GENERAL TERMS AND CONDITIONS
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 contact.at@iqos.com.
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 750 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. Section 6.2 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: contact.at@iqos.com
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 Products which have altogether a 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 used Products. The costs of return are paid by the returning party. In case of unjustified return, Philip Morris is entitled to claim 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. This can be found on the Internet at www.pmi.com
Status: April 2020
Terms and Conditions
for participating in the IQOS Care Plus program
(with customer information)
The following terms and conditions for participating in the IQOS Care Plus program (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. At the same time, these Terms also contain legal information about your rights in accordance with the provisions on contracts in electronic commerce and on consumer dispute settlement.
Scope /Eligibility
1.1 These Terms are applicable to and govern the participation in the IQOS Care Plus program (IQOS Care Plus) of IQOS customers having their usual residence in the Republic of Austria. Please 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 (Philip Morris).
1.2 You are only eligible to participate in IQOS Care Plus if: (i) you are an adult smoker or IQOS user aged 18 years and over, (ii) registered in our respective customer database; and (iii) your usual residence is in the Republic of Austria.
1.3 To participate in IQOS Care Plus you must register at least one eligible device as described in clause 2.1 (Device) either at iqos.com, by calling our customer service center, by registering at a participating IQOS store or in any other manner verifiably and expressly authorized by Philip Morris. Please check in your customer profile whether a registration has already occurred.
1.4 By signing up for IQOS Care Plus, clicking ‘I Agree’ or a similar button, or registering for IQOS Care Plus through a customer service center, at a participating IQOS store or in any other manner verifiably and expressly authorized by Philip Morris, you accept that these Terms apply. If you do not agree to these Terms, you are not permitted to use IQOS Care Plus.
1.5 We reserve the right to amend these Terms and IQOS Care Plus upon notice of at least 14 days at any time. If you do not agree to any such amendments you may terminate your IQOS Care Plus membership within 14 days after notice, otherwise your consent to the change is deemed to be given (please see clause 3.3 for more information on your right to terminate your membership at any time).
Eligible Devices/Registration
2.1 Only the following Device models are eligible for registration in IQOS Care Plus:
- IQOS 2.4+, IQOS 3 MULTI, IQOS 3 DUO and all IQOS successor models; as well as
- holders and chargers of the IQOS models mentioned under (a).
2.2 The Device must have a readable and valid serial number. Furthermore, the Device must be covered by a voluntary manufacturer’s warranty; the possibility of asserting claims under IQOS Care Plus for the relevant Device is linked to the (remaining) term of such voluntary manufacturer’s warranty for the same Device. These Terms as such do not grant any voluntary manufacturer’s warranty.
2.3 In the course of the customer registration process you must provide all required mandatory information in an accurate and complete manner. If you do not complete the mandatory fields in the application form (such as, for example, age, email address and/or phone number) your application will not be processed. If you provide inaccurate or incomplete information, Philip Morris reserves the right to terminate your membership of IQOS Care Plus without notice.
2.4 Following the registration process for IQOS Care Plus you will be informed whether your registration was successful. Membership of IQOS Care Plus and the services provided are personal to you and may not be transferred to any third party.
2.5 Your use of IQOS Care Plus is linked to the country of your usual residence, i.e. the Republic of Austria. If the country of your usual residence changes, you must inform us and reapply to use IQOS Care Plus in your new country of residence (if available) as IQOS Care Plus is only available in certain countries.
Membership of IQOS Care Plus, Term for Individual Devices, Termination
3.1 Your membership of IQOS Care Plus begins upon registration for the program and – subject to any termination becoming effective at an earlier point in time – ends when you cannot assert any claims for any Device based on these Terms anymore.
3.2 You are entitled to assert claims under IQOS Care Plus for each registered Device – subject to any termination becoming effective at an earlier point in time – from the registration of such Device until the end of the voluntary manufacturer’s warranty for the same Device.
3.3 You may terminate your membership of IQOS Care Plus at any time with immediate effect by notifying Philip Morris at contact.at@iqos.com or by calling 0800 90 10 91.
3.4 Philip Morris may terminate your membership of IQOS Care Plus at any time with immediate effect if you breach these Terms. Philip Morris may also terminate your membership for any reason upon 30 days’ notice.
3.5 Membership of IQOS Care Plus entitles you to the services described in clauses 4 and 5 (Services). Once termination of your membership has become effective, you are no longer entitled to receive Services under IQOS Care Plus.
Accidental Damage
4.1 If your Device suffers accidental damage, i.e. unintended damage that affects the functionality of your Device, you may be eligible for a replacement device as described in this clause 4, provided that such damage was not caused by your misuse (clauses 4.3(a) and 4.3(c)) or gross negligence (Accidental Damage).
4.2 If you deliver the damaged Device (including all components) to Philip Morris, you will be provided with a replacement IQOS Device of the same type equivalent to a new Device in performance and reliability. If a replacement IQOS Device of the same type is not available, an IQOS device which is at least functionally equivalent to your Device will be provided as a replacement. Philip Morris will keep all replaced Devices. If only part of the Device is damaged e.g. the holder or the charger, only the damaged part will be replaced and Philip Morris will only keep the replaced part of the Device.
4.3 Limitations regarding coverage of Accidental Damage
- You must take all reasonable precautions to protect your Device and use and service the Device in accordance with its user guide. If you fail to do so, you are not entitled to a replacement Device.
- Your claim to a replacement Device in the event of Accidental Damage is limited to one replacement Device for each registered Device. Once you have received a replacement Device for your Device, the claims for coverage of Accidental Damage and associated Rapid Replacement (see clause 6 below) for that Device will be deemed settled. However, you can still receive the remaining Services (such as International Assistance, see clause 5, and any other services which may be included in the program at a later point in time) for your Device until the end of your membership term. Any rights you may have under statutory warranty are not affected thereby.
- You are not entitled to a replacement Device if any of the following applies:
- the Device is a product not listed in clause 2.1
- damage is due to abuse or misuse, or actual, or attempted, modification or alteration of the Device for which you are responsible or due to power surge;
- Devices with a serial number that has been altered, defaced or removed;
- Devices that have been opened, serviced, modified or altered in a manner not authorized by Philip Morris;
- loss or theft of your Device;
- 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;
- damage or failure caused by normal wear and tear and/or usage of the Device;
- improper handling, or liquid contact, damage from fire, flood, or natural disaster, war, terrorism, or acts of God;
- malfunction due to use with non-compatible product;
- damage or malfunction caused by failure to use the Device as described in the user guide or
- failure due to defects in materials and/or workmanship and/or design; however, such failures may be covered either by your consumer rights/statutory warranty rights, which apply in addition to your rights under the program, or by the simultaneously existing voluntary manufacturer’s warranty; any rights and remedies provided by applicable consumer protection laws shall also remain unaffected in all other respects
4.4 Making a claim under Accidental Damage
- To receive Services under Accidental Damage coverage, you must:
- 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 when your Device has suffered Accidental Damage, providing 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;
- if requested by Philip Morris, you must provide proof of purchase for your Device; and
- follow packaging and mailing instructions given by Philip Morris for shipping the affected Device to Philip Morris; and
- otherwise comply with Philip Morris’ return Devices authorization process.
- 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 of at least EUR 30.- 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.
- Philip Morris will examine whether you are entitled to a replacement Device in accordance with these Terms. If you are entitled to a replacement Device, you may choose between the following alternative options:
- Courier delivery. A replacement Device will be couriered to you and you must send the defective Device to Philip Morris. Philip Morris will provide you with packaging, postage prepaid, to enable you to ship the defective Device or equipment to Philip Morris.
- Carry-in Service. You can return your defective Device at a participating IQOS store or at any other contact point verifiably and expressly authorized by Philip Morris where you will be provided with a replacement.
- If you seek to claim a replacement Device in a country that is not the country of purchase, you will need to comply with all applicable import and export laws and regulations, and you will be responsible for all customs duties, value added tax and other associated taxes and charges that may apply in connection with the delivery.
International Assistance
5.1 You may have access to an international toll free number (charges may apply in some locations) when traveling abroad to countries where IQOS is commercialized by Philip Morris or its affiliates or an authorized partner; a list of these countries is available at iqos.com. This service might include troubleshooting assistance from experienced and authorized personnel and if required, replacement of your Device (i) within Accidental Damage in accordance with these Terms, and/or (ii) in cases where you are entitled to rights under statutory warranty (i.e. in particular in the event of defects in materials, workmanship or design) and/or (iii) in cases where you are entitled to claims under the voluntary manufacturer’s warranty.
5.2 The specific scope of service, Device availability, response and delivery times may vary according to country. This service will not affect your statutory warranty rights and your rights under the simultaneously existing voluntary manufacturer’s warranty.
5.3 Limitations regarding International Assistance:
- The limitations contained in clause 4.3 (Limitations) also apply to Accidental Damage replacement under International Assistance, with the exception of clause 4.3.c) xi).
- If any of the following circumstances apply, replacement of an IQOS Device in the context of IQOS Care Plus Program is excluded (i) in cases where you invoke statutory warranty rights and (ii) in cases where you invoke claims under the voluntary manufacturer’s warranty:
- damage caused by normal wear and tear;
- cosmetic damage (such as scratches, dents, broken plastic etc.);
- damage caused by misuse, power surge, improper handling, liquid contact or fire;
- malfunction due to use with non-compatible product;
- damage or malfunction caused by attempt to open, modify and repair the Device, either by the user or by a service provider not accredited by the manufacturer; or
- damage or malfunction caused by failure to use as described in the user guide.
5.4 Making a claim under International Assistance
- To receive Services under International Assistance, you must:
- report your claim to the customer service center by calling 0800 255 92 559 as soon as possible when your Device suffers Accidental Damage or when you become aware that you are entitled to statutory warranty rights or claims under the voluntary manufacturer’s warranty, providing 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;
- provide proof of purchase for your Device if so requested by Philip Morris. If such proof of purchase is not available, Philip Morris will use the manufacturer packaging date resulting from the serial number as a reference. In this case, the date of purchase will be calculated by adding three months to the manufacturer packaging date;
- follow packaging and mailing instructions given by Philip Morris for shipping the affected Device to Philip Morris; and
- otherwise comply with Philip Morris’ return Devices authorization process.
- Philip Morris will examine whether you are entitled to a replacement Device in accordance with these Terms. If you are entitled to a replacement Device, it will be provided to you in one of the following ways, as determined at the discretion of Philip Morris:
- Courier delivery. A replacement Device will be couriered to you and you must return the defective Device to Philip Morris. Philip Morris will provide you with packaging, postage prepaid, to enable you to ship the defective Device or equipment to Philip Morris.
- Carry-in-Service. You can return your defective Device at a participating IQOS store or at any other contact point verifiably and expressly authorized by Philip Morris where you will be provided with a replacement.
- Mail-in-Service. Philip Morris will provide you with packaging, postage prepaid, to enable you to ship the defective Device or 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 for shipment to and from your location if all instructions are followed by you.
- You will need to comply with all applicable import and export laws and regulations, and you will be responsible for all customs duties, value added tax and other associated taxes and charges that may apply in connection with the delivery.
Other services
Rapid Replacement Service. This service provides for rapid replacement of your Device within a guaranteed time period; information on the applicable period can be obtained during the replacement procedure or through or in any other manner verifiably and expressly authorized by Philip Morris. This Service is available in case of Accidental Damage (clause 4.1) and in cases where you are entitled to statutory warranty rights and/or claims under the voluntary manufacturer’s warranty. For a replacement due to Accidental Damage, you are limited to one Rapid Replacement Service for each Device. This service is also only applicable in selected Austrian cities. A list of these cities is available in our FAQ section at iqos.com.
Your Obligations
You agree
- not to misuse the IQOS Care Plus program and the Services;
- to keep your membership account safe and secure;
- that, where an exchange takes place, any replacement Device becomes your property and the replaced Device becomes the property of the entity which makes the exchange; and
- to comply with applicable law.
Warranty/Limitation of Liability
8.1 As your membership of IQOS Care Plus is free of charge, it is provided ‘As Is’ in accordance with the framework conditions applicable from time to time and without any warranty. Any statutory warranty rights or rights under a voluntary manufacturer’s warranty remain unaffected.
8.2 Philip Morris shall be liable for damages in accordance with the statutory provisions unless otherwise stipulated below.
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 clause 8 excludes any liability that cannot be excluded by applicable law.
9. Miscellaneous
9.1 IQOS Care Plus is not an insurance policy.
9.2 IQOS Care Plus is 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 will be governed by German law under exclusion of the UN Convention on Contracts for the International Sale of Goods.
9.5 For questions, inquiries and contact information please refer to contact.at@iqos.com or call 0800 90 10 91.
Additional important customer information
When registering for IQOS Care Plus online through iqos.com: Technical procedures leading to the conclusion of the contract; correction of input errors
If you register for IQOS Care Plus through iqos.com, you offer to conclude a contract by clicking the “register now” button or a similar button. Input errors can be corrected at any time during the registration process. After your registration, Philip Morris will inform you whether registration was successful; confirmation of successful registration also constitutes acceptance by Philip Morris of your contract offer.
Storage of the contract text and accessibility for the customer
Your registration data will be stored by Philip Morris and can be accessed by you through your password protected customer account. In your customer account you can also manage your data.
Contract language
The contract is concluded in the German language.
Codes of conduct to which Philip Morris has committed itself to
Philip Morris Philip Morris has committed itself to the Guidebook for Success prepared by Philip Morris International Inc. This can be found on the Internet at pmi.com.
Consumer dispute settlement
Philip Morris does not participate in dispute resolution proceedings before a consumer arbitration body.