused by attempt to open, modify and repair, either by a user or by a service provider not accredited by the manufacturer; or
(vi)    damage or malfunction caused by failure to use as described in the associated Device User Guide. 

5.4    Making a claim under International Assistance
(a)    You must: 
(i)    report your claim to customer service center by telephoning the number 0800 255 92 559 as soon as possible and no later than 3 days from the date your Device suffers Accidental Damage or  Device issues defined in terms of material or workmanship when used in accordance with the Device User Guide, including the following information: (1) the serial number for the affected Device; (2) description of the symptoms, problems with or causes of the damage to the Device; (3) error messages; and (4) actions taken before the Device experienced problems and any steps you took to resolve the problem;
(ii)    if requested by Philip Morris, you must provide proof of purchase for your Device; and
(iii)    follow packaging and mailing instructions given by Philip Morris for shipping the affected Device to Philip Morris; and
(iv)    otherwise comply with Philip Morris’s return Devices authorization process. 
(b)    Philip Morris will determine whether you are entitled to a replacement Device in accordance with these Terms. If you are entitled to a replacement Device this will be provided to you in one of the following ways defined by Philip Morris: 
(i)    Courier delivery.  A replacement Device will be couriered to you and you must send the affected Device to Philip Morris 
(ii)    Carry-in service. You can return your affected Device to a participating IQOS store and participating IQOS service points where you will be provided with a replacement.
(iii)    Mail-in service. Philip Morris will provide you with prepaid postage and packaging required so that you can send your affected Device Equipment to Philip Morris. Once the screening is complete, Philip Morris will return the Device or a replacement to you. Philip Morris will pay postage costs to and from your location if all instructions are followed by you.

6.    Other Services

6.1    Self Diagnostic Tool: Online tool with information designed to help you diagnose and fix certain issues with your Device or check if you are eligible for Device replacement under your warranty or Accidental Damage Coverage.

6.2    Free Device Replacement Shipment: If you are eligible for a replacement device under your contractual Device warranty or Accidental Damage Coverage service, this service provides for free shipment of your replacement device within the Republic of Austria.

6.3    Rapid Replacement Service. This service provides for rapid replacement of your Device within a certain time period in case of Accidental Damage and/or where you have a valid contractual claim for Device issues defined in terms of material or workmanship when used in accordance with the Device User Guide. For a replacement due to Accidental Damage and your Device warranty, you are limited to one Rapid Replacement Service. Philip Morris undertakes to meet communicated Rapid Replacements Service time periods, nevertheless, deviations due to specific circumstances may occur (e.g., war, diseases, weather conditions, restrained supply chains, strike, traffic disruptions, public holidays) Statutory warranty rights or other claims are not covered by Rapid Replacement Service. Eligibility for this service is determined by Philip Morris. This service is only applicable in the selected locations of your country of registration.

7.    Your Obligations.  
You agree:
(a)    not to misuse the Services;
(b)    to keep your membership account safe and secure; 
(c)    where an exchange takes place, then any replacement Device becomes your property and the replaced Device becomes the property of the entity which makes the exchange; and
(d)    to comply with applicable law.

8.    Warranty/Limitation of Liability

8.1    As the Services are free of charge, each of them is provided ‘As Is’ in accordance with the framework conditions applicable from time to time and without any warranty. Any statutory warranty rights (statutory warranty imposed of the person handing over the good) or rights under a voluntary manufacturer’s warranty remain unaffected.

8.2    Philip Morris shall, in principle, be liable for damages in accordance with the statutory provisions (cf. Sec 945 ABGB). In favor of Philip Morris, possible liabilities pursuant to statutory provisions shall be limited as follows: In the event of breaches of duty – for whatever legal reason – Philip Morris will be responsible for intent and gross negligence in the context of fault-based liability. In case of slight negligence, Philip Morris is only liable for damages to the person, but not for other damages. The above limitations of liability also apply to third parties and to breaches of duty by or on behalf of persons for whose fault Philip Morris is responsible for in accordance with statutory provisions. For claims under the Product Liability Act, the statutory provisions will apply exclusively. 

8.3    Nothing in this paragraph 8 excludes any liability that cannot be excluded by applicable law. 

9.    Miscellaneous

9.1    None of the Services constitutes an insurance policy.  

9.2    The Services are currently provided free of charge.

9.3    Details of the processing of your personal data that you provide us are described in our Privacy Notice available at https://at.iqos.com/de/ueber-iqos/datenschutz.

9.4     These Terms and the contractual relationship with you (including statutory rights and obligations) will be governed by Austrian law under exclusion of the UN Convention on Contracts for the International Sale of Goods as well as referencing norms. 

9.5    For questions, inquiries and contact information please refer to [email protected]
 

Imprint

Philip Morris Austria GmbH

Registered office: Vorgartenstraße 206 B-C, 1020 Vienna, Austria

Phone: +43 1 72786 1001

Email: [email protected]

PRESS & MEDIA: [email protected]

UID no.: ATU67055866

Commercial register court: Commercial Court Vienna, FN 375335p

Company shares: Philip Morris GmbH

Managing Directors: Alexander Schönegger, Markus Schöngassner

Line of business: Trade in goods of all kinds and the provision of marketing activities

Regulatory authority: Magistrate district office for the 2nd district

Competent chamber: Vienna Chamber of Commerce and Industry

Applicable legal regulations: Trade regulations: www.ris.bka.gv.at

Editorial policy: information on electronic commerce goods and promotion of their sale.

Online dispute resolution: Consumers can lodge complaints with the EU Online Dispute Settlement Platform: http://ec.europa.eu/odr. You can also send any complaints to the above e-mail address.

Collection Centers

Philip Morris supports within Austria the disposal of waste electronic devices in modern disposal facilities and also joined a collection and recovery system. The separate collection and recycling of waste electronic devices is of crucial importance for human health and environmental protection as well as the recycling of precious resources. In the process of buying a new IQOS device marked with the crossed-out wheeled bin you may return your old device to a collection facility especially established for that purpose, free of any costs. A list of all Austrian collection centers including opening hours is available here.

The following Terms of Application apply, even without reference in the subsequent provisions, in addition to the announced and agreed General Terms and Conditions of Philip Morris Austria GmbH as well as other Terms and Conditions, unless expressly stated otherwise.

1. The subject matter of these Terms of Application are features issued by Philip Morris Austria GmbH, Vorgartenstrasse 206 B-C, 1020, Vienna (subsequently referred to as “Philip Morris”) for the purpose of using discounts or price reductions (subsequently referred to as “Referral Codes”) as well as the accompanying consequences in context of using issued Referral Codes. 
2. Philip Morris provides eligible persons (subsequently „Participants“) with a personal Referral Code. Participants must fulfill the following requirements: (i) eighteen years of age or older; (ii) main residence in the Republic of Austria; (iii) Philip Morris consumer status in the sense of the Austrian Consumer Protection Act; (iv) duly registration within the relevant Philip Morris customer database; (v) absence of circumstances which would prohibit the use of Codes issued by Philip Morris (e.g., non-smoker status, pregnancy, preexisting conditions); (vi) duly linking of an electronic device manufactured or distributed by Philip Morris (especially a tobacco heating device IQOS) to the personal profile of the registered Participant.
3. Referral Codes are intended for use by redemption-entitled third parties (subsequently referred to as „Successful Referral“). Redemption-entitled third parties must be consumers of legal age (eighteen years of age or older) who are properly registered in the corresponding customer database of Philip Morris and who fulfill the requirements of registration or use of electronic devices manufactured or distributed by Philip Morris (e.g., main residence in the Republic of Austria, absence of non-smoker status, no pregnancy or preexisting conditions) at and after registration. A third party is entitled to use a Referral Code no more than once, regardless of whether additional Referral Codes are provided by the same or other Participants.
4. A Successful Referral is made, if a redemption-entitled third party uses a valid Referral Code for the acquisition (purchase) of specified products via (i) the online distribution (web shop/e-commerce) of Philip Morris established for Austria (e.g., iqos.com) or (ii) a local point of sales expressly designated by Philip Morris (e.g., IQOS Partner Stores). 
5. The Referral Code of a particular Participant is (i) personal and not transferable to other Participants or persons and (ii) limited to provision or use by respectively different redemption-entitled third parties for up to 10 occasions (Successful Referrals) in total. No additional Codes may be issued to a particular Participant. Codes may only be provided to use for redemption-entitled third parties, but not published via social networks and websites.
6. Special reasons of exclusion: Participant cannot be anyone who is professionally or in a comparable way involved in the sale, distribution or other transfer or recommendation of electronic devices manufactured or distributed by Philip Morris, in any form whatsoever. Basically redemption-entitled third parties are not allowed to use Referral Codes at a designated local point of sales, if there is a direct or indirect family, economic, social or other close relationship with the operator of the respective point of sales or the persons employed or otherwise active there. Philip Morris is entitled to exclude Participants or third parties, in whole or in part, permanently or temporarily, from the possibilities in connection with referrals, if legitimate interests are affected, in particular in case there is a suspicion of misuse or conduct contrary to legal provisions.
7. Whether and to which extent the successful use of a Referral Code by a redemption-entitled third party triggers a discount or price reduction in favor of the third party or results in a discount voucher in favor of the providing Participant is at the sole discretion of Philip Morris and is announced in an appropriate way. Discount vouchers in favor of Participants are only valid for the online distribution of Philip Morris in Austria. Philip Morris is responsible for determining the products to be acquired for a Successful Referral and will be announced in an appropriate manner.
8. Philip Morris is allowed to set specific conditions for referrals in special cases or to involve special groups of persons, whereas such conditions shall have priority over these Terms of Application. Alternatively, these Terms of Application shall govern to the extent compatible with the purpose and nature of the specific conditions.
9. Philip Morris may at any time, and at its sole discretion, extend, modify, limit, suspend or revoke, in whole or in part, these Terms of Application as well as any discounts, reductions in payment, credit notes or other benefits referred to herein. Until then, in accordance with the Terms of Application, by Successful Referral achieved and validly upheld legal claims shall not be affected by this. Any cash redemption, refund or other cash payment in favor of Participants or redemption-entitled third parties, also in connection with a possible reversal of transactions, is explicitly excluded.

10.    Austrian law shall apply to the exclusion of the UN Sales Convention and the rules of conflicts of laws. In case of discrepancies, the German version of these Terms of Application shall prevail.