Privacy notice
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Terms of use of contracts concluded from 1.01.2023
PL.IQOS.COM STORE AND WEBSITE TERMS AND CONDITIONS
CONSOLIDATED TEXT OF 7th of AUGUST 2023
§ 1 GENERAL PROVISIONS
1. These Terms and Conditions specify the general conditions for activation and use of the Account, the rules of use of services provided by the Service Provider and the rights and obligations of the Customer and the Service Provider under an Electronic Services Contract.
2. These Terms and Conditions also define the conditions of sales at https://pl.iqos.com/pl online store.
§2 DEFINITIONS
The following terms used herein shall have the meanings described below:
1. Price – the amount specified in Polish zloty (including applicable taxes) due to the Seller for the provision of services or delivery of Goods to the Purchaser in accordance with the Sales Contract;
2. Price of Goods – price of the Goods, increased by possible shipping costs;
3. Password – a sequence of alphanumerical characters specified by the Customer upon the creation of the Account, necessary to authorize the User to log into the Account;
4. Customer Service Centre – the channel for informing and servicing Customers and Purchasers made available by the Service Provider/Seller; the Customer/Purchaser may contact the Customer Service Centre by phone at +48 801 801 501 or 22 455 14 04 (call cost according to the operator’s tariff), by sending an e-mail to [email protected], or via Messenger app available at https://www.facebook.com/iqospl. The charge paid by the Customer/Purchaser for a telephone call to the Customer Service Centre is based on the price list of the Service Provider used by the Customer/Purchaser;
5. Customer – an adult natural person with full legal capacity who, acting outside their business or profession, concludes a Service Contract with the Service Provider. The Customer shall be verified on the Website according to the procedure laid down herein;
6. Account – a collection of information about a given Customer which is gathered using the ICT system of the Service Provider, where such system is used by the Customer in order to access the Store and the Services;
7. Purchaser – an adult natural person with full legal capacity who, acting exclusively outside their business or profession, concludes a Sales Contract with the Seller;
8. Login – the Customer’s e-mail address used upon the first registration and used each time they access their Account;
10. Seller’s / Service Provider’s Representative – a Seller’s / Service Provider’s Representative from whom it is possible to purchase Goods outside business premises;
11. Terms and Conditions – these Terms and Conditions, meeting the requirements referred to in Article 8 of the Act of 18 July 2002 on Electronic Provision of Services. These Terms and Conditions specify general conditions for using the Website, as well as specify the conditions for remote sales of Goods and conditions for after-sales services, as well as rights and obligations of the Purchaser and the Seller under the Sales Contract. Details specifying the principles of concluding Sales Contracts of Goods offered to Customers by the Seller through the Store are contained in paragraph 7 of these Terms and Conditions;
12. Website – a platform accessible from https://pl.iqos.com that provides access to the Account and the Store as well as non-public information intended exclusively for adult registered Customers who are consumers within the meaning of Article 22(1) of the Civil Code who have agreed to receive such information, and constituting a group of websites;
13. Store – a platform for sale of Goods and provision of services offered by the Seller to the Purchasers, enabling purchase of Goods and performance of activities relating to the conclusion of a Sales Contract with the Seller, as specified in the Terms and Conditions, run by the Seller at https://pl.iqos.com;
14. Seller/Service Provider – Philip Morris Polska Distribution Sp. z o.o. with its registered office in Kraków at Al. Jana Pawła II 196, 31-982 Kraków, entered in the Register of Entrepreneurs kept by the District Court for Kraków-Śródmieście, 11th Commercial Division of the National Court Register under KRS no. 289223,
NIP: 675-137-33-54, registration number BDO: 000011337, with a share capital of PLN 10,000,000.00, phone number: +48 801 801 501 or 22 455 14 04 (call cost according to the operator’s tariff), e-mail address: [email protected];
15. Goods – a movable item offered by the Seller through the Store (the term also includes accessories and components supplied to the Purchaser);
16. Contents – any text, graphic or multimedia elements (e.g. information about the Goods, photos, films, descriptions, and comments), including works within the meaning of the Copyright and Related Rights Act and representations of natural persons, which can be published and disseminated by the Service Provider and their contractors or by the Customer or other person using the Website;
17. Service Contract – a contract concluded by and between the Service Provider and the Customer which lays down the rules for registering, activating and using the Account as well as for providing and using the services offered by the Service Provider to the Customer. Its content is consolidated in particular in the Terms and Conditions which determine the rights and obligations of the Customer and the Service Provider;
18. Sales Contract – a sales contract within the meaning of the Civil Code Act and the Consumer Rights Act of 30 May 2014 (Journal of Laws of 2014, item 827, as amended), concluded remotely, i.e. through the Store, between the Purchaser and the Seller;
19. Order – a form made available by the Store, specifying the Goods and the Purchaser’s information necessary for the conclusion and performance of the Sales Contract.
§ 3 USING THE WEBSITE
1. In order for the Customer to use the Website, their terminal equipment and ICT system must meet the following minimum technical requirements:
a. latest version of IE, Edge, Chrome, FF, Opera, or Safari Internet browser;
b. enabled cookies;
c. recommended resolution: 320px, 480px, 768px, 992px, 1200px;
d. receiving e-mails requires possession of a computer, telephone, or other device with Internet access that allows to receive e-mails.
2. The Website is operated and made available through a website owned by the Service Provider, exclusively to adult users of tobacco or nicotine-containing products residing on the territory of the Republic of Poland within the meaning of the relevant provisions of civil law, having a cell phone registered in the territory of the Republic of Poland (i.e. whose number begins with the prefix “0048”).
3. The approval of these Terms and Conditions is voluntary, but necessary in order to use the Website and its functions.
4. The Customer may at any time modify and correct the data entered during the creation of the Account by using the options available in the Customer Account or the Customer Service Centre, except the data which remains unchanged such as date of birth and country of residence. The change of first name, last name or phone number is possible only through the Customer Service Centre.
5. The Service Provider informs that while using the Website, short text information called “cookies” are saved in the Customer’s ICT system (on computer, phone or other device used to connect to the Website), which enable subsequent identification of the Customer in case of repeated connection with the Website. Installing cookies is essential for the proper performance of the Service Contract. Cookies contain information necessary for the Website / Store to function properly. Cookies collect data about the Customer’s use of the Website, and their main purpose is to make it easier for the Customer to use the Website, to adjust the Website pages to the Customer’s needs and expectations, and to study traffic on the Website. Cookies are used on the Website with the Customer’s consent. The consent may be expressed by the Customer through the settings of the software installed in the telecommunications terminal equipment used by the Customer or the configuration of the service, in particular of the Internet browser. The Customer may restrict or disable cookies in their browser at any time. In such a case, chances are that the use of the Website will be less efficient, the Customer will not have access to some content and in extreme cases, the proper display of the Website pages may be completely blocked.
6. Pursuant to the Act of 9 November 1995 on Protection of Health Against the Consequences of Consumption of Tobacco and Tobacco Products, it is prohibited to carry out any advertising and promotional activities not complying with the generally applicable law, particularly related to smokers’ requisites and tobacco products, while using the Website/Store. The Website/Store is a platform for the distance sale of smokers’ requisites and accessories thereto, and no tobacco products shall be sold via the Website/Store.
7. The Customer is obliged to keep their Password strictly confidential (including not to share the Password with any third parties). The Customer may be given the possibility to the so-called recovery of a forgotten Password in a way specified within the Website.
8. The data provided by the Customers within the scope of using the Website are cryptographically secured with SSL protocol. Any events affecting the security of information transmission should be reported to the Service Provider at the following address: [email protected]. It is recommended to use current anti-virus software on the device through which the Customer connects to the Website.
§ 4 CONCLUDING A SERVICE CONTRACT
1. The Service Provider shall provide, in particular, the following services to the Customers free of charge:
a. enabling Customers to create a Customer Account and use specific functionalities of the Website;
b. sending Service Provider’s information (i.e. information concerning products and services) to interested Customers via communication channels selected by them.
2. In addition, the Service Provider renders free of charge, in particular, the following services for the Customers who created a Customer Account:
a. maintaining the Customer’s sessions after they logged into the Customer Account;
b. providing access to the Store and enabling the placement of orders;
c. exclusively for registered Customers who have given the appropriate consent – the possibility for the Customer to receive commercial information and participate in non-public consumer programs organized by the Service Provider within the Website, in a manner consistent with the provisions of the law, including, in particular, in accordance with the Act of 9 November 1995 on Protection of Health Against the Consequences of Consumption of Tobacco and Tobacco Products.
3. The Service Provider shall undertake to render services specified in paragraphs 1 and 2 above within the limits and in accordance with the provisions hereof. Using the services specified in paragraph 1 and 2 above by the Customer shall not result in the obligation of the Customer to pay remuneration to the Service Provider.
4. In order for the Customer to use the services specified in paragraph 1 and 2 above, their terminal equipment or ICT system must meet the minimum technical requirements laid down herein.
5. The process of concluding the Service Contract is also referred to as the Website registration process and is described in the “Terms and Conditions of registration with the consumer database of Philip Morris Polska Distribution Sp. z o.o.”.
6. The Service Provider or a person designated by the Service Provider shall carry out the verification on the basis of an ID with a photograph (ID card, driver’s license, passport, new student card secured by a chip). Until it is confirmed that the person is at least 18 years old, the status of the Customer’s Account is unverified, which means the Customer is unable to collect the package with the ordered Goods.
7. If the Customer’s coming of age is not confirmed within 60 days from the date of submitting the form of the Service Provider via the Website, the Service Provider shall be entitled to terminate the Service Contract in accordance with the provisions hereof.
8. The Service Contract shall be concluded after the Customer successfully completes and accepts (sends to the Service Provider) a full registration form for the creation of Customer Account. Conclusion of the Service Contract requires acceptance of the Terms and Conditions by the Customer. The Customer may have one Account on the Website.
9. Essential provisions of the Service Contract shall be recorded, secured, disclosed, and confirmed to the Customer via email sent to the email address provided by the Customer in the registration form.
10. The Service Contract shall be concluded in Polish for an indefinite period of time.
11. In order to ensure proper performance of the Service Contract, the Customer, in particular, shall be obliged to:
a. immediately update any data, including personal data, they provided to the Service Provider for the purpose of concluding the Service Contract;
b. use the services offered by the Service Provider in a manner consistent with applicable laws, the provisions hereof as well as commonly adopted applicable practices and principles of community life, including in a manner that is neither intrusive for other Customers and the Service Provider nor disruptive to operations of the Service Provider.
12. The Customer shall also be obliged:
a. not to provide or transfer any Contents prohibited by the provisions of applicable law;
b. refrain from the following:
(i) create more than one Account,
(ii) submit false or outdated information or data, including personal data,
(iii) provide false information or data within the Website, data of minors, non-smokers, or persons who have not given prior consent for their data to be provided or to be contacted by the Organizer under the Loyalty Programs,
(iv) undertake in connection with the use of the Website actions violating the standards of proper conduct,
(v) attempt to interfere with the code of the Website, disrupt the operation of the Website, or post illegal, vulgar content or one that violates the rights of third parties,
(vi) distribute content posted on the Website or related to the Website,
(vii) commit other material violations relevant to the operation and organization of the Website, including, in particular, the conduct of business or profit-oriented activity by the Participant with the use of the Loyalty Programs or with reference to the Website.
13. Violation of any of the provisions indicated in paragraph 11 or 12 above, if it can be demonstrated by the Organizer, shall be understood as a gross violation of the Terms and Conditions.
A flagrant violation of the provisions of the Terms and Conditions, as indicated in paragraph 11 or paragraph 12, entitles the Organizer to take action to exclude such Participant from the Website or to prevent them from using the Website. The Participant may appeal against the Organizer’s decision through the complaint procedure specified in § 6 of these Terms and Conditions.
§ 5 TERMINATING THE SERVICE CONTRACT
1. The Customer may terminate the Service Contract with immediate effect at any time by contacting the Customer Service Centre at +48 801 801 501 or 22 455 14 04 (call cost according to the operator’s tariff), by sending an email to [email protected], via Messenger app available at https://www.facebook.com/iqospl.
2. Should there be any outstanding orders in the Customer Account at the time the Customer requests the termination of the Service Contract, in order to duly perform the Sales Contract, the termination thereof shall be possible immediately after the order has been completed or cancelled by the Customer.
3. The Service Provider may at any time terminate the Service Contract with the Customer with immediate effect for valid reasons, understood exclusively as (exhaustive list) gross violation by the Customer of the provisions of these Terms and Conditions or permanent cessation of electronic services by the Service Provider motivated by objective reasons. The Service Provider shall send a relevant statement to the e-mail address provided by the Customer upon the creation of the Customer Account.
§ 6 COMPLAINTS ABOUT SERVICES
1. The Customer shall be entitled at any time to file complaints about the services rendered by the Service Provider.
2. The Customer may file a complaint with the Service Provider regarding the services provided by the Service Provider by contacting the Customer Service Centre. In order to expedite the consideration of the complaint, the Service Provider recommends to provide in the complaint a brief description of the reasons justifying the complaint and contact details of the Customer filing the complaint.
3. The complaint will be reviewed by the Service Provider within 14 days of its submission.
§ 7 SALES THROUGH PL.IQOS.COM STORE
7.1. CONCLUSION AND PERFORMANCE OF THE SALES CONTRACT
1. Subject to the provisions of these Terms and Conditions, information provided within the Store constitute an offer to conclude a Sales Contract within the meaning of Article 66 § 1 of the Civil Code, addressed by the Seller to the Purchasers. Conclusion of a Sales Contract requires the Purchaser to have an Account.
2. Purchasers can place orders at the Store 24 hours a day, 7 days a week. Goods can be ordered only by the Purchaser who has or will create an Account at the Store, subject to the provisions of § 4(6) hereof.
3. The Seller shall enable the Purchaser to place an Order in accordance with the following procedure (technical actions which constitute the procedure for the conclusion of the Sales Contract through the Store):
a. The Purchaser adds the selected Good(s) to the shopping cart (whereby the Purchaser may not select more than 9 pieces of Goods of one type, and for tobacco heating devices – no more than 5 pieces of such devices regardless of whether it selects the same or different tobacco heating devices), after which it proceeds to the Order Form;
b. the Purchaser shall choose the method for paying the Price and other aggregated costs specified in the Order Form and related to the performance of the Sales Contract;
c. The Purchaser shall confirm the data necessary to place the Order and perform the Sales Contract;
d. Until the activation by the Purchaser of the function marked with the message “Buy now”, the Purchaser may correct the Order, in particular edit it, including by adding or removing Goods, subject to the permitted number of Goods specified under point (a) above;
e. the Order shall be placed with the Seller by the Purchaser by enabling the “Buy now” function of the Store meaning that the Order placed by the Purchaser entails the obligation to pay the Price. Placing the Order shall be interpreted as making a declaration of intent which expresses direct intention (offer) to conclude a distance Sales Contract through the Store;
f. The Sales Contract shall be deemed concluded upon the receipt of an e-mail by the Purchaser and it shall include an order confirmation (the Seller’s declaration of intent to conclude a Sales Contract with the Purchaser).
4. The Sales Contract shall be concluded by means of distance communication i.e. the Internet.
5. The contents of the Sales Contract shall be recorded, secured, shared with, and confirmed to the Purchaser by sending an e-mail to the Purchaser constituting a confirmation of concluding a distance contract within the meaning of Article 21(1) of the Consumer Rights Act.
6. The Purchaser may not cancel an Order placed after activation of the Store functionality marked “Buy now”.
7. The Seller shall be entitled to cancel the Order at any time if the Order has been placed in breach of these Terms and Conditions or legal provisions in force. This shall not affect the Service Provider’s right to terminate the Service Contract under § 4(13) of these Terms and Conditions provided that the conditions laid down therein are fulfilled.
7.2 PRICES
1. The Seller shall reserve the right to update the Prices of Goods published on the Store’s website. For Orders placed prior to such updates, the pre-update Prices of Goods shall continue to be binding.
2. Prices of Goods in the Store:
a. include all applicable duties and taxes;
b. do not include shipping costs (delivery of Goods to the Purchaser), which are set separately.
3. The price of the Goods on the sales document will include the cost of delivery.
4. The cost of delivery shall be specified when selecting the delivery method.
7.3. RULES FOR MAKING AND REIMBURSING PAYMENTS
1. Payments can be made:
a. with the use of an electronic payment system approved by the Seller and presented on the Store’s website at the time;
b. on delivery (cash on delivery).
2. Payment methods accepted by the Seller are indicated in the Store.
3. Non-payment is a condition for the termination of the Sales Contract.
4. It is not possible to combine different payment methods listed in paragraph 1 when paying for the same Order.
5. If the Purchaser paid by a credit card or an online transfer with the use of an electronic payment system, the reimbursement (e.g. in the event withdrawing from the Sales Contract) shall be made onto the credit card or to the bank account specified by the Purchaser. Should the Purchaser make payment upon collection of the Order (cash on delivery), the Seller shall ask them for their bank account number in order to reimburse the payment, provided the Purchaser agrees to this type of payment reimbursement pursuant to paragraph 7 below.
6. If the payment is reimbursed by the Seller for reasons other than the Purchaser withdrawing from the Sales Contract, the Seller shall immediately reimburse the payment no later than within the further 30-days’ period.
7. The Purchaser can also agree for the payment to be reimbursed with the use of other means of payment than those used for the purpose of the original transaction, which shall not result in the incurrence of any costs by them. The Seller shall not return funds in cash or by means of postal orders.
7.4. DELIVERY OF GOODS
1. Goods ordered from the Store shall be supplied only in the Republic of Poland.
2. The package with the ordered Goods shall be delivered via courier services to the address specified by the Purchaser in the Order Form. At the time of delivery, the courier will verify the age and identity of the Purchaser by checking the identity card (or electronic equivalent, if any), passport or driving licence (or electronic equivalent, if any) belonging to the person to whom he is releasing tobacco and other nicotine-containing products, electronic devices and accessories relating to tobacco and other nicotine-containing products to ensure that: (a) the identity card belongs to that person, (b) the person has the same name as the person identified as the recipient of tobacco and other nicotine-containing products, electronic devices accessories relating to tobacco and other nicotine-containing products, and (c) that the person is of legal age. In case of lack of possibility of age or identity verification or its negative result, the package containing the ordered Goods shall not be released to the Purchaser and the Seller shall be entitled to cancel the Order in accordance with the provisions of these Terms and Conditions.
3. Delivery with courier services cannot be made to a post office box address.
4. Change of the delivery address after placing the Order by the Purchaser may be made directly by the Purchaser by submitting instructions to the courier company/carrier using the link indicated in the message confirming shipment.
5. The total time of delivery (delivery time) of Goods shall consist of the Order lead time (preparing Goods for dispatch) by the Seller and the time of delivery of the Goods by the carrier. The Order completion period by the Seller shall commence when the Seller confirms Order acceptance, and shall end upon handing over the package with the Goods to the courier by the Seller, and shall be from 1 to 3 working days (whereas workings days shall be every workday from Monday to Friday, excluding off works days), no later than 10 working days. The Seller shall inform the Purchaser about impossibility of performance of the Order or delivery of the Goods within the above period.
6. Delivery costs of the Goods shall be borne by the Purchaser, unless the terms of the current offer for sale of the Goods state otherwise. The Seller reserves the right to update the costs of delivery published on the Store’s website. Delivery costs in the Order submitted by the Purchaser before the introduction of changes remain binding.
7. Information on the amount of delivery costs are provided when choosing the method of delivery and in the Order summary.
8. The condition of the package with Goods shall be assessed by the Purchaser in the presence of the courier, and a relevant damage report shall be drawn up in case the package has been damaged or the packaging tampered with – drawing up of the report may facilitate and expedite the handling of potential claims.
9. Two unsuccessful attempts to deliver the package with the Goods by the courier shall result in its return to the Seller and shall be considered as the Purchaser’s delay in collection of the package. The Seller has the right to cancel the Order and withdraw from the Sales Contract and – provided that the Purchaser has paid the Price – return it to the Purchaser under the rules laid down in paragraph 7(3)(5) hereof.
7.5. WITHDRAWAL FROM THE CONTRACT
1. The Purchaser shall be entitled to withdraw from the Sales Contract concluded between the Purchaser and the Seller within 60 days from the conclusion of the Sales Contract without giving the reason or incurring any costs other than those specified by law.
2. The Purchaser may withdraw from the Sales Contract by providing the Seller with the relevant statement on contract withdrawal. Such statement can be provided, in particular, using the contract withdrawal form specimen contained in Appendix 1 hereto (or another form in compliance with the statutory form specimen referred to in Article 30(1) of the Consumer Rights Act). The above is notwithstanding the Purchaser’s right to make any other unambiguous statement informing the Seller about withdrawal from the Sales Contract.
3. Withdrawal statements submitted by the Purchaser via email shall be sent to [email protected]. Withdrawal statements submitted by the Purchaser in written form shall be sent to the following address: Arvato-Services, Philip Morris International, Kopytów 44D Hala DC4, 05-870 Błonie k. Warszawy. In order to observe the 60-day period for withdrawal from a distance Sales Contract concluded between the Purchaser and the Seller, it is sufficient to send the statement before its expiry.
4. The 60-day period for withdrawal from the Sales Contract starts from taking possession of the Goods by the Purchaser, and if the Sales Contract includes multiple Goods which are delivered separately, in lots or in parts – from taking possession of the last item, lot or part.
5. In the event of withdrawal from the Sales Contract, it shall be deemed not to have been concluded. The Seller shall be obliged to immediately, however, not later than within 14 days of the date of receiving the withdrawal statement from the Purchaser, reimburse all payments made by the Customer, including the costs of delivery of the Goods. The Seller shall reimburse the payment using the same means of payment as used by the Purchaser, unless the Purchaser explicitly agrees on another method of reimbursement which does not result in any additional costs to the Purchaser.
6. Unless the Seller proposes to collect the Goods on their own, the Seller shall be entitled to refrain from reimbursing payments received from the Purchaser until the Goods are returned or the Purchaser provides the Seller with a proof of sending the Goods back, whichever occurs earlier.
7. It is advised by the Seller to attach proof of purchase of the Goods to the returned Goods (e.g. receipt, invoice, bank statement). The Seller recommends that the returned Goods be sent back to the Seller using the free-of-charge return option by sending a package on the website szybkiezwroty.pl or using the free-of-charge return service provided by the courier company performing this service for the Seller. Detailed instructions can be found on the return form attached as Appendix 1 to the Terms and Conditions.
8. Should the Purchaser choose a Goods delivery method other than the cheapest and standard delivery method offered by the Seller, the Seller shall not be obliged to reimburse the Purchaser for any additional costs.
9. The Purchaser shall be obliged to immediately, however, not later than within 14 days of the date on which they withdrew from the contract, return the Goods to the Seller or pass the Goods to a person authorized by the Seller to accept such Goods. The Goods shall be returned before the end of the 14-day withdrawal period or otherwise the withdrawal period will be deemed exceeded. The returned Goods shall be packed and protected in such a way as to avoid damage during transportation.
10. The returned Goods should be sent back to the following address: Arvato-Services, Philip Morris International, Kopytów 44D Hall DC4, 05-870 Błonie k. Warszawy.
11. The Purchaser bears only the direct costs of returning the goods, unless the Seller has agreed to bear them.
12. The Purchaser shall be liable for any diminished value of delivered Goods resulting from using them other than what is necessary to establish the nature, characteristics, and functioning of the Goods. The Seller shall reserve the right to seek compensation form the Purchaser to the extent permitted by applicable laws.
13. The right to withdraw from the Sales Contract shall be forfeited in the following cases:
a. the Contract provides for Goods in sealed packaging which cannot be returned after the package has been opened due to health protection or for hygiene reasons, if the package has been opened after delivery;
b. the Contract provides for Goods which are, after delivery, due to their nature, inseparably mixed with other items;
7.6. COMPLAINTS ABOUT NON-CONFORMITY OF GOODS WITH THE SALES CONTRACT
1. Goods offered at the Store may be covered by the manufacturer’s warranty. Detailed conditions of warranty and its duration are specified in the warranty card attached to the Goods.
2. The Seller has a legal obligation to deliver the Goods conforming to the Sales Contract.
3. In the event that the Goods delivered to the Purchaser are inconsistent with the Sales Contract, the Purchaser shall be entitled at their own discretion to exercise the warranty rights or, regardless of that, exercise the rights granted by the Seller for non-conformity of the Goods with the Sales Contract.
4. The Purchaser may report their claims under the warranty or non-conformity of the Goods with the Sales Contract, in particular by e-mail to the address: [email protected], via Messenger app available at https://www.facebook.com/iqos.pl, or by phone at +48 801 801 501 or 22 455 14 04 (charged according to the operator’s tariff). The complaint shall be accompanied by a copy or scan of the proof of purchase of the Goods (e.g. receipt, invoice, bank statement confirming the payment for the Goods).
5. In order to expedite the consideration of the complaint, the Seller recommends to provide in the complaint a brief description of the reasons justifying the complaint (e.g. description of non-conformity of the Goods with the Sales Contract and the moment of disclosure of non-conformity) and the Purchaser’s contact details.
6. The Seller shall be liable to the Purchaser if the sold Goods do not comply with the Sales Contract. If the Goods do not comply with the Sales Contract, the Purchaser may file a complaint with the Seller and may request repair or replacement.
7. The Seller may provide a replacement when the Purchaser requests a repair, or carry out a repair when the Purchaser requests a replacement, if bringing the Goods into conformity with the Sales Contract in the manner chosen by the Purchaser is impossible or would involve excessive costs on the part of the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, it may refuse to bring the Goods into conformity with the Sales Contract.
3. In assessing the excessiveness of the costs for the entrepreneur, all the circumstances of the case shall be taken into account, in particular, the significance of non-conformity of the goods with the contract, the value of the goods consistent with the contract and the excessive inconvenience to the consumer caused by the change in the manner of bringing the goods into conformity with the contract.
8. The Seller shall repair or replace the Goods within a reasonable time from the moment it was informed by the Purchaser of said non-conformity of the Goods with the Sales Contract, and without undue inconvenience to the Purchaser. The cost of repairing or replacing the Goods, including, in particular, the cost of postage, transportation, labour and materials, shall be borne by the Seller. The Purchaser shall make the Goods subject to repair or replacement available to the Seller. The Seller shall collect the Goods from the Purchaser at its own cost.
9. If the Goods are inconsistent with the Sales Contract, the Purchaser may submit a statement on reduction of the price or withdrawal from the Sales Contract in the event that:
a. the Seller refused to bring the Goods into conformity with the Sales Contract in accordance with paragraphs 7-9 above;
b. the Seller failed to bring the Goods into conformity with the Sales Contract in accordance with paragraphs 7-9 above;
c. non-conformity of the Goods with the Sales Contract persists, even though the Seller has tried to bring the Goods into compliance with the Sales Contract;
d. non-conformity of the Goods with the Sales Contract is material enough that it justifies a reduction in the Price or withdrawal from the contract without first resorting to the means of protection specified in paragraphs 7-9 above;
e. it is clear from the Seller’s statement or circumstances that it will not bring the Goods into conformity with the Sales Contract within a reasonable time or without undue inconvenience to the Purchaser.
10. If the Purchaser exercises the right to reduce the Price, the reduced Price must remain in such proportion to the Price of the Goods as the value of the Goods not in conformity with the Sales Contract remains to the value of the Goods in conformity with the Sales Contract. The Seller shall refund to the Purchaser the amounts due as a result of exercising the right to reduce the Price immediately, but no later than within 14 days from the date of receipt of the Purchaser’s statement on reduction of the Price.
11. The Purchaser may not withdraw from the Sales Contract if the non-conformity of the Goods with the Sales Contract is not material. However, the non-conformity of the Goods with the Sales Contract is presumed to be material.
12. If the non-conformity with the Sales Contract applies only to certain Goods delivered under the Sales Contract, the Purchaser may withdraw from the Sales Contract only with respect to those Goods, as well as with respect to other Goods purchased by the Purchaser together with Goods not conforming to the Sales Contract, if the Purchaser cannot reasonably be expected to agree to retain only Goods conforming to the Sales Contract.
13. In the event of withdrawal from the Sales Contract due to non-conformity of the Goods with the Sales Contract, the Purchaser shall immediately return the Goods to the Seller at the Seller’s expense. The Seller shall return the Price to the Purchaser immediately, but no later than 14 days from the date of receipt of the Goods or proof of their return. Refund of the Price shall be made using the same method of payment as used by the Purchaser, unless the Purchaser explicitly agrees on a different reimbursement method which does not result in any additional costs to the Purchaser.
14. The Purchaser may withhold payment of the Price until the Seller has performed its obligations under paragraphs 7-9 above.
15. The Seller shall be liable for non-compliance of the Goods with the Sales Contract existing at the time of delivery and disclosed within two years from that time, unless the Goods’ shelf life, as determined by the Seller, its legal predecessors or persons acting on their behalf, is longer. The non-conformity of the Goods with the Sales Contract, which became apparent before the expiration of two years from the time of delivery of the Goods, is presumed to have existed at the time of delivery, unless proven otherwise or the presumption cannot be reconciled with the specifics of the Goods or the nature of the non-conformity of the Goods with the Sales Contract.
16. For Goods from limited editions or editions no longer offered by the Seller and unavailable in the Store, their replacement with Goods from the same or another limited edition may not be possible. In such case, the Seller shall have the right to offer the Purchaser similar Goods, fulfilling the same functions as defective Goods and refund the difference between the Price of defective Goods from the limited edition (which was paid by the Purchaser) and the Price of such Goods currently binding in the Store, which was offered by the Seller as replacement.
7.7. POSSIBILITY OF SEEKING RECOURSE TO AN OUT-OF-COURT COMPLAINT AND REDRESS MECHANISM, AND RULES OF ACCESS TO THESE PROCEDURES
1. The Purchaser shall be entitled to request a permanent consumer arbitration tribunal, referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection, to resolve a dispute arising from the concluded Sales Contract. The rules of organization and operation of permanent amicable consumer courts are set out in Regulation of the Minister of Justice of 6 July 2017 on defining the rules of organization and operation of permanent amicable consumer courts at the Provincial Inspectors of Trade Inspection.
2. Pursuant to Article 36 of the Act of 15 December 2000 on Trade Inspection, the Purchaser may request the Provincial Inspector of Trade Inspection to institute mediation proceedings for amicable settlement of the dispute between the Purchaser and the Seller.
3. The Purchaser may also seek assistance from the district or municipal Consumer Ombudsmen whose responsibilities include, among others, providing free consumer advice and legal information in the field of consumer interest protection and addressing businesses in cases concerning the protection of consumer rights and interests, or contacting a non-governmental organization the statutory tasks of which include consumer protection.
4. Pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes, and amendments to Regulation (EC) No. 2006.2004 and Directive 2009/22/EC, the Purchaser shall be entitled to use the online dispute resolution platform (ODR). Link to the ODR platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL and the Seller’s e-mail address [email protected].
5. In the event that the Purchaser concludes a contract of sale at a distance, i.e. makes a purchase on its own through the website www.iqos.com, the provisions of the regulations found on this website and available Terms and Conditions | IQOS https://pl.iqos.com/pl/informacje_prawne#171Polska are also applicable.
5. MODEL SALES CONTRACT WITHDRAWAL FORM is appended as Appendix 1 to these Terms and Conditions.
§ 8 PERSONAL DATA
1. The Customer’s personal data shall be processed in accordance with Regulation (EU) No 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation – GDPR).
2. The Data Controller is Philip Morris Polska Distribution Sp. z o.o. with its registered office in Kraków
at Al. Jana Pawła II 196, 31-982 Kraków, entered in the Register of Entrepreneurs kept by the District Court by the District Court for Kraków-Śródmieście, 11th Commercial Division of the National Court Register under KRS no. 289223, Tax Identification No. (NIP): 675-137-33-54 with a share capital of PLN 10,000,000.00.
3. The Controller processes the Customer’s personal data for the purpose of performing the Service Contract, as well as for the purpose of performing the Sales Contract, delivering the Goods to the delivery address provided by the Customer, as well as for the purpose of maintaining the Account, marketing the Customer’s own products and services, and for other purposes to which the Customer has given his/her consent or has been informed about them before providing the data, or which result from the Customer’s instructions or from the contract between the Service Provider and the Customer (in particular, handling requests, complaints).
4. The Controller may transfer the Customer’s personal data to other entities (subcontractors of the Service Provider e.g. IT companies, marketing agencies), in accordance with the rules set out in the General Data Protection Regulation. Customer’s data may also be forwarded to companies delivering Goods.
5. Providing personal data by Customers is voluntary. However, failing to provide essential data, prevents the Customers from registering with the Website, and concluding the Service Contract or the Sales Contract.
6. The consent granted may be withdrawn by the Customer at any time. The withdrawal of consent will not affect the lawfulness of processing based on consent before its withdrawal.
7. The data obtained on the basis of the consent shall be processed for as long as the consent is granted, and the data processed for the purpose of performing the Sales Contract or the Service Contract shall be processed during the term of the contract and in the period of time-barring of claims arising therefrom, including claims of public (tax) authorities.
8. Purchasers’ data may be transferred to a third country (i.e. outside the European Economic Area covering the European Union, Norway, Liechtenstein and Iceland).
9. Purchasers’ data may be processed by automated means, including profiling.
10. A Customer who has provided his/her personal data to the Service Provider has the right to:
a. access the data and obtain a copy of them;
b. rectify data;
c. have his/her data erased;
d. restrict data processing;
e. object to processing;
f. data portability;
g. lodge a complaint with the supervisory authority.
To exercise the above rights, with the exception of lodging a complaint with the supervisory authority, please send an e-mail to [email protected], contact us at +48 801 801 501 or 22 455 14 04 (charged according to the operator’s tariff) or send a message via Messenger app available at https://www.facebook.com/iqospl. The authority competent to file and investigate complaints is the President of the Personal Data Protection Office.
11. For more information on privacy protection, please refer to the Privacy Policy available on the Website and at https://www.pmiprivacy.com/pl/consumer.
12. You have the right to file a complaint with the supervisory authority (President of the Personal Data Protection Office, ul. Stawki 2, 00-193 Warszawa; www.uodo.gov.pl).
§ 9 COPYRIGHTS
The sole rights to the Contents made available / placed on the Website by the Service Provider or contractors thereof, in particular copyrights, graphic elements, software, and rights in regard to databases shall be subject to legal protection and vested in the Service Provider or entities with whom they have entered into relevant contracts. The Customer shall be entitled to use the said Content free of charge, however, exclusively to the extent of permitted personal use. Using Contents to a different extent shall be permissible only on the basis of an explicit, prior consent of the authorized entity, in writing under pain of invalidity, and within the limits of generally applicable law.
§ 10 FINAL PROVISIONS
1. The laws of the Republic of Poland shall apply to the conclusion of the Service Contract and the Sales Contract, and the courts shall be common courts in the Republic of Poland, unless otherwise stipulated by mandatory provisions of law.
2. The choice of Polish law under the Terms and Conditions does not deprive the Customer/Purchaser of the protection afforded to him/her under provisions which cannot be excluded by contract between the Service Provider/Seller and the Customer/Purchaser, under the law which would be applicable under the relevant regulations in the absence of choice.
3. These Terms and Conditions shall be made available to the Customers/Purchasers free of charge at https://pl.iqos.com and Customers may at any time view, print or download them (in PDF format) from there.
4. The Service Provider/Seller reserves the right to modify the Terms and Conditions, including in the case of occurrence of any of the following valid causes:
a. a change in the law affecting the mutual rights and obligations set forth in the Service Contract for or Sales Contract;
b. the need to adapt the activities carried out by the Service Provider/Seller to orders, rulings, decisions, or guidelines resulting from:
- any decision of the public authority competent to regulate the activities carried out by the Service Provider/Seller, public administration authority which affects the mutual rights and obligations laid down in the Service Contract, or
- a court ruling applicable within the scope of activity of the Service Provider/Seller affecting mutual rights and obligations specified in the Service Contract;
c. modification of the manner of providing services electronically by the Service Provider which is solely due to technical or technological reasons (in particular, updating technical requirements);
d. any changes within the scope or terms of rendering services by the Service Provider/Seller which are covered by the provisions of the Terms and Conditions, by introducing new, modifying, as well as cancelling existing functionalities or services offered to the User and covered by these Terms and Conditions and offered to the Customer/Purchaser.
5. Should these Terms and Conditions be amended based on the rules specified above, the Customer shall be entitled to terminate the Service Contract within 14 days of the date on which they were notified appropriately in advance of the amendments hereto.
6. In case of any amendments hereto, the Service Provider/Seller shall make the consolidated text hereof available to the Customer by publishing it on the Website or by sending, to the e-mail address provided by the Customer/Purchaser, an e-mail with link to the Website with the Terms and Conditions.
APPENDICES TO THE TERMS AND CONDITIONS – APPENDIX 1 – MODEL SALES CONTRACT WITHDRAWAL FORM [HERE]
Terms of use of contracts concluded until 31.12.2022
PL.IQOS.COM STORE AND WEBSITE TERMS AND CONDITIONS
CONSOLIDATED TEXT OF 30.03.2022
§ 1 GENERAL PROVISIONS
1. These Terms and Conditions define the general conditions for registration, activation and use of the Account, the rules of use of services provided by the Service Provider and the rights and obligations of the Customer and the Service Provider under an Electronic Services Contract.
2. These Terms and Conditions also define the conditions of sales in https://pl.iqos.com/pl online store.
§2 DEFINITIONS
The following terms used herein shall have the following meaning:
1) Price – gross renumeration expressed in PLN (including applicable taxes) payable to the Seller for the provision of services or for the supply of Goods to the Purchaser in accordance with the Sales Contract;
2) Price of Goods - price of the Goods, increased by potential shipping costs;
3) Password – a series of alphanumerical characters specified by the Customer upon the creation of the Account, necessary to authorize the User to log into the Account;
4) Customer Service Center - the channel for informing and servicing Customers and Purchasers made available by the Service Provider/Seller; the Customer/Purchaser may contact the Customer Service Center by phone at: + 48 801801501 or 22 4551404, by sending an e-mail to the following address: [email protected], using the Messenger application available at: https://www.facebook.com/iqospl or via LiveChat at https://pl.iqos.com/pl. The toll paid by the Customer/Purchaser for a telephone call to the Customer Service Center is based on the price list of the service provider used by the Customer/Purchaser;
5) Customer – an adult natural person with full legal capacity who, acting outside their business or profession, concludes a Service Contract with the Service Provider. The Customer shall be verified in the Service according to the procedure laid down herein.
6) Account – a collection of information about a given Customer, which is gathered by the ICT system of the Service Provider, where such system is used by the Customer in order to access the Store and the Services;
7) Purchaser – an adult natural person with full legal capacity who, acting exclusively outside their business or profession, concludes Sales Contract with the Seller.
8) Login – the Customer’s e-mail address used upon the first registration and used each time they access their Account;
9) Seller's / Service Provider's Representative - a Seller's / Service Provider's Representative from whom it is possible to purchase Goods outside business premises;
10) Terms and Conditions - these Terms and Conditions, meeting the terms and conditions requirements stipulated`by the Article 8 of the Act of 18 July, 2002 on Providing Services by Electronic Means. These Terms and Conditions define the general conditions for using the Website, and additionaly, they define the conditions for remote sales of Goods and the conditions for post-sales services, as well as rights and obligations of the Purchaser and the Seller under the Sales Contract. The details specifying the principles of concluding Sales Contracts of Goods offered to Customers by the Seller through the Store are included in paragraph 7 of the Terms and Conditions;
11) Web Service – a platform accessible from https://pl.iqos.com; that provides access to the Account and the Store as well as non-public information intended exclusively for adult registered Customers who are consumers within the meaning of Article 22(1) of the Civil Code who have agreed to receive such information, and constituting a group of websites;
12) Store - a platform for sale of Goods and provision of services offered by the Seller to the Purchasers, enabling the purchase of Goods and to perform acts related to the conclusion of a Sales Contract with the Seller, as specified in the Terms and Conditions, run by the Seller at the address https://pl.iqos.com;
13) Seller / Service Provider – Phil p Morris Polska Distribution Sp. z o.o. with a registered office in Krakow at: Al. Jana Pawła II 196, 31-982 Kraków, entered into the Register of Entrepreneurs kept by the District Court for Kraków-Śródmieście, 11th Economic Division of the National Court Register under KRS no.: 289223, NIP no.: 675-137-33-54 with a share capital of PLN 10,000,000.00, telephone number: +48 80122455 or 22 4551404, e-mail address: [email protected];
14) Goods - movable item offered by the Seller through the Store (the term also includes accessories and components supplied to the Purchaser)
15) Contents – any text, graphic or multimedia elements (e.g. information about the Goods, photos, films, descriptions, and comments), including works within the meaning of the Copyright and Related Rights Act and representations of natural persons, which can be published and disseminated by the Service Provider and their contractors, respectively or by the Customer or other person using the Web Service.
16) Service Contract – a contract concluded by and between the Service Provider and the Customer which lays down the rules for registering, activating and using the Account as well as for providing and using the services offered by the Service Provider to the Customer. Its content is consolidated in particular in the Terms which determine the rights and obligations of the Customer and the Service Provider;
17) Sales Contract – a distance sales contract within the meaning of the Civil Code, entered into by and between the Purchaser and Seller via the online Store;
18) Order – a form made available by the Store, specifying the Goods and the Purchaser’s information necessary for the conclusion and performance of the Sales Contract.
§ 3 USE OF THE WEB SERVICE
1. In order for the Customer to use the web service, their terminal equipment and ICT system must meet the following minimum technical requirements:
a. latest version of IE, Edge, Chrome, FF, Opera, or Safari Internet browser;
b. enabled cookies;
c. recommended resolution: 320px, 480px, 768px, 992px, 1200px;
d. receiving e-mails requires possession of a computer, telephone, or other device with Internet access that allows to receive e-mails.
2. The Web Service is run and made available solely to adult users of nicotine-containing products who reside in the Republic of Poland within the meaning of the relevant provisions of Civil Law, through a website owned by the Service Provider, and who own a mobile phone registered in the Republic of Poland (i.e. whose number begins with the prefix "0048").
3. The approval of these Terms and Conditions is voluntary, but necessary in order to use the Web Service and its functions.
4. The Customer may at any time modify and correct the data entered during the creation of the Account by using the options available in the Customer Account or the Customer Service Center, except the data which remains unchanged such as a date of birth and country of residence. The change of name or surname is possible only through the Customer Service Center.
5. The Service Provider informs that while using the Web Service, short text information called "cookies" is saved in the Customer's ICT system (on computer, phone or other device used to connect to the Web Service), which enables subsequent identification of the Customer in case of repeated connection with the Web Service. Installing these "cookies" files is essential for the proper performance of the Service Contract. “Cookies” contain information necessary for the Store / Service to function properly. "Cookies" collect data concerning the use of the Web Service by the Customer and their main purpose is to make it easier for the Customer to use the Web Service, to adjust the Web Service pages to the Customer's needs and expectations, and to study traffic within the Web Service. "Cookies" are used within the Web Service upon the Customer's consent. The consent may be expressed by the Customer through the settings of the software installed in the telecommunications terminal equipment used by the Customer or by the configuration of the service, in particular of the Internet browser. The Customer may restrict or disable cookies in their browser at any time. In such a case, it may happen that the use of the Website will be less efficient, the Customer will not have access to some content and in extreme cases, the proper display of the Web Service pages may be completely blocked.
6. Pursuant to the Act of November 9, 1995 on Protection of Health Against the Consequences of Consumption of Tobacco and Tobacco Products., it is prohibited to carry out any advertising and promotional activities not complying with the generally applicable law, particularly related to smokers’ requisites and tobacco products, while using the Web Service/Store. The Web Service/Store is a platform for the distance sale of smokers’ requisites and accessories thereto, and no tobacco products shall be sold via the Web Service/Store.
7. The Customer is obliged to keep their Password strictly confidential (not to share the Password with any third parties). The Customer may be given the possibility to the so-called recovery of a forgotten Password in a way specified within the Web Service.
8. The data provided by the Customers within the scope of using the Web Service are cryptographically secured with SSL protocol. Any events affecting the security of information transmission should be reported to the Service Provider at the following address [email protected].It is recommended to use current anti-virus software on the device through which the Customer connects to the Web Service.
§ 4 CONCLUDING A SERVICE CONTRACT
1. The Service Provider shall provide, in particular, the following services to the Customers free of charge:
a. enabling Customers to create a Customer Account and use specific functionalities of the Web Service;
b. sending Service Provider information (i.e. information concerning products and services) to interested Customers via communication channels selected by them.
2. In addition, the Service Provider renders free of charge, in particular, the following services for the Customers who created a Customer Account:
a. maintaining the Customer’s sessions after they logged into the Customer Account;
b. providing access to the Store and enabling the placement of orders;
c. exclusively for registered Customers who have given the appropriate consent, the possibility of receiving communications containing commercial information, including the possibility of participation in non-public consumer programs organized by the Service Provider within the Website, in a manner consistent with the law, including in particular the Act of November 9, 1995 on Health Protection against the Effects of Using Tobacco and Tobacco Products.
3. The Service Provider shall undertake to render services specified in sections 1 and 2 above within the limits and in accordance with terms and conditions laid down herein. Using the services specified in par. 1 and 2 above by the Customer shall not result in the obligation of the Customer to make payment of the remuneration to the benefit of the Service Provider.
4. In order for the Customer to use the services specified in par. 1 and 2 above, their terminal equipment or ICT system must meet the minimum technical requirements laid down herein.
5. The process of concluding the Service Contract is also referred to as the Web Service registration process.
6. In order to register with the Web Service, a person who is a user of nicotine-containing products, who is at least 18 years old, who resides in the territory of the Republic of Poland and who owns a mobile phone registered within the territory of the Republic of Poland (i.e. with a number starting with the prefix "0048"), should complete an electronic application form available in the Web Service. The age verification shall be carried out by a person indicated by the Service Provider, on the basis of an ID with a photograph (ID card, driver’s license, passport, new student card secured by a chip).
7. The Service Provider or a person indicated by the Service Provider carries out a verification in accordance with sec. 6 above. Until it is confirmed that the person is at least 18 years old, the Account of the Customer is unverified, which means the Customer is unable to collect the package with the ordered Goods.
8. If the Customer’s legal age is not confirmed within 60 days from the date of submitting the form of the Service Provider via the Web Service, the Service Provider shall be entitled to terminate the Service Contract in accordance with the provisions hereof.
9. The Service Contract shall be concluded after the Customer successfully completes and accepts (sends to the Service Provider) a full registration form for the creation of the Customer Account. Conclusion of the Service Contract requires acceptance of the Terms by the Customer. The Customer may have one Account in the Web Service.
10. Essential provisions of the Service Contract shall be recorded, secured, disclosed, and confirmed to the Customer via email sent to the email address provided by the Customer in the registration form.
11. It shall be allowed by the Service Provider to register with the Consumer Database and create the Account in the Web Service by contacting a representative of the Service Provider in person.
12. The Service Contract shall be concluded in Polish for an indefinite period of time.
13. In order to ensure proper performance of the Service Contract, the Customer, in particular, shall be obliged to:
a. immediately update any data, including personal data, they provided the Service Provider with for the purpose of concluding the Service Contract;
b. use the services offered by the Service Provider in a manner consistent with applicable laws, the provisions hereof as well as commonly adopted applicable practices and principles of community life, including in a manner that is neither intrusive for other Customers and the Service Provider nor disruptive to operations of the Service Provider.
14. The Customer shall also be obliged:
a. not provide, nor transfer any Contents prohibited by the provisions of applicable law;
b. refrain from the following:
- publishing any Content whatsoever that violates the law (prohibition of posting illegal content);
- engaging in any IT or other activities the aim of which is to acquire information that is not intended for the Customer, including data of other Customers;
- unauthorized modifications of the Contents provided by the Service Provider;
- attempting to create another Account;
- abusing the rights granted to the Customer by the Service Provider or the law, or using the rights granted to the Customer in a manner that contravens the socio-economic purpose of a given right or the rules of social coexistence.
15. Any breach of the obligations specified in sec. 13 or 14 above shall be interpreted as a gross violation of these Terms and Conditions.
§ 5 TERMINATING THE SERVICE CONTRACT
1. The Customer may terminate the Service Contract with immediate effect at any time by contacting the Customer Service Center at + 48 801801501 or 22 4551404, [email protected], using the Messenger application available at the address: https://www.facebook.com/iqospl or via LiveChat at pl.iqos.com.
2. Should there be any outstanding orders in the Customer Account at the time the Customer requests the termination of the Service Contract, in order to duly perform the Sales Contract, the termination thereof shall be possible immediately after the order has been completed or cancelled by the Customer.
3. The Service Provider may at any time terminate the Service Contract with the Customer with immediate effect for important reasons, understood exclusively as (exhaustive list) gross violation by the Customer of the provisions of the Terms and Conditions or permanent cessation of electronic services by the Service Provider motivated by objective reasons. The Service Provider shall send a relevant statement to the e-mail address provided by the Customer upon the creation of the Customer Account.
§ 6 COMPLAINTS ABOUT THE SERVICES
1. The Customer shall be entitled at any time to submit complaints about the services rendered by the Service Provider.
2. The Customer may submit to the Service Provider a complaint regarding the services provided by the Service Provider by contacting the Customer Service Center. In order to expedite the consideration of the complaint Service Provider recommends to provide in the complaint a brief description of the reasons justifying the complaint and contact details of the Customer submitting the complaint.
3. The complaint will be reviewed by the Service Provider within 30 days from the time of its submission.
§ 7 SALES AT PL.IQOS.COM STORE
7.1 CONCLUSION AND PERFORMANCE OF THE SALES CONTRACT
1. Subject to the provisions of the Terms and Conditions, information provided at the Store shall constitute an offer to conclude a Sales Contract within the meaning of Article 66 § 1 of the Civil Code, addressed by the Seller to the Purchasers, in order to conclude the Sales Contract, the Purchaser must have an access to an Account in the Web Service.
2. Purchasers may place orders at the Store 24 hours a day, 7 days a week. Goods can be ordered only by the Purchaser who has or will create the Account at the Store, subject to the provisions of § 4.7 hereof.
3. The Seller shall enable the Purchaser to place an Order in accordance with the following procedure (technical actions which constitute the procedure for the conclusion of the Sales Contract through the Store):
a. The Purchaser adds the selected Good(s) to the shopping cart (whereby the Purchaser may not select more than 9 pieces of Goods of one type, and in the case of tobacco heating devices - no more than 5 pieces of such devices regardless of whether he/she selects the same or different tobacco heating devices), after which he/she proceeds to the Order form;
b. The Purchaser shall choose the method for paying the Price and other aggregated costs specified in the Order form and related to the performance of the Sales Contract;
c. The Purchaser shall confirm the data necessary to place the Order and perform the Sales Contract;
d. Until the moment of activating by the Purchaser the functionality marked with the message "Buy now", the Purchaser shall be able to correct the Order themselves, in particular edit it, including the possibility of adding or removing Goods, subject to the permitted number of Goods specified under letter a. above;
e. The Order shall be placed with the Seller by the Purchaser by enabling the “Buy now” function of the Store meaning that the Order placed by the Purchaser entails the obligation pay the Price. Placing the Order shall be interpreted as making a declaration of intent which expresses direct intention (offer) to conclude a distance Sales Contract via the Store;
f. The Sales Contract shall be deemed concluded upon the receipt of an e-mail by the Purchaser and it shall include an order confirmation (the Seller’s declaration of intent to conclude a Sales Contract with the Purchaser).
4. The Sales Contract shall be concluded by means of distance communication i.e. the Internet.
5. The contents of the Sales Contract shall be recorded, secured, shared with, and confirmed to the Purchaser by sending an e-mail to the Purchaser constituting a confirmation of concluding a distance contract within the meaning of Article 21.1 of the Consumer Rights Act.
6. The Purchaser may not cancel an Order placed after activation of the Store functionality marked "Buy now".
7. The Seller shall be entitled to cancel the Order at any time if the Order has been placed in breach of the Terms or legal provisions in force. This shall not affect the Service Provider’s right to terminate the Service Contract under § 4.15 hereof provided that the conditions laid down therein are fulfilled.
7.2 PRICES
1. The Seller shall reserve the right to update the Prices of Goods published on the Store’s website. For Orders placed prior to such updates, the pre-update Prices of Goods shall be binding.
2. Prices of Goods in the Store:
a. include all duties and taxes due;
b. exclude the cost of delivery (delivering Goods to the Purchaser) which are specified separately;
3. The price of the Goods on the bill of sale shall not include the cost of delivery.
4. The cost of delivery shall be specified when selecting the delivery method.
7.3 THE RULES FOR MAKING AND REIMBURSING PAYMENTS
1. Payments can be made:
a. with the use of an electronic payment system approved by the Seller and presented at the Store at the time
b. on delivery (cash on delivery).
2. Payment methods accepted by the Seller are indicated on the Store’s website.
3. Failure to make a payment shall be a condition subsequent of the Sales Contract.
4. It is not possible to combine different payment methods listed in sec 1 when making payment for the same Order.
5. If the Purchaser made a payment by a credit card or an online transfer with the use of the electronic payment system, reimbursement (e.g. in the event withdrawing from the Sales Contract) shall be made onto the credit card or to the bank account specified by the Purchaser. Should the Purchaser make payment upon collection of the Order (cash on delivery), the Seller shall ask them for their bank account number in order to reimburse the payment, provided the Purchaser agrees to this type of payment reimbursement pursuant to sec. 7 below.
6. If the payment is reimbursed by the Seller for reasons other than the Purchaser withdrawing from the Sales Contract, the Seller shall undertake to immediately reimburse the payment no later than within the further 30-days’ period.
7. The Purchaser can also agree for the payment to be reimbursed with the use of other means of payment than those used for the purpose of the original transaction, which shall not result in the incurrence of any costs by them. Seller shall not return funds in cash or by means of postal orders.
7.4. GOODS DELIVERY
1. Goods ordered from the Store shall be shipped exclusively within the Republic of Poland.
2. The parcel with the ordered Goods shall be delivered via courier services to the address specified by the Purchaser in the Order form. While delivering the parcel, the courier shall verify the age and identity of the Purchaser in accordance with § 4 sec.6 hereof. If it is not possible to verify the age or identity or the verification has negative result, the parcel containing the ordered Goods shall not be delivered to the Purchaser, and the Seller shall be entitled to cancel the Order in accordance with the provisions of the Terms and Conditions.
3. Delivery with courier services cannot be made to a PO Box address.
4. Change of the delivery address after placing the Order may be made by the Purchaser themselves by submitting the form via link provided in the order confirmation e-mail to the courier services/carrier.
5. The total time of delivery (delivery time) of given Goods shall consist of the Order lead time (preparing Goods for dispatch) by the Seller and the time of delivery of the Goods by the carrier. The Order completion period by the Seller shall commence when the Seller confirms accepting the Order, and shall end upon handing over the package with the Goods to the courier by the Seller, and shall be from 1 to 3 working days (whereas workings days shall be every workday from Monday to Friday, excluding off works days), not later than 10 working days. The Seller shall inform the Purchaser about impossibility of execution of the Order or delivery of the Goods within the foregoing time-limit.
6. Unless otherwise stipulated in the terms and conditions of the Promotion, the costs of Goods’ delivery shall be covered by the Purchaser. The Seller reserves the right to update the costs of delivery published on the Store’s website. For Orders placed prior to such updates, the pre-update costs of delivery shall be binding for the Customer.
7. Information on the costs of delivery shall be specified in the ORDER SUMMARY tab and in the Order itself.
8. The condition of the package with Goods shall be assessed by the Purchaser in the presence of the courier, and a relevant damage report shall be drawn up in case the package has been damaged or the packaging tampered with - drawing up of the report may facilitate and expedite the process of handling potential claims.
9. Two unsuccessful attempts to deliver the package with the Goods by the courier shall result in its return to the Seller and shall be considered as the Purchaser’s delay in collection of the package. The Seller has the right to cancel the Order and withdraw from the Sales Contract and - provided that the Purchaser has paid the Price - return it to the Purchaser under the rules laid down in point 7.3. sec. 5 hereof.
7.5. WITHDRAWAL FROM THE CONTRACT
1. The Purchaser shall be entitled to withdraw from the Sales Contract within 30 days without stating any reasons or incurring any costs other than those specified by law.
2. The Purchaser may withdraw from the Sales Contract by providing the Seller with the relevant statement thereon. Such statement can be provided, in particular, using the contract withdrawal form specimen which constitutes Appendix 1 hereto (or another form compliant with the statutory form specimen referred to in Article 30 sec.1 of the Consumer Rights Act). This shall not limit the rights of the Purchaser to submit any other unambiguous statement notifying of their decision to withdraw from the Contract.
3. Withdrawal statements submitted by the Purchaser via email shall be sent to the following e-mail address: [email protected]. .Withdrawal statements submitted by the Purchaser in written form shall be sent to the following address: Arvato-Services, Philip Morris International, Kopytów 44D Hala DC4, 05-870 Błonie k. Warszawy. The statement shall be sent before the end of the 30-day withdrawal period or otherwise the withdrawal period will be deemed exceeded.
4. For Sales Contracts, the limitation of 30-day withdrawal period shall comence upon the coming possession of the Goods by the Purchaser. Should the Sales Contract cover various Goods delivered separately, in batches, or parts, the above period shall commence upon coming into possession of the very last item (Goods), batch, or parts.
5. In the event of withdrawal from the Sales Contract, it shall be deemed unconcluded. The Seller shall be obliged to immediately, however, not later than within 14 days of the date of receiving a withdrawal statement from the Purchaser, reimburse all payments made by the Customer, including the costs of Goods’ delivery. The Seller shall reimburse the payment, using the same means of payment as used by the Purchaser, unless the Purchaser explicitly agrees on another method of reimbursement which does not result in any additional costs to the Purchaser.
6. Unless the Seller proposes to collect the Goods on their own, the Seller shall be entitled to refrain from reimbursing payments received from the Purchaser until the Goods are returned or the Purchaser provides the Seller with a proof of sending the Goods back, whichever occurs earlier.
7. It is advised by the Seller to attach proof of purchase of the Goods to the returned Goods (e.g. receipt, invoice, bank statement). The Seller recommends that the returned Goods be sent back to the Seller using the free-of-charge return option by sending a parcel via szybkiezwroty.pl website or using the free-of-charge return service performed by the courier services which provide this service for the Seller. Detailed instructions can be found on the return form attached as Appendix 1 to the Terms and Conditions.
8. Should the Purchaser choose a Goods delivery method other than the cheapest and standard delivery method offered by the Seller, the Seller shall not be obliged to reimburse the Purchaser for any additional costs.
9. The Purchaser shall be obliged to immediately, however, not later than within 14 days from the date of their withrawal from the contract, return the Goods to the Seller or pass the Goods to a person authorized by the Seller to accept such Goods. The Goods shall be returned before the end of the 14-day withdrawal period or otherwise the withdrawal period will be deemed exceeded. Returned Goods shall be packed and protected in such a way so as not to be damaged in transit.
10. The returned Goods should be sent back to the address: Arvato-Services, Philip Morris International, Kopytów 44D Hall DC4, 05-870 Błonie k. Warszawy. .
11. The Purchaser bears only the direct costs of returning the goods, unless the Seller has agreed to bear them.
12. The Purchaser shall be liable for any diminished value of delivered Goods resulting from using them other than what is necessary to establish the nature, characteristics, and functioning of the Goods. The Seller shall reserve the right to seek compensation form the Purchaser to the extent permitted by applicable laws.
13. The right to withdraw from the Sales Contract shall be forfeited in case of the following:
a. the supply of sealed Goods which are not suitable for return due to reasons attributed to health protection or hygiene and were unsealed after the delivery;
b. the supply of Goods which are, after the delivery, taking into account their nature, inseparably combined with other items;
7.6. COMPLAINTS
1. Goods offered at the Store may be covered by the manufacturer’s guarantee. Detailed conditions of guarantee and its duration are specified in the guarantee card attached to the Goods.
2. The Seller shall be legally bound to deliver the Goods without defects.
3. In case Goods delivered to the Purchaser are defective, the Purchaser shall be entitled at their own discretion to exercise the guarantee rights or, regardless of that, exercise the rights granted by the Seller for the warranty against the defects of Goods.
4. The Purchaser may lodge claims on account of warranty or statutory guarantee in particular by e-mail to the address [email protected], using the Messenger app available at: https://www.facebook.com/iqos.pl, by means of LiveChat at https://pl.iqos.com/pl or by telephone at 48 801801501 or 22 4551404. The complaint shall be accompanied by a copy or scan of the proof of purchase of the Goods (e.g. receipt, invoice, bank statement confirming the payment for the Goods).
5. In order to expedite the process of handling the complaint, the Seller recommends providing the complaint notification with a short description of reasons justifying the complaint (e.g. description of defects in the Goods and the moment of revealing the defects), and with contact details of the Purchaser.
6. The Seller shall be liable to the Purchaser for any physical or legal defects (statutory guarantee) related to the Goods sold. If the Goods are defective, the Purchaser shall be entitled to lodge a claim on account of statutory guarantee to the Seller, and entitled to:
a. make a statement in which they request reducing the Price, or withdraw from the Sales Contract, unless the Seller immediately and without undue inconvenience for the Purchaser replaces the defective Goods with Goods that are free of defects, or remedies the said defect. The Price shall be e reduced proportionately and based on the ratio between the value of defective Goods and the value of Goods that are free of defects. The Purchaser may not withdraw from the Sales Contract due to negligible defects of the Goods;
b. request replacement the defective Goods with Goods that are free of defects or the defects removal. The Seller shall be obliged to replace defective Goods with Goods that are free of defects, or remedy the said defects within a reasonable timeframe and without undue inconvenience to the Purchaser. Instead of having the defects remedied by the Seller, the Purchaser may request the replacement of defective Goods with Goods that are free of defects, or instead of the Goods’ replacement request that the defect is remedied, unless it is impossible to bring the Goods into conformity with the Sales Contract using a solution proposed by the Purchaser, or it requires excessive costs as compared to the solution proposed by the Seller. When assessing excessive costs, the following is taken into account: the value of Goods that are free of defects, type and significance of the defects discovered, and also the potential inconvenience suffered by the Purchaser as a result of another method of satisfaction.
7. Purchasers who exercise the rights under statutory guarantee are obliged, at the expense of the Seller, to deliver the defective Goods to the Seller to the following address: Arvato-Services, Philip Morris International, Kopytów 44D Hall DC4, 05-870 Błonie k. Warszawy.
8. Should the Purchaser request replacement of the items or remedying the defect, or should they submit a statement on the reduction of the Price in which they specify the amount by which the Price is to be reduced, and the Purchaser failed to respond to this request within 14 days, the Purchaser’s request shall be deemed justified.
9. The Seller shall be liable for statutory guarantee in case of a physical defect which is discovered prior to the lapse of two years from the date on which the Purchaser was provided with the Goods. Claims for remedying a defect or replacing the Goods with Goods that are free from defects shall expire after one year from the date of discovering the defect; however, the limitation period cannot end before the lapse of the term referred to in the first sentence.
10. For Goods from limited editions or editions discontinued by the Seller and unavailable in the Store, their replacement with Goods from the same or another limited edition may not be possible. In such case, the Seller has the right to propose the Purchaser similar Goods, fulfilling the same functions as defective Goods and refund the difference between the Price of defective Goods from the limited edition (which was paid by the Purchaser) and the Price of such Goods currently binding in the Store, which was offered by the Seller as replacement.
7.7. POSSIBILITY OF HAVING RECOURSE TO AN OUT-OF-COURT COMPLAINT AND REDRESS MECHANISM, AND RULES OF ACCESS TO THESE PROCEDURES
1. The Purchaser shall be entitled to request a permanent consumer arbitration tribunal, referred to in Article 37 of the Act of December 15, 2000 on Trade Inspection, to resolve a dispute arising from the concluded Sales Contract. The rules of organization and operation of permanent amicable consumer courts are set out in Regulation of the Minister of Justice of 6 July 2017 on defining the rules of organization and operation of permanent amicable consumer courts at the Provincial Inspectors of Trade Inspection.
2. Pursuant to Article 36 of the Act of 15 December 2000 on Trade Inspection, the Purchaser may request the provincial inspector of the Trade Inspection to initiate a mediation process for amicable settlement of the dispute between the Purchaser and the Seller.
3. The Purchaser may also seek assistance from the district or municipal Consumer Ombudsmen whose responsibilities include, among others, providing free consumer advice and legal information in the field of consumer interest protection and addressing businesses in cases concerning the protection of consumer rights and interests, or contacting a non-governmental organization the statutory tasks of which include consumer protection.
4. Pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013 on online dispute resolution for consumer disputes, and amendments to Regulation (EC) No. 2006.2004 and Directive 2009/22/EC, the Purchaser shall be entitled to use the online dispute resolution platform (ODR). Link to the ODR platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL and the Seller’s e-mail address [email protected].
5. MODEL SALES CONTRACT WITHDRAWAL FORM is appended as Appendix 1 to these Terms and Conditions.
§ 8 PERSONAL DATA
1. The Customer's personal data shall be processed in accordance with Regulation (EU) No 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation – GDPR).
2. The Data Controller is Philip Morris Polska Distribution Sp. z o.o. with their registered office in Cracow at the following address: Al. Jana Pawła II 196, 31-982 Kraków, entered to the Register of Entrepreneurs kept by the District Court by the District Court for Kraków-Śródmieście, 11th Economic Division of the National Court Register under the National Court Register (KRS) No.: 289223, Tax Identification No. (NIP): 675-137-33-54 with a share capital of PLN 10,000,000.00.
3. The Data Controller processes the Customer's personal data in order to implement the Service Contract and the Sales Contract, to deliver the Goods to the delivery address provided by the Customer, as well as for the purpose of maintaining the Account, marketing the Customer's own products and services, and for other purposes to which the Customer consented to or has been informed about prior to providing the data, or which result from the Customer's instructions or the contract between the Service Provider and the Customer (in particular, handling requests, complaints).
4. The Data Controller may entrust the Customer's personal data to other entities (subcontractors of the Service Provider e.g. IT companies, marketing agencies), in accordance with the rules set out in the General Data Protection Regulation. Customer's data may also be forwarded to the entities providing Goods delivery services.
5. Providing personal data by the Customers is voluntary. However, failing to provide essential data, prevents the Customers from registering with the Web Service, and concluding the Service Contract or the Sales Contract.
6. The consent granted may be withdrawn by the Customer at any time.
7. The data obtained on the basis of the consent shall be processed for as long as the consent is granted, and the data processed for the purpose of performing the Sales Contract or the Service Contract shall be processed during the term of the contract and in the period of time-barring of claims arising therefrom, including claims of public (tax) authorities.
8. A Customer who has provided their personal data to the Service Provider has the right to:
a. access the data and receive copies thereof;
b. rectify data;
c. have their data erased;
d. limit data processing;
e. object to the processing;
f. transfer data;
g. lodge a complaint to the supervisory authority.
To exercise the above rights, with the exception of lodging a complaint to the supervisory authority, please send an e-mail to [email protected], contact us at 801801501 or (+48) 22 4551404 or send a message viathe Messenger application available at: https://www.facebook.com/iqospl, or by LiveChat at https://pl.iqos.com/pl. The authority competent to file and investigate complaints is the President of the Personal Data Protection Office.
9. For more information on privacy protection, please refer to the Privacy Policy available on the Web Service and at: https://www.pmiprivacy.com/pl/consumer.
§ 9 COPYRIGHTS
The Service Provider and any entities that entered into appropriate agreements therewith shall enjoy exclusive rights to the Contents shared/posted in the Web Service by the Service Provider or its contractors, in particular copyright, graphic elements, software, and database rights which shall all be protected by the law. The Customer shall be entitled to use the said Content free of charge, however, exclusively to the extent of permitted personal use. Using such Content to different extent shall be permissible only within the limits of applicable laws and upon prior express, written approval granted by the authorized entity, or otherwise shall be null and void.
§ 10 FINAL PROVISIONS
1. Unless otherwise provided in the mandatory regulations of the law, the Sales Contract shall be governed by the law of the Republic of Poland and common courts in Poland shall have competent jurisdiction.
2. Pursuant to the Terms and Conditions, selecting the law of the Republic of Poland, shall not deprive the Purchaser of protection granted by the virtue of provisions which cannot be excluded through a contract between the Seller and the Purchaser in accordance with law which, pursuant to applicable regulations, would be the governing law in case no selection was made.
3. The Terms and Conditions shall be made available to the Customers/Purchasers free of charge at https://pl.iqos.com, and Customers may at any time view, print or download them (in PDF format) from there.
4. The Service Provider shall reserve the right to modify these Terms and Conditions in the occurrence of at least one of the following valid causes:
a. amendments to the laws governing the provision of services via electronic means by the Service Provider which affect the respective rights and obligations laid down in the Service Contract;
b. the need to adapt the activities carried out by the Service Provider/Seller to orders, rulings, decisions, or guidelines resulting from:
- any decision of the public authority competent to regulate the activities carried out by the Service Provider/Seller, public administration authority which affects the mutual rights and obligations laid down in the Service Contract, or
- any judicial ruling applicable to the activities carried out by the Service Provider which affects the respective rights and obligations laid down in the Service Contract;
c. modification of the manner of providing electronically supplied services by the Service Provider, which is solely due to technical or technological reasons (in particular, updating technical requirements);
d. any changes within the scope or terms of rendering services by the Service Provider/Seller which are covered by the provisions hereof, by introducing new, modifying, as well as cancelling existing functionalities or services offered to the Customer/Purchaser and covered by these Terms and Conditions
5. Should these Terms and Conditions be amended based on the rules specified above, the Customer shall be entitled to terminate the Service Contract within 14 days of the date on which they were notified appropriately in advance of the amendments hereto.
6. In case of any amendments hereto, the Service Provider shall make the consolidated text hereof available to the Customer by publishing it in the Web Service or by sending, to the e-mail address provided by the Customer, an e-mail with link to the Web Service with the Terms and Conditions.
APPENDICES TO THE TERMS AND CONDITIONS - APPENDIX 1 - MODEL SALES CONTRACT WITHDRAWAL FORM
Terms & Conditions of registration with the consumer database of Philip Morris Polska Distribution Sp. z.o.o.
TERMS AND CONDITIONS OF REGISTRATION WITH THE CONSUMER DATABASE OF PHILIP MORRIS POLSKA DISTRIBUTION SP. Z O.O.
§ 1
General Provisions
- These Terms and Conditions specify the rules as well as terms and conditions of registration with the consumer database of users of smoke-free products offered by Philip Morris Polska Distribution Sp. z o.o. (hereinafter referred to as “Database”) maintained by Philip Morris Polska Distribution Sp. z o.o. with its registered office in Kraków at Al. Jana Pawła II 196,
31-982 Kraków, entered in the Register of Entrepreneurs kept by the District Court for Kraków-Śródmieście in Kraków, 11th Commercial Division of the National Court Register under KRS number 289223, NIP: 675-13-73-354, register number BDO: 000011337, with
a share capital of PLN 10,000,000.00 (hereinafter referred to as “PMPL-D” or “Controller”). - The text of these Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) is available at www.iqos.com, www.rejestrujemysie.pl, IQOS stationary stores, selected retail outlets with registration options, and an IQOS Representative. Users may also obtain information on these Terms and Conditions by contacting the Customer Service Centre at 801 801 501 or (+48) 22 455 14 04 (call cost according to the operator’s tariff).
- Registration in the Database is intended exclusively for adult natural persons residing in Poland and who are consumers of tobacco products or other nicotine-containing products, and/or who have purchased a smoke-free product offered by the Controller (devices of the IQOS, lil or VEEV brands) (hereinafter referred to as the “Device”) for purposes which are not related to business, professional or commercial activities (hereinafter referred to as the “Users”).
- Each User should read the Terms and Conditions before registering with the Database.
By registering with the Database, you accept these Terms and Conditions. - The Terms and Conditions shall be valid indefinitely. The Terms and Conditions are subject to change, the current version of the Terms and Conditions is available through the channels listed in paragraph 2 above.
Database registration rules
- Registration in the Database results in the creation of an account, which can be accessed via the website at www.iqos.com (hereinafter referred to as the “Account”). The Terms and Conditions of the website, which define, among others, the rules concerning the Account, are available at www.iqos.com and www.rejestrujemysie.pl, as well as in any other place where these Terms and Conditions are available.
- To register with the Database, the User should provide the following details: e-mail address; phone number, first name, last name, date of birth, postal code (in the case of registration at an IQOS stationary store) and city (in the case of registration via the website at www.iqos.com). By registering with the Database, the User may also agree to receive commercial information from the Controller at the e-mail address and phone number provided during registration. Each User can withdraw his/her consent at any time by clicking the “unsubscribe” link available in commercial e-mail communications or by contacting the Customer Service Centre: by telephone at 801 801 501 or (+48) 22 455 14 04 (call cost according to the operator’s tariff) or by sending an e-mail to [email protected].
- The User can register with the Database in one of the following ways:
- via the website www.iqos.com;
- via the website www.rejestrujemysie.pl;
- by sending a text message to 799 448 202 or 4909 with his/her name (text message cost according to the operator’s tariff); after receiving the message, the Controller’s representative will contact the User in order to carry out the registration;
- by contacting the Customer Service Centre by phone at 801 801 501 or
(+48) 22 455 14 04 or 799 448 202 (call cost according to the operator’s tariff); - by visiting an IQOS stationary store. The User can obtain information about the nearest store via the Customer Service Centre referred to above or at www.iqos.com and this information is included in Appendix 1 to the Terms and Conditions;
- during a meeting with an IQOS representative;
- at selected retail points of sales. The User can obtain information on the nearest retailer to register with the Database via the Customer Service Centre referred to above.
- Once registered with the Database, the User can register the purchased Device in his/her Account. To register the Device, the User will be asked to enter the serial number of the Device on the packaging of the Device, which consists of 12 characters, or the serial number of one of the components of the Device, which consists of 14 characters and begins with the letter T. If the User already has an Account, the Device can also be registered in the Account through the channels listed in paragraph 3 above, excluding the website www.rejestrujemysie.pl.
- The User may not have more than one Account, which means that he/she may register with the Database only once. The Controller’s representative who registers a User with the Database is entitled to refuse registration if he or she has knowledge and evidence that the User in question already has an Account.
- When registering with the Database, the User is obliged to provide true and up-to-date data. Unlawful content is prohibited. In order to ensure the truthfulness and correctness of data in the Database and compliance with the principles set out in the Terms and Conditions, the Controller reserves the right to verify the data provided by means of verification measures, in particular by verifying the data provided by the User against an identity document, verifying the provided e-mail address or phone number by sending an activation link (with limited validity period) or a one-time password.
- To ensure compliance with the provisions of § 1(3) of the Terms and Conditions, the Controller reserves the right to verify the age of majority of the User, in particular by checking the date of birth against an identity document or video verification.
- In the event of providing unlawful content or refusing to participate in the verification referred to in paragraphs 6 and 7 above, the Controller reserves the right to refuse to register the User with the Database.
- The User may unsubscribe from the Database at any time, which will be equivalent to deleting his/her Account. For this end, please contact the Customer Service Centre by phone at 801 801 501 or (+48) 22 455 14 04 (charged according to the operator’s tariff) or by sending an e-mail to [email protected].
- If, by registering with the Database, the User has given his/her consent to receive commercial information from the Controller, as referred to in paragraph 2 of this section, and has registered the Device, as referred to in paragraph 4 of this section, he/she will receive the benefits relating to this consent under the terms and conditions laid down in the regulations “BENEFIT FOR DEVICE REGISTRATION WITH THE DATABASE OF PHILIP MORRIS POLSKA DISTRIBUTION SP. Z O.O.”, which are available on the same terms as specified in
§ 1(2) of the Terms and Conditions. - Should the User register with the Database via the website, the following minimum technical requirements must be met by the terminal equipment and the ICT system used by the User:
- latest version of IE, Edge, Chrome, FF, Opera, or Safari Internet browser;
- enabled cookies;
- recommended resolution: 320px, 480px, 768px, 992px, 1200px;
- receiving e-mails requires possession of a computer, telephone, or other device with Internet access that allows to receive e-mails.
§ 3
Violation of Terms and Conditions
- When registering with the Database or having an Account, the User is obliged to:
- use the Database registration service in a manner consistent with applicable laws, the provisions hereof as well as commonly adopted applicable practices and principles of community life;
- ensure that the personal data provided are correct and up-to-date;
- provide a Polish phone number during registration (nine-digit, in accordance with the national numbering plan specified by the minister responsible for digitization).
- The User is also obliged to refrain from the following:
- attempting to create more than one Account/perform multiple registrations with the Database;
- providing false or inaccurate personal data or the personal data of other persons;
- abusing the rights granted to the User either by the Controller or under the law, or exercising such rights in a manner that is contrary to socio-economic purpose of a given right;
- setting up or using the Account and the rights granted in connection with it for business, professional or commercial purposes;
- setting up an Account using an e-mail address from a temporary domain offering the use of e-mail accounts without registration.
- When registering with the Database, it is forbidden to use any e-mail addresses included in the list of blocked domains. The list is attached as Appendix 2 to the Terms and Conditions, which does not form an integral part of the Terms and Conditions. The Controller reserves the right to update Appendix 2. Such an update of Appendix 2 will not constitute an amendment to the Terms and Conditions and is intended solely to prevent potential abuse and violation of the Terms and Conditions.
- Violation of any of the provisions indicated in this § 3 of the Terms and Conditions shall entitle the Controller to exclude such User from the Database. The User will be informed of the Controller’s decision by email. Exclusion from the Database means that commercial information will no longer be sent to the User using the e-mail address and phone number registered in the Database, the User will not be able to register or log in to his/her account on the IQOS Club platform, and the User Account will be subsequently from the Database. The User may appeal against the Controller’s decision through the complaint procedure specified in § 5(1) of these Terms and Conditions.
§ 4
Personal data protection
- The Controller is the controller of personal data of Users registered with the Database.
- The processing of personal data shall take place in accordance with the rules laid down in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation – “GDPR”).
- Personal data may be processed for the purpose of registration with the Database, as well as for marketing purposes, which is a legitimate interest of the Controller.
- Personal data will be processed for the period necessary for registration with the Database, as well as in accordance with the applicable information clause presented to the User as part of the Database registration process, under which the data processing period is indicated in an appropriate manner.
- The provision of personal data is voluntary. The consequence of not providing personal data, providing incomplete or even partially untrue or incorrect personal data is the inability to register with the Database.
- The User shall have the right to access the content of their data, request their rectification, deletion, restriction of processing and the right to object against their processing, as well as the right to lodge a complaint with the supervisory authority. The User shall have the right to transfer personal data and in cases where the processing of data takes place based on
a consent – to withdraw such consent at any time without affecting the lawfulness of processing based on consent before its withdrawal. - The Controller declares that the data of the Users will not be processed in an automated manner and will not be profiled.
- User data may be transferred to Controller’s subcontractors and entities authorized by law.
- The Controller will collect the following data from Users:
- first name;
- last name;
- date of birth;
- phone number;
- e-mail address;
- postal code (for registration at an IQOS stationary store);
- city of residence (for online registration at www.iqos.com).
- User data may be transferred to third countries (i.e. outside the European Economic Area, including the European Union, Norway, Liechtenstein, and Iceland).
- Users may contact the Controller if they have any questions regarding the processing of personal data by the Controller by using the following e-mail address: [email protected].
- Users have the right to file a complaint with the supervisory authority (President of the Personal Data Protection Office, ul. Stawki 2, 00-193 Warszawa; www.uodo.gov.pl).
- More information on the protection of personal data can be found in the Privacy Policy available at https://www.pmiprivacy.com/poland/pl/consumer/.
§ 5
Complaint procedure
- Users may file a complaint regarding registration with the Database, registration of the Device and possession of an Account. A complaint may be filed in particular by e-mail
sent to [email protected] or by calling the Customer Service Centre at
801 801 501 or (+48) 22 455 14 04 (call cost according to the operator’s tariff). in order to expedite the consideration of the complaint, it is recommended to provide in the complaint a brief description of the reasons justifying the complaint and contact details of the User filing the complaint. - The complaint will be handled by the Controller within 14 days from the Controller’s receipt of the complaint notice from the User.
§ 6
Final provisions
- All matters not provided hereunder shall be governed by the provisions of Polish law, in particular the provisions of Polish Civil Code.
- Should any provision of these Terms and Conditions prove invalid or legally ineffective, the Terms and Conditions shall remain in full force and effect with regard to the remaining provisions.
CONTROLLER: Philip Morris Polska Distribution Sp. z o.o.
Aleja Jana Pawła II 196
31-982 Kraków
Appendix no. 1 List of IQOS stationary stores
TOWN/CITY |
STREET |
Bełchatów |
Bawełniana 7 |
Bełchatów |
Kolejowa 6 |
Biała Podlaska |
Jana III Sobieskiego 9 |
Białystok |
Świętojańska 15 |
Białystok |
Hetmańska 16 |
Białystok |
Czesława Miłosza 2 |
Białystok |
Jurowiecka 1 |
Białystok |
Wrocławska 20 |
Bielsko-Biała |
Mostowa 5 |
Bielsko-Biała |
Leszczyńska 20 |
Bielsko-Biała |
Sarni Stok 2 |
Bochnia |
Partyzantów 2a |
Bolesławiec |
10 Marca 1 |
Brodnica |
Mostowa 2/4 |
Budzistowo |
Dobrawy 3 |
Bydgoszcz |
Fordońska 141 |
Bydgoszcz |
Wojska Polskiego 1 |
Bydgoszcz |
Kruszwicka 1 |
Bydgoszcz |
Jagiellońska 39 |
Bytom |
Plac Kościuszki 1 |
Bytom |
Jana Nowaka-Jeziorańskiego 25 |
Chełm |
Rejowiecka 42C |
Chojnice |
Podmiejska 2A |
Chorzów |
Parkowa 20 |
Chrzanów |
Trzebińska 40 |
Cieszyn |
Wojciecha Korfantego 23 |
Czeladź |
Będzińska 80 |
Częstochowa |
Kisielewskiego 8/16 |
Częstochowa |
Aleja Wojska Polskiego 207 |
Dąbrowa Górnicza |
Jana III Sobieskiego 6 |
Dębica |
Rzeszowska 114 |
Elbląg |
Płk. Stanisława Dąbka 152 |
Ełk |
Plac Miejski 1 |
Gdańsk |
Elektryków 1 |
Gdańsk |
Obrońców Wybrzeża 1 |
Gdańsk |
Targ Sienny 7 |
Gdańsk |
Al. Grunwaldzka 141 |
Gdańsk |
Rajska 10 |
Gdańsk |
Schuberta 102 a |
Gdańsk |
Szczęśliwa 3 |
Gdańsk |
Kołobrzeska 41C |
Gdańsk |
Złota Karczma 26 |
Gdynia |
Kazimierza Górskiego 2 |
Gliwice |
Pszczyńska 315 |
Gliwice |
Rybnicka 207 |
Gliwice |
Lipowa 1 |
Gliwice |
Jana Nowaka-Jeziorańskiego 1 |
Głogów |
Piłsudskiego 19 |
Gniezno |
Witkowska 1 |
Gniezno |
Pałucka 2 |
Gorzów Wielkopolski |
Al. Konstytucji 3-Maja 102 |
Gorzów Wielkopolski |
Przemysłowa 2 |
Grodzisk Mazowiecki |
H. Sienkiewicza 46/50 |
Grudziądz |
Chełmińska 4 |
Grudziądz |
Konarskiego 45 |
Gubin |
Ułanów Karpackich |
Iława |
Królowej Jadwigi 6 |
Inowrocław |
Wojska Polskiego 16 |
Jarosław |
Sikorskiego 2a |
Jastrzębie-Zdrój |
Podhalańska 26 |
Jaworzno |
Grunwaldzka 59 |
Jędrzejów |
Reymonta 11 |
Jelenia Góra |
Podwale 25 |
Jelenia Góra |
Jana Pawła II 51 |
Kalisz |
Górnośląska 82 |
Katowice |
3 Maja 30 |
Katowice |
Trasa Nikodema i Józefa Renców 30 |
Katowice |
Chorzowska 107 |
Katowice |
Kościuszki 229 |
Kędzierzyn-Koźle |
Armii Krajowej 38 |
Kielce |
Świętokrzyska 20 |
Kielce |
Warszawska 26 |
Kłodzko |
Noworudzka 2 |
Kobierzyce |
Francuska 6 |
Kobierzyce |
Czekoladowa 7-9 |
Kobylnica |
Szczecińska 6 |
Kołobrzeg |
Armii Krajowej 10 |
Konin |
Paderewskiego 8 |
Kosakowo |
Pułkownika Stanisława Dąbka 338 |
Koszalin |
Paderewskiego 1 |
Koszalin |
Jana Pawła II 20 |
Kraków |
Kamienna 12 |
Kraków |
Podgórska 34 |
Kraków |
Mieczysława Medweckiego 2 |
Kraków |
Aleja Generała Tadeusza Bora-Komorowskiego 41 |
Kraków |
Kamieńskiego 11 |
Kraków |
Zakopiańska 62 |
Kraków |
Kapitana Mieczysława Medweckiego 1 |
Kraków |
Stawowa 61 |
Kraków |
Aleja Pokoju 67 |
Kraków |
Kapelanka 54 |
Kraków |
Pawia 5 |
Kraków |
Al. Jana Pawła II 196 |
Krosno |
Bieszczadzka 29 |
Krotoszyn |
Słodowa 13 |
Kutno |
Tadeusza Kościuszki 73 |
Kwidzyn |
3 Maja 26 |
Legionowo |
Józefa Piłsudskiego 31C |
Legnica |
Schumana 11 |
Legnica |
Najświętszej Marii Panny 9 |
Leszno |
Konstytucji 3 Maja 12 |
Łódź |
Kolumny 6/36 |
Łódź |
Szparagowa 7 |
Łódź |
Marszałka Józefa Piłsudskiego 94 |
Łódź |
Drewnowska 58 |
Łódź |
Piłsudskiego 15/23 |
Łódź |
Aleja Jana Pawła II 30 |
Łódź |
Pabianicka 245 |
Łomianki |
Brukowa 25 |
Łomża |
Zawadzka 38 |
Lubin |
Sikorskiego 20 |
Lublin |
Lipowa 13 |
Lublin |
Orkana 4 |
Lublin |
Unii Lubelskiej 2 |
Lublin |
Tomasza Zana 19 |
Lublin |
Witosa 32 |
Lublin |
Spółdzielczości Pracy 34 |
Malbork |
Aleja Rodła 9 |
Marki |
Piłsudskiego 1 |
Mielec |
Powstańców W-wy 4 |
Mikołów |
Gliwicka 3 |
Myślenice |
Słoneczna 2E |
Mysłowice |
Katowicka 64 |
Nowy Dwór Mazowiecki |
Warszawska 36 |
Nowy Sącz |
Lwowska 80 |
Nowy Sącz |
Węgierska 170 |
Nowy Targ |
Składowa 2A |
Nysa |
Wolności 2 |
Oława |
Nowy Otok 11 |
Oleśnica |
Oliwkowa 1 |
Olkusz |
Rabsztyńska 2 |
Olsztyn |
Tuwima 26 |
Olsztyn |
Krasickiego 1B |
Olsztyn |
Aleja Piłsudskiego 16 |
Opinogóra-Górna |
Władysławowo 65 |
Opole |
plac Kopernika 16 |
Opole |
Wrocławska 152/154 |
Ostróda |
Jana Pawła II 9 |
Ostrołęka |
Gen. Fieldorfa "Nila" 28 |
Ostrów Wielkopolski |
Kaliska 120 |
Ostrowiec Świętokrzyski |
Adama Mickiewicza 30 |
Oświęcim |
Powstańców Śl. 1 |
Otwock |
Kupiecka 2 |
Pabianice |
Grobelna 8 |
Piaseczno |
Puławska 46 |
Piła |
14 Lutego 26 |
Piotrków Trybunalski |
Słowackiego 123 |
Płock |
Tysiąclecia 2a |
Płock |
Wyszogrodzka 129 |
Police |
Wyszyńskiego 13 |
Poznań |
Stanisława Matyi 2 |
Poznań |
Pleszewska 1 |
Poznań |
Półwiejska 42 |
Poznań |
Kolejowa 23 |
Poznań |
Drużbickiego 2 |
Poznań |
Głogowska 432 |
Poznań |
Bukowska 156 |
Poznań |
Al. Solidarności 47 |
Poznań |
Szwajcarska 14 |
Pruszków |
Henryka Sienkiewicza 19 |
Przemyśl |
W. Brudzewskiego 1 |
Puławy |
Lubelska 2 |
Racibórz |
Rybnicka 97 |
Radom |
Toruńska 1 |
Radom |
Józefa Grzecznarowskiego 28 |
Radom |
Bolesława Chrobrego 1 |
Radomsko |
Piastowska 28 |
Raszyn |
Mszczonowska 3 |
Ruda Śląska |
1 Maja 310 |
Rumia |
Grunwaldzka 108 |
Rybnik |
Bolesława Chrobrego 1 |
Rybnik |
Raciborska 16 |
Rzeszów |
Krakowska 20 |
Rzeszów |
Al. Kopisto 1 |
Rzeszów |
Aleja Tadeusza Rejtana 65 |
Rzeszów |
Aleja Józefa Piłsudskiego 44 |
Sandomierz |
Błonie 2 |
Sanok |
Jagiellońska 30 |
Siedlce |
Piłsudskiego 74 |
Sieradz |
Wojska Polskiego 11 |
Skierniewice |
Reymonta 8a |
Słupsk |
J. Tuwima 32-33 |
Sosnowiec |
Staszica 8 B |
Stalowa Wola |
Chopina 42 |
Starachowice |
Wyszyńskiego 14 |
Stare Miasto |
Ogrodowa 31 |
Stargard |
Bolesława Chrobrego 8 |
Starogard Gdański |
Pomorska 7 |
Stojadła |
Warszawska 63A |
Suwałki |
Generała Józefa Dwernickiego 15 |
Swadzim |
Św. Antoniego 2 |
Swarzędz |
Poznańska 6 |
Świdnica |
Strzegomska 2 |
Świdnica |
Westerplatte 29 |
Świebodzin |
Słowiańska 1 |
Świnoujście |
Jarosława Dąbrowskiego 5 |
Szczecin |
Aleja Boh. W-wy 42 |
Szczecin |
Aleja Wyzwolenia 18-20 |
Szczecin |
Ku Słońcu 67 |
Szczecin |
Struga 42 |
Szczecin |
Mieszka I 73 |
Szczecin |
Wiosenna 32 |
Szczecin |
Aleja Niepodległości 36 |
Szczecinek |
Bohaterów Warszawy 6 |
Tarnów |
Nowodąbrowska 127 |
Tarnów |
Krakowska 149 |
Tarnowskie Góry |
Kościuszki 5 |
Tczew |
Pomorska 1 |
Tomaszów Mazowiecki |
Warszawska 1 |
Toruń |
Broniewskiego 90 |
Toruń |
Stanisława Żółkiewskiego 15 |
Tychy |
Towarowa 2c |
Wałbrzych |
Wieniawskiego 19 |
Wałbrzych |
1 Maja 64 |
Warszawa |
Fort Wola 22 |
Warszawa |
Fort Wola 22 |
Warszawa |
Połczyńska 4 |
Warszawa |
Aleja Krakowska 61 |
Warszawa |
Rembielińska 20 |
Warszawa |
Jerozolimskie 179 |
Warszawa |
Kazimierza Szpotańskiego 4 |
Warszawa |
Głębocka 15 |
Warszawa |
Inflancka 4c, bud.D |
Warszawa |
Jana Ciszewskiego 15 |
Warszawa |
Plac Czerwca 1976 6 |
Warszawa |
Gen. Felicjana Sławoja Składkowskiego 4 |
Warszawa |
Złota 59 |
Warszawa |
Grochowska 207 |
Warszawa |
Targowa 72 |
Warszawa |
Marszałkowska 104/122 |
Warszawa |
Jubilerska 1/3 |
Warszawa |
Zgrupowania AK Kampinos 15 |
Warszawa |
Górczewska 124 |
Warszawa |
Ostrobramska 75C |
Warszawa |
Powstańców Śląskich 126 |
Warszawa |
Puławska 427 |
Warszawa |
Światowida 17 |
Warszawa |
Puławska 2 |
Warszawa |
Powsińska 31 |
Warszawa |
Jana Pawła II 82 |
Warszawa |
Żwirki i Wigury 1 |
Warszawa |
Wołoska 12 |
Włocławek |
Kilińskiego 3 |
Wodzisław Śląski |
Targowa 19 |
Wołomin |
Geodetów 2 |
Wrocław |
Orląt Lwowskich 20B |
Wrocław |
Paprotna 7 |
Wrocław |
Legnicka 58 |
Wrocław |
Sucha 1 |
Wrocław |
Bolesława Krzywoustego 126 |
Wrocław |
Zakładowa 2 |
Wrocław |
Plac Dominikański 3 |
Wrocław |
Świeradowska 51/5 |
Wrocław |
Aleja Hallera 52 |
Wrocław |
Pl. Grunwaldzki 22 |
Września |
Kolejowa 15 |
Wyszków |
Sowińskiego 62 |
Zabrze |
Pl. Teatralny 12 |
Zabrze |
Szkubacza 1 |
Zakopane |
Krupówki 40 |
Zamość |
Przemysłowa 10 |
Zamość |
Lwowska 56 |
Zgorzelec |
Jeleniogórska 42 |
Zielona Góra |
Wrocławska 17 |
Zielona Góra |
Energetyków 2A |
Zielona Góra |
Dąbrówki 5 |
Żory |
Katowicka 10 |
Żyrardów |
1 Maja 40 |
Żywiec |
Zielona 3 |
Appendix no. 2 List of blocked domains
Domain name |
gmx.com |
nomes.fr.cr |
necktai.com |
galcake.com |
oniecan.com |
asoflex.com |
huvacliq.com |
kaudat.com |
rambler.ru |
loongwin.com |
etondy.com |
hone.waw.pl |
speedsmail.waw.pl |
pipipi.waw.pl |
qmailv.com |
wikizs.com |
anidaw.com |
wifwise.com |
unite5.com |
ioea.net |
sanzv.com |
lifezg.com |
hkirsan.com |
uaxpress.com |
dietna.com |
travile.com |
sanzv.com |
lifezg.com |
hkirsan.com |
uaxpress.com |
qmailv.com |
wikizs.com |
anidaw.com |
wifwise.com |
unite5.com |
ioea.net |
positivespeed.com.pl |
mailok.com.pl |
wpoczta.com.pl |
urmail.com.pl |
ccport.pl |
qualitymail.pl |
runmail.pl |
smartmail.com.pl |
spaceletter.pl |
speedmails.pl |
supremeletter.pl |
topmail.com.pl |
yourletters.pl |
Terms & Conditions of the consumer program "Benefit for expressing marketing consent to Philip Morris Polska Distribution Sp. z.o.o and registering device"
TERMS AND CONDITIONS OF THE CONSUMER PROGRAM
§ 1
General Provisions
- Consumer Program “BENEFIT FOR EXPRESSING MARKETING CONSENT TO PHILIP MORRIS POLSKA DISTRIBUTION SP. Z O.O. AND REGISTERING THE DEVICE” (hereinafter referred to as the “Program”) is organised by Philip Morris Polska Distribution Sp. z o.o. with its registered office in Kraków at Al. Jana Pawła II 196, 31-982 Kraków, entered in the Register of Entrepreneurs kept by the District Court for Kraków-Śródmieście in Kraków, 11th Commercial Division of the National Court Register under KRS number 289223, NIP: 675-13-73-354, BDO: 000011337, with a share capital of PLN 10,000,000.00 (hereinafter referred to as “PMPL-D” or “Organiser”).
- The text of these Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) is available at www.rejestrujemysie.pl, www.iqos.com and www.veev-vape.com, in IQOS stationary stores as well as at IQOS Representatives and selected retail outlets. Users may also obtain information on these Terms and Conditions by contacting the Customer Service Centre at 801 801 501 or (+48) 22 455 14 04 (call cost according to the operator’s tariff).
- The Program shall be held from 15.04.2024 to 7.05.2024 (hereinafter referred to as the “Program Period”).
- The Program shall be conducted in the territory of the Republic of Poland.
Program Participants
- Participation in the Program is available only to adult users of tobacco or nicotine-containing products who reside in Poland and:
- register or have an Account in the consumer database of users of smoke-free products offered by PMPL-D (hereinafter referred to as the “Database”), on terms and conditions provided for in separate documents (“TERMS AND CONDITIONS OF REGISTRATION WITH THE CONSUMER DATABASE OF PHILIP MORRIS POLSKA DISTRIBUTION SP. Z O.O.”, “PL.IQOS.COM STORE AND WEBSITE TERMS AND CONDITIONS”), and;
- agree to receive commercial information from the Organiser (hereinafter referred to as the “Participants”);
§ 3
Benefits for registering Device at the time of purchase
- A Participant who fulfils the conditions described in § 2(1)(a) and (b) of the Terms and Conditions, and who, during the Program Period while making a purchase at:
a) a stationary IQOS store registers in their account, which can be accessed via the website at www.iqos.com or www.veev-vape.com, in the Database (hereinafter referred to as the “Account”), an IQOS, lil SOLID, or VEEV ONE device (hereinafter the “Device”) and an IQOS ILUMA PRIME, IQOS ILUMA, or IQOS ILUMA ONE device (hereinafter the “Device from the IQOS ILUMA family”), will receive at this stationary IQOS store:
- for IQOS 2.4 PLUS, IQOS 3 DUO, IQOS ORIGINALS DUO devices – 2 packs of HEETS tobacco sticks;
- for lil SOLID Device – 2 packs of Fiit tobacco sticks;
- for VEEV ONE Device – 2 VEEV ONE pods;
- for devices from the IQOS ILUMA family – 2 packs of TEREA or DELIA tobacco sticks;
(hereinafter referred to as “Benefits for the purchase at the IQOS store”).
b) in the case of registration of IQOS ILUMA family Devices in selected retail outlets (you can obtain information about the nearest retailer to register with the Database via the Customer Service Centre referred to above), the following will be sent to the provided telephone number:
- in the event of using the offer described in the Regulations “OFFER WITH REGISTRATION IN THE PHILIP MORRIS POLSKA DISTRIBUTION SP. Z O.O. DATABASE AND REGISTRATION OF A DEVICE FROM THE IQOS ILUMA FAMILY”:
- a text message with a code enabling the purchase of 3 packs of TEREA or DELIA tobacco sticks for the price of 1 pack at the place of redemption of the discount code selected according to the text message;
- a text message with a code enabling the purchase of 3 packs of TEREA or DELIA tobacco sticks for the price of 1 pack at the place of redemption of the discount code selected according to the text message;
- in the event of not using the offer described in the Regulations “OFFER WITH REGISTRATION IN THE PHILIP MORRIS POLSKA DISTRIBUTION SP. Z O.O. DATABASE AND REGISTRATION OF A DEVICE FROM THE IQOS ILUMA FAMILY”:
- a text message with a code enabling the purchase of 3 packs of TEREA or DELIA tobacco sticks for the price of 1 pack at the place of redemption of the discount code selected according to the text message;
- a text message with a code enabling the purchase of 3 packs of TEREA or DELIA tobacco sticks for the price of 1 pack at the place of redemption of the discount code selected according to the text message;
- SMS message with a Voucher in the amount of PLN 50 (hereinafter referred to as the “PLN 50 Voucher”), enabling the purchase of any of the available accessories (which can be placed in the Participant’s shopping cart) for Devices from the IQOS ILUMA family in the store www.iqos.com or a PLN 50 voucher enabling the purchase of any of the available accessories for Devices from the IQOS ILUMA family and/or TEREA or DELIA tobacco sticks at an IQOS stationary store. The PLN 50 voucher will work in the case of one-off purchases for an amount equal to or higher than PLN 51, in that it will reduce the price of such purchases by PLN 50; the PLN 50 Voucher cannot be combined with other offers;
(hereinafter referred to as “Benefits for the Purchase at a retail outlet”).
- During the Program Period, the Participant has the right to use the Benefits when purchasing at the IQOS store, referred to in § 3(1)(a) and (b) of the Terms and Conditions, no more than twice within 30 days from the moment of registration of the Device or Device from the IQOS ILUMA family in Database.
§ 4
Benefits for post-purchase registration
- A Participant who fulfils the conditions described in § 2(1)(a) and (b) of the Terms and Conditions, who registers in their Account, in the Database, an IQOS, lil SOLID or VEEV ONE Device and a Device from the IQOS ILUMA family, purchased on the territory of the Republic of Poland, which has not been previously a) registered at the time of purchase pursuant to § 3 of the Terms and Conditions, or b) excluded under § 5 (2) of the Terms and Conditions, and the Participant is the first owner (the device has not been registered in another Account), subject to § 5 (3) of the Terms and Conditions, in one of the following ways:
- via the website www.rejestrujemysie.pl;
- by sending a text message to 799 448 202 or 4909 with his/her name (text message cost according to the operator’s tariff); after receiving the message, the Organisers representative will contact the Participant in order to carry out the registration;
- by contacting the Customer Service Centre by phone at 801 801 501 or 22 455 14 04 or 799 448 202 (call cost according to the operator’s tariff);
- via the website www.iqos.com, www.veev-vape.com;
- by visiting an IQOS stationary store. You can obtain information about your nearest store via the Customer Service Centre referred to above or at www.iqos.com and this information is included in Appendix 1 to the Terms and Conditions;
- at selected retail outlets. You can obtain information about the nearest retailer to register with the Database via the Customer Service Centre referred to above.
Will receive, subject to paragraphs 3(1b)(i) and section 3 and 4 below, for:
- IQOS 2.4 PLUS, IQOS 3 DUO, IQOS ORIGINALS DUO Devices – a text message with a code enabling the purchase of 3 packs of HEETS tobacco sticks for the price of 1 pack at the place of redemption of the discount code selected according to the text message;
- lil SOLID Device – a text message with a code enabling the purchase of 3 packs of Fiit tobacco sticks for the price of 1 pack at the place of redemption of the discount code selected according to the text message;
- VEEV ONE Device – a text message with a code enabling the purchase of 4 VEEV ONE pods for the price of 2 at the place of redemption of the discount code selected according to the text message;
- Device from the IQOS ILUMA family – a text message with a code enabling the purchase of 3 packs of TEREA or DELIA tobacco sticks for the price of 1 pack at the place of redemption of the discount code selected according to the text message (hereinafter for letters (g) to (j) referred to as the “Discount Code”) and a discount code with a PLN 50 Voucher;
- The discount codes referred to in § 4 (1) (g) to (j) of the Terms and Conditions with a PLN 50 Voucher are hereinafter referred to as “Benefits after purchase”.
- In the case of registration of the Device and a Device from the IQOS ILUMA family during a meeting with an IQOS Representative, who, at the time of registration, will be present at the retail outlet in which it is possible to redeem Discount Codes, in accordance with § 4 (1) of the Terms and Conditions, the Participant will receive, subject to § 4 (1) (g), (h), (i), and (j) and section 4 of the Terms and Conditions, for:
- IQOS 2.4 PLUS, IQOS 3 DUO, IQOS ORIGINALS DUO Devices – a text message with a code enabling the purchase of 3 packs of HEETS tobacco sticks for the price of 1 pack at the place of redemption of the discount code selected according to the text message;
- lil SOLID Device – a text message with a code enabling the purchase of 3 packs of Fiit tobacco sticks for the price of 1 pack at the place of redemption of the discount code selected according to the text message;
- VEEV ONE Device – a text message with a code enabling the purchase of 4 VEEV ONE pods for the price of 2 at the place of redemption of the discount code selected according to the text message;
- Device from the IQOS ILUMA family – a text message with a code enabling the purchase of 3 packs of TEREA or DELIA tobacco sticks for the price of 1 pack at the place of redemption of the discount code selected according to the text message.
The PLN 50 Voucher will not be awarded in the event of registering the Device as described in § 4 (3) (d) of the Terms and Conditions.
(hereinafter referred to as the “Benefits for the purchase with an IQOS Representative at a retail outlet redeeming Discount Codes”).
- In the case of registration of the Device during a meeting with an IQOS Representative, who, at the time of registration, will be present at the retail outlet in which it is not possible to redeem Discount Codes, in accordance with § 4 (1) of the Terms and Conditions, the Participant, instead of a Discount Code will receive from an IQOS Representative:
- for IQOS 2.4 PLUS, IQOS 3 DUO, IQOS ORIGINALS DUO devices – 2 packs of HEETS tobacco sticks;
- for lil SOLID Device – 2 packs of Fiit tobacco sticks;
- for VEEV ONE Device – 2 VEEV ONE pods;
- for devices from the IQOS ILUMA family – 2 packs of TEREA or DELIA tobacco sticks and a PLN 50 Voucher;
(hereinafter referred to as the “Benefits for the purchase with an IQOS Representative at a retail outlet not redeeming Discount Codes”).
§ 5
Program Limits
- During the Program Period, the Participant is entitled to use:
- Benefits for the purchase at a retail outlet;
- Post-purchase Benefits;
- Benefits for the purchase with an IQOS Representative at a retail outlet redeeming Discount Codes;
- Benefits for the purchase with an IQOS Representative at a retail outlet not redeeming Discount Codes;
- Benefits for the purchase at a retail outlet;
for each new Device or Device from the IQOS ILUMA family, but no more than twice in a period of 30 days from the moment of registration of the Device or Device from the IQOS ILUMA family in the Database.
- Benefits for the Purchase at a retail outlet, Benefits after purchase, Benefits for the purchase with an IQOS Representative at a retail outlet redeeming Discount Codes, Benefits for the purchase with an IQOS Representative at a retail outlet not redeeming Discount Codes:
- can only be used once;
- are not subject to exchange or return;
- cannot be exchanged for cash or cash equivalent;
- if they are not used within their validity period, the Participant is not entitled to a cash equivalent or any payment in cash;
- can only be used by the Program Participant. The Organizer reserves the right to verify the Participant's identity upon receipt and use of a given benefit in order to confirm participation in the Program.
- can only be used once;
- Excluded from participation in Benefits for the purchase at a retail outlet, Post-purchase Benefits, Benefits for the purchase with an IQOS Representative at a retail outlet redeeming Discount Codes, and Benefits for the purchase with an IQOS Representative at a retail outlet not redeeming Discount Codes, are Devices and Devices from the IQOS ILUMA family that were registered during purchase, including Devices and Devices from the IQOS ILUMA family purchased with such registration:
- at the website www.iqos.com, www.veev-vape.com;
- during a phone call with an IQOS representative;
- at an IQOS stationary store.
- at the website www.iqos.com, www.veev-vape.com;
- In the event of purchasing more than one Device or Devices from the IQOS ILUMA family in a stationary IQOS store as part of one transaction, understood as the simultaneous purchase of several Devices or Devices from the IQOS ILUMA family, which was recorded on one receipt, within the scope of the Program (i.e. in the case of registration of a Device after purchase), Post-purchase benefits referred to in § 4 of the Terms and Conditions are available only for registering one Device or one Device from the IQOS ILUMA family.
§ 6
Personal data protection
- The Controller of personal data of Program Participants is the Organiser.
- The processing of personal data shall take place in accordance with the rules laid down in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation – “GDPR”).
- Personal data may be processed for the purpose of proper organisation and implementation of the Program, including contact with Participants on matters related to the Program, as well as for marketing purposes, which is a legitimate interest of the Organiser. Personal data will be processed for the duration of the Program and also after its completion, if it is justified by the need to settle claims or due to legal provisions.
- Providing personal data and expressing consents is voluntary, but necessary to participate in the Program.
- The Program Participant shall have the right to access the content of their data, request their rectification, deletion, restriction of processing and the right to object against their processing, as well as the right to lodge a complaint with the supervisory authority. The Program Participant also has the right to transfer personal data and in cases where the processing of data takes place based on a consent – to withdraw such consent at any time without affecting the lawfulness of processing based on consent before its withdrawal.
- The Organiser declares that the data of the Participants will not be processed in an automated manner and will not be profiled.
- The data of the Program Participants may be transferred to the Organiser’s subcontractors and entities authorised by law.
- The Organiser will collect the following data from the Participants:
- first name;
- last name;
- date of birth;
- phone number;
- e-mail address;
- postal code (optional for registration at an IQOS stationary store);
- city of residence (for online registration at www.iqos.com, www.veev-vape.com).
- first name;
- Data of Participants may be transferred to third countries (i.e. outside the European Economic Area, including the European Union, Norway, Liechtenstein, and Iceland).
- Participants may contact the Organiser if they have any questions regarding the processing of personal data by the Organiser by using the following e-mail address: [email protected].
- Participants have the right to file a complaint with the supervisory authority (President of the Personal Data Protection Office, ul. Stawki 2, 00-193 Warszawa; www.uodo.gov.pl).
- More information on the protection of personal data can be found in the Privacy Policy available at https://www.pmiprivacy.com/poland/pl/consumer/.
§ 7
Complaint procedure
- The Participant shall have the right to file a complaint regarding the Program at any time.
- The Participant may file a complaint in particular in the form of an e-mail sent to [email protected] or by calling the Helpdesk at 801 801 501 or (+48) 22 455 14 04 (call cost according to the operator’s tariff). In order to expedite the consideration of the complaint, the Organiser recommends to provide in the complaint a brief description of the reasons justifying the complaint, contact details of the Participant filing the complaint and the note “BENEFIT FOR EXPRESSING MARKETING CONSENT TO PHILIP MORRIS POLSKA DISTRIBUTION SP. Z O.O. AND REGISTERING THE DEVICE”.
- The complaint will be handled by the Organiser within 14 days from the Organiser’s receipt of the complaint notice from the User.
§ 8
Final provisions
- All matters not provided hereunder shall be governed by the provisions of Polish law, in particular the provisions of Polish Civil Code.
- Should any provision of these Terms and Conditions prove invalid or legally ineffective, the Terms and Conditions shall remain in full force and effect with regard to the remaining provisions.
- By joining the Program, the Program Participants agree to adhere to these Terms and Conditions.
- The Organiser reserves the right to change the Terms and Conditions, including in the event of one of the following important reasons:
- any change to the legal provisions governing the principles of granting Benefits for registering Device at the time of purchase specified in § 3 of the Terms and Conditions and in § 4 of the Terms and Conditions on Benefits for post-purchase registration by the Organiser, affecting the mutual rights and obligations specified in these Terms and Conditions;
- necessity of adapting the Organiser's activities to orders, judgments, resolutions or guidelines resulting from:
- any change to the legal provisions governing the principles of granting Benefits for registering Device at the time of purchase specified in § 3 of the Terms and Conditions and in § 4 of the Terms and Conditions on Benefits for post-purchase registration by the Organiser, affecting the mutual rights and obligations specified in these Terms and Conditions;
- a decision from a public administration body competent in the scope of the Organiser's activities affecting the mutual rights and obligations specified in the Terms and Conditions, or
- a court decision applicable to the scope of the Organiser's activities affecting the mutual rights and obligations specified in the Terms and Conditions;
- occurrence of a majeure force incidents affecting the financial situation of the Organiser ( majeure force means an incidents (a) which the Organiser could not predict while observing due care required in professional relations and (b) which is external both to the Participant as well as the Organiser and (c) which the Organiser could not oppose while acting with due diligence understood in this way.
- In the event of changes to the Terms and Conditions, the Organiser shall make the consolidated text of the Terms and Conditions available in the places listed in § 1 point 2 of the Terms and Conditions.
- Any change to the Terms and Conditions does not affect the rights acquired by the user under contracts concluded until the day of introducing the change to the Terms and Conditions, unless otherwise stated from legal provisions.
- Any change to the Terms and Conditions shall be effective from the day indicated in the new terms and conditions.
ORGANISER: Philip Morris Polska Distribution Sp. z o.o.
Aleja Jana Pawła II 196
31-982 Kraków
Appendix no. 1 List of IQOS stationary stores
MIASTO | ULICA |
Balice | Kapitana Mieczysława Medweckiego 1 |
Bełchatów | Bawełniana 7 |
Bełchatów | Kolejowa 6 |
Biała Podlaska | Jana III Sobieskiego 9 |
Białystok | Świętojańska 15 |
Białystok | Hetmańska 16 |
Białystok | Czesława Miłosza 2 |
Bielsko-Biała | Mostowa 5 |
Bielsko-Biała | Leszczyńska 20 |
Bielsko-Biała | Sarni Stok 2 |
Bochnia | Partyzantów 2a |
Bolesławiec | 10 Marca 1 |
Brodnica | Mostowa 2/4 |
Budzistowo | Dobrawy 3 |
Bydgoszcz | Fordońska 141 |
Bydgoszcz | Wojska Polskiego 1 |
Bydgoszcz | Kruszwicka 1 |
Bytom | Plac Kościuszki 1 |
Chełm | Rejowiecka 42C |
Chojnice | Podmiejska 2A |
Chrzanów | Trzebińska 40 |
Cieszyn | Wojciecha Korfantego 23 |
Czeladź | Będzińska 80 |
Częstochowa | Kisielewskiego 8/16 |
Częstochowa | Aleja Wojska Polskiego 207 |
Dąbrowa Górnicza | Jana III Sobieskiego 6 |
Elbląg | Płk. Stanisława Dąbka 152 |
Ełk | Plac Miejski 1 |
Gdańsk | Obrońców Wybrzeża 1 |
Gdańsk | Targ Sienny 7 |
Gdańsk | Aleja Grunwaldzka 141 |
Gdańsk | Rajska 10 |
Gdańsk | Schuberta 102 a |
Gdańsk | Szczęśliwa 3 |
Gdańsk | Złota Karczma 26 |
Gdynia | Kazimierza Górskiego 2 |
Gliwice | Rybnicka 207 |
Gliwice | Lipowa 1 |
Gliwice | Jana Nowaka-Jeziorańskiego 1 |
Głogów | Piłsudskiego 19 |
Gniezno | Witkowska 1 |
Gniezno | Pałucka 2 |
Gorzów Wielkopolski | Aleja Konstytucji 3-Maja 102 |
Gorzów Wielkopolski | Przemysłowa 2 |
Grodzisk Mazowiecki | H. Sienkiewicza 46/50 |
Grójec | Armii Krajowej 50 |
Grudziądz | Konarskiego 45 |
Gubin | Ułanów Karpackich |
Iława | Królowej Jadwigi 6 |
Inowrocław | Wojska Polskiego 16 |
Jarosław | Sikorskiego 2a |
Jastrzębie-Zdrój | Podhalańska 26 |
Jaworzno | Grunwaldzka 59 |
Jędrzejów | Reymonta 11 |
Jelenia Góra | Podwale 25 |
Jelenia Góra | Jana Pawła II 51 |
Kalisz | Górnośląska 82 |
Katowice | 3 Maja 30 |
Katowice | Trasa Nikodema i Józefa Renców 30 |
Katowice | Chorzowska 107 |
Katowice | Kościuszki 229 |
Kędzierzyn-Koźle | Armii Krajowej 38 |
Kielce | Świętokrzyska 20 |
Kielce | Warszawska 26 |
Kłodzko | Noworudzka 2 |
Kobierzyce | Francuska 6 |
Kobierzyce | Czekoladowa 7-9 |
Kobylnica | Szczecińska 6 |
Kołobrzeg | Armii Krajowej 10 |
Konin | Paderewskiego 8 |
Kosakowo | Pułkownika Stanisława Dąbka 338 |
Koszalin | Paderewskiego 1 |
Koszalin | Jana Pawła II 20 |
Kraków | Wielicka 259 |
Kraków | Podgórska 34 |
Kraków | Mieczysława Medweckiego 2 |
Kraków | Aleja Generała Tadeusza Bora-Komorowskiego 41 |
Kraków | Kamieńskiego 11 |
Kraków | Zakopiańska 62 |
Kraków | Stawowa 61 |
Kraków | Aleja Pokoju 67 |
Kraków | Kapelanka 54 |
Kraków | Pawia 5 |
Kraków | Aleja Jana Pawła II 196 |
Krosno | Bieszczadzka 29 |
Kutno | Tadeusza Kościuszki 73 |
Kwidzyn | 3 Maja 26 |
Legionowo | Józefa Piłsudskiego 31C |
Legnica | Najświętszej Marii Panny 9 |
Leszno | Konstytucji 3 Maja 12 |
Łódź | Kolumny 6/36 |
Łódź | Szparagowa 7 |
Łódź | Marszałka Józefa Piłsudskiego 94 |
Łódź | Drewnowska 58 |
Łódź | Piłsudskiego 15/23 |
Łódź | Aleja Jana Pawła II 30 |
Łódź | Pabianicka 245 |
Łomianki | Brukowa 25 |
Łomża | Zawadzka 38 |
Lubin | Sikorskiego 20 |
Lublin | Aleja Spółdzielczości Pracy 86 |
Lublin | Lipowa 13 |
Lublin | Orkana 4 |
Lublin | Unii Lubelskiej 2 |
Lublin | Witosa 32 |
Malbork | Aleja Rodła 9 |
Marki | Piłsudskiego 1 |
Mielec | Powstańców W-wy 4 |
Mikołów | Gliwicka 3 |
Myślenice | Słoneczna 2E |
Mysłowice | Katowicka 64 |
Nowy Dwór Mazowiecki | Warszawska 36 |
Nowy Sącz | Lwowska 80 |
Nowy Targ | Składowa 2A |
Nysa | Wolności 2 |
Oława | Nowy Otok 11 |
Oleśnica | Oliwkowa 1 |
Olkusz | Rabsztyńska 2 |
Olsztyn | Tuwima 26 |
Olsztyn | Aleja Piłsudskiego 16 |
Opinogóra-Górna | Władysławowo 65 |
Opole | Plac Kopernika 16 |
Opole | Wrocławska 152/154 |
Ostróda | Jana Pawła II 9 |
Ostrołęka | Gen. Fieldorfa "Nila" 28 |
Ostrów Wielkopolski | Kaliska 120 |
Ostrowiec Świętokrzyski | Adama Mickiewicza 30 |
Oświęcim | Powstańców Śl. 1 |
Otwock | Kupiecka 2 |
Pabianice | Grobelna 8 |
Piaseczno | Puławska 46 |
Piła | 14 Lutego 26 |
Piotrków Trybunalski | Słowackiego 123 |
Płock | Tysiąclecia 2a |
Płock | Wyszogrodzka 129 |
Poznań | Stanisława Matyi 2 |
Poznań | Pleszewska 1 |
Poznań | Półwiejska 42 |
Poznań | Drużbickiego 2 |
Poznań | Głogowska 432 |
Poznań | Bukowska 156 |
Poznań | Aleja Solidarności 47 |
Poznań | Szwajcarska 14 |
Pruszków | Henryka Sienkiewicza 19 |
Przemyśl | W. Brudzewskiego 1 |
Puławy | Lubelska 2 |
Racibórz | Rybnicka 97 |
Radom | Józefa Grzecznarowskiego 28 |
Radom | Bolesława Chrobrego 1 |
Radomsko | Piastowska 28 |
Raszyn | Mszczonowska 3 |
Ruda Śląska | 1 Maja 310 |
Rumia | Grunwaldzka 108 |
Rybnik | Bolesława Chrobrego 1 |
Rybnik | Raciborska 16 |
Rzeszów | Krakowska 20 |
Rzeszów | Aleja Kopisto 1 |
Rzeszów | Aleja Tadeusza Rejtana 65 |
Rzeszów | Aleja Józefa Piłsudskiego 44 |
Siedlce | Piłsudskiego 74 |
Sieradz | Wojska Polskiego 11 |
Skierniewice | Reymonta 8a |
Słupsk | J. Tuwima 32-33 |
Sosnowiec | Staszica 8 B |
Stalowa Wola | Chopina 42 |
Starachowice | Wyszyńskiego 14 |
Stare Miasto | Ogrodowa 31 |
Stargard | Bolesława Chrobrego 8 |
Starogard Gdański | Pomorska 7 |
Stojadła | Warszawska 63A |
Suwałki | Generała Józefa Dwernickiego 15 |
Swadzim | Św. Antoniego 2 |
Swarzędz | Poznańska 6 |
Świdnica | Westerplatte 29 |
Świebodzin | Słowiańska 1 |
Świnoujście | Jarosława Dąbrowskiego 5 |
Szczecin | Aleja Boh. W-wy 42 |
Szczecin | Aleja Wyzwolenia 18-20 |
Szczecin | Ku Słońcu 67 |
Szczecin | Struga 42 |
Szczecin | Mieszka I 73 |
Szczecin | Wiosenna 32 |
Szczecin | Aleja Niepodległości 36 |
Szczecinek | Bohaterów Warszawy 6 |
Tarnów | Nowodąbrowska 127 |
Tarnów | Krakowska 149 |
Tarnowskie Góry | Kościuszki 5 |
Tczew | Pomorska 1 |
Tomaszów Mazowiecki | Warszawska 1 |
Toruń | Broniewskiego 90 |
Toruń | Stanisława Żółkiewskiego 15 |
Tychy | Towarowa 2c |
Wałbrzych | Wieniawskiego 19 |
Wałbrzych | 1 Maja 64 |
Warszawa | Targowa 72 |
Warszawa | Połczyńska 4 |
Warszawa | Aleja Krakowska 61 |
Warszawa | Jerozolimskie 179 |
Warszawa | Kazimierza Szpotańskiego 4 |
Warszawa | Głębocka 15 |
Warszawa | Inflancka 4c, bud. D |
Warszawa | Jana Ciszewskiego 15 |
Warszawa | Plac Czerwca 1976 6 |
Warszawa | Gen. Felicjana Sławoja Składkowskiego 4 |
Warszawa | Złota 59 |
Warszawa | Grochowska 207 |
Warszawa | Marszałkowska 104/122 |
Warszawa | Jubilerska 1/3 |
Warszawa | Zgrupowania AK Kampinos 15 |
Warszawa | Górczewska 124 |
Warszawa | Ostrobramska 75C |
Warszawa | Powstańców Śląskich 126 |
Warszawa | Puławska 427 |
Warszawa | Światowida 17 |
Warszawa | Puławska 2 |
Warszawa | Powsińska 31 |
Warszawa | Jana Pawła II 82 |
Warszawa | Żwirki i Wigury 1 |
Warszawa | Wołoska 12 |
Włocławek | Kilińskiego 3 |
Wodzisław Śląski | Targowa 19 |
Wołomin | Geodetów 2 |
Wrocław | Paprotna 7 |
Wrocław | Legnicka 58 |
Wrocław | Sucha 1 |
Wrocław | Bolesława Krzywoustego 126 |
Wrocław | Plac Dominikański 3 |
Wrocław | Świeradowska 51/5 |
Wrocław | Aleja Hallera 52 |
Wrocław | Pl. Grunwaldzki 22 |
Września | Kolejowa 15 |
Wyszków | Sowińskiego 62 |
Zabrze | Pl. Teatralny 12 |
Zakopane | Krupówki 40 |
Zamość | Przemysłowa 10 |
Zgierz | Aleja Armii Krajowej 8/16 |
Zgorzelec | Jeleniogórska 42 |
Zielona Góra | Wrocławska 17 |
Zielona Góra | Energetyków 2A |
Żory | Katowicka 10 |
Żyrardów | 1 Maja 40 |
Żywiec | Zielona 3 |
Company Information
Philip Morris Polska Distribution Sp. z o.o. (PMPL-D) is responsible for sales and marketing activities in Poland, with headquarters in Cracow and offices in Warsaw.
Philip Morris Polska Distribution Sp. z o.o. is registered in XI Division of Polish Court Register, District Court for the city of Cracow under the number 0000289223, company tax identification number 675-13-73-354.
PHILIP MORRIS POLSKA DISTRIBUTION SP Z O.O.
Al. Jana Pawła II 196
31-982 Kraków
Polska
Telefon: 22 606 22 22
We would like to use your content. If you agree, this sets out the terms on which you are letting us use your content.
LICENSE TO USE USER GENERATED CONTENT:
· This permission to use your content (“UGC”) is an agreement between you (“You” or “Your”) and Philip Morris International Management SA (“PMI”).
· You confirm that:
a. You are current user of IQOS and at least 18 years old (if you do not appear in UGC) or at least 25 years old (if you appear recognizably in UGC);
b. the UGC is Your original work and does not violate any intellectual property, personality or other rights which belong to a third party;
c. Your permission to use the UGC under this agreement (“Your License”) does not violate or conflict with Your existing contractual arrangements or applicable laws;
d. any people recognizably appearing in the UGC including yourself are at least 25 years old, and that You have permission from those people to: i) photograph, record or film them , ii) include their photograph, sound and/or video in the UGC and iii) if applicable, use their names for being shared by PMI and its affiliates for the purposes listed below with no consideration payable to them, and iv) provide PMI with a copy of their written permission if PMI requests You to do so;
· You keep all of Your rights to the UGC, but You hereby grant to PMI and its affiliates, a royalty free, license to use and copy, including for commercial purposes, the UGC for all lawful purposes including marketing, promoting and/or advertising of PMI’s non-combustible tobacco brands, as well as thereto related products, services and promotional materials, from the date on which You grant PMI and its affiliates Your License;
· You grant PMI and its affiliates the rights to reproduce, modify, display and prepare derivative works, publicly perform, display, distribute, broadcast, and otherwise use the UGC, in whole or in part in any way PMI (or any of its affiliates) desires, for the above purposes, in any anticipated media for publication and in any geographies;
· You allow PMI and its affiliates to use the name, nickname, likeness, pseudonym, rights of publicity, voice, live or recorded performance, autograph, photographs and biographical information of You and any other people included in the UGC in accordance with our third party privacy notice located at https://www.pmi.com/resources/docs/default-source/legal/pmi---third-party-privacy-notice.pdf?sfvrsn=0, and that you have notified any other people included in the UGC of these terms;
· In case the UGC infringes any proprietary rights of any third party or defame or invade the privacy or publicity rights of any person, You will indemnify, defend and hold PMI and its affiliates harmless from and against any and all claims, demands, damages, liabilities, losses, costs and expenses arising from or related to this breach;
· You agree that Your License is voluntary and You are free to enter into it with PMI;
· Your License is given to PMI (or any of its affiliates) for the period of 5 years from the date of Your approval;
· You can opt-out from Your License agreement for future UGC at any time by contacting [email protected]. Please consider that processing your opt-out request might take some time, but we will do our best to do it as soon as possible;
· You can contact [email protected] for any queries or clarifications regarding Your License, if you believe your copyright or intellectual property protected material has been used without authorization or if your privacy or personality rights have been infringed;
· You can enter into Your License by posting #okiqosterms in response to our request from account @iqos on Instagram or account @iqos on Twitter or by submitting, posting, sending us UGC on our channels, accounts;
· Your License will be governed by the laws of Switzerland and will be subject to the jurisdiction of courts in Lausanne, Switzerland.
Information clause
Information clause
- The controller of your personal data within the meaning of the GDPR is Philip Morris Polska Distribution Sp. z o. o. with its registered office in Kraków (31-982), al. Jana Pawła II 196 (PMPL-D).
- We process your data for the purposes of: verification of the age and status of the user of PMPL-D products; order fulfilment; payment processing; provision of warranty services; provision
of sales services; sale of PMPL-D products (to the extent permitted by law); implementation
of marketing campaigns, business analytics, market research, system audits and fraud prevention, product improvement, and device diagnostics and updates. - You have the right to access your personal data, rectification, erasure, restriction of processing, data portability, and the right to object to the processing of personal data.
In order to exercise these rights, please contact us at: e-mail: [email protected] or by phone:
801 801 501 or (+48) 22 455 14 04 (call cost according to the operator’s tariff). The legal basis for the processing of personal data is:
a. Article 6(1)(f) of the GDPR - legitimate interest of PMPL-D related to:
- providing sales and product support services to our customers (e.g. correspondence with you, general administration and problem solving),
- providing points of contact with PMPL-D, providing electronic devices launched by PMPL-D, and providing support (e.g. enabling the use of points of contact with PMPL-D and electronic devices of PMPL-D and improving the comfort of using them),
- analysing and improving our business results (e.g. business analytics, statistical, or scientific purposes), our products, points of contact with PMPL-D, points of sale and events,
and engaging others in the promotion of PMPL-D products, if your interests, rights, and freedoms regarding the protection of information about you are not overriding them.
- to market our products (where permitted by law), including administering loyalty programs, product improvement, market research (and purposes related to demonstrating fair market research practices), developing marketing strategies, administering marketing campaigns and customizing service, such as at points where PMI products are sold and at events, and sending messages and displaying marketing content.
- Article 6(1)(b) of the GDPR - the necessity to perform the contract concluded with you, in the case of managing your account in order to provide support as part of purchases or to provide after-sales service; we use this information to fulfil our contractual obligations towards you as a buyer or borrower of products launched by PMPL-D (e.g. fulfilling your orders, processing your payments, providing warranty service, and providing support services), as well as to support your security and the security of PMPL-D, as well as to prevent abuse.
- Article 6(1)(c) of the GDPR - fulfilment of the legal obligation due to the need to comply with the obligation to sell products only to adults (verification of the age and status of the user of our products);
- Your personal data may be transferred to third parties, i.e.:
a) PMI affiliates, that is members of the Philip Morris International group;
b) third parties who provide PMI affiliates or you with products or services
c) carefully selected business partners in areas connected to our products, so that they can contact you with offers that they think may interest you, in accordance with your preferences;
d) third parties where permitted or required by law.
- The provision of personal data is voluntary. The consequence of not providing personal data, providing incomplete or even partially untrue or incorrect personal data, is the inability to register in the PMPL-D consumer database.
- Consent can be withdrawn at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
- Your data will be transferred to third countries (i.e. outside the European Economic Area, including the European Union, Norway, Liechtenstein, and Iceland).
- We will process your personal data for profiling purposes, i.e.:
a) personal data in the form of:
- data related to the use of PMPL-D devices, the period of use of these devices;
- tobacco sticks variants used;
- behavioural data, i.e. related to the use of websites belonging to PMPL-D, interaction with
PMPL-D marketing communications, use of promotional offers for PMPL-D products;
in conjunction with data allowing your identification (e.g. consumer identification number specified in the PMPL-D system), may be processed by us for the purpose of sending you information related to your management of PMPL-D devices and/or sending you relevant commercial information.
The profile referred to above will be created in an automated manner by compiling the data indicated
in point 9a.
b) personal data in the form of: data listed in point 9a, contact details (e.g. address, telephone number assigned to your profile and used to send SMS); data from your mobile or desktop device and software (e.g. your IP address or unique device identifier (e.g. Mobile Ad ID (MAID) or Android ID (SSAID)), location data (general location (derived from your IP address, in which case the information we hold will be of
a general nature, e.g. the city in which you are located) or your precise location (if you choose to share
it with us for specific purposes, e.g. for the needs of a store searcher)), make and model of your device (some of which may be used as part of “digital fingerprinting”) and details related to cookies (or similar technologies) that we may have stored on your device), may be processed by us to prevent: abuse, fraud, actions violating decency, applicable regulations, or applicable laws which negatively affect security (for example, in the context of our promotions, contests, and surveys to ensure that the same person does not enter them more than once, or in the context of online sales to protect cardholder data).
The profile referred to above will be created in an automated manner by compiling the data indicated in point 9b.
a) direct sales (including marketing communication) (if you use digital points of contact and we are able to contact you)
Most of the information contained in the marketing profile is kept for the duration of our marketing relationship with you; for example, while you continue to use the digital touchpoints (website) or respond to our communications. However, some elements of your marketing profile, such as records of how we interact with you, naturally go out of date after a period of time, so we delete them automatically after defined periods (typically 3 years) as appropriate for the purpose for which we collected them.
b) marketing to you (including marketing communication), (if you are not in contact with us)
This scenario is the same to the one above; however, if there is no contact for a long period
of time (typically 2 years), we will stop sending you marketing communication and delete your history of responses to them. This will happen, for example, if you never click through to an invitation to an event, log on to a digital touchpoint, or contact customer care, during that time. The reason is that in these circumstances, we assume you would prefer not to receive the communications.
c) marketing to you (including marketing communication), (if you are not contactable)
If you have registered to receive marketing communications, but the information you give us to contact you doesn’t work, we will retain your details for a period of typically only 6 months to allow you to return and correct it.d)
d) marketing to you (including marketing communication) (incomplete registration)
In you commence registering yourself in a database, but do not complete the process
(for example, if you don’t complete the age verification process, or you don’t accept the touchpoint’s terms of use), we will store your data for a maximum of 30 days to allow you to complete the process if you decide to return, depending on the type of missing information.
e) market research
In the case you are not registered in our database for other purposes (e.g. marketing communication, warranty, customer service), and we use publicly available information about you in order to understand the market or your preferences, we will retain the information about you for a short period in order to perform the particular item of market research.
If we collect information about you as part of other market research, we will retain these information:
- for the purposes of the relevant part of the market research for the reasonably required period (usually no longer than one year); and
- for the purpose of demonstrating fair practices for as long as we need to be able to demonstrate that this purpose has been achieved, which we will review regularly to determine whether retention is still required.
f) purchases, loyalty transactions, and warranty
If you purchase goods or make a loyalty transaction, we will retain information about this for the period necessary to complete the sale, and to comply with any legal obligations (for example,
for tax and accounting purposes and fraud prevention purposes). If you also register for
a warranty for a device, we will retain details of this for so long as relevant to the warranty.
g) customer care
If you contact customer care, we will make a record of the matter (including details of your enquiry and our response) and retain it while it remains relevant to our relationship, for example if you need us to replace a device under warranty, or if your recent enquiries are relevant. Temporary records (for example, an automated recording of a telephone call in which you ask us to direct you to a retail outlet) may be relevant only until more permanent records are made,
and will be retained only temporarily.
h) system audits and fraud prevention
System audit logs are typically kept for up to six months for system recovery purposes and for up to 10 years for fraud prevention purposes.
i) business analytics
Most business analytics data is retained for the duration of our marketing relationship
as described in point 10 a) above. However, some items, such as certain device information
(if you choose to provide it to us), will become outdated after a certain period of time and will therefore be automatically deleted after a certain period of time depending on the purpose of its collection.
j) device data
We store data collected from your device (if you choose to provide it to us) for various periods, depending on the purpose of its use:
- product improvement: 5 years (or less if the marketing profile is removed);
- business analytics: 5 years (or shorter if marketing profile is removed);
- device diagnostics and update: deleted immediately after the service is provided;
- demonstration of fair treatment of the consumer: 10 years.
k) age verification
Detailed information provided to us for age verification purposes are deleted once the verification process is complete. We carry out several such processes, so a process-specific retention period is maintained, ranging from a few minutes to six months. We keep certain detailed information separately for fraud prevention purposes - see above.
l) claims
For the period of limitation of claims in connection with the determination, defence, and pursuit of claims, archiving data and documents, or responding to letters, applications, and requests.
- You have the right to file a complaint with the supervisory authority (President of the Office for Personal Data Protection, ul. Stawki 2, 00-193 Warszawa; www.uodo.gov.pl).
- Information clause of 13.12.2023 r.
Information clause for customers interested in: registration, cognition, lending or purchase of a device
Information clause
- The controller of your personal data within the meaning of the GDPR is Philip Morris Polska Distribution Sp. z o. o. with its registered office in Kraków (31-982), al. Jana Pawła II 196 (PMPL-D).
- We process your data for the purposes of: verification of the age and status of the user of PMPL-D products; order fulfilment; payment processing; provision of sales services; sale of PMPL-D products (to the extent permitted by law); implementing of marketing campaigns; business analytics, market research, system audits and fraud prevention, product improvement as well as device diagnostics and updates.
- You have the right to access your personal data, rectification, erasure, restriction of processing, right to data portability and right to object. In order to exercise these rights, please contact us at: e-mail: [email protected] or via hotline 801 801 501 or (+48) 22 455 14 04 (call cost according to the operator’s tariff).
- The legal basis for the processing of your personal data is:
a) Article 6(1)(f) of the GDPR - the legitimate interests of PMPL-D related to:
- the provision of sales and product support services to our Customers (e.g. correspondence with you, general administration and troubleshooting);
- the provision of PMPL-D contact points and PMPL-D electronic devices and support (e.g. enabling and improving the user experience of PMPL-D contact points and PMPL-D electronic devices);
- the analysis and improvement of our business results (e.g. business analytics, statistical or scientific purposes), our products, PMPL-D contact points, sales outlets and events and to the involvement of others in the promotion of PMPL-D products, if your interests, rights and freedoms to protect information about you are not superior thereto;
- to market our products (when legally permitted).
- Your personal data may be transferred to third parties, i.e.:
a) PMI affiliates, that is, members of the Philip Morris International group;
b) third parties who provide items and services to you or PMI affiliates;
c) carefully selected business partners and advertisers of PMI affiliates (in areas related to our products, or consistent with their style and image), in a way that allows them to contact you about offers that they believe may be of potential interest to you, according to your preferences;
d) third parties where permitted or required by law.
- The provision of personal data is voluntary. The consequence of not providing personal data, providing incomplete or even partially untrue or incorrect personal data is the inability to register in the PMPL-D consumer database.
- Consent can be withdrawn at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
- Your data is transferred to third countries (i.e. outside the European Economic Area, including the European Union, Norway, Liechtenstein, and Iceland).
- Your personal data will not be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you.
- Personal data will be processed for a period of 1 year counting from the date of its transfer to PMPL-D.
- You have the right to file a complaint with the supervisory authority (President of the Personal Data Protection Authority, ul. Stawki 2, 00-193 Warsaw; www.uodo.gov.pl).
- Information clause 13.12.2023 r.